Neighbors seek to nix Back Loop farm with appeal of Planning Commission’s OK to Assembly

Permit for family to keep up to 100 chickens and ducks, 15 other farm animals, approved last month; appeal by 22 residents cites long list of concerns, alleged procedural violations

An area marked in red shows the approximate location where a Juneau resident plans to raise chickens and other farm animals on his residential property. (Google Maps satellite image)

By Mark Sabbatini

Juneau Independent

An appeal by 22 residents seeking to halt a farm at a Back Loop area residence allowing up to 100 chickens and ducks, plus 15 other farm animals, is expected to be considered by the Juneau Assembly on Oct. 26, following the Planning Commission’s unanimous approval of the project last month.

The Notice of Appeal lists 27 alleged "legal and factual errors" in the Planning Commission’s approval of a conditional use permit for the non-commercial farm on a family’s 2.2 acres of property at 10226 and 10228 Silver Street. The appeal asks the Assembly to vacate the approval and "Update City ordinances to adequately address needs of both existing neighborhoods and applicants for this type of variance."

Twenty of the applicants live in the immediate vicinity of the property where the farm is planned, while the other two reside near the neighborhood. Concerns are raised about possible odors, pollution, luring of wildlife, lowering of property values and other issues.

Shawn Kantola, who owns the property where the farm is planned, said in an interview Thursday the negative reactions to his plans are "based on a lot of assumptions."

"It's not based on anything that we have actually done, and it's not based on anyone seeing us do it well and then being upset with us after the fact," he said.

Also, Kantola noted, the complaint targets actions by city officials and Planning Commission members, so it will be up to them to respond. But he is willing to discuss and defend his plans before the Assembly if necessary.

The lead petitioner in the appeal, Maureen Hansen, could not be reached Thursday for comment. In a interview with the Juneau Independent after the Planning Commission approved the permit, she said the number of animals allowed will have a significant impact on her neighborhood. She also questioned how terms in it, like odor restrictions, will be measured and enforced.

"I think it's super short-sighted that they are trying to make a decision on something that they clearly stated is not addressed in our city code in any definitive way, and they just did the precedent," she said. "It's not in any of their neighborhoods."

The Assembly, if the appeal is indeed on the agenda at the Oct. 26 meeting, will determine whether there is sufficient merit to accept the appeal. If so, the appeal will go through a hearing and review process before the Assembly then decides whether to accept, modify or vacate the Planning Commission’s decision.

The conditional use permit for Kantola’s property allows him to keep 100 chickens/ducks and 15 other farm animals between March and September, and 50 chickens/ducks and four other farm animals during the other months. Conditions in the permit include noise limits, an electrified fence to protect against bears, water quality safeguards, odors not being detectable beyond the property for more than 48 hours, and keeping animal slaughter out of view of adjacent properties and public right-of-way areas.

Kantola told the Planning Commission at its Sept. 8 meeting he hopes to start small, possibly next spring after the home being built on the property is complete, and potentially grow over time to meet many of the food needs for his seven-member family.

Among the points of objection in the Notice of Appeal: • "The decision fails to address the cyclic nature of raising animals for slaughter, allowing a potential annual poultry headcount between 200-400 birds."

• "The record lacks written documentation researching or supporting the conclusion of ‘no impact’ on existing property values or how neighborhood harmony will be maintained."

• "It fails to address impacts on the neighborhood from transiting predators and vermin other than bears (e.g., ravens, crows, mice, rats, voles, ermine, mink, weasels, owls, hawks, eagles)."

• The odor restriction "is unenforceable as it specifies no unit of measure for ‘odor,’ no limit for allowed frequency (weekly, monthly), and no time limit for remedy of issue."

• "The Staff Report responses indicate a lack of knowledge regarding the sensitivity of the adjacent Montana Creek Wetlands, which are jurisdictional wetlands protected as a mitigation site under the Clean Water Act."

Kantola said he hasn’t started work on the farm since he is building a house on the property — plus he wants to be sure the permit has gotten through the final process.

"I have been amazed at how much this issue has blown up over the past two months," he said. "I never thought that this was going to raise as much concern as it has."

• Contact Mark Sabbatini at editor@juneauindependent.com or (907) 957-2306.