Item Coversheet

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

Richard Harris–RH Development-Appeal Of A Planning Commission Notice of Decision Regarding AME2013-0006 – Denial of a Request for a Zone Change from D-10 – LC at 9050 Atlin Drive or 2600 Mendenhall Loop Road.

MANAGER'S REPORT:

On September 24, 2013, the Planning Commission issued a final decision denying a request to rezone USS 381 FR from D10 to LC. The petitioner, Richard Harris, representing RH Development LLC, filed a timely Notice of Appeal of this decision with the Municipal Clerk’s Office on Monday, September 30, 2013.

The Assembly accepted the appeal and appointed Assemblymember Jerry Nankervis as the presiding officer at its regular meeting of October 14, 2013.

The packet contains the Notice of Appeal, the Orders and Motions, the Record on Appeal, and Briefs.  The parties will be allowed X time to present their arguments.  At the close of the hearing, the Assembly may enter into executive session to deliberate.

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:
Description Upload Date Type
Cover Page 12/11/2013 Appeal
Notice of Appeal 10/14/2013 Notice of Decision
Pre-Hearing Order 11/6/2013 Appeal
2013-11-06-Motion by Harris to supplement record 11/6/2013 Appeal
McKibben Non-Opposition Motion 11/7/2013 Appeal
Order on Motion to Supplement Record 12/11/2013 Appeal
Record on Appeal- Certificate 11/26/2013 Appeal
Record on Appeal - Index 12/11/2013 Appeal
Record on Appeal - Pages 1 -39 11/26/2013 Notice of Decision
Record on Appeal - Pages 40 - 77 11/26/2013 Notice of Decision
Record on Appeal - Page 77 - Color 12/11/2013 Exhibit
Record on Appeal - Transcript - full text 11/26/2013 Exhibit
Harris Opening Brief 11/26/2013 Appeal
Planning Commission Opposition Brief 12/9/2013 Appeal
Harris Reply Brief 12/18/2013 Appeal
Final Decision 4/4/2014 Appeal