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Planning commission forwards zoning amendments to assembly to streamline minor variances and address deed‑split encroachments
Summary
The commission voted unanimously to forward changes that would make common setback variances administrative and allow streamlined variance or permit processes for deed‑split lots with encroaching structures; staff cited data showing most setback variance requests are routinely approved.
The Ketchikan Gateway Borough Planning Commission voted April 10 to forward two zoning code amendments to the assembly aimed at reducing routine hearings and clarifying how deed‑split lots with existing encroachments are handled.
Planning Director Frank told the commission that setback‑related variance cases represent "192 out of the 220 total variance cases since 2017," with a 96% approval rate, and proposed making lower‑impact setback variances administrative with an appeals process. Commissioners adopted Resolution 4557 on a unanimous roll call and the amendment will be sent to the assembly for final action.
On deed splits, staff proposed an amendment to allow property owners of a single portion of an illegally divided lot to plat their parcel without redoing the entire original subdivision, but to require a cooperating neighbor when an existing building encroaches over the new lot line. "If the other person on the split property doesn't want the variance, then they're not eligible," said Miss Johnson, clarifying that cooperation is required for the streamlined option.
The commission amended and adopted the deed‑split language (Resolution 4558) to add a provision for non‑residential zones and voted unanimously to forward that change to the assembly. Staff said the changes are intended to reduce unnecessary commission hearings for routine matters while preserving appeal rights and safeguards for encroaching structures.
Each amendment includes an appeals mechanism; staff will provide the assembly with the code language and supporting analysis.
