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Anchorage Bd. of Adjustment v. LBJ, LLC

Supreme Court of Alaska

April 2, 2010

ANCHORAGE BOARD OF ADJUSTMENT and Anchorage School District, Appellants,
v.
LBJ, LLC, Appellee.

Appeal from the Superior Court of the State of Alaska, Third Judicial District, Anchorage, Fred Torrisi, Judge.

W. Michael Stephenson, David A. Nesbett, Jermain Dunnagan & Owens, P.C., Anchorage, for Appellant Anchorage School District.

Robert A. Royce, Moira K. Smith, Ashburn & Mason, P.C., Anchorage, for Appellee.

Before: CARPENETI, Chief Justice, WINFREE and CHRISTEN, Justices.

OPINION

PER CURIAM.

The Anchorage School District appeals the superior court's decision reversing the Anchorage Board of Adjustment's decision and reinstating that of the Anchorage Platting Board. We AFFIRM the superior court's decision for the reasons expressed in that decision, which we attach as an appendix.

FABE, Justice, not participating.

APPENDIX

IN THE SUPERIOR COURT FOR THE STATE OF ALASKA THIRD JUDICIAL DISTRICT AT ANCHORAGE LBJ, LLC Appellant,

v.

ANCHORAGE BOARD OF ADJUSTMENT and ANCHORAGE SCHOOL DISTRICT, Appellees.

Case No. 3AN-06-4251 CI

Planning Dept. Nos. S-11099-3 & 4

Decision on Appeal [*]

The Municipality of Anchorage built a new high school in Eagle River near the end of Yosemite Drive, a road leading to a subdivision being developed by Appellant LBJ. The Platting Board found that this required the school district to improve the road, but the Board of Adjustment reversed based on a Traffic Impact Analysis, which concluded that no major upgrades were required. The developer argues that the latter decision was not supported by substantial evidence, and that because the road was designated an urban collector, the improvements were required by the city code.[1]

Summary of proceedings before Platting Board and Board of Adjustment

The Eagle Pointe Subdivision is some 93 acres, and has been under development since 1998. Partially occupied now, it will eventually have almost 300 residential units, and it is zoned R-l SL. Access to Eagle River Loop Road and the Glenn Highway is via Yosemite Drive, which is 24 feet wide, paved, with gravel shoulders, except for the portion within the Eagle Pointe Subdivision, which was built to " urban collector standards," meaning it is 33 feet wide, with paved shoulders, curbs, gutters and streetlights. The road was built by LBJ at the beginning of its development.

In 2003, the Municipality obtained preliminary approval to subdivide and rezone a 50 acre tract on the Glenn Highway (SW) end of Yosemite Drive, for construction of a new high school, Eagle River High. The Anchorage Assembly approved the rezoning. The new designation ...


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