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Planning officer asks for reconsideration of Cooper Woods Phase 2 approval after discovery about second‑story deck; board grants rehearing

5614787 · August 21, 2025
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Summary

Planning staff requested reconsideration of Cooper Woods Phase 2 Lot 16B approval after learning a second‑story deck protruded into the setback and utility easement; the planning board voted to reconsider and schedule a new hearing, with one member recorded in opposition.

The Matanuska-Susitna Borough Planning Commission voted Aug. 21 to reconsider its prior approval of a vacation associated with Cooper Woods Phase 2 after planning staff discovered a second‑story deck that staff says is higher than 18 inches above grade and therefore counts as part of the structure for setback purposes.

Planning officer Fred Wagner filed the reconsideration under the borough’s rules governing reconsideration of planning board decisions, citing "newly discovered evidence or a change in circumstances" that could not have been discovered earlier. Wagner told the commission that the deck is a second‑floor structure and that, if left in place, it would remain inside the setback and within a utility easement despite the earlier vacation action. Wagner said the intent of the reconsideration was to add a condition that the deck be removed or otherwise addressed so the vacation would accomplish the intended result.

The board discussed whether the violation stemmed from the dwelling or the deck and noted that previous packets had not included a drawing that clearly showed the deck as a second‑floor feature. After discussion, a member moved to add the reconsideration to the commission’s next agenda and the motion passed; the transcript records Planning member Amanda Salmon as opposed to the reconsideration. The reconsideration will be scheduled for Sept. 18, at which time the petitioner and members of the public will have the opportunity to present evidence.

Planning staff emphasized that the reconsideration seeks to resolve the structure‑in‑setback issue and avoid repeated citations or future noncompliance.