MEMORANDUM

TO: Timothy Navarre, Assembly President

Members, Kenai Peninsula Borough Assembly

FROM: Dale Bagley, Borough Mayor

DATE: September 6, 2001

SUBJECT: Ordinance 2001-32 amending KPB 21.05.010

Recently it was discovered that language in KPB 21.05.010 is more restrictive than state law regarding variances. The purpose of the final sentence in this clause was to clarify that a variance cannot be used to allow an otherwise prohibited land use in a zoning district. For example, an applicant cannot use a variance to acquire an industrial use in a residential zoning district. However, the provision that variances are only allowed from area requirements is more limiting than AS 29.40.040, which would allow other variances, provided the strict criteria AS 29.40.040 are met as well as the KPB 21.05 criteria. For example, a variance could be used to relax an appeal time frame.