HomeMy WebLinkAboutRes2010-014 Sponsored by: Staff
CITY OF SEWARD, ALASKA
lbw PLANNING AND ZONING COMMISSION
RESOLUTION 2010 -14
A RESOLUTION OF THE SEWARD PLANNING AND ZONING
COMMISSION, GRANTING A VARIANCE FROM SEWARD CITY CODE
15.10.245(e)(4)(a) WIND ENERGY CONVERSION SYSTEMS (WECS), TO
ALLOW THE PLACEMENT OF THE WECS STRUCTURE WITHIN THE
NORTH AND EAST 1.1 SETBACK DEVELOPMENT REQUIREMENT ON
LOT 2, BLOCK 1, LEIRER INDUSTRIAL SUBDIVISION, 1904 ALAMEDA
STREET, WITHIN THE INDUSTRIAL ZONING DISTRICT
WHEREAS, STG, Inc, representing Alaska Institution of Technology (AVTEC) has applied to
the Seward Planning and Zoning Commission for a zoning variance from Seward City Code
(SCC) §15.10.245(e)(4)(a) Wind Energy Conversion Systems (WECS), to allow the placement of a
WECS structure within the North and East 1.1 setback development requirement; and
WHEREAS, the applicant leases Lot 2, Block 1, Leirer Industrial Subdivision along with
several adjacent lots to the North and one to the West across Alameda Street; and
WHEREAS, the City recently adopted Ordinance 2010 -004 which established the zoning and
development requirements for WECS within the City; and
WHEREAS, SCC §15.10.245(e)(4)(a) requires a 1.1 setback ratio based on the height of the
WECS being installed; and
WHEREAS, the applicant has noted the proposed WECS is approximately 133 feet in height
and requires 146.3 feet of setback from all property lines; and
WHEREAS, the selected location for the WECS on Lot 2, Block 1 Leirer Industrial Subdivision
provides a minimum of 146.3 feet to the West; a minimum 146.3 feet to the South; approximately
112.01 feet to the East; and approximately 54.10 to the North; and
WHEREAS, as required by Seward City Code § 15.01.040, Public Hearings, property owners
and lease holders within 300 feet of the requested variance parcel were notified of the proposed action,
and the property was posted with public notice signage.
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 all of
the following conditions have been found to exist prior to issuing a variance permit:
Seward Planning and Zoning Commission
Resolution 2010 -14
Page 2 of 5
1. The proposed action must be consistent with all of the general conditions required for a
conditional use permit. The project is consistent with all of the conditional use permit requirements
as follows:
A. The use is consistent with the purpose of this chapter and the purposes of the zoning
district.
Finding: This condition has been met.
The purpose of the Zoning Code is to promote public health, safety and general welfare
by providing for planning and land use regulations within the city. The parcel is located
within the Industrial Zoning District. According to the Zoning Code, Land Uses
Allowed Table, Wind Energy Conversion Systems (WECS) are allowed as outright uses
within the Industrial Zoning District. Recently adopted Seward City Code
15.10.245.WECS entails specific development requirements for each system.
B. The value of adjoining property will not be significantly impaired
Finding: There is no indication that the proposed WECS would significantly
impair the value of adjoining properties. The majority of the parcels within the Leirer
Industrial Subdivision are large lots generally larger than one acre in size. The applicant
holds a long term lease on the two parcels adjacent to North and owns the third parcel.
The applicant also holds a long term lease on the parcel to the West located across
Alameda Street. The parcel to the South is currently un -leased and owned by Leirer
Enterprises, LLC. The Alaska Railroad owns the 350 acre parcel adjacent to the East.
SCC§ 15.10.140(b) allows the placement of the accessory structure and use on an
adjacent parcel to the primary structure and use. The primary structure and use is
located on the parcel to the North known as Lot 1, Block 1 Leirer Industrial Subdivision
and contains the AVTEC Industrial Electricity Training Center.
C. The proposed use is in harmony with the Seward Comprehensive Plan.
Finding: This condition has been met.
The 2020 Comprehensive Plan supports and encourages development of the area around
the AVTEC industrial trades campus. Supports public institutions in their effort to
maintain, expand and develop. Support efforts to continuously improve the quality of
educational facilities and services.
D. Public Services and facilities are adequate to serve the proposed site.
Finding: This condition has been met.
Adequate water, sewer, and power are available to the property, as well as adequate
police, fire and solid waste disposal services. However the enjoyment of this variance
would not require any change or increase to the use of public water, sewer or power
utilities. The electric department has stated underground electric utilities are planned for
the existing 10 foot West utility easement and both the land owner and the lease holder
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have signed a restricted use letter which addresses future overhead electric and/or
Seward Planning and Zoning Commission
Resolution 2010 -14
Page 3 of 5
communication restrictions. At the time of this publication the public works director
had not responded with any concerns for the water, sewer or public streets department,
however no concerns were expressed during the City Project Meetings.
