CITY OF HOMER

HOMER, ALASKA

City Manager/Planning

RESOLUTION 06-50

A RESOLUTION OF THE HOMER CITY COUNCIL IDENTIFYING RIGHTS-OF-WAY WITHIN THE RURAL RESIDENTIAL AND URBAN RESIDENTIAL ZONING DISTRICTS THAT ACCESS KACHEMAK BAY DETERMINED TO BE UNSUITABLE FOR ROAD CONSTRUCTION.

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 road, and

WHEREAS, Platted access 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, BE IT RESOLVED, That the City Council of Homer, Alaska hereby identifies the following rights-of-way as unsuitable for road construction: Leber Street south of Orca Way, Crittenden Drive south of Hidden Way, Victoria Place, Parson Lane south of the southernmost Ocean Drive Loop, Lake Street south of the southernmost Ocean Drive, B Street south of Bay Avenue, Campbell Lane, Morris Avenue..

PASSED AND ADOPTED by the Homer City Council this 24th day of April, 2006.

CITY OF HOMER

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ATTEST: JAMES C. HORNADAY, MAYOR

MARY L. CALHOUN, CMC, CITY CLERK

Fiscal information: unbudgeted.