Memorandum 14-051 Amendment to Planning Commission Bylaws to Reduce the Number of Votes for a Conditional Use Permit and Variance

Memorandum 14-051

TO:                      MAYOR AND CITY COUNCIL

FROM:                JO JOHNSON, MMC, CITY CLERK

DATE:                 MARCH 17, 2014

SUBJECT:         AMENDMENT TO PLANNING COMMISSION BYLAWS TO REDUCE THE VOTES REQUIRED FOR A CONDITIONAL USE PERMIT AND VARIANCE

At the February 24, 2014 council meeting the City Council adopted Ordinance 14-08 to amend Homer City Code 21.71.050(d), “Commission Hearing and Procedures”, to permit four instead of five members of the Homer Advisory Planning Commission to approve a conditional use under the Homer City Code.

At the same meeting Resolution 14-029 to amend the Homer Advisory Planning Commission Bylaws “Quorum; Voting” to permit four instead of five members to approve a conditional use permit or a variance failed for lack of a motion. Resolution 14-029 also contained an amendment to “Vacancies” to change the number of successive unexcused absences that make a commission member subject to removal from two to three.

It was clearly the Council’s intent to amend the required quorum voting from five members to four on a conditional use permit or a variance. I believe Resolution 14-029 failed because it also included the number of unexcused absences for removal of a commissioner.

Because city code was amended to permit four instead of five members of the commission approve a conditional use, the amendment is needed in the Planning Commission Bylaws too.

RECOMMENDATION:

Adopt Resolution 14-039 to amend the Advisory Planning Commission Bylaws consistent with the provision in Homer City Code to permit four instead of five members of the commission approve a conditional use permit.