The department will grant a variance from a provision of 11 AAC 53.600 - 11 AAC 53.730 if the person seeking a variance demonstrates, to the satisfaction of the department, that

1. (1) granting the variance will not be detrimental to the public health, safety, or welfare, injurious to adjacent property, or contrary to the public interest;
2. (2) the variance sought does not violate a statute; and
3. (3) the conditions on which the variance application is based do not apply generally to properties similar to the one for which the variance is sought.

(Eff. 7/5/2001, Register 159)

Authority: AS 40.15.330, AS 40.15.370