DENALI BOROUGH, ALASKA

RESOLUTION NO. PC 02-01

 

A RESOLUTION DENYING A VARIANCE REQUEST AND SHOWING FINDINGS OF FACT ON LOTS 2A AND 2B, BLOCK 4 WITHIN THE VILLAGE VIEW SUBDIVISION.

 

WHEREAS, the Denali Borough Planning Commission adopted Ordinance 96-12 on June 9, 1996, providing for a Subarea Land Use Plan for Village View Subdivision and Ordinance 96-22 on August 12, 2001, providing for Subdividing and Platting within the Denali Borough; and

 

Whereas, Mr. Steve Jones requested a variance on his parcel, Lot 2A and 2B, Block 4 within Village View Subdivision; and

 

Whereas, Ordinance 96-12 does not address variances and therefore, the Planning Commission relied upon Ordinance 96-22, Section 8, Platting Procedures which states in part…“Whenever the tract to be subdivided is of such unusual size or shape or it’s surrounded by such development of conditions that the strict application of the provisions of this ordinance shall result in substantial hardships, the Planning Commission may vary or modify such requirements to the end that the subdivision may be developed consistent with public welfare and safety…” and AS 29.40.040 (b); and

 

Whereas, during a public hearing held on December 9, 2001, the Denali Borough Planning Commission heard testimony on Mr. Jones’ request for variance; and

 

Whereas, the Denali Borough Planning Commission, based on the findings of facts listed below, voted to deny the variance request.

 

NOW, THEREFORE BE IT RESOLVED that the Denali Borough Planning Commission has found:

 

1.)      Based on Denali Borough Ordinance 96-22, Mr. Jones’ lots are not of unusual size or shape and therefore do not qualify to be considered for a variance;

2.)      Currently Mr. Jones is in violation of the Village View Subarea Land Use Plan by development of structures in excess of 2 housing units per lot;

3.)      Employee housing is considered rental units;

4.)      Any new development (structure/rental units) built on the parcels after June 9, 1996 that exceed the parameters of Ordinance 96-12, are considered in violation;

5.)      Mr. Jones must comply with Ordinance 96-12 by removing any structure(s) that are not within the parameters of the Ordinance 96-12, Village View Subarea Land Use Plan within twelve (12) months from the effective date of this resolution.

6.)      That penalty for violation of this resolution shall be $1,000 per violation.  Each day in violation constitutes a separate violation as provided by AS 29.25.070 and AS 29.25.075.

 

 

PASSED and APPROVED BY THE DENALI BOROUGH PLANNING

 

COMMISSION this 13th day of January, 2002.

 

 

SIGNATURE ON FILE

                                                                              Presiding Officer

Denali Borough Planning Commission

 

 

 

 

ATTEST:                                                       SIGNATURE ON FILE

                                                                        Borough Clerk