Petersburg Assembly overturns denial of Tlingit & Haida subdivision on Haugen Drive

The Petersburg Borough Assembly, sitting as the Board of Adjustment, voted unanimously Oct. 5 to overturn the Platting Board's denial of a minor subdivision for the Central Council of Tlingit & Haida Indian Tribes of Alaska. Six members voted to grant the tribe's appeal, approve the application and adopt the findings of fact and conclusions of law labeled Draft A as the board's decision.

The vote lets the borough convey a 10,036-square-foot parcel on Haugen Drive to the tribe, a sale the assembly approved June 15. The borough's appeal notice lists the case under Tidal Network, the tribe's broadband project.

The Planning Commission took up the application in January and July. At an Aug. 11 meeting, commissioners voted to ask the assembly to uphold their decision not to consider it, citing aesthetic, economic and safety concerns. The commission's September agenda listed the application as a matter on remand from the Board of Adjustment, and the commission, sitting as the Platting Board, denied it Sept. 8.

At that September meeting, Commissioner Sarah Fine-Walsh said the subdivision allows the conveyance under the contract and that the commission is not an appeals board for assembly decisions.

Vice Mayor Stan Gregor, who made the motion Oct. 5, said tribal President Richard Peterson's appeal showed why the denial was made in error. Gregor said he agreed the commission did not apply the controlling minor subdivision criteria and that the denial rested on possible future development concerns, not evidence that the land is unsuitable for subdivision. "Those are not adequate criteria for rejecting applications," he said.

Assembly Member Martin called the tribe's appeal well reasoned and pointed to Fine-Walsh's remark, saying it "should be taken to heart here." Member Valentine echoed Martin.