E. The proposed use will not be harmful to the public safety, health or welfare.
Finding: There is no indication that the proposed use of portions of the North and
East 1.1 required setback will be harmful to the public safety, health or welfare. The
parcel to the East is owned by the Alaska Railroad and the portion abutting the
applicants parcel contains undeveloped land, the coal storage pile and the equipment
used to load the coal ships. Fire Chief Dave Squires submitted comments requesting the
Alaska Railroad be made aware of this variance request. The Alaska Railroad has
received the public hearing notice, been contacted by the applicant and has submitted a
letter of non objection to the variance, which has been included with the variance
application. The parcel to the North is leased by the applicant and includes the required
primary structure of AVTEC Industrial Electricity Training Facility. The South corner
of the structure is approximately 125.35 feet from the WECS.
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 to the proposed use.
1. The applicant shall obtain a Seward Building Permit before construction.
2. The applicant shall maintain the WECS structure in good condition and complete
repairs promptly.
3. The applicant shall obtain all necessary Federal, State and local permits required for
the WECS.
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: This condition has been partially met.
The proposed site abuts, to the east, the large 350 acre parcel of the Alaska Railroad Reserve.
SCC§ 15.10.245(e)(4)(a) allows a lesser setback when a property line abuts a lake or pond. Although
the area to the east is not a lake or a pond the area immediately east of the proposed site does contain
undeveloped land and the large coal storage area of the Alaska Railroad. The location of this WECS is
dependent upon the already existing AVTEC Industrial Electricity Training Facility building located on
the adjacent lot to the North. There is no other Industrial Electricity Training Center in Seward or
parcels held by the applicant large enough to meet all setback requirements.
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3. The special conditions and circumstances were not caused by actions of the applicant.
Seward Planning and Zoning Commission
Resolution 2010 -14
Page 4 of 5
Finding: This condition has been partially met.
The applicant, AVTEC did develop the Industrial Electricity Training Center at the current location
many years ago. This facility has been used in the industrial training program and continues to be a
viable training center. In order to provide the training and education required to meet the demands for
renewable energy the AVTEC training facility is developing the only WECS training facility in the State
of Alaska. Due to the necessity of the proximity to the Industrial Electricity Training Center the
applicant is unable to locate the WECS elsewhere in the City.
4. Financial hardship or inconvenience shall not be a reason for granting a variance.
Finding: This condition has been met.
The reason for granting this variance is to support the development of the AVTEC educational training
facility and the State wide renewable energy uses. This training facility will benefit the community of
Seward and the State by providing the only training facility within the'S 1,e'of'Alaska!'No financial
gain or loss has been considered in this review.
5. Other nonconforming land uses or structures within the district shall not be considered as
grounds for granting a variance.
Finding: This condition has been met.
No nonconforming structures or uses were considered in this review. No other WECS are currently in
existence within the City.
6. The requested variance is the minimum variance necessary to permit the reasonable use of the
property. `•
Finding: This condition has been met.
The applicant has located the WECS on the parcel so as to meet the setback requirements of the West
and South property lines and is requesting the minimum variance from only the East and North property
lines.
7. The requested variance will not permit a land use in a district where the use is prohibited.
Finding: This condition has been met.
The property is zoned Industrial. The use of the property for the WECS is allowed as an outright use in
the Industrial Zoning District.
Section 2. The Planning and Zoning Commission finds the need for this variance is directly
related to the applicant's Industrial Electricity Training Facility building located on the adjacent lot to
the North, and therefore this variance will terminate upon any termination of the existing lease with the
land owner of either Lot 1 or 2, Block 1 Leirer Industrial Subdivision and the WECS shall be removed
by the lease holder prior to the final termination of the lease.
Section 3. The Planning and Zoning Commission further finds the need for this variance is
directly related to the applicant's WECS training program and therefore this variance shall terminate
Seward Planning and Zoning Commission
Resolution 2010 -14
Page 5 o f 5
upon the closure or nonuse of this WECS as a training program after a period of nonuse for 3 years and
the WECS shall be removed by the applicant.
Section 4. The Planning and Zoning Commission further finds the request meets the review
criteria required for granting a variance, and hereby approves the request for a variance from Seward
City Code (SCC)§ 15.10.245(e)(4)(a) Wind Energy Conservation System, to allow the installation and
use of the 133 foot WECS within the North and East 1.1 setback requirement on Lot 2, Block 1 Leirer
Industrial Subdivision subject to the conditions required in the Sections of this Resolution.
Section 4. This resolution shall take effect 10 days following its adoption.
PASSED AND APPROVED by the Seward Planning and Zoning Commission this 3" day of
November 2010.
THE CITY OF SEWARD, ALASKA
Sandie Roach', Chair
AYES: Heinrich, Ecklund, Morgan, Roach
NOES: None
ABSENT: DeMarco
ABSTAIN: None
VACANT: Two
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ATTEST: �
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