PLATTING BOARD MEETING - Municipality of Anchorage

PLATTING BOARD MEETING Page 22
May 4, 2005
Hills to Cloud Nine and to the west of that there is platted access. As an alternative, the
owner of Lot 1A2 has agreed to grant a 60-foot easement along his south property line
from the existing 60-foot roadway to the boundary line of Cloud Nine. This would
provide uninterrupted access, if necessary. BOARD MEMBER KREGER understood
that if the existing access is not legal, there would be a problem, but that problem is
addressed by taking access through another landowner’s property. He asked whether
there is a solution such as going through another property where legal access is not in
contest if the Board does not want to resolve the issue of whether or not access is legal.
MR. LANG deferred to Ms. O’Brien.
BOARD MEMBER LINNELL felt it would be fair that Cloud Nine Lots 1-3 would join
into the Rabbit Creek Heights Subdivision LRSA and Lots 4-5 would join the LRSA for
the Marguerite Subdivision area. MR. LANG indicated that is the intent. BOARD
MEMBER LINNELL asked how this requirement could be included in the conditions.
MS. O’BRIEN suggested adding a condition that requires the owners of Lot 1, 2 and 3
participate in the Bear Valley LRSA. She did not believe a LRSA has been established
within Marguerite Subdivision, but there are subdivisions coming forward next month in
this area and one of the proposals is to either have those subdivisions join an existing
LRSA or create one. The plat could be conditioned to join an existing LRSA or join one
that is created in the future.
The public hearing was closed.
BOARD MEMBER LINNELL moved for approval of the variance from AMC 21.80.200
for legal and physical access for Lots 4 and 5.
BOARD MEMBER WALSH seconded.
BOARD MEMBER LINNELL stated the variance meets the requirements to grant a
variance and, given the access issues surrounding this subdivision, granting the variance
is in the best interest of the subdivision.
BOARD MEMBER KREGER noted that discussion of one of the criteria for approving a
variance involves the question of legal access from the west to Lots 4 and 5. Assuming
that the question of whether or not legal access exists is still in contest, he asked if it
would be appropriate to approve the variance. BOARD MEMBER LINNELL felt the
courts would determine the matter of the legality of the access, and the Board can
presume it is legal based on the material provided.
AYE: Caress, Phelps, Linnell, Shriver, McKay, Walsh, Kreger
NAY: None
PASSED