Anchorage zoning board postpones variance threshold changes

The Anchorage Zoning Board of Examiners and Appeals postponed a proposed ordinance June 11 that would double the threshold for administrative approval of setback encroachments from 5 percent to 10 percent. Single-family homeowners with qualifying encroachments would avoid a $710 public hearing fee. Board members said they need legal review and data on how many variance cases fall into each encroachment range before advancing the change.

The ordinance would allow single-family owners with smaller encroachments to avoid a public hearing. The draft also proposes amending three of the eight review criteria to allow consideration of non-physical extraordinary circumstances such as surveyor errors and to adjust language on ADA accessibility requirements. Planning Division Manager Elizabeth Appleby presented the draft to the board for feedback.

Board member Jason Norris asked what threshold justifies the cost and process.

Where is it worth the time and effort to bring it before the body? The money is significant for a lot of people.

Members requested data on how many variance cases fall into each encroachment range and how many homeowners abandon projects rather than pay for a hearing. Some members floated a 20 percent threshold or a feet-based alternative as options for staff to evaluate. One board member asked legal counsel to clarify whether all eight approval criteria must be met or whether the code's language that applications must substantially meet the standards allows for flexibility.

Appleby said the minor modification fee is $135 and a nonconforming determination starts at $270, compared to the $710 variance hearing fee for single-family owners. She said she would consult the municipality's legal department and return with a revised draft. After that, the ordinance would go to a future public hearing before the Planning and Zoning Commission, which would make a recommendation to the Assembly on adoption.