CITY OF HOMER

HOMER, ALASKA

Mayor

RESOLUTION 06-135

A RESOLUTION OF THE CITY COUNCIL OF HOMER ALASKA REQUESTING THAT THE KENAI PENINSULA BOROUGH ASSEMBLY AMEND THE BOROUGH CODE WITH RESPECT TO PLAT WAIVER PROVISIONS.

WHEREAS, The Alaska Statutes (AS 29.40.090) and the Kenai Peninsula Borough Municipal Code provide for plat waivers under certain conditions, and

WHEREAS, Plat waivers may be appropriate in rural or remote areas but can cause significant planning and development concerns when they are granted within growing municipalities, and

WHEREAS, Plat waivers avoid numerous protections contained in the platting code, including, but not limited to:

· No reference to standard notes and restrictions of record (setbacks for example)

· No certificate to plat so easements and other restrictions are not noted

· No notice to beneficial interest holders

· A lack of clear property lines often resulting in encroachment problems

· Road Right of Ways are not surveyed

· Utility companies are unable to acquire easements as part of the process

· No notice to adjacent property owners

· No ability for local municipal government to comment and affect decisions

· No Subdivision Agreement

NOW THEREFORE BE IT RESOLVED, That the Homer City Council hereby respectfully requests that the Kenai Peninsula Borough Assembly amend the Borough code to require that cities within the Borough be notified when plat waivers are requested within their municipal boundaries and further, that cities be given the opportunity to comment as they would in any other platting action, and

BE IT FURTHER RESOLVED, That the Council requests that the Borough work with the City of Homer to explore options whereby the City might gradually assume platting authority beginning with plat waivers.

PASSED AND APPROVED by the Homer City Council this 25^th day of September, 2006.

CITY OF HOMER

ATTEST: JAMES C. HORNADAY, MAYOR

MARY L. CALHOUN, CMC, CITY CLERK

Fiscal Note: None