Anchorage Board of Adjustment and Anchorage School District v. LBJ, LLC

The Anchorage School District appealed the superior court’s decision reversing the Anchorage Board of Adjustment’s Decision and reinstating the Anchorage Platting Board decision that the School District upgrade the access along Yosemite Drive to standards equivalent to urban collector standards The Supreme Court affirmed by attaching the superior court’s decision in its entirety rather than writing its own opinion.

LBJ, LLC had developed Eagle Pointe Subdivision, a large development along Yosemite Drive which was 24 feet wide, paved with gravel shoulders except for the portion within the subdivision which was built to urban collector standards, meaning it is 33 feet wide with paved shoulders, curbs, gutters, and street lights. The final approval of the Platting Board included those standards and added sidewalks as critical safety issue. The School
District appealed to the Board of Adjustment which determined that the Platting Boards decision was not supported by substantial evidence, substituted its own judgment, and concluded that Yosemite Drive did not need to be upgraded to urban collector standards.

Although the School District emphasizes the long and somewhat convoluted procedural history of the case, the court determines that the significant factor is whether the proposed school plat is within an urban area, pointing out that by ordinance it must be compatible with the surrounding area. It reviews the record which shows that the surrounding properties are primarily R-1 and I-2 which are urban. The court determines as a matter of law that Yosemite Drive is an urban collector street and that the standards for that classification must be applied.

This entry was posted in 2010 Law Updates. Bookmark the permalink.