There’s no white flag and no truce on the horizon for Juneau’s Veterans for Peace as a second pre-appeal hearing fails to bring a settlement in the group’s fight against a proposed 3,000 square-foot ground-level retail space and a 10-lane underground gun range.
Veterans for Peace Juneau Chapter president Phil Smith and owners of the Mercantile and Armory LLC met with City and Borough of Juneau Assembly Member and appeal hearing officer Loren Jones and CBJ Senior Planner Greg Cheney Tuesday for a second pre-appeal hearing in City Hall.
Smith said the appellants failed to address his main appeal concerns in a multi-page record provided to the appellant after the first pre-appeal hearing in January. That concern was that the city failed to properly address human health and safety during deliberations by the City and Borough of Juneau Planning Commission of Mercantile and Armory LLC’s building permit.
The commission approved the Armory’s Conditional Use Permit on Dec. 11, 2012. Smith submitted an appeal for Veterans for Peace on Jan. 2.
CBJ Senior Planner Greg Cheney represents the Planning Commission. He said the city contacted Juneau’s police department and asked if officers had any concern about the Armory opening its business. There was no concern, he said.
Smith said he did not see that described in the city’s record and wanted some documentation of the conversation or to interview the city staff involved.
Smith said his second concern was also unaddressed. Before and during the Planning Commission’s hearing the Armory owners conducted site work on the proposed location at the corner of Yandukin Drive, Crest Street and Airport Boulevard. Smith said this gives an impression of confidence that the owners, including CBJ Planning Commissioner Dan Miller, knew the permit would go through.
“I’m not accusing anyone of anything,” Smith said. It just gives enough of an impression that it deserves a deeper look, he said.
Appellees and Armory owners CBJ Assembly Member Dan Miller, Sloan Swendsen and Jason Tarver were all in attendance. The group has acquired attorney Daniel Bruce of Baxter Bruce and Sullivan Attorneys at Law. Bruce will speak for the Appellees. They are withholding comment at this time.
During the pre-appeal hearing Bruce said the Armory’s pre-permit work is normal and does not indicate nefarious intent.
“Developers have a reasonable expectation to have their permits approved,” Bruce said. He said Smith’s written accusation amounts to libel.
Appeal Officer Jones plans to deliver a final report to Smith before the end of the week. After several weeks of back and forth between the parties an appeal hearing could happen as early as April 1.
• Contact reporter Russell Stigall at 523-2276 or at russell.stigall@juneauempire.com.
Comments (31)
Add comment“Developers have a reasonable
“Developers have a reasonable expectation to have their permits approved,” Bruce said. He said Smith’s written accusation amounts to libel."
Sue him. People who make false accusations should be held liable.
Smith, & his small group of
Smith, & his small group of bed wetting, brain dead leftist should have brought their arguments to the planning commission BEFORE approval.
Not that I think it would have mattered, since their opposition is based on nothing but irrational fear, like most of the far-lefts arguments.
comment
These misnamed veterans for peace have chosen the oddest issue in order to avoid protesting drones killing US citizens, Obama's failure to close Gitmo, the ongoing Mideast war, US troop deployment in N. Africa, and other issues inconvenient but otherwise distasteful to them. Because Obama is in office this group of aged hippies apparently avoids at all costs protesting anything now done by the federal government. How silly and how wasteful of CBJ resources.
What next?
Building permits based on political belief? Let this project proceed!
Resurrected
These defrocked Veterans for Peace should nename themselves the Juneau chapter of Sisters of Perpetual Indulgence.
Sure
Phil and the bag ladies need to give it up and get a life.
Go after OB's drones and the purchase of 5 bil rounds of 40 cal ammo for Homeland Security and the other agencies that are getting ready to put the public into line.
Do something real with your efforts. No more bush leauge showboating.
Image
You look at all of the hate-filled vitriol above and it's pretty easy to see why so many members of the public perceive gun ownership so negatively.
