Two appeals of Planning Commission decisions could be resolved when the Juneau Assembly meets on Monday.
“Substantial evidence” supports the commission’s approval of a conditional use permit allowing Coogan Construction to operate a rock crusher at a Montana Creek Road gravel pit, according to attorney Michael Lessmeier, who reviewed the facts of the case.
Lessmeier was acting as a hearing officer after the Assembly recused itself from ruling on the appeal. That’s because former Assembly member Ruth Danner was a vocal critic of the Planning Commission’s decision. Danner joined her neighbors, Peggy and Richard Mattson, who appealed the decision because they said the rock crusher would threaten health, safety and quality of life in the Montana Creek neighborhood.
But in his decision Lessmeier said, “The [Planning Commission] carefully considered, revised and added to the conditions proposed by the [CBJ Community Development Department] in order to address the concerns of local residents.”
Restrictions include the location of the crusher, days and times of operation, sound levels, screening and berming, as well as reclamation and sloping.
The case now goes back to the Assembly, which can either accept or reject Lessmeier’s findings. If the Assembly accepts, the Mattson’s could choose to challenge the matter in court.
An agreement has been reached to dismiss the other appeal before the Assembly on Monday.
The owners of the Professional Plaza office complex at Glacier Highway and Berners Avenue near the airport will be allowed to build a second driveway. But they’ll have to install additional signage.
Area resident Janet Thrower appealed the Planning Commission’s decision based on traffic concerns. The dismissal agreement is between Thrower, and George Elgee and Fred Baxter on behalf of Professional Plaza. Assembly member Randy Wanamaker acted as hearing officer in the case.
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