Seward planning commission approves fourplex on Phoenix Road with conditions

The Seward Planning and Zoning Commission voted 5-0 Tuesday to grant developer Phil Zimmerman a conditional use permit to build a fourplex at 2011 Phoenix Road.

"It would be 4 units, 2 one-bedroom units and 2 two-bedroom units," City Planner Courtney Bringhurst said. She said the project is similar to other fourplexes Zimmerman has built along Phoenix Road.

A conditional use permit allows a use the zone does not permit outright, as long as the owner meets conditions the commission sets. Bringhurst said these conditions "primarily mirror" what the city has required on past permits for multifamily buildings. Zimmerman must provide at least four off-street parking spaces. Trash must go in bear-resistant containers inside a three-sided enclosure with a roof. Landscaping must be finished within one year after the city issues a certificate of occupancy.

Zimmerman did not attend the meeting and was not on the phone. No one testified at the public hearing. Chair Clare Sullivan said, "I had questions for Mr. Zimmerman, but he's not here, so I guess I don't have any questions." She said her questions would not have decided whether the permit passed or failed.

Later the commission recommended code changes that would require an applicant or a representative to attend a permit hearing, in person or by phone. "As seen tonight, it is helpful to have the applicant here to ask those questions," Bringhurst said.

The same package would let buildings of three to five units go up without a conditional use permit in certain zoning districts. Those buildings would automatically have to meet landscaping, bear-resistant trash and parking requirements. Developments of six or more units would still need a permit.

Commissioners also added a review standard: whether an applicant has shown the ability and willingness to comply with permit conditions, based on their record with past city permits. The commissioner who proposed it said it gives the commission some enforcement without an enforcement officer. The changes now go to the Seward City Council.