HomeMy WebLinkAbout03162006 Planning & Zoning Packet
.
Seward Planning & Zoning
Commission
,
Boat Storage, Commercial and
Storage, Outdoor, Yard,
Material/Equipment, Zoning Violation
Determination
Appeal Hearing Packet
, .
March 16, 2006 Appeal Hearing
City Council Chambers Beginning at 6:30 p.m.
Seward Planning & Zoning Commission
Boat Storage, Commercial and Storage, Outdoor, Yard,
MateriaVEquipment Determination Appeal Hearing
6:30 p.m.
City Council Chambers
March 16, 2006
Marianna Keil
Chair
. Term Expires 02/07
1. Call to Order
Tom Smith
Vice-Chair
Term Expires 02/07
2.
Opening Ceremony
Margaret Anderson
Commissioner
Term Expires 02/09
A. Pledge of Allegiance
3.
Roll Call
Kevin Clark
Commissioner
Term Expires 02/09
4.
Procedures Outlined.
A. Establish time limits for each side.
Lynn HoM
Commissioner
Term Expires 02/08
5.
Appeal Hearing
Kay Strobel
Commissioner
Term Expires 02/08
6.
Executive Session
7.
Return to Open Session
Sandie Roach'
Commissioner
Term Expires 02/07
A.
Motion and public vote of findings
OR
B. Motion to postpone to subsequent date
Clark Corbridge
City Manager
8.
Adjournment
, . Malcolm Brown
Planner
Donna Glenz
Planning Assistant
Planning & Zoning Commission Zoning Violation
March 16, 2006
Appeal Hearing Agenda
Zoning Violation Determination Appeal Hearing
March 16, 2006
6:30 p.m.
Tab~~tyolu:~~!:m~~~
City Administration Report
Staff Agenda Statement ............................................. ...... ...................... Page 3
Exhibit A.
Exhibit B.
Exhibit C.
Exhibit D.
Exhibit E.
Exhibit F.
Building Permit 2005-51 letter of denial 12/12/05 Page 5
Building Permit 2005-5, 12/12/05..........................Page 6
Building Permit 2005-51, Plan Review.................. Page 7
12/15/2005 Staff file memo.................................... Page 8
12/21/05 Staff memo to City Manager...................Page 9
2/9/2006 Determination Letter to Appellant ........Page 11
Staff Supporting Documents
Exhibit G.
Exhibit H.
Exhibit I.
Exhibit J.
Exhibit K.
Exhibit L.
Exhibit M.
Property Location Map..........................................Page 15
Portion of the Current Zoning Map .......................Page 16
Page 1 of the Land Use Map .................................Page 17
Photos of the Existing Boat Storage......................Page 18
Land Uses Allowed Table 15.10.225 ....................Page 21
Page 15-23, Definition of Outdoor storage, Planning &
Land Use Regulations............................................Page 27
City of Seward Official Zoning Map .............................. *
Appellant notice of Appeal.............................................................................Page 28
Appellant Supporting Documents
Exhibit 1.
Exhibit 2.
Appellant Statement ..............................................Page 29
Appellant letter to COUIlciI2/15/06 .......................Page 30
* Wall map provided for visual display, too large for packet, available for view at Community Development Office
Zoning Violation Determination Appeal Hearing
March 16, 2006
Table of Contents
Page 1
Public Concern Documents
;;
Written comment submitted March 2, 2006 - Humphrey.................. Page 31
Written comment submitted March 8, 2006 - King ............................Page 32
Written comment submitted March 10, 200 - Seese ...........................Page 33
Prof of l'Jotification Documents
l'Jotice of Appeal Hearing date to appellant.........................................Page 34
l'Jotice of Appeal Hearing date reschedule to appellant....................... Page 35
Agreement from Appellant to the reschedule of Appeal Hearing........ Page 36
Public Posting l'Jotice of Appeal Hearing ............................................ Page 37
Public Posting l'Jotice of reschedule of Appeal Hearing...................... Page 38
Affidavit of Mailing......... .............. ....................... ................................ Page 39
Affidavit of Public Posting of Property ................................................Page 40
Certification of2/9/06 Appellant letter was received ..........................Page 41
* Wall map provided for visual display, too large for packet, available for view at Community Development Office
Zoning Violation Determination Appeal Hearing
March 16, 2006
Table of Contents
Page 2
P&Z Agenda Statement
From:
March 14,2006
/'17 { 3-g-0,"
Clark Corbridge, City Manager U f/L
Malcolm G. Brown, Planner",4A1'L
Meeting Date:
Through:
Agenda Item:
Appeal of Community Development of a zoning
violation consisting of "Boat storage, commercial" and "Storage,
outdoor, yard, material/equipment" at 1001 Fourth Avenue, Lot 8,
Block 3, Oceanview Subdivision in the Central Business District
SUMMARY
Community Development received a complaint that the property owned by Mr. and Mrs.
Waliezer at 1001 Fourth Avenue, Lot 8, Block 3, Oceanview Subdivision in the Central
Business District was storing boats. The staff assessment confirmed that that activity was
taking place, but staff was not able to contact the owners to initiate abatement due to the
backlog of Community Development tasks, including other complaints concerning
zoning violations.
When Mr. Waliezer applied for a building permit to repair and upgrade the fence, staff
contacted him and said that the building permit review was delayed due to a zoning
violation on the property. After staff discussed the situation with Mr. Waliezer and he
expressed a difference of opinion regarding the interpretation of the zoning ordinance,
staff sent Mr. Waliezer a letter dated February 9th, 2006 outlining the zoning violations
taking place and providing detail on the appeal process.
DISCUSSION
The pertinent information sent by staff to Mr. Waliezer on February 9th, 2006 summarizes
staff's understanding of what has taken place and what is required by the Seward City
Code (SCe) and is brought forth as follows:
The staff assessment has determined that the following activities have been taking place
"boat storage, commercial" and "storage, outdoor, yard, material/equipment". These
are not allowed uses in the Central Business District (CBD), as per SCC Table 15.10.225,
Land Uses Allowed (see attached).
The definition of "storage, outdoor" is: "The commercial keeping, in an unroofed area
and usually enclosed by a fence, of any goods, junk, material, merchandise or vehicles in
3
Zoning Violation Determination Appeal Hearing
Jerry Waliezer
Appeal Date: March 16, 2006
Page 2 -
the same place for an extended period of time. In the harbor commercial area, the use is
limited to the storage of boats only" (SCC 15.10.140).
The following activity is allowed in the CBD: "Business, marine retail sales and
services ". However, since the boat maintenance activities are taking place at the
Waliezer's property on Leirer Street in the Industrial zoning district, and the temporary
storage of boats is done as a supporting task while the boats are awaiting parts at the lot
in the CBD, the staff determination is that the activity that is actually taking place on the
CBD lot is "Business, marine retail sales and services, industrial," which is not an
allowed use in the CBD.
