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Board of Adjustment delays hearing on appeal 2024-02 after two members declare conflicts
Summary
The Anchorage Municipality Board of Adjustment postponed proceedings in appeal number 2024-02 after two board members said they were conflicted; staff advised waiting for a new appointment to create a three-member hearing panel.
The Anchorage Municipality Board of Adjustment on Monday suspended action on Board of Adjustment appeal number 2024-02 after two members said they had conflicts that prevent them from serving on a three-member hearing panel.
The suspension came after Member Laffey said he served on the planning board when the original decision was made and is therefore ineligible, and Member Peace said she participated in the original public comment period as a member of the Rabbit Creek Community Council and would be a witness in the lower proceeding.
The issue fell to staff for a procedural recommendation. Dean Gates said the board needs a panel of three members to hear the case and that, in similar past situations, the board has waited for an additional appointment. "We're probably looking at at least 3 weeks," Gates said, citing the 10-day public comment period that follows a mayoral appointment sent to the Assembly for confirmation and pointing to the next Assembly meeting dates as likely milestones.
Chair (unnamed) said the board would not schedule a hearing immediately and instead would wait for the mayor's office to appoint a fifth member, then calendar the appeal once a non-conflicted member is in place. "I will... suspend the matter for today, pending a new member being appointed to the board," the chair said.
Board members approved the meeting agenda and minutes earlier in the session. The meeting closed with an adjournment motion; the chair reminded attendees that the Board of Adjustment does not accept new testimony or comments on matters currently under appeal and warned members of the public not to comment on the Mills subdivision case during audience participation.
The board indicated it will monitor appointments from the mayor's office and expects a potential window to have a replacement by the Assembly meeting on Feb. 25; Gates said an appointment at the Assembly meeting on Feb. 11 would be unlikely but not impossible. No formal hearing date for appeal 2024-02 was set.
Votes at a glance: The board approved the meeting agenda, approved the minutes of the previous meeting, and adjourned. Specific vote tallies were not specified in the transcript.
