The Alaska Supreme Court has denied an appeal by a Juneau resident who sought to overturn the city’s approval of a neighboring landscaping business.
In February, the state Supreme Court met in Juneau’s Dimond Courthouse to hear oral arguments in four Juneau-related cases that reached the state’s highest level of appeals.
The Supreme Court on Wednesday published a memorandum opinion and decision in one of those cases, Anthony Zenk and Ruth Baumgartner v. City and Borough of Juneau, et al, affirming the superior court’s decision involving a greenhouse on Mendenhall Loop Road at Goat Hill.
Zenk contended that the City and Borough of Juneau’s planning process for the greenhouse, property of Landscape Alaska, was flawed.
The greenhouse and landscaping business aroused considerable opposition from its neighbors as the issue progressed to the Planning Commission, the CBJ Assembly, Superior Court, and then the Alaska Supreme Court.
Zenk and Landscape Alaska, owned by David Lendrum, share a driveway.
According to the judgment, Lendrum had sought a conditional use permit to relocate his existing greenhouse and landscaping business to the property in Bonnie Subdivision. He then sought to lease the adjacent parcel owned by CBJ and to amend the use permit application to include the municipal lot.
Neighbors opposed the permit, arguing the business would negatively impact home values, increase traffic, increase water runoff and potentially decrease water pressure. The Planning Commission held a hearing and issued the conditional use permit, subject to a list of conditions, for both parcels. The neighbors appealed first to the Assembly and then to Superior Court, which both affirmed the decision.
The Alaska Supreme Court found that Juneau Superior Court Judge Philip Pallenberg had correctly concluded that the conditional use permit did not constitute “spot zoning,” which is singling out a small parcel of land for a use classification that is totally different from that of the surrounding area.
It also found that the Planning Commission’s decision to issue the conditional use permit was supported by substantial evidence and permissible interpretation of ordinances, and that no violation of due process occurred.
• Contact reporter Liz Kellar at 523-2246 or liz.kellar@juneauempire.com.
