Denali Borough planning commission asks attorney to draft lease for long-standing encroachment; agrees to up to 35-year term

The Denali Borough Planning Commission voted unanimously to ask the borough attorney to draft a proposed lease for a long-standing encroachment on borough land and amended the planning commission's recommended lease term from 10 years to 35 years.

The request to have the borough attorney draft the lease was made during the commission's review of a lease application submitted by an on-site property owner. Commissioners later moved to change the draft term from the 10 years indicated in the application to a maximum 35-year term; the amendment passed unanimously.

The application, presented at the May meeting, describes several improvements that sit partly on borough land, including a woodshed, a greenhouse and a garage, and requests roughly two to two-and-a-half acres to formalize a buffer and allow a small, fenced dog yard. Applicant Laura Acuff told the commission she wants to ''utilize the buildings'' openly and to avoid informal, ''under-the-radar'' uses; she said a lease is preferable to an encroachment permit because it would permit expanded use subject to lease conditions.

Borough land planner Marcia Lambert told commissioners the borough does not have clear title to the underlying state parcel and that professional survey work is complicated by the fact the borough does not yet own the property. Lambert noted Denali Borough Code 4.17.050.b requires borough real property to be surveyed and platted per chapter 9.10 prior to lease and said the commission and assembly will likely need to consider a waiver or a limited ''meets-and-bounds'' marking in lieu of a full professional survey while state title work proceeds.

Commissioners discussed sale and lease-to-own options, appraisal and pricing procedures, and typical lease boilerplate. One commissioner urged making the same option available to other residents with similar encroachments; another asked that the draft lease include standard items planners usually require, including termination language, hazardous-materials restrictions, and whether a lease may be assigned if the lessee sells the residence.

On process, staff explained the attorney will draft a lease, the draft will return to the planning commission for review and recommended changes, and the planning commission will forward a resolution and proposed lease to the borough assembly for final action. Lambert cautioned the assembly and state survey process can take months to years; the state's review of survey instructions and the eventual patent or title transfer are not on a guaranteed timetable.

The commission's actions on the item were recorded as unanimous. The motion to request a proposed lease to be drafted by the borough attorney passed on a roll-call vote; the later amendment to extend the recommended term to 35 years also passed unanimously by voice vote.

The commission signaled it will review the attorney's draft and consider whether the draft or elements of it should serve as a boilerplate lease for future similar applications.

Votes at a glance: the planning commission approved a motion to request the borough attorney draft a proposed lease (unanimous) and approved an amendment to recommend a 35-year lease term (unanimous).