DATE:

DATE: October 2, 2001

TO: Planning Commission

FROM: Mark Jaqua, Planner
Community Development Department

FILE NO.: USE2001-00041- Conditional Use

PROPOSAL: An extension of a Conditional Use permit, USE2000-00020, to construct an 893 square foot quick service restaurant with a future second floor apartment and required parking.

GENERAL INFORMATION

Applicant: William D. Luedke

Property Owner: William D. Luedke

Property Address: 1050 Harbor Way (Harris Harbor), Juneau

Legal Description: Tidelands Addition, Block 51, Lot 4

Parcel Code Number: 1-C06-0-K51-002-0

Site Size: 893 Square Feet

Zoning: WC - Waterfront Commercial

Utilities: CBJ Water and Sewer

Access: Harbor Way

Existing Land Use: Vacant

Surrounding Land Use: North - Harbor Way/Egan Drive
                                    South - USDA Forest Service Facility
                                    East - Harris Harbor
                                    West - Harbor Way/Egan Drive

PROJECT DESCRIPTION

The applicant requests an extension of conditional use permit USE2000-00020 for the development of a 893 square foot one-story, quick-service restaurant with a future second floor apartment. The Planning Commission approved the permit with a Notice of Decision dated April 27, 2000 (Attachment A).

BACKGROUND

William D. Luedke has requested an extension of his conditional use permit, which will expire October 25, 2001. The Community Development Memorandum adopted in the Notice of Decision provided analysis of the site and project design. The staff memo listed project impacts with respect to traffic and parking, exterior lighting, public health and safety, neighborhood harmony, and conformity with adopted plans and Coastal Zone Management Plans. Staff recommended granting the conditional use permit (Attachment B).

On September 20^th, William and Kimberly Luedke applied for an extension of their permit, citing higher construction cost estimates and the need for further review of the cost effectiveness of the project.

ANALYSIS

CBJ §49.15.250 provides the requirements for Development Permit Extensions with the following conditions:

An application to extend a development permit must be submitted at least 30 days before the initial permits expiration date.
The burden of proof for justification of a development permit extension rests with the applicant.
A maximum of two, 118-month extensions are allowed.
At least ten days prior to the hearing, notice of the extension request must be mailed to adjacent property owners. At least two days prior to the hearing, a general notice shall be printed in a newspaper of general circulation in the municipality.

FINDINGS

Per CBJ §49.15.250, Development Permit Extension, the director makes the following findings on the criteria for granting the requested allowable use extension:

1. Was the application for the requested allowable use permit extension complete and received on time?

Yes. We find the application contains the information necessary to conduct a full review of the proposed permit extension. The application submittal by the applicant, including the appropriate fees, substantially conforms to the requirements of CBJ code, Chapters 49.15 and 49.35. The permit application for this extension application, USE2000-00020, was received 35 days prior to the permit’s expiration date.

2. Has the applicant submitted justification for the permit extension?

Yes. The applicant has submitted a letter stating that construction costs for the overall project were 150% over the original budget and that cost saving techniques in building design, as well as the viability of the project are being closely reviewed (Attachment C).

3. Is the extension within the allowable number of permit extensions?

Yes. This is the first permit extension application for USE2000-00020.

4. Have notices of the extension request been mailed to adjacent property owners at least ten days prior to the hearing and has a general notice been printed in a newspaper of general circulation at least two days prior to the hearing?

Yes. Notices were mailed to adjacent property owners on September 26, 14 days prior to the hearing. A general notice of the hearing was published on September 28, 12 days prior to the hearing.

Per CBJ §49.70.900 (b)(3), General Provisions, the director makes the following Juneau Coastal Management Program consistency determination:
5. Will the proposed development comply with the Juneau Coastal Management Program?

Based on the staff analysis in USE2000-00020, it is found that this project is consistent with the Juneau Coastal Management Program.

RECOMMENDATION

Staff recommends that the Planning Commission adopt the director's findings and grant the requested Allowable Use permit extension. The permit would allow an 18-month extension of Conditional Use Permit, USE2000-00020, to construct an 893 sq. ft. quick service restaurant with a future second floor apartment and required parking.