Current through August 30, 2024
(a) A petition for a variance may be made to
the director. The petition must be supported by documents, maps, plans, and
other material providing the following information:
(1) name and address of the owner and
petitioner and, if the petitioner is not the owner, a statement that he has the
permission of the owner to petition and act as agent for the owner;
(2) legal description of the subject
land;
(3) a description of the
precise nature of the proposed use or structure for which the variance is
requested, and measures proposed to make it compatible with other properties in
the vicinity;
(4) a site plan
showing proposed development of the site, including topography, building or
structure locations, parking and access points, usable open space, landscaped
area, utilities and drainage features;
(5) any additional materials the director may
prescribe.
(b) Before
acting on a variance petition, the director shall consider the following
factors with respect to the requested variance:
(1) the relationship of the variance to other
existing or potential land uses or structures in the vicinity;
(2) the degree to which relief from the
strict or literal interpretation and enforcement of a specific section of this
chapter is necessary to achieve compatibility and uniformity of treatment among
sites in the vicinity, or to attain the objectives of this chapter without
grant of special privilege;
(3) any
other factors and criteria the director considers applicable to the
variance.
(c) The
director shall render a decision after complying with sec. 110 of this chapter
and shall make the following findings before the granting of a variance can
take place:
(1) that granting the variance
will not constitute a grant of special privilege inconsistent with the
limitations on other property classified in the same district;
(2) that the granting of the variance will
not be detrimental to the public health, safety, or welfare, or materially
injurious to property or improvements in the vicinity;
(3) that the variance is warranted for one or
more of the following reasons:
(A) that strict
interpretation and enforcement of the specified regulation would result in
practical difficulty or unnecessary physical hardship inconsistent with the
objectives of this chapter;
(B)
that the strict interpretation and enforcement of the specified regulation
would deprive the applicant of a privilege enjoyed by the owners of other
property in the same district;
(4) that special conditions or circumstances
exist that are peculiar to the land, structure, or building involved and that
are not applicable to other land, buildings or structures in the same
district;
(5) that the special
conditions and circumstances do not result from the actions of the applicant
and that those conditions and circumstances do not merely constitute pecuniary
hardship or inconvenience;
(6) that
the granting of the variance will be in harmony with the objectives of this
chapter.
(d) A variance
may not be granted that would permit a use that would not otherwise be
permitted under that zoning classification.
Authority:AS
38.05.020
AS 38.05.037
AS 38.08.080
AS
38.08.110
