CITY OF HOMER

HOMER, ALASKA

Novak

ORDINANCE 09-46(S)(A)

AN ORDINANCE OF THE HOMER CITY COUNCIL SUSPENDING THE APPLICATION OF HOMER CITY CODE CHAPTER 21.90 TO CERTAIN IMPROVEMENTS LOCATED ON LOT 3, BLOCK 2 HARRINGTON HEIGHTS SUBDIVISION.

WHEREAS, Robert Nakada has resided for many years in a mobile home on Lot 3, Block 2, Harrington Heights Subdivision (the “Property”), which appears to have been a valid nonconforming use of the Property; and

WHEREAS, The mobile home in which Mr. Nakada resided in was in a seriously dilapidated condition, but in 2008 Mr. Nakada brought onto the Property another mobile home in better condition (the “New Mobile Home”) to substitute as his residence; and

WHEREAS, on November 5, 2008, the Homer Advisory Planning Commission denied Mr. Nakada’s application for recognition of the New Mobile Home as nonconforming structure; and

WHEREAS, Mr. Nakada is a disabled person of limited means, and requiring him to correct the zoning violation caused by the presence of the New Mobile Home on the Property would subject him to undue hardship; and

WHEREAS, the Council finds that in this case the public interest in strict enforcement of the City’s zoning ordinance is outweighed by the particular circumstances of Mr. Nakada’s situation.

NOW, THEREFORE, THE CITY OF HOMER ORDAINS:

Section 1. The application of Homer City Code Chapter 21.90 is suspended with regard to the presence of the New Mobile Home on the Property, for the shorter of the following periods:

a. The remainder of Mr. Nakada’s lifetime; and

b. The time during which Mr. Nakada owns the Property.

Section 2. Nothing in this ordinance affects the application of Homer City Code Chapter 21.90 to any other zoning violation on the Property.

Section 3. This ordinance shall not be codified.

ENACTED BY THE CITY COUNCIL OF HOMER, ALASKA, this ________ day of ______________ 2009.

CITY OF HOMER

_____________________________

JAMES C. HORNADAY, MAYOR

ATTEST:

______________________________

JO JOHNSON, CMC, CITY CLERK

YES:

NO:

ABSTAIN:

ABSENT:

First Reading:

Public Hearing:

Second Reading:

Effective Date:

Reviewed and approved as to form:

________________________ _____________________________

Walt Wrede, City Manager Thomas F. Klinkner, City Attorney

Date: ___________________ Date: ________________________