Developer appeals hotel-permit decision

A local developer is appealing a conditional-use permit to construct a 12-unit hotel near downtown.

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Don Madsen, owner of Juneau Hotel Properties, is appealing three of seven conditions in the permit, which the Juneau Planning Commission issued Nov. 19.

The Juneau Assembly agreed last week to hear Madsen's appeal. At issue is whether the Planning Commission applied city law properly when it issued conditions of the permit.

The three contested conditions are:

• The deed must state that the building will be operated only as a hotel.

• The project must provide 12 parking spaces on site or on an adjacent lot before the city issues a building permit.

• The hotel project must provide a paved street surface, curbs, gutters and sidewalks before the city issues a certificate of occupancy or temporary certificate of occupancy.

The first condition was intended to prevent Madsen from operating an apartment building under the guise of a hotel, said Greg Chaney, a planner in the city's Community Development Department. Apartment buildings are subject to stricter city code standards than hotels.

The city's land-use code allows a maximum of 15 apartment units per acre in a waterfront commercial zone. Madsen's project, called Juneau Hotel III, calls for 12 hotel rooms to be built on one-tenth of an acre on West Ninth Street. The three-story, 5,872-square-foot hotel would be built on a 4,536-square-foot lot.

If Madsen were to build an apartment building in that space instead of a hotel, only two units would be allowed under city code, Chaney said.

The second condition is necessary to prohibit parking space problems, Chaney said. Normally hotels are required to have one parking space for every four units, according to city code. But the Planning Commission determined the hotel offers apartment-like amenities and should be required to have one parking space per unit, he said. Each unit will feature a washer, dryer, dishwasher and stove, which may induce guests to stay longer.

Chaney said that area already has parking problems. Patrons of The Greatland Hotel on West Ninth Street park in a nearby lot being leased by the state.

The final condition addresses a public safety concern, Chaney said. The hotel area, which is unpaved and has no sidewalk, could pose a safety hazard for hotel visitors, he said.

A building permit for the hotel is in review and likely will be issued in the next month or two. Madsen would be allowed to move forward on the project, but it would be at his own risk pending a decision on the appeal, he said.

Madsen did not return telephone calls seeking comment.

The Assembly will set a pre-hearing conference with Madsen, the Planning Commission and their lawyers, Mayor Bruce Botelho said. The parties will discuss documents, legal briefs and witnesses to be presented during the appeal hearing.

The Assembly can uphold the commission's decision, reverse the decision in whole or part, or determine a different course of action, Botelho said.

If the Assembly upholds the commission's decision, Madsen can seek a review of that decision by state Superior Court, Botelho said. State law allows court reviews of public body decisions. Madsen would have 30 days to file paperwork for a review.

• Tara Sidor can be reached at tara.sidor@juneauempire.com.