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Home My WebLink AboutRes2022-014 Sponsored by: Applicant Public Hearing: June 7, 2022 CITY OF SEWARD,ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2022-014 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA, GRANTING A CONDITIONAL USE PERMIT TO DWAYNE AND KARI ATWOOD TO CONSTRUCT A SINGLE-FAMILY DWELLING ON LOT 18, BLOCK 14, ORIGINAL TOWNSITE OF SEWARD; LOCATED AT 305 THIRD AVE; WITHIN A CENTRAL BUSINESS (CB) ZONING DISTRICT WHEREAS,Dwayne and Kari Atwood have applied for a Conditional Use Permit(CUP) from the Seward Planning and Zoning Commission to construct a single-family dwelling at 305 Third Avenue, Lot 18, Block 14, Original Townsite of Seward; and WHEREAS,the property is in a Central Business (CB)Zoning District; and WHEREAS,Seward City Code, 15.10.140 Definitions states that a single-family dwelling is "a building designed and/or used exclusively for occupancy of one family and entirely surrounded by open space on the same lot;"and WHEREAS,the intended use of this structure is to house one family; and WHEREAS, the lower and upper living spaces are not totally separated from each other by an unpierced wall,which is the definition for a two-family/duplex dwelling; and WHEREAS, according to the Seward City Code, Land Uses Allowed Table 15.10.226. a single-family dwelling is allowed in the Central Business (CB)Zoning District as a conditionally permitted use; 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 15.10.320.D., the Commission shall establish a finding that the use satisfies the following conditions prior to granting a conditional use permit: A. The use is consistent with the purpose of this chapter (the Seward Zoning Code) and the purposes of the zoning district. Finding: The Land Use Table in City Code §15.10.226 allows single family dwellings to be constructed in a Central Business Zoning District with an approved Conditional Use Permit. Seward Planning and Zoning Commission Resolution No. 2022-014 Page 2 of 4 B. The value of adjoining property will not be significantly impaired. Finding: Prior to this proposed construction,a single-family dwelling has been on this property for many years. Therefore,the use is not changing,and the value of adjoining properties should only increase with the new construction. 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, Chapter 3.2.1 — "Promote residential and commercial development within the City of Seward and its vicinity in accordance with community values." Vol 1, Chapter 3.3.1 —"Encourage development of new housing in Seward." Vol 1, Chapter 3.3.1.1 — "Support a range of housing choices that meet the needs of people in various income and age groups." Strategic Plan (1999) Promote Residential and Commercial Development Inside the City(Page 9-10) • Encourage construction of residential and seasonal housing at all market levels Expand availability of affordable, diverse,year-round housing(Page 18) D. Public Services and facilities are adequate to serve the proposed use. Finding: This condition has been met. The property is served by existing public utilities.Adequate fire,police,and trash services are available.There is sidewalk access in the front and driveway/parking area in the rear(alley). E. The proposed use will not be harmful to the public safety, health or welfare. Finding: The home will be built according to current fire and safety codes. Adequate parking will be provided on site.The proposed use as a single-family dwelling will not be harmful to the public safety,health or welfare. 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. Seward Planning and Zoning Commission Resolution No. 2022-014 Page 3 of 4 Based on the above findings and conclusions, approval of the CUP shall be subject to the following conditions: 1. The owner of the property must update the structure of the building to meet locally adopted fire and Life Safety Codes for a duplex if two separate families are ever occupying this structure. 2. The building shall meet all locally adopted fire and Life Safety Codes prior to construction and use. 3. Any changes to the building shall be approved by the Fire and Building Department utilizing a building permit as needed. 4. The applicant shall work with City Public Works and Electric Departments for any possible upgrades or connections to the water, sewer and/or electric utilities. 5. All parking and maneuverability requirements as determined by the Planning and Zoning Commission shall remain on site for the life of the use. 6. Bear-proof/ bird resistant containers shall be provided for all garbage and refuse for the life of the use. 7. Per Seward City Code §15.10.325(0. an approved CUP 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. 8. Modification of final approval of a conditional use permit may, upon application by the permitee,be modified by the Planning and Zoning Commission: a. When changed conditions cause the conditional use 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 conditional use permit provided the conditions listed on Section 1, Subsections A through F are met by the applicant, and authorizes the administration to issue a conditional use permit to Dwayne and Kari Atwood to construct a single-family dwelling at 305 Third Ave,Original Townsite of Seward, Lot 18, Block 14. Section 3. The Planning and Zoning Commission finds that adherence to the conditions of this permit is paramount in maintaining the intent of Seward City Code Section 15.10.320: Conditional Use Permits, and authorizes the administration to issue a conditional use permit. Additionally,the administration shall periodically confirm the use conforms to the standards of its approval. Seward Planning and Zoning Commission Resolution No. 2022-014 Page 4 of 4 Section 4. This resolution shall take effect 10 days following its adoption. PASSED AND APPROVED by the Seward Planning and Zoning Commission this 7th day of June,2022. TH ITY OF SEWARD, ALASKA are Sullivan, hair AYES: Staggs, Monaco, Verhey, Sullivan NOES: None ABSENT: Charbonneau, Hornseth ABSTAIN: None VACANT: One ATTEST: renda Ba lou, C City Clerk (City Seals'��F $E u'�4�' :0 O a. • • SAL OF 1*os%