KETCHIKAN GATEWAY BOROUGH PLANNING COMMISSION ...

KETCHIKAN GATEWAY BOROUGH CODE 18.150.030(3) Unless a request to refer the matter to the planning commission for formal consideration under KGBC18.150.030 is filed with the planning director within thirty (30) days of the date of distribution, the decisionbecomes final.(4) Upon written request by the applicant or any other person notified in subsection (f)(2) of this sectionwithin thirty (30) days of distribution of the notice of request, the variance request shall be referred to theplanning commission for processing in the same manner as a major variance request in accordance withKGBC 18.150.030.(5) A minor variance granted by the planning director shall be conditional upon the privilege granted beingutilized within six (6) months after the effective date of the variance. [Ord. No. 1622, §6, 4-2-12; Ord.No. 1116, §1, 9-20-99; Ord. No. 947, §4, 8-15-94; Ord. No. 792, §§6 – 10, 6-3-91; Ord. No. 671, §7, 12-5-88; Ord. No. 358, §§4, 5, 4-7-80; Ord. No. 327, §9, 3-19-79; Ord. No. 326, §7, 2-20-79; Ord. No. 171,§§1, 3, 9-16-74; Ord. No. 32, 1-2-68; Ord. No. 31, 1-2-68. Code 1974 §60.10.120(B).]18.150.030 Major variances.(a) Applicability. A request to vary quantifiable standards by more than ten (10) percent will be considered amajor variance. All variances to parking standards shall be processed and reviewed as a major variance.(b)(c)Approval Authorization. The planning commission may authorize major variances from the requirements ofthis title, when the criteria contained in subsection (e) of this section are met.Application. A request for a major variance may be initiated by the owner of the affected property or theirauthorized agent. At a minimum the application shall include the location and legal description of the property,the reason for the variance and an explanation of how the variance criteria are satisfied. An accurate site plan,drawn to scale, shall be attached to the application depicting the perimeter of the property including dimensions,significant natural features, and all existing and proposed improvements.(d) Fees. Application fees for major variances shall be as provided for in KGBC 2.105.030.(e)Applicable Criteria. A variance from a quantifiable standard may be granted in accordance with the reviewprocedures provided in subsection (f) of this section provided the applicant provides evidence that the followingstandards are met:(1) Special conditions that require the variance are not caused by the person seeking the variance;(2) The variance will not permit a land use in a district in which that use is prohibited;(3) The variance will not solely relieve a pecuniary hardship or inconvenience;(4) When compared with other properties in the surrounding area, the property is subject to a greater hardshipor burden resulting from the strict application of the zoning ordinance;(5) The requested variance is the minimum reduction of development requirements necessary to give substantialrelief to the property involved.(f)Procedure and Public Notice.(1) The planning commission shall hold a public hearing on a request for a major variance within sixty (60)days following the date of filing a complete application unless such time limit be extended by written consentby the applicant.(2) Public notice shall be given in a newspaper of general circulation in the borough, stating the date, time,place and purpose of hearing. The notice shall generally describe the variance sought. The notice shall bepublished at least ten (10) days prior to the date of the hearing. The clerk of the planning commission shallalso mail a copy of said notice to the owners of property as follows:18-105