Zoning board approves variance to legalize workshop that encroached 2 feet into rear setback

The Anchorage Zoning Board of Examiners and Appeals voted 5–0 April 16 to grant a dimensional variance allowing a portion of an existing workshop to encroach 2 feet into a required 20-foot rear setback.

The variance, in Case 2026-0037, was moved by Craig Bennett and seconded by Mr. Lang and approved subject to the conditions listed on pages 4–5 of the staff report. Staff had recommended denial, saying the application did not meet all variance standards and characterizing the issue as a technical survey discrepancy rather than a physical hardship.

At the hearing petitioner Patrick Koski described a long construction history and competing surveys. Koski said an early survey and staking around 2003 supported a compliant setback but a later survey showed the workshop at 18 feet from the rear lot line, creating a 2-foot encroachment. He told the board he had contracted additional surveys, and that a neighbor and a Timberline surveyor corroborated the newer measurement. “I had to do something about it… I couldn’t in good conscience pretend I never saw that 18 foot,” Koski said, explaining financial and timing hardships tied to a pending home sale and relocation plans.

Staff told the board the Planning Department found several variance criteria were not fully satisfied and characterized the discrepancy as a technical/survey error rather than a building-location constraint. In response Craig Bennett said he considered the physical circumstances and neighborhood support and concluded the standards were substantially met for this particular case: “I see that staff shows that standards essentially are met… the comments are in support of granting the variance from the community,” he said.

A single phone comment, submitted by a caller identified in the message as Spencer, expressed support and said the encroachment did not negatively affect the neighborhood. With no on-site public opposition, the board voted to grant the variance with the staff-recommended conditions.

The decision allows the workshop to remain as built subject to any encroachment or permitting requirements listed by staff. The decision is appealable to superior court within 30 days of the mailing of the decision, as explained at the hearing.