CITY OF HOMER

HOMER, ALASKA

City Manager, Planning

ORDINANCE 06-21(A)

AN ORDINANCE OF THE CITY COUNCIL OF HOMER, ALASKA AMENDING HOMER CITY CODE SECTION 21.44.040, URBAN RESIDENTIAL AND 21.45.040, RURAL RESIDENTIAL CONCERNING DIMENSIONAL REQUIREMENTS.

WHEREAS, The Homer Advisory Planning Commission has received several requests to vacate rights-of-way that access Kachemak Bay; and

WHEREAS, The reason for seeking such vacation is to eliminate the required 20-foot building setback from a right-of-way; and

WHEREAS, The lots adjacent to the rights-of-way requested to be vacated are usually long, with building envelopes that are difficult to work within; and

WHEREAS, Preserving rights-of-way is generally considered good public policy; and

WHEREAS, Kenai Peninsula Borough Code 21.28.180, waterfront access provisions, allows for vacation of rights-of-way accessing public waters to be permitted only when the right-of-way is wholly impractical to all modes of transport including pedestrians, or when the use of the right-of-way causes severe harm and damage to adjacent properties which cannot be otherwise corrected and where such continued damage or harm would be contrary to the public interest; and

WHEREAS, The rights-of-way accessing Kachemak Bay within the Urban Residential and Rural Residential zoning districts are unlikely to be developed into streets or roads, but may be developed as pedestrian ways; and

WHEREAS, Maintaining the public’s right to use and work within these rights-of-way is essential; and

WHEREAS, Maintaining the 20-foot setback is not needed to maintain sight triangles when adjacent to a right-of-way that will not be developed as a road, and

WHEREAS, Platted accesses to Kachemak Bay are often located in sensitive areas, and

WHEREAS, Protecting these rights-of-way from road construction will help protect these sensitive areas.

NOW, THEREFORE, THE CITY OF HOMER ORDAINS:

Page Two

Ordinance 06-21(A)

City of Homer

Section 1. Homer City Code 21.44.040(b) is hereby amended to read as follows:

21.44.040 (b) Building Setbacks.

1. Twenty feet from all dedicated rights-of-way, except as allowed by subsection (b)(3);

2. Buildings shall be set back from all other lot boundary lines according to height as follows:

Number of Stories Setback (in feet)

1 5

1 ½ 6

2 7

2 ½ 8

3. Adjacent to those rights-of-way that lead to Kachemak Bay and have been determined to be unsuitable for road construction [by a Commission resolution approved by the City Council] as set forth by Resolution of the City Council, all buildings shall be set back from the boundary of the right-of-way as provided in subsection (b)(2).

Section 2. Homer City Code 21.45.040(b) is hereby amended to read as follows:

21.45.040 (b) Building Setbacks.

1. Twenty feet from all dedicated rights-of-way, except as allowed by subsection (b)(3);

2. Buildings shall be set back from all other lot boundary lines according to height as follows:

Number of Stories Setback (in feet)

1 5

1 ½ 6

2 7

2 ½ 8

Page Three

Ordinance 06-21(A)

City of Homer

3. Adjacent to those rights-of-way that lead to Kachemak Bay and have been determined to be unsuitable for road construction [by a Commission resolution approved by the City Council] as set forth by Resolution of the City Council, all buildings shall be set back from the boundary of the right-of-way as provided in subsection (b)(2).

Section 3. This Ordinance is of a permanent and general character, and shall be included in the City Code.

ENACTED BY THE CITY COUNCIL OF HOMER, ALASKA THIS day of , 2006.

CITY OF HOMER

JAMES C. HORNADAY, MAYOR

ATTEST:

MARY L. CALHOUN, CMC, CITY CLERK

YES:

NO:

ABSTAIN:

ABSENT:

First Reading:

Public Hearing:

Second Reading:

Effective Date:

Reviewed and Approved as to form and content:

Walt E. Wrede, City Manager Gordon J. Tans, City Attorney

Date: Date:

Fiscal Note: Not defined.