Therefore, in order for the activity at lot at Lot 8, Block 3, Oceanview Subdivision in the
CBD to be in compliance with the Zoning Code, it is necessary to cease the performance
of "boat storage, commercial and "storage, outdoor, yard, material/equipment" within
the next thirty calendar days, as per SCC 15.01.050, Enforcement and penalties:
As noted in the staff file memo of December 15,2005. The recommendation of the Land
Use Map is an area which includes Lot 8, Block 3, Oceanview Subdivision be rezoned to
Auto Commercial (AC), in which the "boat storage, commercial" is allowed outright;
however Mr. Waliezer stated he was not interested in pursuing the recommended zoning
change.
CONSISTENCY CHECKLIST:
Yes
No
N/A
1. Comprehensive Plan (2006) --K-
The Comprehensive Plan supports enforcement of the Seward City Code on pages 11, 13
and 20.
2. Strategic Plan (1999)
l
RECOMMENDATION:
Commission find in favor of the staff determination and verify that "boat storage,
commercial" and "storage, outdoor, yard, material/equipment" are taking place at 1001
Fourth Avenue, Lot 8, Block 3, Oceanview Subdivision in the Central Business District
and are not uses allowed as per the SCC Table 15.10.225 Land Uses Allowed, and the
defInitions provided in SCC 15.10.140.
The Commission may also wish to consider fInding the staff interpretation of the Code
correct and support the previous staff recommendation of the Land Use Plan,
recommending the area which includes Lot 8, Block 3, Oceanview Subdivision be
rezoned to Auto Commercial (AC) in which the "boat storage, commercial" is allowed
outright.
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CITY OF SEWARD
p.o. BOX 167
SEWARD. ALASKA 99664-0167
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. Main Office (907) 224-4050
. Police (907) 224-3338
. Harbor (907) 224-3138
. Fire (907) 224-3445
. City Clerk (907) 224-4046
. Engineering (907) 224-4049
. Utilities (907) 224-4050
. Fax (907) 224-4038
December 12, 2005
CO~y
Jerry Waliezer
P.O. Box 789
Seward, AK 99664
Re: Plan Review for Building Permit Application # 2005-51
Attached is a copy of the Building Permit Application Plan Review Transmittal for BP
permit # 2005-51.
Unfortunately we are not able to grant your request for a building permit due to ongoing
zoning violations; boat storage is not allowed in a Central Business District (CBD).
Parking is allowed for 72 hours only.
If you have any questions regarding this matter, please contact Malcolm Brown with
Conununity Development at 224-4065.
Cc. Tom Shepard
Project Manager
b
BUILDING PERMIT APPLICATION
PLAN REVIEW TRANSMITTAL
Applicant's Name: Jerry Waliezer
Permit #: 2005-51_
Location of Project: Lot 8 Block 3 Ocean View Parcel #14726007
ROUTED TO:
I:8J Fire Department
D Public Works
D Electric
I:8J Community Development
I:8J Building Division/Official
I:8J Other Building Inspector
Routed Date: 12-12-2005
Return to Building Dept by:
Attached are plans for the above application. These are transmitted for review, comments,and approval by
your department. If additional information for corrections or clarifications is requ' a copy of this
form with your request or other action needed. Approved: D YES or
REMARKS:
DOriginal Construction Documents (Commercial plans must be
stamped by an Engineer or Architect)
DAmended Construction Documents .
DBuilding Material List (to assure materials to be used meet code
requirements)
Please return the plans submitted for review so they can be approved in writing or by stamp, as "Reviewed
for Code Compliance" once the building official issues a permit. One set of construction documents so
reviewed shall be retained by the building official. The other set shall be returned to the applicant to be
kept at the site of work and shall be open to inspection by the building official or his or her authorized
representative.
Submitted for Review:
Received and Reviewed by ~~~
(Name)
Review Comments Returned to Building Dept:p' 4a:: ~
. (Date)
on /,J.. hE: C (}Js--
/
(Date)
~.
- (Department)
(Copy to file)
Plans Reviewed As:
Type of Construction:
Commercial: []New DRemodel ~Other
G
ZONING - SITE PLAN REVIEW
(SCC' 15.10.220)
COpy
Property Owner: Jerry Waliezer
Builder: Same
Property Address: 1001 Fourth Avenue
Tax Parcel No. 147-260-07
Legal Description: Lot 8, Block 3, Oceanview Sub. Permit # 2005-51
Proposed Use: Boat parking
Existing Structures: Fence.
Zoning District: CBD, Central Business District Use Allowed: Yes, but only for 72 hour parkine:.
Review Requirements: Code Standards Proiect Proposal
BldgHt(Ff) 15.10.140 34 N/A
Minimum buildable lot size (sf) 3,000 to 9,000 8,276 sq. ft.
Lot width (ft) 30 to 90 81'
Front Yard Setback (Ff) 15.10.22 (c) none N/A
Side Yard Setback (FT) 15.10.220 (c) (5) none N/A
Side Yard Setback Adjacent Street (Ff) 15.10.220 (c) (4) none N/A
Rear Yard Setback (no rear for comedot) (FT) 15.10.220 (c) (5) none N/A
Special Setback when abutting residential district and not same requirements as N/A
separated by aright of way 15.10.230 district abutting
Max % Lot Coverage 15.10.140, Lot, buildable oruseab1e area 100 N/A
Snow does not shed to adjacent property &Jor ROW N/A
Signs SCC 12.01 N/A
Flood zone & 17' abvMLLW '12.01.015 &KPB 21.06 In Flood Zone C, Flood
Plain Development Permit
not required
Building on Interior Lot Lines(commercial)' 12.01.030 N/A
Utility EasementslEncroachments(look on deeds/p1ats) None shown on site plan.
Snow does not shed to adjacent property &/or ROW: YesINo
Comments: **Denied due to ongoing zoning violation, boat stora2e is not allowed in the CBD. Parking is allowed for only
72 hours.
Site Plan:
Denied
j~~~iY~~
Community Development Date
Note: if a driveway is proposed on Seward HighwayfThird Avenue a state driveway permit is required.
1
MEMORANDUM
City of Seward
Community Development
Date:
December 15,2005
To:
File
From:
Malcolm G. Brown, Planner
Subject:
Conversation with Jerry Waliezer re: zoning violation of boat storage at
1001 Fourth Avenue, Lot 8, Block 3, Oceanview Subdivision
Jerry Waliezer visited Community Development today in response to a letter stating that
he had a zoning violation due to boat storage. He said that he considered his activity to
be allowed outright as per SCC Table 15.10.225, Land Uses Allowed, "Business, marine
retail sales and services". He stated that the boats were parked onsite due to maintenance
activities. I said I would review this description of the usage.
When asked about his concerns for rezoning to Auto Commercial as has been
recommended in the Land Use Plan, he said he was satisfied with the current CBD
zoning and not interested in rezoning.
