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HomeMy WebLinkAboutOrdinance No. 2893-2016M Sponsored by: Council Member Bookey CITY OF KENAI ORDINANCE NO. 2593 -2016 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KENAI MUNICIPAL CODE SECTION 14.20.290 - APPEALS -BOARD OF ADJUSTMENT, TO ALLOW BOARD OF ADJUSTMENT HEARINGS TO BE HELD WITHIN 45 DAYS OF THE FILING OF AN APPEAL INSTEAD OF 30 DAYS. WHEREAS, Kenai Municipal Code Section 14.20.290(1)(1) - Appeals - Board of Adjustment, currently requires the Board to hold a hearing within 30 days of the filing of an appeal unless good cause is found; and, WHEREAS, due to City Council meeting schedules and practices for scheduling Board hearings, appeals are almost always heard outside the 30 day window; and, WHEREAS, amending KMC 14.20.290 to allow for appeals to be heard within 45 days instead of 30 days, without a finding of good cause will make the code more consistent with actual practices and eliminate the extra step of having to find good cause for each hearing held outside 30 days; and, NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. Form: That this is a code ordinance. Section 2. Amendment of Section 14.20.290 of the Kenai Municipal Code: That Kenai Municipal Code, Section 14.20.290 - Appeals -Board of Adjustment, is hereby amended as follows: (i) Procedure. (1) The Board of Adjustment shall ordinarily set a date for and hold a hearing on all appeals within [THIRTY (30)]forty -five (451 days of the filing of the appeal. However, should the [THIRTIETH]forty -fifth day fall on a weekend or a municipal holiday, the hearing may be scheduled for the next following weekday which is not a municipal holiday under KMC 23.40.020(a)(1) through (10) and (b). For good cause, the Board of Adjustment may hold the hearing up to sixty (60) days after the filing of the appeal. Notice of the time and place of such hearing shall be mailed to all interested parties and to all property owners within three hundred feet (300') of the property involved at least fifteen (15) days prior to the hearing. Notices to the appellant and /or applicant for the action or determination must be sent by certified mail, return receipt requested. New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 2893 -2016 Page 2 of 2 Section 3. Severability: That if any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 4. Effective Date: That pursuant to KMC 1.15.070(fl, this ordinance shall take effect 30 days after adoption. ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 1st day of June, 2016. Introduced: May 18, 2016 Enacted: June 1, 2016 Effective: July 1, 2016 New Text Underlined; [DELETED TEXT BRACKETED] " "Villaye with a Past C# with a Future 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 www.kenai.city MEMORANDUM TO: Mayor Porter and Council Members FROM: Terry Bookey, Council Member DATE: May 11, 2016 SUBJECT: Ordinance No. 2893 -2016, KMC Section, 14.20.290 — BOA Appeals Kenai Municipal Code Section 14.20.290 — Appeals — Board of Adjustment, currently requires the Board to hold a hearing within 30 days of the filing of an appeal unless good cause is found. Hearings are almost never held within 30 days because of Council meeting schedules and scheduling practices. Amending the code to allow hearings to be held within 45 days of the filing of an appeal without having to find good cause, allows sufficient time to hold hearing consistent with current practices. Your consideration is appreciated.