Anchorage zoning board grants three variances for Girdwood home despite staff denial recommendation for deck

The Municipality of Anchorage Zoning Board of Examiners and Appeals on Feb. 13 approved three dimensional variances for a Girdwood property on Timberline Drive owned by Alan Arnold, allowing encroachments into front, riparian edge and stream-side setbacks.

The board approved variance 1, to allow the existing structure to encroach 13.8 feet and an attached addition to encroach 10 feet into a 20-foot front setback, by a 6-0 vote; variance 2, to allow the existing structure and addition to encroach into the 25-foot riparian edge zone setback, by a 6-0 vote; and variance 3, to allow a lower deck to encroach 20 feet into the 25-foot stream-side setback, by a 5-1 vote. Staff recommended approval of variances 1 and 2 subject to conditions but recommended denial of variance 3 because it found standards C and H were not met.

The variances concern a property bisected by Virgin Creek. Planning staff told the board that the house was built in 1981, a nonconforming determination was recorded in 1996 for front- and side-setback encroachments, and a lower deck built in 1998 was not included in that prior determination. The applicant proposes a garage addition connected to the existing 981-square-foot structure by a 72-square-foot stairwell and an 88-square-foot skywalk; staff noted the deck area inside the 25-foot stream-side zone totals 369 square feet.

Alan Arnold, the property owner and applicant, told the board he built the deck decades ago as the only flat spot on a steep lot and said he used concrete tubes to minimize ground disturbance. "I really don't have any place to enjoy my yard... I was very careful to hand dig holes ... and have maintained the vegetation all the way around it for 30 years," Arnold said.

A nearby resident, Louis Kralick, testified in support, saying the deck "has been a stable feature for 30 years" and its removal would cause "unnecessary hardship" for Arnold. Planning staff said 82 public hearing notices were mailed on Jan. 21, 2025, and two public comments in favor were received (one noted in the staff packet and one received afterward). The Girdwood Board of Supervisors provided no comments.

Board members who moved and seconded the motions also spoke to the record. Board member Craig Bennett, who moved approval of variance 1, said the parcel’s steep slope and multiple overlapping setbacks leave little buildable area. Board member Dave Hale, who moved the motion on the deck variance, said the lot’s small, older plat and limited buildable area supported approval and expressed concern that removing an established deck could expose ground and increase erosion risk.

Staff recommended conditions tied to each approval; board members cited those conditions when making motions. The staff report references the Anchorage Municipal Code (AMC) sections under review and notes a 2018 ordinance that established a riparian edge zone; staff also cited an earlier 1967 ordinance establishing stream setbacks.

The board closed the public hearing after applicant and public testimony and voted on each variance in turn. The board’s approvals will be effective following any applicable processing and appeal periods; staff noted parties have 30 days from mailing of a decision to appeal to Superior Court.

The case file is listed as 20250009 in the municipal planning packet; the staff report includes recommended conditions on pages 5–6 and agency review comments starting at attachment 3 (page 33).