HomeMy WebLinkAboutFASSLER Denied S-10842Fassler
Denied
5-10842
-� Municipality of Anchorage ;.T
Development Services Department
MEMORANDUM Building Safety Division
DATE: November 7, 2001
TO: Jerry T. Weaver, Jr., Platting Officer, CPD
FROM:Cross, PE, Program Manager, On -Site Water & Wastewater
SUBJECT: 4 Comments on Cases due November 15 & 16, 2001
The On -Site Water & Wastewater Program has reviewed the following cases and has
these comments:
S-10847 Pleasant Valley Subdivision.
No objections.
S — 10608-2 Rhyneer Time extension.
No objections.
S —10794-2 Knik Heights Subdivision.
No objections.
c
S-10842 Fassler
No objections.
S-10845 Tudor Business Park.
No objections.
S-10846 Woebegon Subdivision.
No objections.
S-10848 Haxby Subdivision.
No objections.
02/07/02 15:31 FAS 90T 343 4220 Community Plaanlns + CROSS 2002/015
C.
D.
MUNICIPALITY OF ANCHORAGE
PLATTING BOARD
SUMMARY OF ACTION
FEBRUARY 6, 2001
ROLL CALL
Board Members Present: Barrier, Capps, Caress, Deak. Hooyer.
Richter, Shriver, Walsh
Board Members Excused: Poulton
Staff Present: Weaver, O'Brien, Soule,
SUMMARY OF ACTION AND MINUTES
1. Summary of Action
a. January 16, 2002—APPROVED
2. Minutes
SPECIAL ORDER OF BUSINESS
1. Notice of Reconsideration by Board Member Walsh
a. Case 5-10842 Fassler Subdivision
Motion to reconsider the request to remove Note No. 1
from Plat 86-86 that prohibits direct vehicular access
to Monron Sheet from Lots 1 & 5. Fassler Subdivision
FAILED.
CONSENTAGENDA
1. Time Extension
a. 5-30349 Tracts 69C, 69D & 74A, Section 33
Postponed to March 6, 2002 Platting Board meeting,
as public hearing notification is required for the
second 18 -month time extension request.
2. Findings of Fact
Cross, Jim E.
From:
Cross, Jim E.
Sent:
Friday, January 04, 2002 12:09 PM
To:
Weaver, Jerry T.
Cc:
O'Brien, Margaret R.
Subject:
Fassler Sub.
Jerry,
I received a call today from Mike Anderson, who Is the engineer on Fassler Sub, S -10842. He said that you were
recommending that the plat note requiring the properties to be served by public water not be removed. As you may or
may not know, I have assured him that 1 would support the plat note removal.
I sent some info on this to your office earlier, and I just wanted to be sure you had taken this Into account when you made
your decision. Here is a chronology of events from our side.
• First of all, the On -Site Program issued two well permits in error on this subdivision. Standard on-site permit requests
(for both water and wastewater) were submitted, and the engineer in on-site who issued the permits missed the plat
note requiring community water.
• That error was caught, and the section delayed a subsequent permit request trying to determine how to proceed.
• We were given a summary of a meeting involving a representative of the builder (Mike Anderson, the engineer who
represented Paul Myers), the APU and David McCabe, owner of Dawn Water. This summary stated that Mr. McCabe
Initially refused to serve Fassler Sub. due to concerns he had of maintenance (and other) requirements that could be
made on his system. I have sent a copy of that letter to your office.
• I talked to the original subdivision reviewer (who no longer works for the muni) to determine why the plat note was
added at the time of subdivision approval. She stated that this subdivision was being approved a year or so prior to
the change in AMC 15.65 that required 40,000 sq. ft. for any lot to be served by a on-site wastewater disposal system.
And she thought that she should oextracr some sort of concession because these lots were less than the proposed
40,000 sq. ft. requirement.
• My conclusion after that conversation was that the requirement and note had no basis in code. There was adequate
water to serve these properties with Individual wells, and if the properties met all of the current (today's) code
requirements for development, then they should be allowed to be developed.
