18.104.070 Procedures for highway project variances.
A. Generally. The Planning Commission may allow a departure from the numerical standards of this title pertaining to the size of yards and open space areas, building height and size, lot area, number and location of off-street parking spaces and loading areas, and other matters. Highway project variances must be a direct result of right-of-way acquisition.
B. Application for a Highway Project Variance.
1. An applicant for a highway project variance shall complete and submit an application form provided by the Borough. The applicant shall be the owner of the property described in the application, the contract purchaser, the holder of an option to purchase, or a person who possesses a substantial proprietary interest, or an entity with public interest in said property. The written consent of the owner or holder of a security interest in the property shall not be required as part of the application. If the highway project variance is granted, written consent of the property owner or authorized representative having power of attorney shall be required as a condition of approval;
2. An application for highway project variance shall be evaluated by the following criteria:
a. Whether special conditions exist which are peculiar to the property involved and which are not applicable to other property in the same zoning district, and
b. Whether strict interpretation of this title would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district;
3. The application shall include the following information:
a. The legal and common description of the property on which the highway project variance is to be considered,
b. The type of variance requested, amount requested, and the reasons for the request,
c. The property’s present zoning classification,
d. A site plan showing:
i. The subject property and its dimensions,
ii. Structures before and after right-of-way take and distances of structures from all property lines including old and new right-of-way lines,
e. Amount of right-of-way take from the subject lot,
f. Amount remaining to the subject lot after right-of-way take,
g. Letter from Alaska Department of Environmental Conservation specific to each lot, with conditions, if applicable, regarding development suitability.
C. Hearing and Decision Process.
1. Variance Requests Not Greater Than 10 Percent. If the Director of Community Planning determines no extraordinary circumstances exist, highway project variances which depart from the numerical standards of this title by not greater than 10 percent shall appear on the consent agenda of the Planning Commission. Affected property owners may address the variance application during the citizen’s comments portion of the agenda. The Planning Commission may remove the item from the consent agenda and may approve, approve with conditions, or deny the highway project variance. The Planning Commission may also refer the application to a full review including public hearing in accordance with procedures outlined for highway project variances greater than 10 percent.
If the Director of Community Planning determines extraordinary circumstances do exist, the highway project variance will appear as a regular agenda item scheduled for public hearing in accordance with procedures outlined for highway project variance greater than 10 percent.
2. Variance Requests Greater Than 10 Percent. Departures of greater than 10 percent from the numerical standards shall be considered by the Planning Commission in a quasi-judicial hearing.
D. The Planning Commission shall also consider and adopt findings of fact in each of the following:
1. Whether the proposed variance conforms to the intent and purpose of this title and of other ordinances and Alaska Statutes;
2. Whether the denial of the proposed variance will deprive the property owner of the use of property in a manner similar to the use permitted to be made by the owners of property in the immediate area; and
3. Whether the proposed variance will adversely affect the public health, safety, and welfare, traffic or parking conditions, or increase the danger of fire.
The Planning Commission may approve or deny a highway project variance request or approve the request with conditions. (Ord. 2014-43 §§ 8, 9, 2014; Ord. 92-023 § 2, 1992. 2004 Code § 18.54.045.)