HomeMy WebLinkAboutALYESKA BASIN Block 1 Lot 9 Plat# 2-86-90
MUNICIPALITY OF ANCHORAGE
DEPARTMENT OF HEALTH & ENVIRONMENTAL PROTECTION
Environmental Health Division
CASE REVIEW WORKSHEET
CASE NUMBER:
Z-86-90
DATE RECEIVED:
June 24, 1986
COMMENTS DUE BY:
July 14, 1986
SUBDIVISION OR PROJECT TITLE:
Lot 9 Block 1 Alyeska Basin Subdivision.
( ) PUBLIC WATER AVAILABLE ( ) PUBLIC SEWER AVAILABLE
( ) COMMUNITY WATER AVAILABLE
71-014 (Rev. 5/83)
ZONIN~ BOARD OF EXAMINERS AND APPEALS ~
MUNICIPALITY OF ANCHORAGE ~
PUBLIC WORKS DEPARTMENT ~'~
NOTICE OF APPEAL TO AN ACTION OF AN
ADMINISTRATIVE DECISION
', ,'l 0 ~eO~
~ZONJt,,iG £NFORCEMENTj
For Use by Clerk
~cceptance date:
qearing date:
Case Number:
Decision:
General identity of action that is being appealed:
o
1. Zoning Department Case Number:
2. Legal Description of property involved: Lot
Subdivision .z~a~
3.Date of the action:
Appellant's name and address:
1. Name: //~'Z~!~? ~'~
2. blailing ~ddres . 'J ~ 7
4. Relationship to Action:
/Petitioner (of matter acted upon)
Agent of Petitioner, Give name and address of petitioner:
Name:
Mailing address:
Other person adversely affecte(~
__Governmental agency
(OVER)
POUCH 6-650
ANCHORAGE, ALASKA 99502-0650
(907) 264-.4545
TONY KNOWLES,
MA YOR
OFFICE OF THE MUNICIPAL ATTORNEY
April 18, 1986
Jack Allen
5143 Emmanuel
Anchorage, Alaska 99508
Dear Jack:
I do not, unfortunately~ recall any conversation we may have had
on October 25, 1982, at the Girdwood Elementary School, as
referenced in your recent letter. Your characterization of that
conversation does seem entirely plausible. That. is, the then
current zoning of the Girdwood area was U or unrestricted. The
area was not zoned in 1979 by virtue of the adoption of the
Turnagain Arm Comprehensive Plan. That is not to say that the
Comprehensive Plan did not have an impact on land uses between
1979 and 1982. Under the terms of the unrestricted or U zone, a
use would be prohibited (or permitted only under a conditional
use permit) if it were found to be grossly incompatible with the
surrounding area. Thus, the practice during this period was for
the Building official to exercise his judgement at such time as a
land use permit was applied for to determine whether the proposed
use was, in his judgement, grossly incompatible with the area
that might be affected by the structure. The comprehensive plan
was used as a guideline in making that judgement. In this
regard, it cannot be said definitively whether an application for
a land use permit for a 4-plex on your lot would or would not
have been approved if applied for prior to the adoption of the
R-11 zoning district. A variety of questions, therefore, arise.
For example, did you apply for a land use permit prior to the
effect of the R-11 zone, and if so, did the application indicate
the use was intended to be a 4-plex? If the 4-plex use was
established prior to the adoption of the R-11 zone, and if that
use was lawful at the time, then you would have "grandfather
rights" to continue that use notwithstanding the restrictions
placed on the property by tile R-11 zone. If the structure was
converted to a 4-plex after the adoption of the R-11 zone,' no
grandfather rights would exist. Neither would grandfather rights
April 18, 1986
Page 2
exist if the use were established prior to the R-ii zone, but was
an illegal use lat the time of its establishment. Because the
legality of a 4-plex prior to the R-11 zoning would depend upon
the exercise of the Building Official's discretion upon the
application for a land use permit, the issue becomes rather
complex. If you are unable to establish your grandfather rights
under the new zone, then it would appear that the present use of
the structure as a 4-plex is not permitted unless and until you
obtain a conditional use permit under the provisions of AMC
§ 21.40.117(D)(11).
I certainly don't have enough of the facts to make a judgement on
whether or not your 4-plex may have grandfather rights. I
suggest that you contact Mr. Kerr to discuss whether or not his
office may recognize grandfather rights to the use. The most
relevant information to compile before meeting with Mr. Kerr
would be the existence of any records pertaining to your applica-
tion for a land use permit. The next most important items would
be evidence that the property was in fact used as a 4-plex prior
to the adoption date of the R-11 zone.
Very truly yours,
DEPARTMENT ~;
~rry Wertzbaucjher
Municipal Attorney
JW:gml
cc: Laurita Hefner
1301 Banister Drive
Anchorage, Alaska 99504
Michael Kerr
Principal Code Enforcement officer
Building Safety Division
Mike Marsh, Assistant Municipal Attorney