Planning board approves vacation of Canyon Road public-use easement despite resident opposition

The Anchorage Planning Board voted Aug. 5 to approve the vacation of recorded public-use easement 2016-013104-0 along Canyon Road and to approve a 24-month plat for the lots subject to conditions in the staff report.

Board member Sarah Catherine Bridal moved to approve the vacation and Patrick Jones seconded. Bridal told the board she did not come to the decision lightly and said the petitioner had not met the evidentiary standard clearly enough for some members, but ultimately she concluded the record met the approval criteria in Title 21. "I do not decline to approve," Bridal said as she presented the motion. The minutes record that the motion passed; the transcript does not include a roll-call tally in the public record.

Residents and the Glen Alps Community Council strongly urged denial during a lengthy public-comment period, saying the municipality paid for the easement and that a community-built foot trail and trailhead signs occupy the parcel. Greg Kuiper, who said he is with the Glen Elms Community Council and road board, argued the petitioners "have failed to meet the strict legal standard required by municipal code to strip this asset from public use" and noted the council’s unanimous resolution opposing the vacation.

Petitioner representatives, including Craig Bennett of Sfour Group, said the request is limited, meets code and will address drainage and constructability concerns on Lot 14. Bennett told the board that agency reviewers — including traffic engineering, right-of-way and water & sewer — had no objections and that prior right-of-way dedication during earlier platting had superseded the need for this recorded PUE in practice.

Board members who voted for approval said the PUE was largely created during an earlier era of uncertain alignment and that a dedicated right-of-way now exists over the road. Opponents asked for compensation or other remedies if a previously purchased easement is released. The board approved the vacation "subject to the condition shown on page 4 of the staff report," and later approved the related 24-month plat for the subdivision.

The planning director’s written findings, staff reports, and the record of public comments are part of the case file for S12889. The board did not announce a date for any appeal; municipal code requires a notice of intent to appeal be filed with the planning director within seven days of a decision made on the record.