He said he did not remember having conversations with either myself or Donna Glenz re:
parking for 72 hours versus storage during the building permit process.
He also had concerns with Bay City Motors storage ofU-Haul vans in the alley and
storage of a boat on their lot.
B
MEMORANDUM
City of Seward
Community Development
Date:
December 21,2005
To:
Clark Corbridge, City Manager
From:
Malcolm G. Brown, Planner
Subject:
Appeal for Jerry Waliezer re: zoning violation of boat storage, commercial
at 1001 Fourth Avenue, Lot 8, Block 3, Oceanview Subdivision
Jerry Waliezer visited Community Development on December 15th, 2005 in response to
the letter stating that he had a zoning violation on his lot in the Central Business District.
Mr. Waliezer's building permit for additional work on his fence and gate is being held
until this zoning violation is abated. The zoning violation is "boat storage, commercial. "
The definition of "storage, outdoor" is: The commercial keeping, in an unroofed area
and usually enclosed by a fence, of any goods, junk, material, merchandise or vehicles in
the same place for an extended period of time. In the harbor commercial area, the use is
limited to the storage of boats only" (SCC 15.10.140).
When he applied for the original building permit for the fenced area during the summer
of2004, I told him that "boat storage, commercial. " as not an allowed use on a CBD lot.
He said that the lot would be used for parking by recreational boaters who needed short
term parking for their trailers. This was in response to the overflow parking needs of
harbor users. Donna also had a similar conversation with his wife, Cindy while
reviewing the sign permit application. Mr. Waliezer said he does not remember having
this conversation.
The original complaint from a citizen was received during the late fall of 2004, the
Waliezer's were not contacted until the building permit review due to the backlog of
zoning violations and the lack of staffing available.
He stated that the boats were onsite due to maintenance activities at his Volvo dealership
and that they were rotated, depending on the duration of the maintenance. He said that he
considered his activity to be allowed outright as per SCC Table 15.10.225, Land Uses
Allowed, "Business, marine retail sales and services ", However, since his marine
mechanical activities are an Industrial use and are occurring in the Industrial zoning
district, this could only be allowed as "Business, marine retail sales and services,
;-
/
q
industrial, " which is not an allowed use in the CBD. After doing another review, I have
arrived at the same conclusion, having a fenced area in which the only activity is storage
of boats is not "Business, marine retail sales and services".
I spoke with Mr. Waliezer after the Planning Commission work session for Icicle's
bunkhouse, December 20th, 2005, and told him that I did not consider the activity to be
"Business, marine retail sales and services" and that our administrative appeal process
allowed him to seek an appeal from the City Manager. He said that was what he intended
to do when he meets with you this Friday.
There are. several recommended courses of action:
1. Cease the performance of boat storage at this CBD lot, or
2. Amend the Zoning Code to allow boat storage in the CBD, which is extremely
unlikely to happen, or
3. Rezone the 9 lots in this "island" district of the CBD to Auto Commercial, as was
approved in the Land Use Plan by the Planning Commission and Council.
Although the business owners would not be able to have 100% lot coverage and
would have to provide onsite parking, this seems like it would be amenable with
the current operations of the businesses on these 9 lots. In spite of the fact that
they are not required to currently have onsite parking, they all have parking for
their customers and staff.
If I can provide further detail, please don't hesitate to call. Donna is also quite familiar
with this issue and can assist you if! am not available.
/6
", 'l'
.
.
. Main Office (907) 224-4050
. Police (907) 224-3338
. Harbor (907) 224-3138
. Fire (907) 224-3445
. City Clerk (907) 224-4046
. Engineering (907) 224-4049
. Utilities (907) 224-4050
. Fax (907) 224-4038
<
CITY OF SEWARD
p.o. BOX 167
SEWARD, ALASKA 99664-0167
February 9, 2006
Jerry Waliezer
PO Box 789
Seward, AK 99664
Re: Zoning violation consisting of "Boat stomge, commercial" and "Storage, outdoor, yard,
material/equipment" at 1001 Fourth Avenue, Lot 8, Block 3, Oceanview Subdivision in
the Central Business District
Dear Mr. Waliezer,
This letter is being sent in response to requests for further documentation from staff. Your
assistance is being sought with the following activities which have been taking place at your land
at 1001 Fourth Avenue, Lot 8, Block 3, Oceanview Subdivision.
Complaints have been received regarding the boat storage. The staff assessment has determined
that the following activities have been taking place "boat storage, commercial" and "storage,
outdoor, yard, material/equipment". These are not allowed uses in the Central Business District
(CBD), as per Seward City Code (SCe) Table 15.10.225, Land Uses Allowed (see attached).
The definition of "storage, outdoor" is: "The commercial keeping, in an unroofed area and
usually enclosed by a fence, of any goods, junk, material, merchandise or vehicles in the same
place for an extended period of time. In the harbor commercial area, the use is limited to the
storage of boats only" (SCC 15.10.140).
The following activity is allowed in the CBD: "Business, marine retail sales and services".
However, since the boat maintenance activities are taking place at your property in the Industrial
zoning district, and the tempomry storage of boats is done as a supporting task while the boats
are awaiting parts at your lot in the CBD, the staff determination is that the activity that is
actually taking place on the CBD lot is "Business, marine retail sales and services, industrial,"
which is not an allowed use in the CBD.
Therefore, in order for the activity at your lot at Lot 8, Block 3, Oceanview Subdivision in the
CBD to be in compliance with the Zoning Code, it is necessary to cease the performance of
"boat storage, commercial and "storage, outdoor, yard, material/equipment" within the next
thirty calendar days, as per SCC 15.01.050, Enforcement and penalties:
Page 1 of4
Zoning Violation, Jerry Waliezer, Lot 8, Block 3, Oceanvicw Subd.
II
"
.
.
"SCC 15.01.050. Enforcement and penalties.
(a) Procedures for abating violations.
(1) When a violation is discovered, the administrative official shall notify in writing, via mail or
personal delivery with proof of receipt or by notice posted at the site of the violation, the person
responsible for or the owner of the property upon which said violation occurs. The notice shall
specify the violation and order abatement within a reasonable period of time, to be no longer
than 90 days. Interpretation and abatement action of all purported violations known to the
administrative official shall be presented to the commission at its next regular meeting.
(2) If a violation is not corrected within the aforementioned reasonable time, the city manager
shall notify the city attorney, who may initiate action to abate the violation, including the filing
of criminal charges as necessary.
(b) Penalties. See chapter 1.05, violations and penalties.
(Ord. 626, ~ 3,1989; Ord. 99-16, ~ 1, 1999)"
In the event that you wish to appeal this staff determination, the appeal process in the Seward
City Code is as follows:
"Article 4. Appeals
15.10.410. Appeals-Generally.
(a) Purpose. This article governs all appellate actions and determinations, including
interpretation and enforcement, taken under the Seward Zoning Code.
(b) Appeals-Standing. Any person or persons aggrieved by an action or determination taken
under this chapter may appeal said action or determination.
