Commission grants variance to allow new house that sits inside setback in Sterling Heights

The Kenai Peninsula Borough Planning Commission on Oct. 27 approved a building setback encroachment permit for a newly constructed single-story house in Sterling Heights (KPB file 2025-124; PC Resolution 2025-25).

Planning staff and the petitioner’s representative said the new house replaced a manufactured home previously located on the parcel. The as-built survey showed a portion of the one-story house within the 20-foot building setback along Skeeter Street, approximately 8.6 feet from the western lot line; staff reported a deck at the western end with no foundation.

Jason Young, surveyor with Edge Survey, said the placement was a “complete accident” and that the builder assumed the new structure could be sited where the old structure stood. Young also identified the builder as “Grama Cabins” during questioning.

Commissioners discussed which findings in the staff record supported the three borough standards for an encroachment permit. Several commissioners said the applicant met the burden of proof under borough code; one commissioner noted the placement likely resulted from an oversight by the builder but that the code does not make builder intent dispositive. The commission adopted the resolution approving the permit, then approved an accompanying motion to attach specific findings (findings 1 and 4 and 14–16 for standard 1; findings 2, 4 and 13 for standard 2; findings 2, 3 and 4 for standard 3) and the four conditions set out in the staff report.

The motion passed on roll-call vote with all voting commissioners recorded as yes.