HomeMy WebLinkAboutRes1996-006
Sponsored by Staff
CITY OF SEWARD, ALASKA
PLANNING AND ZONING COMMISSION
RESOLUTION NO. 26:.06
A RESOLUTION OF THE SEWARD PLANNING AND ZONING
COMMISSION, GRANTING A CONDITIONAL USE PERMIT TO SAMANTHA AND
JEFF OVENDEN TO ALLOW LIVESTOCK IN A RURAL RESIDENTIAL DISTRICT
AS AUTHORIZED BY ~ 15.10.225 OF THE SEWARD ZONING CODE
WHEREAS, Samantha and Jeff Ovenden have requested a Conditional Use Permit to
allow a horse on Lot KK, Forest Acres Subdivision;
WHEREAS, an application for a Conditional Use Permit was submitted and received on
May 18, 1996; and
WHEREAS, Lot KK, Forest Acres Subdivision is zoned RR, Rural Residential District;
and
WHEREAS, in accordance with the Land Uses Allowed Table, livestock/farm animal is
permitted on lots > 20,OOOsqft in the Rural Residential District by Conditional Use Permit; and
WHEREAS, a duly advertised public hearing, meeting the requirements of SCC Section
~ 15.01.040 was held by the Commission on June 5, 1996;
NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning
Commission that:
Section 1. In accordance with SCC ~ 26.20.320 (D), the Planning and Zoning
Commission has reviewed the applicant's request for a Conditional Use Permit (CUP) to allow
a horse on Lot KK, Forest Acres Subdivision and made the following Findings of Fact:
1. The use is consistent with the pUl:pose of this chapter and the pUl:poses of the
zoning district:
a. Desillnatinll. rellulatinll and restrictinll the location and use of buildinllS.
structures and land for residence. commerce. trade. industry or other pm:pose. The proposed use
is within an area designated as Rural Residential District and is an allowable use with a CUP
granted.
b. RellUlatin~ and limitinll the heillht. number of stories and size of buildinlls
and other structures hereinafter erected. or alterations of existinll buildin~s. Elevations were not
Seward Planning and Zoning Commission
Resolution No. ~
provided. In accordance with the development requirements which specify maximum height
of accessory buildings, the barn height may not exceed the 20ft allowed.
c. Re~latinli and determininli the size of yards and other open spaces. The
site plan submitted did not delineate the location of the barn or corral in relation to the
property lines. All required setbacks must be maintained. A revised "dimensioned" site plan
should be submitted showing the proposed improvements, drainage plan and manure storage
pile.
d. Re~latinli and limitinli the density of population. Not applicable since no
additional dwelling units are proposed.
e. Conservinli and stabilizinli the value of property. The CUP process exists
so that negative impacts can be lessened or mitigated protecting the value of neighborhood
properties. Horses have been evident in the neighborhood for many years, but as their
population and human development increases some standards must be realized to insure
their coexistence remains harmonious.
f. Providinli adequate open spaces for liliht and air. and to prevent and filiht
~. The footprints of the buildings are small in relation to the size of the site leaving
adequate open space for light and air.
g. Preventinli undue concentration of population. See I.d. above.
h. Lesseninli conliestion on streets and hilihways. The addition of a horse,
barn and corral should not affect congestion on streets and highways.
2. The value of adioininli property will not be silinificantly impaired. Refer to I.e.
3. The proposed use is in harmony with the Seward Comprehensive Plan. No
references to the keeping of livestock or horses were found in the plan. However, two of the
six purposes of the plan were 1) the preservation and enhancement ofthe town's best features
and 2) maintenance of health and safety of residents and visitors.
One of the Seward's best features is its diversity and small town atmosphere. The
desire to maintain a small town atmosphere was echoed in the Seward Partnership meetings
held in 1994. Allowing horses in residential districts with larger lots is commonly seen in
smaller towns and is, based on existing uses, believed desired by the community.
The requirements noted in the staff analysis address the second item from the plan
allowing residents the benefits of keeping livestock while maintaining the health and safety
2
Seward Planning and Zoning Commission
Resolution No. 26=QQ
of residents and visitors. Therefore, the proposed use is believed in harmony with the
Seward Comprehensive Plan.
4. Public Services and facilities are adeQJlate to serve the pro-posed site. The property
is served by all city utilities, and the police, fire and refuse disposal services are available.
5. The pro'posed use will not be harmful to the public safety. health or welfare. Refer
to 3.
Section 2. Based on the Findings of Fact specified in Section 1, the Planning and
Zoning Commission authorizes the City Clerk to issue a Conditional Use Permit to Samantha and
Jeff Ovenden to allow a horse on Lot KK, Forest Acres Subdivision, subject to the following
conditions:
1. An approved CUP expires six months after approval if no building permit is
procured or if the allowed use is not initiated. The commission may grant time extensions not to
exceed six months each upon a finding that circumstances have not changed sufficiently to warrant
reconsideration of the approval of the conditional use permit. A public hearing is not required
to grant an extension.
2. An approved CUP shall authorize only the particular use specified in the permit and
shall automatically expire if, for any reason, the permitted use shall cease for more than one year.
3. The approved CUP shall be transferable only if and when the transferee signs a
form provided by the city acknowledging that the transferee is bound by all terms and conditions
of the prior approval and permit.
4. The applicant is allowed one horse on the site as requested.
5. The manure storage pile must be located at least 25ft from any property line.
6. The corral and fence must be located outside the required setbacks.
7. Improvements within any easement must have prior approval of the City of Seward,
Engineering and Utility Department.
8. The proposed barn height may not exceed 20ft.
9. If an electric fence is installed, it must be permanently wired meeting all current
National Electric Code with adequate markings to warn visitors or trespassers. The electrical
fence equipment must be third party certified, i.e. UL (Underwriters Laboratory), ETL or ETI.
3
Seward Planning and Zoning Commission
Resolution No. 2Q::QQ
11. The following items must be submitted by the applicant and approved by the City
of Seward, Community Development Department:
a. a revised "dimensioned" site plan or "as built" survey noting location and
size of proposed improvements including manure storage pile and drainage plan for storage pile
and corral; and
b. a manure disposal plan.
12. Manure must be stored in a closed container.
Section 3. This resolution shall take effect immediately upon its adoption.
PASSED AND APPROVED by the Seward Planning and Zoning Commission this 5th
day of June, 1996.
THE CITY OF SEWARD, ALASKA
~ ak~ -
Bla& Bardarson, Chairman
AYES:
NOES:
ABSENT:
ABSTAIN:
Bardarson, Carpenter, Castellina, Clark, Niebrugge
None
Kincheloe
Skibeness
ATTEST:
(City Seal)
~\\'\l..nU,gll
~~... -{ Of t?t'l.~'b~;.
~ ~~ ~.,~Uh\!<..,,\ ,t.rJ ,~
..~ ,', '. ,"./''', .-:; "
'-' ~,"'...I, ::0 ","',r (", F "'i. ."
tl.,,;~j <,. " '1.,.:~:\':~.-I ~
~ ,"v.".",,,,,,... . .,.'~ ..
- : - '\....;-
=-i f~ .~' ': =
:: ~ .1 :?J!;::
c:'f "" " ..
...~ . " ..
~ r:..Vf ,-
':'~ <.:.ti\\{'/'J~ ,.. 4 ..:
~;. ,({__o..'<,,: '?"/W-
~~~~,'-'.~>' " ,. ~-<,,,
'/'