MANAGER'S REPORT:
On August 21, 2014, the Planning Commission, acting as the Board of Adjustment, made a "Similar Use Determination" under CBJ 49.20.320 as to Haven House, Inc.’s application to provide re-entry housing for women coming out of prison in the D5 zoning district per CBJ 49.20.320 (UNL 2014-0001). On September 15th, Tall Timbers Neighborhood Association filed an appeal of the Board of Adjustment’s unlisted use determination. On September 29, 2014, the Assembly reviewed the appeal and decided to reject the matter without prejudice, as untimely and unripe, and as it would be subsumed in the conditional use process that would be heard by the Planning Commission on October 14.
On October 14, 2014, the Planning Commission approved a conditional use permit for transitional housing for up to nine women coming out of prison (USE2014-0008). On October 30, 2014, Tall Timbers Neighborhood Association filed an appeal of both the Conditional Use permit and the Use Not Listed Determination granted to Haven House, Inc.
On November 10, 2014, the Assembly accepted the appeal and assigned Assemblymember Jerry Nankervis as the Presiding Officer. A pre-hearing conference was held on December 1, 2014, and the Pre-Hearing Order and a subsequently filed Joint Stipulation of Issues on Appeal are in the packet. The packet also includes the record before the Planning Commission and written briefs filed by the parties to the appeal.
CBJ Code 01.50.140, Decisions on Appeal, provides:
(b) Appeal agency decisions. In an appeal heard by the appeal agency:
(1) The attorney, if any, who advised the appeal agency at the hearing may be present during the deliberation on the decision of the case, and if requested, shall assist and advise the appeal agency;
(2) A member of the appeal agency who has not heard the evidence in person at the hearing may not participate in the decision;
(3) Deliberation shall be in executive session unless the agency votes to deliberate in open session; and
(4) The appeal agency shall itself prepare and adopt a written decision no later than 45 days after the close of the hearing and the filing of all post-hearing briefs, if any; or the appeal agency may direct the attorney who advised the appeal agency, if any, or the prevailing party to prepare a proposed decision. A proposed decision prepared by the advising attorney or the prevailing party shall be filed with the municipal clerk and served on each party to the appeal or the party's representative no later than 45 days after the close of the hearing and the filing of all post-hearing briefs, if any. The parties may file written objections to the proposed decision with the municipal clerk within five days after service of the proposed decision. The proposed decision and any objections to the proposed decision shall be placed before the appeal agency at the first regular meeting at which the matter may be scheduled or at a special meeting called for that purpose. |