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CITY OF SEWARD,ALASKA
PLANNING AND ZONING COMMISSION
RESOLUTION 2014-07
A RESOLUTION OF THE SEWARD PLANNING AND ZONING
COMMISSION OF THE CITY OF SEWARD, ALASKA, GRANTING A
VARIANCE FROM SEWARD CITY CODE 15.10.220 DEVELOPMENT
REQUIREMENTS TO SHORESIDE PETROLEUM,INC.,PERMITTING AN
EXCEPTION TO THE ZONING CODE MAXIMUM BUILDING HEIGHT
TO ALLOW FOUR(4)40 FOOT PETROLEUM STORAGE STRUCTURES
ON LOT 2, BLOCK 2, LEIRER INDUSTRIAL SUBDIVISION, LOCATED
BETWEEN ALAMEDA STREET AND LEIRER ROAD, WITHIN THE
INDUSTRIAL ZONING DISTRICT
WHEREAS, Shoreside Petroleum, Inc. has requested a variance to exceed the maximum
building height by six(6) feet, on four(4)fuel storage tanks, constructed on Lot 2,Block 2,Leirer
Industrial Subdivision within the Industrial Zoning District; and
WHEREAS, the maximum building height allowed by Seward City Code §15.10.220
Development Requirements is 34 feet; and
WHEREAS,Shoreside Petroleum,Inc.has requested the variance to construct four(4)fuel
storage tanks each with a total tank height of 40 feet; 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; and
WHEREAS, having complied with the public notification process; on May 6, 2014, the
Seward Planning and Zoning Commission held the required public hearing on the Variance
Application and filed the following findings of fact.
NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning
Commission that:
Section 1.
In accordance with 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 2014-07
Page 2 of 6
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 property is within the
Industrial Zoning District. According to the Zoning Code,Land Uses Allowed Table,Fuels,
bulk storage and sales is allowed with a conditional use permit in the Industrial Zoning
District. As identified in the Zoning Code§15.10.220,b.,the purpose of the building height
standard is to prevent loss of life or excessive property damage through the inability of the
City Fire Department to reach upper stories or roofs and to help maintain the character of
neighborhoods. Although the proposed structures by definition exceed the 34 foot building
height limit,the proposal does not increase the occupied work area or change the proposed
use of the property. The proposed use as a fuel storage facility is consistent with the purpose
of the Zoning Code and the Industrial Zoning District.
B. The value of adjoining property will not be significantly impaired.
Finding: This condition has been met.
The proposed storage tanks are to be located on an approximate 3.48 acre parcel that is
owned by Leirer Enterprises and has been leased to the applicant. All adjoining property is
zoned Industrial, owned by Leirer Enterprises and leased to various industrial users. The
parcels to the north contain several AVTEC Student Training Facility structures. Other
parcels nearby contain the AVTEC wind turbine,AT&T satellite station,boat repair business
and a storage facility. Further to the east lies the Alaska Railroad industrial and coal storage
area. To the west and northwest are the Alaska Railroad and Seward Highway Rights of
Way. The parcels to the south contain a storage facility and the parent company of this
expansion project, Shoreside Petroleum with several existing fuel storage tanks in place.
There is no indication the proposed structures will significantly impair the value of adjoining
industrial properties.
C. The proposed use is in harmony with the Seward Comprehensive Plan.
Finding: This condition has been met.
The Comprehensive Plan encourages development of land bordered by the Seward Highway,
Port Avenue,the coal transfer facility,and AVTEC industrial trades campus(3.1.1.2 bullet
1). Under both the economic development and land use goals of the Comprehensive Plan,
specific recommendations are made to continue efforts to develop industry and year round
employment in the industrial area of the community.
Seward Planning and Zoning Commission
Resolution 2014-07
Page 3 of 6
D. Public services and facilities are adequate to serve the proposed site.
Findings: This condition has been met.
According to the Seward Fire Chief, the proposed tank structures exceed the Seward Fire
Department's capability to reach the top the structure. These concerns are noted by the
Commission,and the applicant is aware of this situation. The Commission also recognizes
that the higher levels of the structure are not intended for human habitation. The proposed
structure height does not negatively impact existing road access for emergency services
vehicle response. The development proposes additional fire hydrants within 250 feet of the
tanks in order to improve fire response services at the site. The applicant is providing an on-
site fire suppression system. Other utilities are within the abutting developed public rights of
way. The Electric Department has requested the applicant start a job order to provide a
review of available power to meet the applicant's needs and work with the department to
meet all National Electric Safety Code (NESC) regulations. No additional requests or
comments were received from other City department heads.
E. The proposed use will not be harmful to the public safety, health or welfare.
Findings: This condition has been met.
To obtain a building permit issued by the City,the applicant is required to submit engineered
construction plans for review that meet the International Building Code as adopted by the
City Council. As required by City Code the structure shall meet all setbacks and zoning
requirements. The applicant has noted that the current plan includes fencing around the tank
containment dike only. When the site is fully developed, Shoreside would likely have
complete perimeter fencing with locked access gates. It does not appear the proposed 40 foot
height of the four (4) bulk storage tanks will 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 to the proposed use.