Opinions
Everyone is entitled to their own opinion. If some people fear JMA let them be informed there is no reason to be afraid. The owners of JMA have families of their own they would do nothing to put at risk. I recently have visited an indoor shooting range. They are very well put together and safe. They wouldn't have indoor ranges like these around the US if they weren't safe. I persoanlly think people aren't so much afraid of the shooting range as they are of the idea of simi automatic guns being sold. But personally I think people are targeting JMA the wrong way. Rayco, Freds, Walmart, Western Auto. There are many places around town that have already sold lots of simi auto guns to the community. Im not saying people shouldn't be afraid. Im just saying people should express their true fears. Please take in to consideration that after I went to a shooting range and shot some very amazing powerful guns. I was over it. I didn't want to shoot anymore sure as hell didn't want to buy one. But I got the opportunity to try. People think this range will give people the opportunity to be dangrous? More than half the people in this town wont be able to afford these guns. Much less rent them to shoot a couple rounds. I think once people from the Veterns of Peace hear how safe this actually is going to be they will be more at ease and come to terms with this idea.
Planning Commission
The planning commission's purpose, per CBJ website:
"The Planning Commission reviews and updates the Comprehensive Plan and Capital Improvement Program, as well as City projects. The Commission also reviews private and public development plans for compliance with adopted City plans such as the Land Use Code. Also, the Commission functions as the Board of Adjustments in reviewing Variances and Code interpretations. "
What this does NOT say is that the planning commission's job is to decide what is morally right for the community. You do that when choosing where to spend your disposable income. Don't like it? Don't spend your money there. That was simple, wasn't it?
i say build it
Soldiers with PTSD need a place to pop off a few rounds. Also, teens with mental disablitilies need to learn proper gun training. I think it's a great idea to have a trained NRA official teach your kids about gun safety, rather than having the parents themselves teach their kids about the power/safety of guns.
From what I read these are
From what I read these are not even Veterans
These guys are heros
Thank you Veterans for Peace for helping to save lives by limiting the gun culture.
Just a reminder
There are no private indoor firing ranges in Anchorage. Gotta go to Palmer... Juneau is a pretty liberal town, or at least downtown Juneau. It's uncommon to see a liberal city like Juneau permit an indoor firing range like this so quickly. There have to be safeguards in place that avoid injury and death at a self-proclaimed "family-oriented" indoor firing range. This is the issue that residents of Juneau have appealed.
There are examples all across the country of injury and death at firing ranges, whether accidental or not. Indoor firing ranges are only as safe as the operator allows, and Juneau residents are requiring the highest level of safety or nothing. There are no firing ranges in Anchorage because it's very difficult to provide this level of safety and still turn a profit. The residents of Juneau have to approve the level of safety if this is going to be a business within city limits. Fred Meyer, Rayco, Wal-Mart... they don't allow customers to buy a gun, load it and fire it within the store.
I'm surprised this message board is so gungho on this. Are we that interested in supporting private business that we are willing to disregard safety within our town?
Costs to Juneau Taxpayers
With criminal charges, taxpayers pay for your lawyer if you can't afford one. This is understandable in theory. After all, defendants have no choice, all must be defended in criminal matters. This appeal, on the other hand, is being pursued by Veterans For Peace as their free choice. If they chose not to pursue the appeal, they would simply relent to a legal activity for which they philosophically disagree. The problem is, Juneau property taxpayers are footing the bill to the tune of about $40,000 for the City. The appellee will probably spend about $20,000. The Veterans For Peace are creating all this additional cost with impunity. This appeal system is dysfunctional; it is clear that VFP is using it as a vehicle to promote its agenda at taxpayer's expense.
Phil Smith thank you for
Phil Smith thank you for speaking out and holding CBJ accountable for their decisions. You are a brave man. What is wrong with CBJ? A deeper look is most certainly warranted here.
I certainly do not feel that contacting the police department is properly addressing Phil Smiths concerns or mine about public safety. I have contacted the police department on a number of issues and my concerns were just brushed off.
JPD is CBJ. What is needed is objective views and information.
@ cheeesypoof
Not only is there a range in Anchorage it is maintianed by the State of Alaska...It is very well organized and very safe as they have an employee overseeing Everything that is happening on the property...not just on the firing line. A roof does not change anything in the way of firearm safety.
Indoor gun range
It's going to be nice to shoot inside a "warm"
well lit facility.
beancountingzombie
Yes, the Rabbit Creek Park is state owned and operated as you mentioned. Therefore it is not a private indoor range, as I mentioned before. Juneau in fact has a similar range owned and operated by the state. It's located out Montana Creek Road.
What is your point?
I am just stunned by the lack
I am just stunned by the lack of a "objective" reviewing process at the planning commission.
@Poof
It isn't indoors...
