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Neighbors clash over deck variance amid privacy concerns

August 09, 2024 | Anchorage Municipality, Alaska


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Neighbors clash over deck variance amid privacy concerns
In a recent government meeting, discussions centered around a contentious variance request for a residential deck that has raised concerns among neighboring property owners. The applicant's deck, built on a steep slope leading down to a lake, has not met all approval criteria, prompting the need for a variance due to the unique topographical challenges of the site.

The applicant's representative explained that the deck's design was influenced by the need for accessibility, particularly for aging in place, as well as the physical constraints posed by the steep slope. The current construction exceeds the allowable height for encroachments in rear and side yard setbacks, which is limited to 30 inches above grade. However, due to the slope's steepness—nearly 50%—the applicant argues that compliance with this regulation is impractical.

Concerns were raised by neighboring property owners regarding the impact of the deck on their views and privacy. One neighbor expressed frustration over the deck's proximity to their bathroom window, stating that it has compromised their privacy and enjoyment of their home. The neighbor highlighted ongoing discussions about potential solutions, including allowing trees to grow to block the view and possibly adjusting the deck's design to mitigate visual intrusion.

Board members questioned the legality of the construction, noting that the homeowner had proceeded with building the deck without securing the necessary permits. The applicant's representative clarified that the homeowner believed all required permits were in place when construction began, a misunderstanding that has since complicated the approval process.

The meeting concluded with a call for further dialogue between the involved parties to address the concerns raised, particularly regarding privacy and the potential need for modifications to the deck. The board is expected to deliberate on the variance request in light of the discussions and public testimony presented.

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