• Hydrologically, there is no more water available to these properties using a community well than there is using
individual wells. The geographic area and aquifer serving this area can support a certain level of appropriation, and
there is not a great difference due to the method. In other words, you can't produce more water with a community well
than you can with multiple Individual wells.
• After making these determinations, I told the engineer (Mike Anderson) that if he submitted the paper work to remove
the plat note, I would issue him the additional permit he had applied for.
• I never stated that I would guarantee the plat note removal, as that is out of my authority. But I did state that I would
support the removal of the note, as I have done.
• In retrospect, I should have talked with you prior to making any action on the subsequent permit.
Jim
ANDERSON ENGINEERING
P.O. BOX 240773
ANCHORAGE, AK 99524
522-7773 522-6779 (FAX)
MEMORANDUM
DATE: December 5, 2001
TO: Jim Cross, P.E.
FROM: Mike Anderson, P.E.
SUBJECT: Fassler Subdivision Plat Notes
Attached is a letter I wrote to MM&M Contracting summarizing a meeting I had with
David McCabe and members of the State of Alaska Public Utilities Commission. The
outcome of the meeting was that McCabe was unwilling to serve Fassler Subdivision
because he did not wish to go through the public input process.
The only remaining option to provide water to Fassler Subdivision is with individual
wells. Lot 4, Fassler Subdivision has been served by a private well for the past several
years. Please let me know if you have additional questions.
Post -It^ brand fax transmittal memo 76711 s e1 pages s
F%
May 21, 2001
MMRM Contracting
P.O. Box 670495
Chugiak, AK 99567
Attention: Arlene Myers
Subject: Fassler Subdivision
Annexation to the Dawn Water System Service Area
Dear Arlene:
met today with Dave McCabe, his bookkeeper and Paul Morrison and James Keen of
the State of Alaska Public Utilities Commission. The purpose of the meeting was to
outline the process to increase the service area of the Dawn Water System to include
Fassler Subdivision. Mr. McCabe explained Fassler Subdivision was currently in the
service area controlled by AWWU, but indicated they had notified him in writing they
had no objection to relinquishing the area to Dawn. He also stated he was reluctant to
begin the process of annexing Fassler Subdivision because he felt several other
problem areas would be allowed to enter into the process.
Mr. Morrison stated McCabe would have to file a transfer application with APUC
requesting the service area be transferred from AWWU to the Dawn Water System.
The process would take a minimum of 6 months from the date the application is
received in the APUC office. The application would be reviewed for 15 days and then a
public notification would be published for 30 days. Public input would be solicited
during that time. Barring any unforeseen circumstance the application would then be
reviewed by the board along with all comments and acted on. Morrison seemed to feel
the application would probably be approved.
Mr. McCabe was very reluctant to pursue the transfer unless APUC could accomplish
the task without public comment. He feels that the board will listen to the complaints
registered by residents of Meadowridge Subdivision and other areas currently served
by the Dawn Water System even though their complaints would not be applicable to the
Fassler Subdivision issue. He anticipates as much as two years of his time and effort to
achieve the transfer. He stated several times the revenue from Fassler Subdivision
could not offset the time and effort he would have to expend to provide water service.
He further stated that if APUC could not find an easier way to transfer the service area
to Dawn he would not be willing to go through the formal application process.
In summary, it appears Mr. McCabe is very reluctant to go through the standard
process to extend the Dawn Water System Service Area to include Fassler Subdivision.
Even if he does, it will take 6 to 9 months before the service area is transferred and the
water can be turned on. This will delay your home sales in this subdivision
substantially. Please let me know if you have further questions concerning this matter.
Sincerely,
7'1
Michael E. Anderson, P.E.
September 25, 2001
ANDE_RSON:ENGINEERING
P O. BOX 24077$,
" ANCHORAGE, AK 99524'.,
5224773 7- 522-6779IFiW
Municipality of Anchorage
Community Planning and Development
Zoning and Platting Division
632 W. 6" Avenue
Anchorage, AK 99501
Attention: Mr. Jerry Weaver
Subject: Fassler Subdivision
Plat Note Deletions
Dear Mr. Weaver:
-30
S10842
$10 8 4 2 DEC 52001 ato
We are hereby requesting that the following notes be removed from the Fassler Subdivision Plat:
"Direct Vehicular Access to Monron Street from Lots 1 & 5 is Prohibited.