(c) Time limitation. An appeal of a decision of the administrative official or the Seward
planning and zoning commission must be filed within ten days of the action or determination
being appealed. An appeal of a decision of the board of adjustment must be filed within 30 days
of the action or determination being appealed. Computation of the time period for filing an
appeal shall commence with the date on which the action or determination is mailed or delivered
to the parties involved. Any decision not appealed within these time limits shall become final.
(d) Applications. The application for appeal shall be filed with the city clerk, except that
appeals to the superior court shall be filed with the appropriate court officer with a copy to the
city manager, shall be in writing, and shall contain, but is not limited to, the following
information:
(1) The name and address of the appellant;
(2) A description of the action or determination from which the appeal is sought; and
(3) The reason for the appeal which must show a grievance to the applicant.
(e) Filing fie. An application appealing actions and determinations of the administrative
official or the Seward planning and zoning commission shall be accompanied by a filing fee as
set by resolution of the council.
(f) Jurisdiction. Appeals of actions and determinations of the administrative official are heard
by the Seward planning and zoning commission. Appeals of actions and determinations of the
commission are heard by the board of adjustment. Appeals of actions of board of adjustment are
heard by the superior court.
(Ord. 626, S 3, 1989; Ord. 2005-02)
Page 2 of 4
Zoning Violation, 1erry Waliezcr, Lot 8, Block 3, Oceanview Subd.
/~
"
.
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15.10.415. Appeal notice and hearing.
(a) Upon receipt of a valid application appealing an action or determination of the
administrative official or the Seward planning and zoning commission, the city clerk shall
schedule an appeal hearing to be held within 30 days. All parties to the action or determination
being appealed shall be provided with written notice not less than 15 days prior to the appeal
hearing. Notice of the appeal hearing shall also be published in the manner provided for
publishing notice of public hearings in section 15.01.040(a).
(b) An appeal hearing conducted by the board of adjustment shall be on the basis of the record
established before the commission and the record on appeal. The agency hearing an appeal may
allow for oral presentations by the administration and the appellant. A time limit may be
established for said presentations.
(c) The hearing, and any reconvenings thereof, shall be open to the public; however, the hearing
agency may vote to recess to a closed, executive session, in order to deliberate and prepare its
findings of facts and conclusions of law; provided that final action shall be voted upon in open
seSSIOn.
(d) No new evidence shall be received or considered by the board of adjustment hearing an
appeal. Appeals alleging new evidence or changed circumstances shall not be heard by the board
of adjustment but shall be remanded forthwith by the city clerk to the commission, which shall
determine whether to rehear the matter.
(Ord. 626, ~ 3, 1989; Ord. 94-41)
15.10.420. Record of appeal.
(a) The record of appeal shall be prepared by the city clerk and provided to the hearing agency
not less than five days prior to the hearing, and shall consist of the following:
(1) A verbatim transcript of the prior proceedings from which the appeal has been taken, if
those proceedings were taped or otherwise recorded, or if the proceedings were not recorded,
copies of any approved minutes, swnmaries or other records of the proceedings;
(2) Copies of all memoranda. exhibits, correspondence, recommendations, analyses, maps,
drawings, and other documents or exhibits submitted prior to the decision from which the appeal
is taken;
(3) A copy of all prior written actions, determinations and decisions, including findings and
conclusions;
(4) A list of the names and addresses of all persons appearing as witnesses at prior hearings;
and
(5) Any written statements filed pursuant to section 15.10.425.
(b) The record of appeal shall be made available for public inspection in the clerk's office not
less than five days prior to the hearing date. .
(Ord. 626, ~ 3, 1989)
15.10.425. Appellant's written statement.
(a) An appellant may file a written statement summarizing the facts and setting forth pertinent
points and authorities in support of the points contained in the notice of appeal if such statement
is filed not less than seven days prior to the date set for the appeal hearing.
Page 3 of 4
Zoning Violatioo, Jerry Waliczcr, Lot 8, BIoc:k 3, Oeeanview Subd.
/3
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(b) The administration and any interested party wishing to file a mitten statement in rebuttal to
the appeal may do so if such statement is filed not less than two days prior to the appeal hearing
date.
(Ord. 626, ~ 3, 1989)
15.10.430. Findings and conclusions.
(a) Within 60 days following the filing of an appeal, the body hearing the appeal shall issue its
decision in the form of mitten findings of fact and conclusions of law.
(b) The findings of fact and conclusions of law shall reference specific evidence in the record
and the controlling sections of this chapter. The board of adjustment may affirm, modify, vacate,
set aside or reverse any decision brought before it for review, and may remand the case and
direct the entry of such appropriate order, or require further proceedings to be had as may be just
under the circumstances.
(c) Upon express vote, the body hearing the appeal may adopt as its statement of fmdings and
conclusions those findings and conclusions officially adopted by the body below from which the
appeal was taken.
(d) The findings of fact and conclusions of law shall be signed by the presiding officer and filed
with the clerk, wbo shall promptly mail a copy to the appellant.
(Ord. 626, ~ 3, 1989; Ord. 641, 1991)"
If staff can be of any further assistance with this activity, please don't hesitate to call, 224-4065
or email mbrown@cityofseward.net.
Sincerely,
I$~,.xf/'~
.-
Malcolm G. Brown
Planner
City of Seward, Alaska
Sent by Certified Mail, February 9, 2006
Encl: Seward City Code, 15.10.225 Land Uses Allowed Table
Cc: Clark Corbridge, City Manager
City Clerk, Business License file
Community Development File
Page 4 of 4
Zoning Vio1ation, Jerry Waliezer. Lot 8, BlocIc 3, Oceanview Subd.
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Subject Property
Lot ~ Block 3
Oceanview Subdivision
A portion of the current.
Zoning Map
10
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Lot 8. Block 3
Oceanview Subdivision
Land Use Map
CITY OF SEWARD
PO Box 167
Seward AK, 99664
Sheet 1 of 3
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'the CIty" ofs.w.d Ind ~ Map ~",.aumt no rupondltIly far InY DrisIIonI, inaCCIOda arGlherenvrslhl1 may uast.
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Table 15.10.225. Land Uses Allowed
KEY:
0- Use Permitted Outright
H - Home Occupation
C - Use Requires Conditional Use Permit
P - Use Requires Administrative Permit
Blank - Use Prohibited
.....