If you don't think the place will be safe, don't go there. Less of a wait time for myself and other responsible gun owners to practice.
imaginative, creative and unrealistic
is a good way to sum up many of the complaints on both sides of this issue.
fdubzou
What isn't indoors? The Montana Creek indoor range is most-definitely indoors. The Rabbit Creek range, which beancounter brought up, is not. I still don't know why he mentioned it since it's neither private nor indoors. What is your point?
As for safety, if you know it's going to be safe, please, bring this information to the attention of those interested. Bring the proposed safety documents to VFP and the City Planning commission so this can be settled. If you assume it's going to be safe, then don't bother. If you know anything about red-tape you know assumptions don't cut through it.
When the public brings
When the public brings concerns about "public safety" to CBJ's attention there should be a formal review process that uses REAL DATA - not simply staff opinion. Maybe if CBJ had a formal "objective" review process in place then Savannah Cayce would still be alive today. Concerns about public safety were raised about Auke Lake but these concerns were buried. A death should not be the bar used by CBJ to start a formal review when concerns are raised by the public.
Most activities we engage in
Most activities we engage in can yield tragity. Walking down stairs can end in death. How many thousands of people have enjoyed auke lake injury free? If we make laws and regulations to stop every accidental death you wouldn't be allowed to leave your bed. Tragic accidents happen. With the number of innocent deaths due to lax gun regulation people have begun to question things. This gun range doesn't promote anything negative except responsible gun handeling. There is no rational reason this range shouldn't go through. The bigger debate about gun regulation is seperate. Trying to make an issue out of something good and responsible takes away from the issue they are trying to address. In the imaginary world where all the guns go away right now doesn't mold with reality. We all want to stop innocent deaths. Right now we are focused on deaths caused by guns. Fortunately of unfortunately we have the right to have guns, so within that scope form an opinion that will actually yield results realistically. You won't get rid of guns. Convince the people that at least regulating what type or guns and who can get them is the only option in this society. Something that people and most importantly politicians have forgotten is compromise. If we truly wanted to move on and make our country better we would compromise. A word people seem to forget. I sure hope the average American is teaching about the greater good through compromise. Or else your just doing your children a disservice by preparing them for a fight that will only end in division and ultamitly war.
Alaskastu
I agree. I would like to emphasize again how a private indoor gun range does not exist in Anchorage due to all the red-tape that must be waded through. For some reason there was no red-tape in Juneau, which many people on Juneau Empire criticize as being far too liberal for Alaska. I would like to hear the reasoning from anyone on this... why did Juneau, a "too-liberal-for-Alaska" town change city code to allow for and issue a permit for an indoor gun range/armory boasting family-friendly automatic weapons?
I notice many people on this message board are hardcore "For" this gun range, but does that mean some of us who are on the fence don't get a say? There are examples all across the country of injury and death caused by irresponsible firearm operation at these indoor ranges. Innocent bystanders or self-inflicted. Sure people can fall down the stairs and die, but far more people who use stairs do so without injury. Where are the safety requirements for a family-friendly gun-toting firing range? Anchorage has them. Either Juneau has become as conservative as Palmer, which I doubt it, or something was brought to the attention of city planners that Juneauites are not aware of. What is it?
Juneau doesn't have a legitimate ATV park because residents don't approve. There are many reasons argued for and against an ATV park, but alas, no park.
How does an indoor firing range get approved without so much as a question raised, whereas an ATV park has been attempted for years and no luck? Am I the only one who thinks this is a huge surprise for our little "too-liberal-for-Alaska" town?
AKstu - Yes its true
AKstu - Yes its true activities that seem harmless can cause injury and often do. That’s why when safety concerns are raised by the public there should be a proper objective review of the concerns. Its also about upholding the integrity of an open fair honest public review process. So that people can trust Gov. As tax payers its our right .
cheeesy - I have lived here
cheeesy - I have lived here my whole life. I used to trust CBJ but really don't anymore. I think the city manager is part of the problem but don't know for sure. I do know that she has been unresponsive to many in the public but responds well to the business community. Possibly she is in over her head and needs help?
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I am always amazed and
I am always amazed and shocked by this town. People complain there is nothing to do, or that govy needs to stay out of the way and let private enterprise do something, yet when someone tries to solve both those issues, they are held up by a handful of people who are obviously politically motivated and have no real leg to stand on. Gee, makes me want to go spend a ton of money to try and start a business in this town. Do they think that if they block this then there will be no more firing of auto weapons in Juneau? There are already many people that I know of who have them and shoot them. And yes there are indoor ranges in Juneau and Anchorage. they are in private homes, just you arent invited in...