Permit vote delayed

July 16, 2006

By MARY AMES

Frontiersman

WASILLA - After listening to testimony from the public for about two hours, the planning commission voted Tuesday night to postpone any decision concerning Emerald Estates, formerly known as Shadowood.

Ken Duffus, an Anchorage developer, reapplied for a permit to build single-family housing on about 57 acres, with a revised density that complies with city code.

Shadowood, last year's proposed development, was within the maximum density code of the Mat-Su Borough, but exceeded the maximum density allowed under city code. The borough's platting board approved Shadowood at that time, but area residents protested that it should have been nixed because it violated Wasilla city code. The platting board denied the permit on reconsideration. Duffus appealed and lost.

Most subdivision permits are approved or denied on the administrative level. But permits for the subdivision formerly known as Shadowood were elevated to the planning commission because of its troubled history.

Drainage and roads in an area of steep slopes in the proposed subdivision were the greatest concerns of people who testified before the commission Tuesday. But the real hitch came when Duffus said, although he presented the development as single-family housing, that might not be what he would build. All his fact-finding discussions with Sandra Garley, city planner, mentioned only single-family housing, Duffus said.

&#8220But I don't want to be restricted,” he said. &#8220I told her our intent was single family, but never implied I'd stick with that.”

Hearing that, Stan Tucker, chair of the commission, balked.

&#8220We need information on your intent,” Tucker said.

Greg Koskela, a member of the commission who attended the meeting telephonically, said the original plat specified single-family housing, but he

didn't know whether it still did.

&#8220I'm not prepared to vote on it tonight,” he said.

Garley pointed out that the platting board had postponed its decision pending input from the planning commission.

&#8220They are depending on you for comment,” she said.

When someone changes their intent, it costs the city a lot of time and money, Tucker said.

&#8220I'm not willing to accommodate that,” he said.

Garley said she would like time to bring the commission a staff report on the subdivision if Duffus were to build duplexes, but the borough would need information from the planning commission in three days, and there wasn't enough time.

However, concerns from the Department of Transportation over road design could cause another delay.

In the end, the commission voted to postpone its decision and directed Garley to send a memo to the platting board requesting it give consideration to DOT comments.

The commission will discuss the Emerald Estates again at its next meeting on July 25.

Contact Mary Ames at

352-2284 or mary.ames@

frontiersman.com.