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Zoning districts: Residenti!J,l Commercial Public
Uses RR Rl R2 R3 UR OR AC HC CB I RM INS P
Accessory Building 0 0 0 0 0 0 0 0 0 0 0 0 0
Adult entertainment INTENTIONALLY LEFT BLANK
Agency, i.e., travel, insurance, title, real estate, etc. 0 0 0
Agriculture 0
Airport and related services 0 C
Amusement or recreation facility 0 0
Animal shelter 0
Antenna, personal TV, satellite dish 0 0 0 0 0 0 0 0 0 0 0 0
Art gallery 0 0 0
Assemblages, temporary large, Le., circus, fair P P P P P P
Attraction, permanent major visitor . C C C C
Auditorium 0 0 0
Auto repair, i.e., mechanic, glass body, upholstery C 0
Auto service/gas station 0 0 0
Auto/RV sales and rentals 0 0 0
Boat sales 0 0 0 0
Boat, commercial building/fabrication 0 0
Boat, harbor/marina C C C C C
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Zoning districts: Residential Commercial / Public
Uses RR RI R2 R3 UR OR AC HC CB I RM INS P
Boat, repair and maintenance 0 0 0 C
Boat, storage commercial 0 0 0 0
Bulk material, i.e., concrete, gravel, sand, asphalt C C
Business, marine retail sales and service 0 0 0 0 0
Business, package liquor 0 0 0
Business, retail sales and service 0 0 0 0
Business, retail sales and service, industrial 0
Campground, camper park, RV park CIP CIP CIP CIP CIP
Campground, employee . CIP
Carlboat wash 0 0 0
Cemetery 0 C 0
Center, community/civic C 0 C C
Center, mariner's 0 0 0 0
Center, senior or teen C C C 0 0 C C
Child care, licensed center C 0 0 0 C
Child care, licensed home 0 0 0 C 0 0 0 0 0
Church C C C C C C 0 0
Clinic, medical 0 0 0 0 0
Clubs, fraternalllodgeslsociallveterans C 0 0 C
Cluster subdivision C C C
Communications, commercial satellite dishes, tow- 0 0 0 0 0
ers, poles, and antennas less than 3 meter (I5 feet)
diameter or 75 feet in height
. Communications, commercial satellite dishes, tow- 0 C C
ers, poles, and antennas 3 meter (I5 feet) diameter
or greater than 75 feet in height
Correctional/prison facility C C C C
Crematory C 0
)/.
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Zoning districts: Residential Commercial Public
Uses RR Rl R2 R3 VR OR AC HC CB I RM INS P
Docks/wharves, industrial cargo . 0 0 C C
Dock, passenger 0 0 0 0 0
Drinking establishment, Le., bar, nightclub, lounge C C C
Drive-in facility-fast food, banking, ete. 0 C C
Dwelling, apartment in a commercial building (lim- O 0 0 0 0 0
ited to one unit)
Dwelling, apartment in a commercial building (two 0 0 C
or more units)
Dwelling, apartment, mother-in-law or accessory 0 0 0 0 0 0 0
Dwelling, attached single-family, i.e., townhouse, C C C C C
row
Dwelling, condominium C C C C C C
Dwelling, detached single-family 0 0 0 0 0 0 0 0
Dwelling, group home 0 0 0 0 0 0 0
Dwelling, guest house 0 0 0
Dwelling, multi-family (3 or more units) C C C C C C
Dwelling, two-family or duplex 0 0 0 0 0 0
Dwelling, watchman or caretaker 0
Emergency services, publvol; i.e., fire. ambulance, C C C C C 0 C 0 0 0
rescue
Financial institution, i.e., bank, S&L C 0 0
Flea market, open air retail other than occasional C C
Fuels, bulk storage and sales C
Golf Course 0 0 C
Golf driving range 0 0 0 0 C
Greenhouse/nursery commercial 0 0 0
....
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ZoniTUt Districts Princi rJally Residential Prineiz ally Com17ll!rcial Prineioally Public
RR Rl R2 R3 UR OR AC HC CB I RM INS P
Grocerv. convenience store C C 0 0 0
Grocery; sunermarket, foodmart 0 0
Health club 0 0 0
Home occunation 0 0 0 0 0 0 0 0
Hosllital C C
House rental on a ni...htly basis p p p p P
Housing, bunkhouse C C C
Housing, dormitorY 0 0
Housing, nursing, retirement, C C C
convalescent .
Kennel, commercial, musher or INTENTIONALLY LEFT BLANK
fancier
Laundry, dry cleani= 0 C 0 0
Librarv 0 0 0 0
Livestock p p
Lodging, B&B, rooms, dupieI and HIP HIP HIP HIP HIP OIP OIP OIP
accessory anartment
LodlZiwl, hostel p p p p
,hotel motel, lad...., inn C 0 C C
Lodging, multi-family dwelling p P P P P P
a t
Lumber yardlbuildiwr sunnlv C 0 C
Manufacturin...-noxious, heavy C
Manufacturing, light fabrication, C 0
assembly
Merchant, transient 0 0 0 0
Mobile homeJi8rl[ CIP
Mobile home, residential, not in INTENTIONALLY LEFT BLANK
nark
Mobile home sales 0 0
Mobile medical unit 0
Mortuar:Ylfuneral home 0 0 0
Museum 0 0 0 0 0
Office. boat charter ll"Uide 0 0 0 0 0 0
Office, business or urofessionsl 0 0 0 0 0
Office, government/quasi-govern- 0 0 0 0 0 0 0
moot administration
Office, mobileltemporary on con- P P P P P P P P P P P P P
struction site
Office, home, professional 0
....
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Zoning Districts Princi ally Residential Principally Commercial Principally Public
RR Rl R2 R3 UR OR AC HC CB I RM INS P
Parkim!: lot 0 0 0 0 0 0 0 0 0 0
Personal services, i.e., beauty, 0 0 0
shoe, tailor
Planned unit develoDment C C C C
Plawround, DubUc tot lot 0 0 0 0 0 0 0 0 0 0 0
Railroad C C C C
Recreation, commercial indoor, 0 0 0 C
i.e., bowling, skatine:
Recreation, outdoor, i.e., miniaw 0 e c e
ture l!Olf
Recreation, sh e e e c
Recyclirur center C e 0
Recycling, self-service drop-off 0 0 0 0 0 0 0 0
noint
Repair service, i.8., large appli- e e 0
ance
Resource extraction, commercial e e e
subsurface, i.e., minim!:
Resource extraction, commercial e e e
surface. i.e., l!1'8vel
Resource extraction, commercial e e e e e e e e e e e
timber harvestine:
Restaurant, food service, cater- 0 0 0 0 0
lirur
Roomimr or boardine: house OIP e OIP OIP
Salvage-auto, wrecking, scrap, e
liunkv;ro
Sawmill or lumbermill e
School, coll8ll8 e e 0
School, publio'private elementaIyl e e c e e e e e
secondarv
School. vocational C 0 0 0 0
Seafood processing, i.e., canning, e C e
ren~
Shop, i.e., welding, sheetmetaI, e e 0
machine, steeI fab.
