Planning commission grants setback encroachment permit for Harvey Subdivision shop

The Kenai Peninsula Borough Planning Commission on Nov. 17 adopted Planning Commission Resolution 2025-31 to grant a building setback encroachment permit for Tract A3 of Harvey Subdivision Number 2 after hearing a staff report and brief public testimony.

Staff told the commission the as-built drawing shows a 42.40-by-60.2-foot building encroaching into the 20-foot setback along McDowell Road by about 1.6 feet at the north corner and 5.7 feet at the south corner, and noted a concrete pad (dimensions unspecified in the record) also encroaches at the southeast corner. Staff recommended approval of the portion shown on the October as-built survey subject to six conditions spelled out in the staff report.

The applicant, who identified herself as Bridal Nienhaus, told the commission she had relied on the wrong line when she built the shop and apologized. "I just wanna say this was my fault," she said, adding the structure does not pose a hazard and that she plans to remove the concrete within the next year.

Commissioner Slaughter (voting remotely) said he appreciated the applicant coming forward and would vote in favor. The commission then moved and seconded the resolution and passed it on a roll call vote.

The motion adopts the staff findings and conditions; the commission recorded the vote as passed and did not receive any public opposition during the hearing. The permit carries the conditions listed in the staff report, including limitations on enlarging the encroachment; staff said if the structure is ever removed or destroyed the owner would need to reapply for permission to rebuild in the same location.

The action resolves this appeal/permit at the Planning Commission level; the record does not show any appeal or enforcement action beyond the special conditions attached to the approval.