KETCHIKAN GATEWAY BOROUGH PLANNING COMMISSION ...

KETCHIKAN GATEWAY BOROUGH CODE 17.05.070(b)(c)Planning Commission Serving as the Platting Authority – Public Hearing Notification and Publication. Theplanning commission serving as the platting authority shall hold a hearing on all subdivision variance requestswhich hearing, notification and publication shall be concurrent with the preliminary plat hearing as providedin KGBC 17.15.030.Planning Commission Serving as the Platting Authority – Findings of Fact. In making its findings, as requiredbelow, the planning commission serving as the platting authority shall take into account the nature of the proposeduse of land and the existing use of land in the vicinity, the number of persons to reside or work in theproposed subdivision, and the probable effect of the proposed subdivision upon traffic conditions in the vicinity.The planning commission serving as the platting authority shall not recommend a variance of this title tothe borough assembly unless the board finds:(1) That there are special physical circumstances or conditions affecting said property; or(2) That the strict application of the provisions of this title would deprive the applicant of the reasonable useof his land.(d)(e)Planning Commission Serving as the Platting Authority – Report and Recommendation. Within seven (7) daysafter the planning commission serving as the platting authority has acted favorably on a request for a subdivisionvariance in accordance with the foregoing provisions, a report and recommendation shall be submitted tothe borough clerk. Such recommendation of the planning commission serving as the platting authority shall beadvisory only, and shall not be binding on the assembly. If the planning commission serving as the plattingauthority denies the request for a subdivision variance, its action shall be final.Borough Assembly – Public Hearing, Notification and Publication. Before the assembly may take any actionon the planning commission serving as the platting authority recommendation to grant a subdivision variancerequest, a public hearing shall be held at which time all interested parties shall have an opportunity to be heard.The public hearing shall be held at the first regular assembly meeting allowing time for publication followingtransmittal of the report and recommendation from the planning commission serving as the platting authority.Public notice shall be given in a newspaper of general circulation in the borough stating the date, time, placeand purpose of the hearing. The notice shall generally describe the variance sought. The notice shall be publishedat least ten (10) days prior to the date of the hearing. The borough clerk shall notify the same owners ofproperty as provided in KGBC 17.15.030. [Ord. No. 350, §1, 4-7-80. Code 1974 §55.10.025.]17.05.060 Compliance.No zoning permit shall be issued for a new building on a lot which did not exist as a described and recorded parcelprior to the effective date of this title or was not created by a recorded subdivision pursuant to provisions of thistitle. [Ord. No. 350, §1, 4-7-80. Code 1974 §55.10.030.]17.05.070 Conformity.All subdivisions shall conform to local, state and federal law, rules and regulations, including but not limited to:(a) All provisions of AS 40.15;(b)(c)(d)(e)All applicable ordinances of the borough, including the zoning ordinance;The comprehensive plan;All applicable rules and regulations of the State of Alaska Department of Natural Resources and the Departmentof Environmental Conservation;All rules of the State of Alaska Department of Transportation and Public Facilities relating to safety of accessand preservation of the public interest and investment in streets and highways, if the subdivision or any lotcontained therein abuts on a state trunk highway or connecting street;17-9