CITY OF HOMER

Mayor

HOMER, ALASKA

RESOLUTION 04-69(A)



A RESOLUTION OF THE CITY COUNCIL DIRECTING THE HOMER ADVISORY PLANNING COMMISSION TO CONSIDER AN AMENDMENT AMENDING THE GLOSSARY AND DESIGN REVIEW OPTIONS TO ADDRESS TEMPORARY STRUCTURES.

WHEREAS, The City Council adopted the Community Design Manual (CDM) on April 12, 2004 via Resolution 04-34; and

WHEREAS, Resolution 04-34 states that the CDM may be revised by Council Resolution; and

WHEREAS, The CDM does not define nor address temporary structures; and

WHEREAS, Planning Staff Report PL 04-57 suggests a definition and policy for temporary Structures; and

WHEREAS, The Planning Commission had the Planning Staff Report PL 04-57 before them on July 14 and 21, 2004.

NOW, THEREFORE, BE IT RESOLVED that the City Council directs the Homer Advisory Planning Commission to consider revision of the Community Design Manual to address temporary structures as follows:

Section 1. Addition to the Design Review Options paragraphs (c) and (d) regarding the Commission authorization to waive requirements:

This Design Review Manual represents a statement of policies which shall be observed for building and site design in the City of Homer. Design policies include both general requirements and specific performance standards. General requirements include all bold and underlined text in the document. - Specific standards include the more detailed text which immediately follows general requirements.

Homer Advisory Planning Commission (Commission) Approval. The City of Homer encourages a creative approach to design by providing a flexible review standard.

The Commission is authorized to waive specific Design Manual requirements if it finds that

(a) an alternative design represents an equivalent or superior design solution to what would otherwise be achieved by rigidly applying specific requirements, and

(b) the alternative design meets the intent of the general requirement ; or


(c) the structure is of a temporary nature with a designated end date at which time the temporary structure is to be removed; and

(d) there is no time extension for a temporary structure.

Design Review may occur at any point in the permitting process, i.e. before, during, or after a Conditional Use public hearing, It shall require a separate public notice if not performed at the same time as a Conditional Use public hearing.

Appeals to a Design Review decision by the Commission may be filed in accordance with HCC 21.68 Appeals.

To best determine the general requirement's intent, the Commission shall consider the specific requirements as appropriate examples of compliance.

Section 2. Addition to the Glossary of the Community Design Manual, to be placed in alphabetical order:

Temporary Structure - A structure without any foundation or footings and that is removed when the designated time period, activity, or use for which the temporary structure was erected has ceased.

PASSED AND ADOPTED by the City Council on this 26th day of July, 2004.

CITY OF HOMER

ATTEST: _____________________________

JACK CUSHING, MAYOR

_____________________________________

MARY L. CALHOUN, CMC, CITY CLERK

Fiscal Note: NA