Shop, i.e., wood, signs, cabinet, e C 0 e 0
uDholsterv
Shopping center (mall) e C
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Zoning Districts Prind ally Residential Prinei allv Commercial PrinciDallv Public
RR RI R2 R3 UR OR AC He CB I RM INS P
Solid waste disposal, i.e., baler, C C C
transfer landfill
Storlll'[e container 0 0 0 0 0 0 0 0 0 0 0 C
Storlll'[e, explosives p
Storage, outdoor, yard, materiaV C 0 0 C
eauiument
Storlll'[e, self service 0 0 0
Storage, warehouse and distribu- 0 0 C 0 C
tion
Studio, radioltelevision C 0 0 0 0 C
Tanks, aboveground associated C C C 0
with service station
Taxidermy 0 0 0 0
Terminal, i.e. bus. truck, freiJ(ht 0 C 0 C
Terminal, marinelboat passen- 0 C 0 0 C
1JWl'
Theater, concert, movie 0 0 0
'lbollequipment rental 0 0
Trailer, temporary office C
Utility facility, public electric, wa- C C C C C C 0 0 0 0 0 0
ter, sewer etc.
Vehicle impound lot 0 0
Vending machine renair. stonure C C C
Veterinary hospital C C C
(Ord. 94-25: Ord. 95-13; Ord. 95-17; Ord. 96-05; Ord. 96-10; Ord. 96-16; Ord, 97-13; Ord. 98-06; Ord. 98-09; Ord. 99-01: Ord. 99-13,
~ 2, 1999; Ord. No. 99-10: Ord. 2000-12; Ord. 2001-03; Ord. 2003-08)
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PLANNING AND LAND USE REGULATIONS
15.10.140
primary building on the property; and the unit is located outside any setbacks. Railroad box
cars are excluded except in the Industrial Zone. There are no grandfathered uses. (See
accessory uselbuilding, building, and structure.)
J{ Storage, outdoor. The commercial keeping, in an unroofed area and usually enclosed by a ~
, fence, of any goods, junk, material, merchandise or vehicles in the same place for an extended ~
period of time. In the harbor commercial area, the use is limited to the storage of boats only.
Storage, self service. A building or group of buildings consisting of individual, small,
self-contained units that are leased or owned for storage of business and household goods or
contractors' supplies. Includes mini warehouses.
Storage, wareJwuse and distribution. A building used primarily for the storage and
distribution of goods, products, materials, supplies and equipment, but excluding bulk storage
of materials that are flammable or explosive or that create hazardous or commonly recognized
offensive conditions.
-
Street. A dedicated public way which affords the principal means of access to abutting
property, such as an avenue, place, drive, boulevard, highway or other similar public
thoroughfare, except an alley as defined herein.
Structure. Anything constructed or erected on the ground or attached to something having
location on the ground, including, but not limited to, buildings, towers, and sheds. Fences,
retraining walls less than three feet in height signs and similar improvements of a minor
character are excluded.
Surface, durable. Means brick, flag-type stone, gravel, cement, or asphalt.
Thmporary structure. A structure without any foundation or footings and that is removed
when the designated time period, activity or use for which the temporary structure was erected
has ceased.
Trailer. A structure standing on wheels, towed or hauled by another vehicle and used for
carrying materials, goods or objects or as a temporary office or business.
7ransient merchant. Any person, partnership, firm. or corporation, whether a resident of the
. city or not, who engages in a temporary business, within a period not exceeding 150
consecutive days in a calendar year, of selling and delivering goods and/or services, wares and
merchandise for profit or non-profit within the city by operating on a door-to-door, street comer
or similar basis; or from no fixed location or office; or from a location out-of-doors or in quarters
that are easily moveable, such as a temporary leased area or space, motor vehicle, trailer or
tent. Includes peddlers, solicitors, itinerant merchants and vendors. Does not include vehicles
for hire.
--
Utility, public {acility. An installation owned by an agency under public franchise or
ownership, or under certificate of convenience and necessity, providing the public with
electricity, gas, heat, steam, communication, water, sewage collection or other similar service.
Supplement No. 05-1
15-23
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Office of the City Clerk
City of Seward
410 Adams Street
P.O. Box 167
Seward, Alaska 99664
RECEIVED
FEB '1 5 2006
OFFICE OF THE
CITY CLERK
,
f\N AtMINlS-ne.ATlV I:.. OffiCI A L
APPLICA!ION TO APPEAL A PI. A N.NINC AM~ ZONiNG. @
€OMMISSION DECISION (SCC ~ 15.10.410 & SCC ~15.10.415)
APPLICANT NAME: ::Te (' '(' J Wet 1/ -e z e c
APPLICANT ADDRESS:Jd Y '7 ~ ~ ~ wa.1f J.
DESCRIPTION OF THE ACTION OR DETERMINATlON FROM WHICH THE
APPEAL I SOUGHT:
\J; I
, Y'l ~
VI 1-c>../lOLtled
ZONING CODE APPEAL FILING FEE IS $300.00 (Resolution 97-003)
Pursuant to Seward City Code (SCe) ~15.10.410 (C) an appeal of a decision of the
administrative official or the Seward planning and zoning commission must be fIled within
ten days of the action or determination being appealed. An appeal of a decision of the
board of adjustment must be fIled within thirty days of the action or determination being
appealed. Computation of the time period for filing an appelll shall commence with the
date on which the action or determination is mailed or delivered to the parties involved.
Any decision not appealed within these time limits shall become final.
SCC 15.10.410 (E) An application appealing actions and determinations of the
administrative official or the Seward planning and zoning commission shall be accompanied
by a filing fee as set by resolution oCthe council.
FOR OFFICE USE ONLY
RECEIVED BY CITY CLERK OFFICE X DATE: cP-!16/D(;
REVIEWED BY CITY PLANNER 0 DATE:
REVIEWED BY CITY MANAGER 0 DATE:
CD
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RECEIVED .
MAR 0 6 2006
OFFICE OF THE
CITY CLERK
.
March 6, 2006
Planning and Zoning Commissioner's
I am appealing the decision by City Administration,
Based on SCC Table 15.10.225 Land uses allowed.
The decision was incorrect and inconsistent with
Past and present interpretation as applied to others.
The due process and basic fairness of this action
undermines elements of the city code.
Jerry Waliezer
Seward Heavy Industrial Power
P.O. Box 789
Seward AK. 99664
:J-q
February 15,2005
City Council:
The following may surprise you if you have not dealt directly with our community
development department. I had heard that Seward's building permit process was difficult
but thought it must be isolated cases which were complex. I now believe if something as
simple as repairing a fence and upgrading a gate can be made so difficult I can only
imagine what people have gone through. If Seward is ever going to see economic
development this has got to change.
Sept 26 Accident V-Haul hits fence from City alley side.
Sept 30 Visit from insurance company - get estimate.
Oct 4 McKinley Fence rep looks at fence - estimate $2,190.
Oct 10 Forward estimate to insurance co.
Oct 12 Settle claim with insurance co.
Oct 13 McKinley Fence ready to repair fence. Discuss also upgrading gate.
Agree with Rich Lindstrom, owner of McKinley fence, upgrading gate $2,500. Not
including permits, I would be responsible, delays would cost additional due to separate
mobilize after A VTEC job.
