Planning commission approves setback encroachment permit for structures near Sarah Street
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Summary
The Kenai Peninsula Borough Planning Commission on Oct. 27 approved a building setback encroachment permit for two structures that intrude into the 20-foot setback along Sarah Street in the Apache Acres area, citing staff findings and no adverse safety impacts.
Kenai Peninsula Borough Planning Commission members voted Oct. 27 to grant a building setback encroachment permit for a shop and a carport that intrude into the 20-foot building setback along Sarah Street in the Apache Acres area.
The permit (KPB file 2025-153; PC Resolution 2025-27) applies to the north 440 feet of Government Lot 6 lying east of Sarah Street and approves the portion of the two structures shown on the October 2025 as-built survey, subject to six conditions in the staff report.
Staff told commissioners the larger shop (about 30.7 by 40.5 feet) was built circa 1979 and encroaches about 15.3 feet into the setback; a 12-by-23.5-foot carport was built about 2016 and encroaches about 4.7 feet. The staff report noted the structures have “not created any problem with adjacent right of way,” do not interfere with sight distance or road maintenance, and recommended approval based on standards in KPB code 20.10.110.
Jerry Johnson, surveyor with Johnson Surveying, spoke for the petitioner and emphasized a plat-note interpretation: “The note says along the lots. It does not say all along the street. It says along the lots,” arguing the plat language differentiated unsubdivided remainder areas.
There was no public testimony. A motion to adopt PC Resolution 2025-27 was made, seconded and passed on a roll-call vote with all commissioners present voting yes.
The commission’s approval incorporated staff findings labeled in the record (staff recommended findings 1, 8 and 9 support the standards) and imposed the six conditions listed in the staff report. The staff report and the resolution are part of the administrative record for the permit.
The decision resolves the encroachment by formal permit rather than requiring removal or relocation of the existing buildings; the approved permit is limited to the portions of the structures shown on the submitted as-built survey, and remains subject to the conditions in the staff report.