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.
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
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).
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 20th, 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.
CBJ §49.15.250 provides the requirements for Development Permit Extensions with the following conditions:
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.
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.