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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- ~~~~,'-'.~>' " ,. ~-<,,, '/'