All Lots Will connect to the Public Water; No Well Permits May be Issued on this Subdivision.
Private Well on Lot 4 to be Abandoned and Public Water Connection Made by 12/31186."
The plat was recorded in 1986 when public water was anticipated to be readily available to this
subdivision. No water line development has occurred since that time and none is planned for the
future. A recent meeting with representatives of the Dawn Water System and the State of Alaska
Public Utilities Commission indicated the service area is currently controlled by AWWU. They
are not planning to extend service to Fassler Subdivision, but would transfer the control of the
service area to the Dawn Water System. Dawn Water System is currently unwilling to annex the
area and provide water service.
Currently Lots 1, 2 and 3 of Fassler Subdivision have been granted well permits from the
Development Services Department of the Municipality. The wells have recently been
constructed and appear to deliver sufficient water to meet Municipal requirements. A Certificate
of Health Authority was recently issued for the well on Lot 2 pending the removal of the plat
notes concerning the well and water system. The well on Lot 4 has remained in service since
1986 in conflict with the plat note requiring a public water connection.
We are also requesting the deletion of the note concerning access to Monron Street. Monron
Street is currently a dead end street and has a daily traffic volume of less than 50 vehicles per
-Fasslcr Subdivision
Plat Note Deletions
September 25, 2001
Page Two
day. There are no plans for further development of Monron in the near future. All lots fronting
on Monron have driveways entering onto Monron. Adding Lots 1 and 5 of Fassler Subdivision
will have little or no impact on traffic flow or safety along Monron.
Included is a check in the amount of $350.00. It is our understanding a public hearing will be
scheduled to discuss the deletion of the notes from the Fassler Subdivision Plat. Please let me
know if additional information is required or if you have any questions.
Sincerely,
,, ��
14 --" -
C044'j�
Michael E. Anderson, P.E.
Attachments
S10842 DEC
52001
12/07/01 10:08 FAZ 907 343 4220 Communitr P1annlnit _ + CROSS/0000/007
planing Board
Summary of Action
December 5.2001
Page 5
3. Resolving the need for drainage improvements and
drainage easements with Project Management and
Engineering and Street Maintenance.
4. Resolving the need to submit a water runoff collection
and treatment system plan and obtaining an NPDES
permit, if required, from Project Management and
Engineering Department.
5. Resolving the need to enter into a into a subdivision
agreement with the Private Development Section for
drainage improvements, if required.
6. Resolving with the Traffic Department, the need for plat
access notes for those lots fronting onto Arctic Boulevard.
C. S-10839 We Crossing Subdivision
Withdrawn by the petitioner.
d. S-10836 Third Addition with Vacation and variance
Approval of the vacation request subject to filing a suitable
replat within 18 months.
Approval of the variance from AMC 21.80.250 to dead-end
the alley abutting the south property line.
preltminary plat postponed to February 6. 2002 at the
petitioner's request.
C. S-10794 Snik Heights Subdivision with Vacation and
Variance
Withdrawn by Mr. Ray Cunningham, one of the four
petitioners.
f. S-10842 Fassler Subdivision Plat Notc Amendment
Postponed to January 16, 2002.
