Re: Cancellation of September 11, 2001 Planning Commission Hearing for USE2000-00040

Below are listed currently outstanding issues which need to be resolved prior to proceeding with a public hearing for USE2000-00040:

The reason that the hearing was cancelled, in part, was due to CBJ Land Use Code ß49.15.120(a):

Applications for permits will be accepted only from persons who have, or upon issuance of the permit will have, the legal authority to take action in accordance with the permit. All applications must be signed by the owners or lessees of the land to be subject to the permit.

In this case, access to the site would utilize an easement, which crosses Parkís property. When the application was originally submitted, it was the Community Development Departmentís understanding that Assembly Resolution 1557 included commercial access. Since the Community Development Department (CDD) has been informed that commercial access was not included in the Resolution, this application cannot be further processed until the landowner granting access to the site (in this case CBJ Parks) agrees to sign the application. This would be the case if the easement were across private property as well. Any project which requires access through another separately held lot, must have the consent of all property owners involved, prior to processing the application. Prior to further processing of this permit application, an easement for commercial access to the property must be recorded, and CBJ Lands and Resources Division must co-sign the CDD Development Permit Application as landowner providing access.

Although the applicant submitted a report on September 4, 2001, which does appear to address relevant AASHTO policies, it was not certified by a licensed professional engineer. The alternative of a topographic survey prepared by a registered land surveyor was not submitted along with the evaluation. This item was specifically requested by the Planning Commission and was not appealed. Until it has been received, or new instructions have been issued by the Planning Commission, the application will be considered incomplete.

Given the above deficiencies in the application, it was determined by the Community Development Director, Oscar Graham, that it was impossible to bring the application USE2000-00040 to the hearing at this time.