Memorandum 10-41 Request for Hearing Extension

MEMORANDUM 10-41

TO: MAYOR HORNADAY AND HOMER CITY COUNCIL
FROM: JO JOHNSON, CMC, CITY CLERK
DATE: MARCH 2, 2010
SUBJECT: REQUEST FOR 30-DAY EXTENSION OF APPEAL HEARING FOR MICHAEL KENNEDY, APPEAL OF THE PLANNING COMMISSION DECISION OF AN ENFORCEMENT ORDER AT 844 OCEAN DRIVE LOOP, LOT 83, OSCAR MUNSON SUBDIVISION.

On January 8, 2010 Michael Kennedy filed an appeal to the Board of Adjustment of the Planning Commission Decision of an Enforcement Order at 844 Ocean Drive Loop, Lot 83, Oscar Munson Subdivision.

Mr. Kennedy has notified this office of his intended absence from March 16 through April 30 due to medical needs.

The appeal record is in the process of preparation and it is apparent the appeal hearing date must be extended. Pursuant to HCC 21.93.100(a) “All appeals must be heard within 60 days after the appeal record has been prepared. The body hearing the appeal may for good cause shown extend the time for hearing.”

A 30-day extension is requested to allow sufficient time to schedule the appeal hearing before the Board of Adjustment in May.

RECOMMENDATION:

Approve the request for 30-day extension of the appeal hearing based on Mr. Kennedy’s medical absence.