Item Coversheet

ASSEMBLY AGENDA/MANAGER'S REPORT
THE CITY AND BOROUGH OF JUNEAU, ALASKA

Tall Timbers Neighborhood Association v Planning Commission - Appeal of Conditional Use Permit and Use Not Listed Designation for Haven House

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.

ATTACHMENTS:
DescriptionUpload DateType
Notice of Appeal filed by Tall Timbers NA re USE2014-0008 and UNL2014-000110/31/2014Appeal
Pre-Hearing Order - December 1, 20141/6/2015Appeal
Joint Stipulation of the Parties regarding the issues on appeal - December 16, 20141/6/2015Appeal
Record Cover-Certification-Index1/6/2015Appeal
Record-01-Haven House Presentation to PC May 27, 20141/6/2015Appeal
Record-02-CDD Staff Report on UNL2014-0001 - Part 11/7/2015Appeal
Record-02-CDD Staff Report on UNL2014-0001 - Part 21/7/2015Appeal
Record-02-CDD Staff Report on UNL2014-0001 - Part 31/7/2015Appeal
Record-02-CDD Staff Report on UNL2014-0001 - Part 41/7/2015Appeal
Record-02-CDD Staff Report on UNL2014-0001 - Part 51/7/2015Appeal
Record-02-CDD Staff Report on UNL2014-0001 - Part 61/7/2015Appeal
Record-02-CDD Staff Report on UNL2014-0001 - Part 71/7/2015Appeal
Record-02-CDD Staff Report on UNL2014-0001 - Part 81/7/2015Appeal
Record-02-CDD Staff Report on UNL2014-0001 - Part 91/7/2015Appeal
Record-02-CDD Staff Report on UNL2014-0001 - Part 101/7/2015Appeal
Record-03-CDD Corrective Memo on UNL2014-00011/7/2015Appeal
Record-04-Additional "Blue Folder" items 8-21-141/7/2015Appeal
Record-05-CDD Presentation 8-21-141/7/2015Appeal
Record-06-PC Notice of Decision UNL2014-00011/7/2015Appeal
Record-07-PC Minutes 8-21-141/7/2015Appeal
Record-08-CDD Staff Report on USE14-08-Part 11/7/2015Appeal
Record-08-CDD Staff Report on USE14-08-Part 21/7/2015Appeal
Record-08-CDD Staff Report on USE14-08-Part 31/7/2015Appeal
Record-08-CDD Staff Report on USE14-08-Part 41/7/2015Appeal
Record-08-CDD Staff Report on USE14-08-Part 51/7/2015Appeal
Record-08-CDD Staff Report on USE14-08-Part 61/7/2015Appeal
Record-08-CDD Staff Report on USE14-08-Part 91/7/2015Appeal
Record-08-CDD Staff Report on USE14-08-Part 101/7/2015Appeal
Record-08-CDD Staff Report on USE14-08-Part 111/7/2015Appeal
Record-08-CDD Staff Report on USE14-08-Part 121/7/2015Appeal
Record-08-CDD Staff Report on USE14-08-Part 131/7/2015Appeal
Record-08-CDD Staff Report on USE14-08-Part 141/7/2015Appeal
Record-08-CDD Staff Report on USE14-08-Part 151/7/2015Appeal
Record-08-CDD Staff Report on USE14-08-Part 161/7/2015Appeal
Record-08-CDD Staff Report on USE14-08-Part 171/7/2015Appeal
Record-08-CDD Staff Report on USE14-08-Part 181/7/2015Appeal
Record-08-CDD Staff Report on USE14-08-Part 191/7/2015Appeal
Record-08-CDD Staff Report on USE14-08-Part 201/7/2015Appeal
Record-08-CDD Staff Report on USE14-08-Part 211/7/2015Appeal
Record-08-CDD Staff Report on USE14-08-Part 221/7/2015Appeal
Record-08-CDD Staff Report on USE14-08-Part 231/7/2015Appeal
Record-08-CDD Staff Report on USE14-08-Part 241/7/2015Appeal
Record-08-CDD Staff Report on USE14-08-Part 251/7/2015Appeal
Record-08-CDD Staff Report on USE14-08-Part 261/7/2015Appeal
Record-08-CDD Staff Report on USE14-08-Part 271/7/2015Appeal
Record-08-CDD Staff Report on USE14-08-Part 281/7/2015Appeal
Record-08-CDD Staff Report on USE14-08-Part 291/7/2015Appeal
Record-08-CDD Staff Report on USE14-08-Part 301/7/2015Appeal
Record-08-CDD Staff Report on USE14-08-Part 311/7/2015Appeal
Record-08-CDD Staff Report on USE14-08-Part 321/7/2015Appeal
Record-08-CDD Staff Report on USE14-08-Part 331/7/2015Appeal
Record-08-CDD Staff Report on USE14-08-Part 341/7/2015Appeal
Record-08-CDD Staff Report on USE14-08-Part 351/7/2015Appeal
Record-08-CDD Staff Report on USE14-08-Part 361/7/2015Appeal
Record-08-CDD Staff Report on USE14-08-Part 371/7/2015Appeal
Record-08-CDD Staff Report on USE14-08-Part 381/7/2015Appeal
Record-08-CDD Staff Report on USE14-08-Part 391/7/2015Appeal
Record-08-CDD Staff Report on USE14-08-Part 401/7/2015Appeal
Record-08-CDD Staff Report on USE14-08-Part 411/7/2015Appeal
Record-08-CDD Staff Report on USE14-08-Part 421/7/2015Appeal
Record-08-CDD Staff Report on USE14-08-Part 431/7/2015Appeal
Record-08-CDD Staff Report on USE14-08-Part 441/7/2015Appeal
Record-09-Supplemental CDD Staff Report USE14-081/7/2015Appeal
Record-10-Additional Blue Folder Items 10-14-141/7/2015Appeal
Record-11-TTNA Revised List of Conditions 10-14-141/7/2015Appeal
Record-12-Sealaska Heritage Letter USE14-081/7/2015Appeal
Record-13-CDD Presentation 10-14-141/7/2015Appeal
Record-14-Haven House Presentation 10-14-141/7/2015Appeal
Record-15-PC Notice of Decision USE2014-00081/7/2015Appeal
Record-16-PC Minutes 10-14-141/7/2015Appeal
Record-17-Supplement to the record 12/12/2015Appeal
Record -18-Supplement to the record 22/12/2015Appeal
Record-19-Supplement to the record 32/12/2015Appeal
Appellants Opening Brief filed 03-02-20154/1/2015Appeal
Appellees Oppostion Brief filed 03-23-20154/1/2015Appeal
Appellee-Intervenors Brief filed 03-24-20154/1/2015Appeal
Appellants Reply Brief filed 04-01-20154/1/2015Appeal