HomeMy WebLinkAbout4 20251215 PHO Puffin_signeTougas et al. v. Seward PZC and Randy Wells
Pre-hearing Order Page 1
BEFORE THE BOARD OF ADJUSTMENT FOR THE CITY OF SEWARD
SARAH TOUGAS, ANNETTE REESE,
NATHAN SMITH, MAYA MORIARTY,
MICA VANBUSKIRK, KATIE CORNWELL,
Appellants,
vs.
SEWARD PLANNING AND ZONING
COMMISSION, RANDY WELLS,
Appeal of:
Appellee, PZC Res 2025-035
PRE-HEARING ORDER
The parties are reminded that the City Council is performing a quasi-judicial function
because this is an appeal in which every party is entitled to a neutral decision maker and fair
procedures. Accordingly, each party has an opportunity to submit one written statement and make
an oral presentation at the hearing. Except for those two advocacy opportunities, every party is
prohibited from communicating with the Mayor or any Council member about this appeal. See
City Council Rules of Procedures Section V. If prohibited communication occurs, the party and
the decision maker have an obligation to report it at the hearing, or before to the City Clerk; usually
the decision maker is disqualified from participating in the appeal because such private
communications are unfair to the other parties.
Consistent with Rule 42 of the City Council Rules of Procedure (CCROP), the Mayor is the
Chairperson of the Board of Adjustment. This prehearing order is necessary given the four appeals
from the same Planning and Zoning Commission (PZC) decision, Resolution 2025-035. Unless
modified by a subsequent order or at the hearing by the City Council, the following will govern
the procedures for the hearing and prehearing activities:
Tougas et al. v. Seward PZC and Randy Wells
Pre-hearing Order Page 2
1.Appeal Consolidation. The City Clerk received four timely notices of appeal (1)
Sarah Tougas; (2) Annette Reese; (3) Nathan Smith; and (4) Maya Moriarty, Mica VanBuskirk,
and Katie Cornwell. All four appeals concern the same PZC decision, all four appeals have the
same record, all four appeals share common legal and factual issues, and a single hearing will
provide a fair and efficient forum for each appellant, the appellee, and the Council. A single
hearing will also provide a fair and efficient forum for the applicant, Randy Wells, if he chooses
to participate. Thus, all four appeals are consolidated.
2.Parties. There are four appellants (1) Sarah Tougas; (2) Annette Reese; (3) Nathan
Smith; and (4) Maya Moriarty, Mica VanBuskirk, and Katie Cornwell. The PZC is an appellee
and is represented by the Community Development Department Director Daniel Meuninck.
Because Randy Wells, representing The Tufted Puffin, was the applicant before the PZC,
he is also an appellee consistent with Alaska Rule of Appellate Procedure 602(h).
An appellant may withdraw at any time by giving notice to the City Clerk on or before the
appeal hearing. Mr. Wells may give notice of non-participation to the City Clerk, but Mr. Wells is
still bound by the decision on appeal even if he files a notice of non-participation.
3.Representatives. No party is currently represented by an attorney. If a party desires
to be represented by an attorney, such attorney shall file an entry of appearance not less than
fourteen days prior to the date set for the appeal hearing to give the other parties seven days notice
prior to the submission of Appellants’ written statements.
4.The Record. The appeal hearing conducted by the Board of Adjustment is held on
the basis of the record established before the PZC. While the Council may allow for oral
presentations, no new evidence may be received or considered by the Board of Adjustment. SCC
15.10.415, SCC 15.10.420.
Tougas et al. v. Seward PZC and Randy Wells
Pre-hearing Order Page 3
The City Clerk must prepare the record consistent with SCC 15.10.420 and should try to
have it available to the parties fourteen days prior to the hearing, so the parties may reference the
record in the written statements. Prior to the hearing, the City Clerk should compile the complete
record with any timely filed written statements from the parties. The City Clerk should provide
notice to the parties that a digital copy of the record is available to be picked up at the Clerk’s
office; and if practicable, the Clerk may also distribute the record electronically.
5.Written Statements. Each appellant may file a written statement summarizing the
facts and setting forth pertinent points and authorities in support of the points contained in the
notice of appeal if such statement is filed not less than seven days prior to the date set for the
appeal hearing. Each appellee wishing to file a written statement in rebuttal to the appeal may do
so if such statement is filed not less than two days prior to the appeal hearing date.
6.Filing. All written statements and any other documents specified herein shall be
filed electronically by e-mailing to the City Clerk, at clerk@cityofseward.net, a PDF document of
the filing, unless a different format is specified by the Clerk. A party filing a document by
electronic mail shall retain the original and produce it for inspection upon request of another party
or as ordered by the prehearing officer. Documents filed by electronic mail received by 4:00 p.m.
are deemed to have been filed on that business day; documents filed by electronic mail that are
received by the Clerk after 4:00 p.m. are deemed to have been filed on the next day that is not a
Saturday, Sunday, or holiday observed by the City.
If a document is too large to be electronically mailed to the Clerk, service may be made by
delivering an original and five copies to the City Clerk no later than 4:00 p.m. on the date specified.
Tougas et al. v. Seward PZC and Randy Wells
Pre-hearing Order Page 4
7.Service. All documents filed electronically with the City Clerk
(clerk@cityofseward.net) in accordance with this order must also be served by email on the other
parties:
Appellant Sarah Tougas: hhseward@gmail.com
Appellant Annette Reese: annette_reese@hotmail.com
Appellant Nathan Smith: capt.natesmith@sewardhg.com
Appellant Maya Moriarty, Mica VanBuskirk, and Katie Cornwell:
Maya mayabenavente.mb@gmail.com
Mica micad@hotmail.com
Katie katie@spcalaska.org
Appellee Community Development Director Daniel Meuninck:
dmeuninck@cityofseward.net
Appellee Randy Wells: randy@thetuftedpuffin.com
8.Hearing and Oral Presentations.
The appeal hearing is currently set for 5:30 pm. on January 5, 2026, in City Council
Chambers.
The appellants have up to 40 minutes to present their arguments, which includes time used
by the Board of Adjustment members for questions. The appellants shall decide how to divide their
time. The appellants may reserve a portion of their time for rebuttal, but no new issue shall be
raised during rebuttal. If the appellants cannot unanimously agree on how to divide their time, then
each appellant will be given a total of 10 minutes for their oral presentation.
The appellees have up to 20 minutes to present their arguments, which includes time used
by the Board of Adjustment members for questions. The appellees shall decide how to divide their
time. If the appellees cannot unanimously agree on how to divide their time, then each appellee
will be given a total of 10 minutes for their oral presentation. No rebuttal presentation is allowed.
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Pre-hearing Order Page 5
9.Mayor and Council member contact. Because this is an appeal hearing and every
party is entitled to a neutral decision maker, you cannot communicate with the Mayor or any
Council members about this appeal, which is called ex parte communication. The ex parte rule
applies to every party (appellants and appellees). If ex parte communication has occurred or occurs,
the party and the decision maker must notify the City Clerk or the Mayor, and the decision maker
is usually disqualified from participating in the appeal. See CCROP Section V.
DATED this 16th day of December 2025.
SEWARD BOARD OF ADJUSTMENT
_______________________________________ By: Sue McClure Chairperson