11 AAC 91.090. Variances

(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.

History: Eff. 5/4/78, Register 66

Authority: AS 38.05.020

AS 38.05.037

AS 38.08.080

AS 38.08.110

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