Planning Commission postpones decision on Huckabee subdivision plat-note removal after DOT signaled permit impacts

KENAI PENINSULA BOROUGH — The Kenai Peninsula Borough Planning Commission voted unanimously Aug. 11 to postpone consideration of a petition to remove plat note 4 from the Huckabee Subdivision (plat KN 83-154), after staff and DOT staff raised uncertainty about whether removal would void existing driveway permits.

The petition, filed as KPB file 2025-085, would remove a 1983 plat note that restricts driveway access among Lots 8, 9, 10 and 11 and currently limits access configurations in the subdivision. The applicant, Matt Miller, told the commission he owns Lot 10, has a sale pending on Lot 11, and seeks removal so a separate driveway could be installed to serve Lot 11 without forcing a driveway to cross the full easement of Lot 10.

The issue mattered to commissioners because Alaska Department of Transportation staff told borough staff that removing the plat note would void previous DOT driveway permits for lots on Mackay Lake Road and that each landowner would need to reapply for any new driveway permits. Planning Director Ruffner told the commission the borough’s historic record from 1983 is thin but that DOT historically limited the number of accesses on higher-speed roads such as Mackay Lake Road; the 1983 note appears to reflect that prior coordination.

Miller said Lot 10 currently houses a home and shares an existing driveway with Lot 9; Lot 11 is undeveloped and would be effectively “stranded” without access if the restriction remains. He said he has discussed shared access arrangements with the owner of Lot 9 and that he has a sale pending on Lot 11 contingent on the buyer’s ability to obtain access.

Commissioners pressed staff about options, including whether the petition could be amended to remove restriction only for Lot 11. Staff and a borough staff member identified as Vince said DOT’s position was broad: any alteration of the note could void the permits for the stretch of Mackay Lake Road and require all affected lots to reapply. Planning Director Ruffner recommended staff seek additional, higher-level comment from DOT, and commissioners discussed whether the commission itself should send a request. The potential buyer, Mike Warner, told the commission he supported postponement to allow time for clearer DOT guidance before he completes a purchase.

After discussion the commission voted to postpone action and asked staff to pursue further clarification with DOT and return the item to the commission. The motion to postpone passed on a roll-call vote with all present commissioners voting yes.

Next steps: Planning staff said they would escalate the request to DOT and seek a definitive statement on whether removal of the plat note would allow Lot 11 a separate driveway and whether DOT would reissue or deny new permits; the commission asked staff to return the item to the commission within about a month.