Anchorage zoning board grants variance allowing homeowner's deck and hot tub to remain

The Municipality of Anchorage Zoning Board of Examiners and Appeals voted 9-0 on May 14 to grant a dimensional variance in case 2026-0032, allowing a deck and attached hot tub to remain 3 feet from a side property line instead of the 5-foot side setback required in the R2A zoning district.

Staff told the board that planning mailed 212 public hearing notices and received three comments in support. "So this is a request for dimensional variance, to allow DEC to encroach 2 feet into the required 5 foot side setback in the R2A District," the staff member said in the presentation, summarizing the site's geometry and the property's history: the petitioner purchased the house in 2018, rebuilt a dilapidated deck in 2019 in the original footprint, and installed a hot tub in 2020.

Applicant James (Jim) Fowler said he sought the variance so the existing deck and hot tub could remain and to close out a building permit for a carport. "So I respectfully ask for granting of the dimensional variance in this case," Fowler told the board, adding that neighbors he contacted did not object and that a shed and lack of windows on the nearest neighbor's north-facing wall provided buffering.

Staff’s written report recommended findings on the eight variance standards: standards A and B were met, standard C was only partially met because the deck was rebuilt, and standards D, E, F, G and H were met or met in part; staff listed two conditions should the board approve the variance (see staff report pages 4–5). Board discussion noted the corner-lot geometry, limited rear yard, and that the nonconforming deck predated the current owner. Board member Chris Schutte, who moved the motion, said the case reflected "where the letter of the law is extremely specific, but the real world has shown us that it doesn't always work out that way."

Jonathan Lang urged the board to find that standard C was satisfied because the problematic placement stemmed from a prior owner’s actions rather than the current owner. After brief discussion the board voted; the chair announced, "There are 9 votes in the affirmative and no votes in the negative. The variance is granted."

The motion cited Anchorage Municipal Code (AMC) 21.06.020 (table of dimensional standards) and approved a 2-foot encroachment into the required 5-foot side setback in the R2A district, subject to the conditions noted in the staff report. The vote and motion were recorded on the meeting record; the board closed the public hearing and the matter rested with the board.

Procedural notes: staff reported the packet included photos and an as-built drawing (staff packet pages 15 and 25) showing the deck footprint and the relationship to neighboring properties. No members of the public testified at the hearing.

The board then took up routine reports and new-member introductions; John Wotka, Mark Maysley and Chris Schutte gave brief personal and professional backgrounds before the meeting adjourned.