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HomeMy WebLinkAboutRes1994-189 . . . Sponsored by: City Council CITY OF SEWARD, ALASKA RESOLUTION NO. 94-189 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, RATIFYING THE DECISION OF THE CITY COUNCIL SITTING AS A BOARD OF ADJUSTMENT IN THE MATTER OF AN APPEAL AS FILED BY THE SEWARD ASSOCIATION FOR THE ADVANCEMENT OF MARINE SCIENCE WHEREAS, on August 3, 1994, following public hearing, the Seward Planning and Zoning Commission approved a request for a Conditional Use Permit (CUP) filed by the Seward Association for the Advancement of Marine Science (SAAMS); and WHEREAS, SAAMS subsequently appealed certain conditions included in the CUP which required construction of an additional restroom outside the facility, the planting of a permanent Christmas tree in the plaza area and the location and development of an off-site parking lot and return of Waterfront Tracts 5 and 6 to the City within 10 years; and WHEREAS, on August 22, 1994, the City Council remanded the CUP back to the Planning and Zoning Commission for further review and consideration; and WHEREAS, on September 7, 1994, the Planning and Zoning Commission deleted Condition No. 17, location and development of an off-site parking lot and the return of Waterfront Tracts 5 and 6 to the City within 10 years, from the CUP; and WHEREAS, on September 19,1994, the City Council, sitting as a Board of Adjustment, conducted a hearing on the appeal as filed by SAAMS; and WHEREAS, the City Council found that CUP Condition No.6, requiring SAAMS to provide restrooms in the plaza area in addition to those inside the facility to be in excess of City Code requirements; and WHEREAS, the City Council further found that CUP Condition No.7, requiring SAAMS to provide a permanent planted Christmas tree in the plaza area to be outside the scope of Conditional Use requirements as set forth in the Seward City Code; and WHEREAS, an amended CUP was issued to SAAMS on September 23, 1994; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. The Decision of the Seward City Council to uphold the appeal of the decision of the Seward Planning and Zoning Commission as filed by SAAMS, is hereby RATIFIED. CITY OF SEWARD, ALASKA RESOLUTION NO. 94-189 Section 2. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the City Council of the city of Seward, Alaska, this 10th day of October, 1994. THE CITY OF SEWARD, ALASKA f:h'f. LJ. \I~ Dave W. Crane, Mayor AYES: NOES: ABSENT: ABSTAIN: Anderson, Crane, Darling, Deeter, King, O'Brien, Sieminski None None None ATTEST: APPROVED AS TO FORM: Wohlforth, Argetsinger, Johnson & Brecht, Attorneys for the city of Seward, Alaska ~f~ City Attorney (City Seal)