Oct 14 Apply for permit, hand carry to all depts.
Oct 20 Turn in permit all signed to building dept.
53 days later....
Dec 12 Letter stating zoning violations. Parking is not allowed over 72 hours
Dec 15 Met with Malcolm:
I explained my business and the use of the lot. How it is used in conjunction with
zoning code. Business, marine retail sales & service, which is allowed outright. I
also questioned what code would not allow you to park a licensed vehicle for over
72 hrs on private property in any zone. I pointed out we have boats, trailers,
motor homes etc. parked all over town that do not move every 72 hrs. His
response was I could file a complaint if! would like to do so. In closing I asked
he reconsider his interpretation of the zoning violation and get back to me.
58 days more
Feb 11 Received certified letter stating zoning violations. "Boat storage,
commercial and Storage, outdoor, yard, material/equipment."
In the letter I am given thirty calender days, as per SCC 15.01.050
Enforcement and penalties: If violation is not corrected within the
aforementioned reasonable time the city manager shall notifY the city attorney,
who may initiate action to abate violation, including the filing of criminal charges
as necessary.
Feb 15 Filed appeal with city clerk
Jerry Waliezer
:50
3/212006
Paro Hump rey
PO Box SS
Seward AK 99 64
MAR 7 2006
CITY OF SEWARD
PLANNING OFFICE
To Planning and Zoning:
At the last City Council meeting it was said that building permits
were down by 50%, yet they want to create a temporary full time
position to help with back log.. ..what is wrong with this picture?
We have a new City Manager that has been in Seward for less than
2 years, a Community Development Director that lives in
Homer.. ...again I say - what is wrong with this picture?
The lot behind Bay City Motors was dump before it was purchased
by Seward Heavy Industrial Power. It is now clean and looks very
nice. The boats that are there are nice and neat and do not in any
way distract from the neighborhood. There are many areas in
Seward that need the attention of the City Administration far more
than this small lot. Ifthe City Manager had been here for more
than 2 years than maybe he would see just how much that lot has
improved.
Sincerely,
Pam Humphrey
3/
Message
Page 1 01'1
Donna Glenz
From: Scott Janke Dankew@bellsouth.net]
. Sent: Wednesday, March 08, 2006 9:10 AM
To: Donna Glenz
.subject: building pennit for Seward Heavy Industrial
319/06 - Verified by phone the
email was ~ ~,); Jerry King
:1.:Y2(?t-'j
March 8, 2006
re: building permit for Jerry Waliezer, Seward Heavy Industrial
Dear Commissioners,
I am writing this letter in support of Seward Heavy Industrial's desire to be issued a building pennit and continuing his marine
repair services.
I've done business with SHI for many years and they are operating a first class marine sales and service operation that is an
indispensable asset to our harbor. The operation of a marine sales and services operation is an outright allowed use in the
Central Business District. Any reasonable person would assume that to work on boats you also would have the implied right to
park these vessels on your private property both before, during and after the process of repairing them. Therefore the parking of
boats is a use that is allowed outright in the central business district.
If SHI went into the boat storage business, I many view things differently. However, my boat has been parked at SHI many times
for service and I have never been charged for storage.
If a merchant is not charging for boat storage he is clearly and indisputably not in the boat storage business.
As a nearby business owner I very much appreciate the way that Mr. Waliezer has cleaned up a terrible mess that was full of
zoning violations and upgraded and fenced the property.
Why would the City want to require a business to continue to operate with a broken fence? Who would gain? I applaud SHI for
applying for a pennit when most people would simply have fixed their fence without a pennit.
I urge you to approve the application and let everyone get back to more productive endeavors.
~espectfully submitted,
. krry F. King, owner/operator
Harborview Inn
P.O. Box 1305
Seward, AK 99664
907-491-1740 cell
3d.-
~/llnon",
Sharyl Seese
POBox 337
Sevvard,AJ(.99664
March 9, 2006
City of Sevvard
Planning & Zoning
POBox 167
Sevvard,AJ(.99664
I vvould like to comment on the property located on the comer of 4th Ave and D Street.
Just a couple of years ago this lot had junk cars, travel trailers, pickup campers (some occupied year round),
Uhaul trailers and boats. When it vvas purchased by Cindy Waliezer, DBA Port Investments, the property
vvas cleaned up. I drive 4th Ave from VanBuren Street to post office dam near every day and I vvould like to
say that it looks so much better than before.
All the boats parked in this lot until they can be vvorked on by Sevvard Heavy Industrial Povver should not be
a problem. One of Sevvard's main trades is boating of some sort and they need to have repair vvork done.
Instead of having them parked in the ovvners yard or in front of their homes on the side of the road, most
everyone I have talked to vvould rather have them in a fenced lot.
Sincerely,
~~
Sharyl Seese
33
ADMINISTRATIV~eEAL TO THE PLANNING & ZOJ.G COMMISSION
February 24,2006
Jerry Waliezer
P.O. Box 789
Seward, Alaska 99664
NOTICE OF APPEAL HEARING
Dear Mr. Waliezer;
Your appeal application of a zoning violation decision by
the City Administration was received in the City Clerk's Office on February 15,
2006. Your application is timely, and appears to meet the purpose and
jurisdiction requirements of Title 15 of the Seward City Code. You are appealing
a decision by the Administration that there is a zoning violation occurring at the
below property.
DESCRIPTION OF PROPERTY
The legal description is; Lot 8, Block 3, Oceanview Subdivision or 1001 Fourth Avenue,
Seward, Alaska.
Your Appeal Hearing is scheduled for:
DATE:
TIME:
PLACE:
Tuesday, March 14,2006
7:30 p.Ol.
City Council Chambers, City Hall,
410 Adams Street, Seward, Alaska
Before the Seward Planning and Zoning Commission
WHOM:
This hearing will commence at the above date, time and place. Attached is a copy of
Title 15 of the Seward City Code. Please note 15.10.425, which addresses when your
written statement, as appellant, is due.
For more information you can contact the City Clerk's office by calling 224-4046 or by
emailingc1erk@citvofseward.net.
Sincerely,
,:7 I ,--, .,r
/'/y::: .' .~
;r,'7--~'}v
(f!ar:i.l&Wis
City Clerk
Cc: City Planner
City Attorney
City Manager
34
. "
ADMINISTRATIVE APPEAL TO THE PLANNING & ZONING COMMISSION
FeBruary 24, 29{)(j (Re-noticed March 6,2006)
Jerry Waliezer
P.O. Box 789
Seward, Alaska 99664
NOTICE OF APPEAL HEARING
Dear Mr. Waliezer;
Your appeal application of a zoning violation decision by
the City Administration was received in the City Clerk's Office on February 15,
2006. Your application is timely, and appears to meet the purpose and
jurisdiction requirements of Title 15 of the Seward City Code. You are appealing
a decision by the Administration that there is a zoning violation occurring at the
below property.
