KENAI PENINSULA BOROUGH

ORDINANCE 2001-32

AN ORDINANCE AMENDING KPB 21.05.010 TO ALLOW VARIANCES FROM OTHER THAN AREA REQUIREMENT PROVISIONS

WHEREAS, variances from land use regulations may be granted for a variety of reasons; and

WHEREAS, currently only variances from area requirements are allowed by KPB Chapter 21.05, while AS 29.40.040 also allows some variances from land use requirements; and

WHEREAS, variance provisions may not allow uses in districts where such uses are prohibited but may allow other reasonable variances which would not harm the health and safety of borough residents or undermine the original intent of the land use regulation; and

WHEREAS, the borough's interests would be best served by following the less restrictive statutory standards; and

WHEREAS, the Planning Commission meet on September 24, 2001, and voted unanimously to support this ordinance;

NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH:

SECTION 1. That KPB 21.05.010 is amended as follows:

21.05.010. Purpose.

The purpose of this chapter is to grant relief from the literal application of this title where unusual individualized situations result in more stringent burdens being placed on some parcels of land than others and to prevent special hardships to individual landowners or deprivation of rights commonly enjoyed by other properties in a district. [THIS CHAPTER ALLOWS VARIANCES ONLY FROM AREA, NOT LAND USE, REQUIREMENTS.]

SECTION 2. This ordinance shall become effective upon its enactment.

ENACTED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH THIS 23RD DAY OF OCTOBER, 2001.