ROUTI1 CRABTREE, APC
ATTORNEYS AT-LAiV
3510 SPENARD ROAD, SUITE 200
ANCHORAGE, AK 99503
(907) 2224300 FAX (907) 2224396
December 17, 2001
Northrim Bank
Eagle River Branch
11431 Business Park Blvd.
Eagle River, Alaska 99577
Assemblyman Dan Kendall
P.O. BOX 770616
Eagle River, Alaska 99577
Building Code Enforcement
P.O. BOX 196650
Anchorage, Alaska 99519-6650
Alaska Public Utilities Commission
Regulatory Commission of Alaska
Agnes Pitts, Consumer Protection
701 W. 8th Avenue, Suite 300
Anchorage, Alaska 99501
Chugach Community Council
Council Chair Sharon Minsch
P.O. BOX 671350
Chugach, Alaska 99567-1350
Dear Reader.
rgD
DEC 216 2001
OFFICE OF
ENFORCEMENT
My client, Colonel Wayne Lindsay, owns a residence in Peters Creek, Alaska, located
on Lot 4 Fassler Subdivision, and the adjoining lot, Lot 5 Fassler Subdivision. He has lived
in the residence for approximately five years.
Colonel Lindsay's source of water is a well in Lot 4. This well pre -dates the
subdivision of the Fassler homestead into the six lots it encompasses today. The plat notes
on Fassler Subdivision indicate that no water wells were to be permitted in the subdivision
after public water became available. The plat notes also prohibit access to the lots via
Monron Drive. Colonel Lindsay's well produces a limited amount of water, and as a result,
LETTER CONCERNING WATER RIGHTS
RLCtgmc 1233.0000
Page 1 of
my client had to reduce the number of bedrooms from 4 to 3 in order to meet lender and
municipal requirements.
Quite some time ago Dawn Water Company ran a water main to the cul-de-sac
located in the subdivision, but has declined to provide water to the subdivision. The main
reason for such refusal appears to be that the water company does not want to bear the
expense of obtaining regulatory approval for the expansion of its service area to Fassler
Subdivision because the amount of revenue to be derived from a six -unit subdivision would
be minimal in comparison to the expense and bother of obtaining public utility commission
approval.
MM&M Contracting, Inc. (Paul and Arleen Meyers) has acquired Lots 1, 2, 3, and 6
of Fassler Subdivision and have built or are building single family residences on each of
those lots. They have chosen to ignore the plat notes prohibiting the drilling of wells in the
subdivision and have had wells drilled on each of the lots. They have sold the residence they
built on Lot 2 to Kyle and Darcy Lucy. The Lucys appear to be using the well MM&M had
drilled on that lot for their domestic water source.
My client has registered his water rights, and is taking steps, including the writing of
this letter, to protect his water source. As noted above, my client's source of water is limited,
and he has reason to believe that the withdrawing of further water from the source that his
well draws from will adversely impact his supply of water. MM&M appears intent on
ignoring his rights, and the rights of the buyers and would-be buyers of the other lots in
Fassler Subdivision to have an adequate water supply. MM&M has, among other things,
attempted to have the subdivision plat amended to delete the plat notes prohibiting wells and
prohibiting access to the lots from Monron Drive. My client has protested such amendment
for the reasons stated above, and because of esthetic concerns relative to the Monron access
issue. Any attempt to amend the plat note by MM&M must be justifiably denied if at least
one-third, if not one-half, of the owners of lots in Fassler Subdivision object to the
amendment.
The purpose of this letter is to alert you to the fact that MM&M's development of its
lots in Fassler Subdivision are in violation of the plat notes, and perhaps of my client's
registered water rights. There is no way to know what the Meyers' are telling prospective
buyers about their source of water, but given the facts, I seriously doubt that whatever it is,
that it is the truth. Colonel Lindsay is considering taking legal action to enjoin further
violation of the plat notes and his rights, and may well do so unless MM&M does the right
thing and induces Dawn Water Company to hook up its service to the affected properties.
I am also writing to you in hopes that you will not take any action that would assist
MM&M and its owners in violating my client's rights and the rights and reasonable
expectations of the buyers of the houses that they are building in Fassler Subdivision.
Sincerely yours,
LETTER CONCERNING WATER RIGHTS Page 2 of 3
RLClgmc 1233.0000
ROUTH CRABTREE, APC
Richard L. Crabtree, Esq.
cc: Colonel Wayne Lindsay
P.O. Box 672552
Chugiak, Alaska 99567-2552
LEITER CONCERNING WATER RIGHTS Page 3 of 3
RLGgmc 1233.0000
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