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City of Homer
Planning & Zoning Telephone (907)
235-3106
Homer, Alaska
Web
Site www.ci.homer.ak.us
M E M O R A N D U M 05-179
TO: MAYOR HORNADAY AND HOMER CITY COUNCIL
THRU: WALT WREDE, CITY MANAGER
FROM: BETH MCKIBBEN, CITY PLANNER
DATE:
SUBJECT: Recommendation from the Homer Advisory
Planning Commission on Ordinance 05-17 Amending
On
Rather than make recommendations to specific
language in the draft ordinance, the Commission instead makes broader policy
recommendations. In general the Commission
believes that community participation is a good thing, and that reasonable
scrutiny is appropriate.
Decisions subject to appeal:
·
21.68.015
(a) The Commission is of the opinion that appeals of administrative actions
should not be limited to denial only.
·
21.68.015(c)
The Commission feels it is appropriate that decisions to issue citations and
decisions to issue or not issue enforcement orders are actions that should be
subject to appeal. Staff and the Commission were unclear at to the scope of
subsection 4, requests for rezoning – does this section apply to Council
decisions on rezones, or only to HAPC recommendations on rezones?
·
HCC
21.68.030(d) –typo – remove the word “from”.
Who may appeal HCC 21.68.020:
·
The
Commission believes the proposed amendments to HCC 21.68 are too narrow in
defining who may appeal.
·
Appeals
should not be limited to only property owners.
·
General
public interest is appropriate and there should be a mechanism to appeal for
this reason.
·
The
statements allowing government agencies the ability to appeal is too
broad. Government
agencies/representatives wishing to appeal should have to proof some sort of
standing or that they are aggrieved.
·
The
definition of person aggrieved needs work, as it is written it is difficult to
prove.
·
The
Commission suggests that possibly a set of criteria for establishing standing
could be developed and a method for allowing the body that is being appealed to
could make a determination.
HCC 21.68.030 and HCC 21.68.080
Time for appeal
·
14 days
is too short. Additionally utilizing a
consistent period of time (30 days) makes the code easier for a layperson to
use.
HCC 21.68.040(b) add and dated
HCC 21.68.065 - person the Commission
is concerned that by changing party to person we are eliminating the ability of
groups or organizations to participate.
HCC 21.68.090(a) –typo – many should be may
HCC 21.68.090(2) – why is this being removed?
HCC 21.68.100 – the use of the phrase
“timely” is too vague, a specific period of time would be clearer.
Recommendation:
The Homer Advisory Planning Commission recommends adoption of the amendment HCC 21.68 Appeals with amendments.