DESCRIPTION OF PROPERTY
The legal description is; Lot 8, Block 3, Oceanview Subdivision or 1001 Fourth Avenue,
Seward, Alaska.
Your Appeal Hearing is re-scheduled for:
DATE:
TIME:
PLACE:
Thursday, March 16,2006
6:30 p.m.
City Council Chambers, City Hall,
410 Adams Street, Seward, Alaska
Before the Seward Planning and Zoning Commission
WHOM:
This hearing will commence at the above date, time and place. Attached is a copy of
Title 15 of the Seward City Code. Please note 15.10.425, which addresses when your
written statement, as appellant, is due. (Now due Thursday, March 9)
For more information you can contact the City Clerk's office by calling 224-4046 or by
emailingc1erk@citvofseward.net.
Cc: City Planner
City Attorney
City Manager
35
March 6, 2006
I, Jerry Waliezer, do not object to the Planning and Zoning Appeal hearing being delayed
to provide the sufficient notice that is needed. I waive any rights to object to this delay
based on untimeliness or of any adverse outcome.
ATTESTED BY:
/'\
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SEWARD PLANNING & ZONING COMMISSION
PUBLIC NOTICE OF APPEAL HEARING
March 14, 2006
NOTICE IS HEREBY GIVEN that the Seward Planning and Zoning Commission will
conduct an appeal hearing on the following item of business at a meeting on March 14,
2006.
Administrative Appeal of an interpretation, determination or
enforcement taken under the Seward Zoning Code by the city
administration at 1001 Fourth Avenue, Lot 8, Block 3, Oceanview
Subdivision in the Central Business District.
The appeal hearing will commence at 7:30 p.m., or as soon thereafter as business permits,
in the City Council Chambers, City Hall, 410 Adams Street, Seward. All interested
persons are invited to attend the meeting and submit written comments no later than
12:00 noon, Friday, March 10,2006 to the Seward Planning and Zoning Commission, c/o
City Planner, PO Box 167, Seward, AK 99664, or e-mailed to
mbrown@cityofseward.net.
Please note: this appeal hearing is open to the public for viewing, but is not a public
hearing for citizen comments.
Sincerely,'
""'./ ~
'>"'-- /, . ";' \
-=-- 4!.' (-'Y>..1,A/~
i/.\ ~< ..."
;Wan Le~is, City Clerk
City of Seward, Alaska
37
CITY OF SEWARD
p.o. BOX 167
SEWARD. ALASKA 99664-0167
Yj!":';:i:<
. Main Office (907) 224-4050
. Police (907) 224-3338
. Harbor (907) 224-3138
. Fire (907) 224.344$
. City Clerk (907) 224.4046
. Engineering (907) 224-4049
. Utilities (907) 224-4050
. Fax (907)224-4038
PLEASE
BELOW DATE AND TIM! CHANGE
SEWARD PLANNING & ZONING COMMISSION
PUBLIC NOTICE OF APPEAL HEARING
March 16, 2006
NOTICE IS HEREBY GIVEN that the Seward Planning and Zoning Commission will
conduct an appeal hearing on the following item of business at a meeting on March 16,
2006.
Administrative Appeal of an interpretation, determination or
enforcement taken under the Seward Zoning Code by the city
administration at 1001 Fourth Avenue, Lot 8, Block 3, Oceanview
Subdivision in the Central Business District.
The appeal hearing will commence at 6:30 p.m., or as soon thereafter as business permits,
in the City Council Chambers, City Hall, 410 Adams Street, Seward. All interested
persons are invited to attend the meeting and submit written comments no later than
12:00 noon, Friday, March 10, 2006 to the Seward Planning and Zoning Commission, c/o
City Planner, PO Box 167, Seward, AK 99664, or e-mailed to
mbrown@cityofseward.net.
Please note: this appeal hearing is open to the public for viewing, but is not a public
hearing for citizen comments.
Sincerely,
Jean Lewis, City Clerk
City of Seward, Alaska
39
AFFIDAVIT OF MAILING
CITY OF SEWARD, ALASKA
PUBLIC HEARING NOTICE
Donna Glenz, upon oath, deposes and states:
That she is employed in the Community Development Office of the City of Seward,
Alaska; and that on March 6. 2006 she mailed a Notice of Public Hearing to the real
property owners within a 300 foot periphery of Lot 8. Block 3 Oceanview Subdivision.
1001 Fourth Avenue as prescribed by Seward City Code 15.01.040/16.01.015.
Affirmed and signed this 6th day of March 2006.
Donna Glenz
Planning Assistant
G:\COMMUNlTY DEVELOPMENT FOLDER\FORMATS - OONNA\PUBLlC HEARINGS\MAILING
AFFIDAVIT .DOC
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AFFIDAVIT OF POSTING
PUBLIC HEARING NOTICE
I. :r C':c ~ W "I.' ( < e ( . hereby certify that I have posted a
Notice of bhc Hearing, as prescribed by Seward City Code 9
15.01.040/16.01.015 on the property that has been petitioned for an Appeal
Hearing for a Zoning Violation Determination.
The notice was posted on March 6. 2006 which is 10 Days prior to the public
hearing on this petition. I acknowledge this Notice must be posted in plain
sight, maintained and displayed until all public hearings have been completed.
Affmned and signed this ~ day ,?f YVI c;( of , 2005
Legal Description
Lot 8, Block 3, Oceanview Subd.
G:\COMMUNITY DEVELOPMENT FOLDER\FORMA TS - DONNA\PUBLIC HEARINGS\AFFlDA VIT OF
POSTING.DOC
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U.S. Postal Service".1
CERTAFIED MAILTl.1 RECEIPT.
(Domestic Mail Only; No Insurance Coverage ,ded)
Poatoge $
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g Rotum Reciopt Fee
(EndorHlllent Recjuil8dl
CJ Restricted Delivery FH
~ (E_ Required)
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Ce_Fee
Poetmark
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SENDER: COMP~ETE THIS SECTION
. .
. . .
. Complete Items 1, 2, and 3. Also complete
Item 4 If Restricted Delivety is desired.
. Print your name and address on the reverse
80 that we can return the card to you,
. Attach this card to the back of themallpiece,
or on the front if space permits.
1. ArlIcIe Addressed to:
"- Signature
L.o+ 8, 81.t.k.3 o~ 1.1';:""
Jerry Waliezer
PO Box 789
Seward, AI( 99664
3. Ser)Ilee Type
2f CertIfted Mall 0 Express M,,"
o Reglstered 0 ReIum ReceIpt for Merchalldlse
o InllUI1Id M,," 0 C.O.D.
4. Restricted Delivery? /&tnI Fee) 0 Yes
. 2. Artlde Number
(rnmsfer from ~ label)
, p$ Form 3811, February 2004
7003 1680 ODDS 6627 0629
Don-uc A8I\Iffi RiIceipf
1 tI2585-02-M-1540
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