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Planning & Zoning Telephone (907)
235-3106
MEMORANDUM 07-45
DATE:
TO: Homer City Council
THRU: Walt Wrede, City Manager
FROM Beth McKibben, City Planner
SUBJECT: Fee Schedule pertaining to Planning and Zoning Fees.
Discussion
With the adoption of Resolution 07-14 the City Council amended the fee schedule pertaining to those fees associated with the Planning and Zoning Office. One of the amendments was the addition of a fee for vacation of rights-of-way and section line easements. It recently came to my attention that this language could be considered to apply to utility easement vacations. This was not the intention.
Normally, utility easement vacations are treated in a different manner. The Kenai Peninsula Borough utility easement vacation petition differs from the regular vacation petition, and requires that the affected utility companies sign off on the petition with a non-objection. At the city level, this has required the signature of the Public Works Department. City minutes are not required by the borough to be submitted with the petition. HEA, Enstar, ACS or any other utility that could potentially use the easement is required to sign off. Essentially this is a private easement between the landowner and the utility companies, and once utilities are in place, it is not unusual for these easements to no longer be needed.
The Borough vacates utility easements by Resolution and charge a submittal fee of $50. The easement vacation is reviewed by the Planning Commission under Easements Not Requiring A Public Hearing. The Planning Commission adopts the resolution, but does not hold a formal public hearing. The Borough does notify landowners within 300 feet. The Commission will listen to comments at the meeting. It is my understanding that there are seldom, if ever, any comments. If any utility companies object to the vacation, the landowner has to resolve the issue with the utility company before the vacation will be granted.
Recommendation:
Adopt the proposed
resolution.