1. The applicant shall obtain a current Building Permit before construction begins
on the site.
2. The applicant shall obtain all necessary Federal,State and local permits required
for construction and operation.
3. Start a Job Order and work with the Electric Department to provide the required
electric power needs.
4. The applicant shall work with the City Electric Department to meet all the
National Electric Safety Code requirements.
,,.� 5. The applicant shall provide safety and security fencing for the project.
Seward Planning and Zoning Commission
Resolution 2014-07
Page 4 of 6
6. The applicant shall also obtain and adhere to a Conditional Use Permit as
required by Seward City Code §15.10.225; Land Uses Allowed Table.
7. The Planning and Zoning Commission may modify this variance permit if
changed uses no longer conform to the standards and legal requirements
justifying its present approval, or if the permittee applies for a modification to
meet a different or additional development plan that conforms to the standards
and legal requirements for approval of a variance.
8. Any proposed modification plan shall be subject to the public notice and public
hearing requirements of law, which shall occur only after payment of the filing
fee established by resolution of the city council.
9. Per Seward City Code§15.10.325.F.an approved variance permit shall lapse six
months from the date of approval if the variance for which the permit was issued
has not been implemented. The Commission may grant a six month extension
upon finding that circumstances have not changed sufficiently since the date of
initial permit approval.
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 finding has been met.
The existing special conditions and circumstances are in the dependency of the location of the fuel
storage tanks upon the already existing Shoreside Petroleum facility located to the South
approximately 600 feet. There are no other undeveloped parcels available in the area large enough to
meet the needs of the applicant. The height of storage tanks has been designed to meet the required
property setbacks and the International Fire Code separation requirements and still meet the
minimum storage volumes to support the community and the company's fueling needs.
3. The special conditions and circumstances were not caused by actions of the applicant.
Finding: This condition has been partially met.
The applicant, Shoreside Petroleum did develop the existing facility at the current location many
years ago. Due to the necessity of the proximity to the existing Shoreside terminal the applicant is
unable to locate the proposed storage tank facility elsewhere in the City.
4. Financial hardship or inconvenience shall not be a reason for granting a variance.
Finding: This finding has been met.
The requested height variance is to allow the storage tanks to exceed the maximum building height
by 6 feet. The height of the tanks has been designed to meet the fuel storage volumes needed to
support the community and the company's fueling needs and still meet the setback and fire
separation necessities of the City,State and Federal requirements. No financial gain or loss has been
considered in this review.
mai
Seward Planning and Zoning Commission
Resolution 2014-07
Page 5 of 6
5. No nonconforming land uses or structures within the district were considered as grounds
for granting the requested variance.
Finding: This condition has been met.
No nonconforming structures were considered in this review.
6. The requested variance is the minimum variance necessary to permit the reasonable use of
the property.
Finding: This condition has been met.
The requested height variance is to allow the storage tanks to exceed the maximum building height
by 6 feet. The height of the storage tanks has been designed to meet the fuel storage volumes needed
to support the community and the company's fueling needs and still meet the setback and fire
separation necessities of the City,State and Federal requirements. In order to provide for the proper
access for tank truck vehicles and emergency responders, the storage tanks have been sized at the
optimal diameter to fit the site location. Increasing the diameter to gain the required volume
minimizes the space available on the parcel.
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 located within the Industrial Zoning District. The proposed use of the property as a
bulk fuel storage facility is allowed by City Code as a conditionally permitted use in the Industrial
Zoning District,and therefore the requested building height variance will not permit a land use in a
district where the use is prohibited.
Section 2.
The Planning and Zoning Commission finds the request meets the review criteria required for
granting a zoning variance, and hereby grants the request to Shoreside Petroleum for a zoning
variance from Seward City Code (SCC) §15.10.220 DEVELOPMENT REQUIREMENTS, to
exceed the maximum building height allowed by six(6)feet for the construction of four(4)40 foot
tall petroleum storage structures, on Lot 2, Block 2, Leirer Industrial Subdivision, subject to all
conditions in Section 1, Subsection F. .
Section 3.
The Planning and Zoning Commission further 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 Section 15.10.325 Variances and authorizes the administration to issue a zoning
variance from Seward City Code (SCC) §15.10.220 DEVELOPMENT REQUIREMENTS, to
exceed the maximum building height allowed by six(6)feet for the construction of four(4)40 foot
tall petroleum storage structures. Additionally,the administration shall periodically confirm the use
conforms to the standards of its approval.
Seward Planning and Zoning Commission
Resolution 2014-07
Page 6 of 6 _I
Section 4.
In accordance with Seward City Code§15.10.325.E. this resolution shall take effect ten (10) days
after its adoption, provided it is not rescinded, amended or appealed.
PASSED AND APPROVED by the Seward Planning and Zoning Commission this 6th day of May
2014.
THE CITY OF SEWARD, ALASKA
AL-All r° 1 9
Indy ,
id, Chair
AYES: Edgar, Fleming, Coulter, McClure, Ecklund
NOES: None
ABSENT: None
ABSTAIN: None
VACANT: Two
ATTEST:
rt / i4_
Johanna Kinn",
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rCMC
City Clerk (City Seal)
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