Platting Board Denies Shawn Street Vacation Amid Gaming Hall Concerns

The Anchorage Platting Board voted Tuesday night to deny a request to vacate Shawn Street right-of-way in Birchwood, following staff recommendations that the undeveloped street may be needed for future access to residential lots to the north.

The board rejected the vacation request from Julie Jorlette and Sean and Lori Barnett, who sought to eliminate the 60-foot right-of-way between their properties on Alluvial Street. The petitioners argued the vacation would protect their residential neighborhood from potential commercial traffic related to the Native Village of Eklutna's gaming hall operations on adjacent parcels.

Planning staff recommended denial after multiple municipal departments objected to the vacation. The Municipality of Anchorage Traffic Engineering Department, Private Development, Right-of-Way Section, and Eagle River Street Maintenance Section all raised concerns that the right-of-way may be needed to provide access to undeveloped Lots 79 and 80 to the north, each 2.5 acres in size.

"This vacation would be detrimental to the future needs of the public in that it would forego right-of-way that may be needed to provide access to the residential zone lots to the north," planning staff wrote. The right-of-way was originally dedicated in the 1980s when the properties were platted.

Jonathan Lang, representing the petitioners, said alternative access exists through 50-foot patent right-of-way reservations along the northern boundaries of the properties. He presented site plans showing the Native Village of Eklutna has paved portions of residential-zoned Lot 67 for use as parking for the Chinnin Gaming Hall.

"We ask the board to consider adopting the following findings based on the information that we have provided," Lang said. "Both legal and buildable access is available to the adjacent properties. Therefore, the Shawn Street right-of-way is in excess of municipal need."

Sean Barnett, who has owned his property for close to 50 years, testified that he and his wife fear the Native Village of Eklutna may use Lots 79 and 80 for commercial purposes. "We do not want the potential for commercial traffic driving down Alluvial Street," Barnett said. "Alluvial Street is a residential area, safe, quiet, peaceful."

Brian Hall, who owns property on Lot 85, warned the board about potential future complications if the gaming hall expands. "If this gaming hall is developed, this is what you are going to see. You are going to see us battling something different as residents," Hall said.

Michael Schechter, an attorney representing the Native Village of Eklutna, countered that the village purchased Lots 79 and 80 on the open market and has not determined future plans for the properties. He said any commercial development would require rezoning through the standard municipal process.

"The Native Village of Eklutna is trying to figure out what to do with those parcels," Schechter said. "If Shawn Street is vacated, then the village's ability to get a return on the investment of their property as residential use is diminished and destroyed."

Planning staff confirmed that a parking lot on residential property is not a permitted use under the Chugiak/Eagle River R6 zoning district. Staff also noted that if Lots 79 and 80 were rezoned to commercial in the future, municipal agencies would be amenable to vacating Shawn Street at that time, as they would not support commercial traffic through a residential neighborhood.

A board member added findings clarifying that a parking lot on residential property is not permitted and that if the properties are rezoned to commercial, the board could reconsider the vacation request. "I would add the finding that, as clarified by staff, a parking lot on this residential property is not a permitted use. I would also add the finding that if this is rezoned to commercial, we would be able to look at this at a different time," the board member said.

The motion to approve the vacation failed on a vote. The board then voted on a second motion to approve the preliminary plat without the vacation, which also failed.

The Shawn Street right-of-way was dedicated in two separate plats in the 1980s. Plat 82-341 dedicated the western half for Lot 83B, and Plat 84-457 dedicated the eastern half for Lot 1. The right-of-way has never been developed and currently serves as a driveway for one of the properties.

Municipal agencies stated in their comments that the vacation request is not surplus, as the potential for residential growth outweighs the probability of commercial development in the location. Staff noted that vacating the right-of-way would eliminate the option to develop a loop street pattern from Alluvial Street north to Birchwood Spur Road.

The petitioners may resubmit the vacation request if circumstances change, such as if the adjacent lots are rezoned to commercial use.