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Commissioners debate why encroachments recur; director proposes outreach and code review

Kenai Peninsula Borough Planning Commission · November 17, 2025
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Summary

After approving permits and vacations, commissioners discussed recurring setback encroachments, weighing education, fee changes or code amendments; Director Reppner offered to coordinate outreach with the mayor and circulate code language ahead of future hearings.

Following permit votes, commissioners spent substantial time considering why setback encroachments keep appearing and what the borough should do about them. The chair noted the commission has approved many encroachment permits and asked whether the assembly should revisit code language or add deterrents.

Commissioner Venuti said the city of Homer requires an as-built before final approval and suggested the borough consider a similar requirement; "that seems to work pretty well for us," Venuti said. Other commissioners and staff cautioned that many encroachments are older structures built in the 1970s–1990s that only now surface because lenders and better imagery require as-builts for sales and mortgages.

Director Reppner told the commission that encroachment permits generally allow an existing structure to remain but prevent an enlargement of the encroachment and that if a structure is destroyed the owner must reapply before rebuilding in the same place: "If the structure is ever damaged ... you'd have to reapply," Reppner said. Commissioners debated whether to pursue education (social media, radio, outreach to builders and surveyors) or levy higher fees as a deterrent; several favored starting with public education so owner-builders who are unaware of setbacks get information before punitive measures are considered.

Reppner also introduced Wayne Carey as the commission's new counsel for roads and reminded commissioners that upcoming gravel-pit hearings are quasi-judicial and require strict avoidance of private conversations with interested parties. He said staff will email the new code language and encouraged commissioners to review it before packets on related applications are published. Reppner invited commissioners to attend the Dec. 8 meeting in person for material-site hearings.

No code changes or fee increases were adopted at the meeting; Reppner said he would raise outreach ideas with the mayor and report back. Commissioners closed with routine comments and adjourned.