Planning commission approves several variances and vacates Jensen Way right-of-way

The Ketchikan Gateway Borough Planning Commission on Nov. 12 approved a sequence of land-use actions including three major variances, a right-of-way vacation and a final plat.

Summary of actions and results

- Case 25056 (96 Bearberry Lane) — Major variance to allow an existing detached garage to encroach into the front-yard setback. Planning staff (Miss Johnson) said topography and a jogged lot line constrained development and that compliance would require demolition of exterior wall components valued above $10,000; staff recommended approval. Commissioner Medford moved to adopt Resolution 45-31a; the commission voted to approve the resolution.

- Case 25061 (10309 Rocky Pointe Drive) — Major variance to allow an attached garage to remain and encroach into the rear-yard setback (approximately 0.3 ft, attributed to survey-monument location error). The applicant was not present; staff recommended approval because demolition would require substantial exterior wall work on a principal structure. The commission approved Resolution 45-36a by roll call.

- Case 25062 (same subdivision, accessory structure encroachment) — Staff described an encroachment caused by improvements on the adjoining lot; the owners agreed to an easement allowing the structure to remain under limited conditions. Commission approved Resolution 45-37a; commissioners commended neighbors for resolving the dispute privately.

- Case 25063 (Jensen Way vacation, 8159 North Tongass Highway) — Applicants Robert and Emily McClory requested vacating a 30-foot right of way and adding it to Lot 4A. Staff noted a public-utilities easement and a rock retaining wall that supports an adjacent driveway; the boroughpublic works director did not expect the ROW to be developed. The commission approved Resolution 45-38a with two conditions: (1) an easement agreement for existing overhead power lines shall be submitted to the planning department within 60 days of the effective date of final order; (2) address plat comments and corrections prior to Mylar.

- Case 25038 (final plat, ATS replat at 9737 Mudbay Road) — Commission approved a final plat subject to addressing planning-staff plat comments prior to Mylar submission.

Votes at a glance

- Resolution 45-31a (Case 25056): Approved (motion moved by Commissioner Medford; roll-call approval recorded). - Resolution 45-36a (Case 25061): Approved (6 yeses noted on roll call). - Resolution 45-37a (Case 25062): Approved (unanimous roll call recorded). - Resolution 45-38a (Case 25063): Approved with conditions (roll call recorded). - Final plat, Case 25038: Approved with condition addressing plat corrections.

Staff rationale and attribution

Planning staff Miss Johnson consistently said that, in each variance case, the need for variances arose from constraints in the built environment (irregular lot lines, topography, or survey-monument errors) and that compliance in some cases would require demolition of significant exterior walls. "Compliance would require demolishing the exterior wall of a structure ... that's value is worth more than $10,000," Johnson told commissioners when recommending approval of a variance.

What happens next

Approved resolutions are forwarded to the borough assembly where applicable (right-of-way vacations require assembly concurrence) and final plats must submit corrected Mylar copies after staff sign-off. Appeals to planning decisions may be filed within the statutory period; the commission noted appeal procedures at the meeting's close.

This story is based on the meeting transcript and roll-call results recorded by the planning commission clerk.