HomeMy WebLinkAboutRes2021-024 - Postponed Indefinitely Sponsored by: Applicant
Postponed: October 19, 2021
POSTPONED INDEFINITELY
CITY OF SEWARD,ALASKA
PLANNING AND ZONING COMMISSION
RESOLUTION 2021-024
A Resolution of the Planning and Zoning Commission of the City of Seward,
Alaska, Granting a Variance to City Code §15.10.22 Development
Requirements to James Protzman to Construct a Building With a Height That
Exceeds 34' on Lots 37-40, Block 4, Original Townsite Of Seward Alaska,
Located At 134 Fourth Avenue; Within a Central Business (CB) Zoning
District
WHEREAS, James Protzman has applied for a Variance to City Code §15.10.222
Development Requirements from the Seward Planning and Zoning Commission to construct a
building with a height that exceeds 34' at 134 Fourth Avenue, Lots 37-40, Block 4, Original
Townsite of Seward, Alaska; and
WHEREAS,the property is in a Central Business(CB)Zoning District; and
WHEREAS,the additional building height will provide more livable square footage to the
year-round dwelling units; and
WHEREAS, additional resources available to the Seward City Fire Department, as well
as current Fire and Building Code, will address any life safety issues that could potentially be
caused by a building exceeding 34' in height; and
WHEREAS, the applicant has complied with all of the public hearing requirements of
Seward City Code §15.01.040;
NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning
Commission that:
Section 1.According to SCC 15.10.325.D.,the Commission shall establish a finding that
the use satisfies the following conditions prior to granting a variance:
1) The use is consistent with all of the general conditions required for a conditional use
permit; which are:
A. The use is consistent with the purpose of this chapter(the Seward Zoning Code)
and the purposes of the zoning district.
Finding:The definition for the Central Business District states that it"provides for
an area of convenient, attractive, concentrated commercial development primarily
Seward Planning and Zoning Commission
Resolution No. 2021-024
Page 2 of 5
intended for retail, financial, entertainment, and professional services...". The
applicant will be using the property for this intended use, as well as the additional
use of housing, which is much needed in Seward. According to the Land Use
Allowed Table, §15.10.226, Townhouses and Condominiums are allowed within a
Central Business District with a Conditional Use Permit, which the applicant has
already received, and home occupation is allowed outright in a Central Business
District.
B. The value of adjoining property will not be significantly impaired.
Finding: This condition has been met. Currently,the lot is vacant,and thus adding
no value to the adjoining property. Once developed,the property will significantly
increase the value of the adjoining properties. It will create additional retail as well
as housing, which will draw people to that area of town to support the restaurants
and shops already in that area.
C. The proposed use is in harmony with the Seward Comprehensive Plan.
Finding: This condition has been met. The proposal is in harmony with the
Seward 2030 Comprehensive Plan(2017)and Strategic Plan(1999)
Seward Comprehensive Plan(approved by Council,May 30,2017)
Vol 1 Ch 2.2.11 - Economic Base
• "Encourage the development of infrastructure expansion plans for
currently undeveloped residential and commercial property"
Vol 1 Ch 3.2- Land Use
• "Promote residential and commercial development within the city
of Seward and its vicinity in accordance with community values."
Vol 1 Ch 3.3 - Housing
• "Encourage development of new housing in Seward."
Strategic Plan (1999)
"Continue working with the Alaska Railroad, Alaska Marine Highway System,
shipping, and cruise ship industries to ensure the expansion and modernization of
the freight and cruise ship port facilities"(Page 7).
D. Public Services and facilities are adequate to serve the proposed use.
Finding: This condition has been met. Adequate water, sewer, and power are
available to the property as well as adequate fire,police and solid waste disposal
services. City Code requires that every business within the City must provide
containers suitable for refuse collection(SCC 14.05).
Seward Planning and Zoning Commission
Resolution No. 2021-024
Page 3 of 5
E. The proposed use will not be harmful to the public safety, health or welfare.
Finding: This condition has been met. The building will be constructed following
International Fire Code and International Building Code.
F. Any and all specific conditions deemed necessary by the commission to fulfill
the above-mentioned conditions shall be met by the applicant. These may
include but are not limited to measures relative to access, screening, site
development, building design, operation of the use, and other similar aspects
related to the proposed use.
2) Special conditions and circumstances exist which are peculiar to the land or
structures involved and which are not applicable to other lands and structures in the
same district
Finding: No special conditions or circumstances exist for this specific variance to the
height restriction in Code. Any property owner in the Central Business District could
apply for the same variance.
3) The special conditions and circumstances have not been caused by actions of the
applicant
Finding: The special conditions and circumstances have not been caused by the actions
of the applicant.
4) Financial hardship or inconvenience shall not be a reason for granting a variance.
Finding: Financial hardship or inconvenience are not reasons for applying for a height
variance. The additional height will actually add cost to the project,but it will provide
future owners more livable space per dwelling unit.
5) Other nonconforming land use or structures shall not be a reason for granting a
variance.
Finding: Other nonconforming land uses or structures are not reasons for this variance
application. Any other property owner could apply for a similar variance.
6) A variance shall be the minimum variance necessary to permit the reasonable use of
the land or structure.
Finding: The additional 10' on the building will be used as a loft for the six dwelling
units on the first floor.This will add square footage and more livable space year-round.
7) A variance shall not be granted which will permit a land use in a district which that
use is otherwise prohibited.
Finding: This variance does not permit a land use in a district which that use is
otherwise prohibited. Dwellings are allowed in a Central Business District with a
Conditional Use Permit,which the applicant has already received.
Seward Planning and Zoning Commission
Resolution No. 2021-024
Page 4 of 5
Based on the above findings and conclusions, approval of the Variance to City Code
§15.10.222 Development Requirements shall be subject to the following conditions:
1. The applicant shall work with City staff through the building permit process
to address and accomplish any required upgrades or modifications.
a. Prior to operation, the building will be constructed following
requirements per International Fire Code (IFC) and International
Building Code(IBC)
2. The applicant shall work with all City Utility Departments for any possible
upgrades to the water, sewer and/or electric utilities prior to a certificate of
occupancy being issued.
3. All parking and maneuverability shall remain on site for the life of the use.
4. Per Seward City Code §15.10.325(f). an approved Variance shall lapse six
months from the date of approval if the use for which the permit was issued
has not been implemented or a building permit obtained. The Commission
may grant a six-month extension upon finding that circumstances have not
changed sufficiently since the date of initial permit approval.
5. Modification of final approval of a Variance may, upon application by the
permitee,be modified by the Planning and Zoning Commission:
a. When changed conditions cause the variance to no longer conform
to the standards for its approval.
b. To implement a different development plan conforming to the
standards for its approval.
c. The modification plan shall be subject to a public hearing and a
filing fee set by City Council Resolution.
Section 2. The Planning and Zoning Commission finds that the proposed use, subject to
the above conditions satisfies the criteria for granting a variance to City Code §15.10.222
Development Requirements provided the conditions listed on Section 1, Subsections 1 through 7
are met by the applicant, and authorizes the administration to issue a Variance to James Protzman
to construct a building with a height that exceeds 34' at 134 Fourth Avenue, Lots 37-40, Block 4,
Original Townsite of Seward,Alaska.
Section 3. The Planning and Zoning Commission finds that adherence to the conditions of
this variance is paramount in maintaining the intent of Seward City Code Section 15.10.325:
Conditional Use Permits, and authorizes the administration to issue a variance. Additionally, the
administration shall periodically confirm the use conforms to the standards of its approval.
Section 4. This resolution shall take effect 10 days following its adoption.
Seward Planning and Zoning Commission
Resolution No. 2021-024
Page 5 of 5
PASSED AND APPROVED by the Seward Planning and Zoning Commission this 19th
day of October 2021.
THE CITY OF SEWARD, ALASKA
POSTPONED INDEFINITELY
Tom Swann,Vice Chair
AYES: Charbonneau,Verhey,Ambrosiani, Swann
NOES: Seese, Sullivan
ABSENT:
ABSTAIN:
ATTEST:
POSTPONED INDEFINITELY
Brenda Ballou,MMC
City Clerk
(City Seal)
Note: This resolution was postponed on October 19, 2021 until after a work session; the applicant
withdrew their application for variance on October 20, 2021.