HomeMy WebLinkAboutORDINANCE 1063-1985Suggested by: Administration
CITY OF KENAI
ORDINANCE NO. 1063-85
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA,
AMENDING KENAI MUNICIPAL CODE 14.20.290 CONCERNING APPEALS TO THE
BOARD OF ADJUSTMENT BY INSTITUTING THE FILING OF A WRITTEN
NOTICE OF APPEAL WITH AN EXPENSE FEE DEPOSIT.
WHEREAS, appeals from the decisions of the Kenai Advisory
Planning and Zoning Commission or Administrative Official are
taken to the Kenai City Council acting as the Board of Adjustment
pursuant to KMC 14.20.290; and
WHEREAS, the appeal process currently requires no fees to be paid
by the appellant to help defray the expenses incurred in an
appeal; and
WHEREAS, the appeal process currently provides no time frame in
which an aggrieved party must file an appeal of a decision of the
Kenai Advieory Planning and Zoning Commission or Administrative
Official.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
KENAI, ALASKA, that Kenai Municipal Code 14.20.290 be and hereby
is amended to read as follows:
14.20.290 Appeals - Board of Adjustment: (a) Appeals
from decisions of the administrative official or the Commission
shall be heard by the Kenai City Council acting as the Board of
Adjustment.
(b) The Board of Adjustment shall set a date for and hold a
hearing on all appeals within 30 days of the filing of
the appeal. Notice of the time and place of such
hearing shall be mailed to all parties interested and
to all property owners within 300 feet of the property
fnvolved at least ten days prior to the hearing.
(2) Within 30 days after the hearing, the Board of
Aajustment shall render a decision on the appeal. In
exercising the above -mentioned powers, the Board of
Adjustment may reverse or affirm, wholly or partly, or
may modify the order, requirement, decision or
requirement, decision or determination as ought to be
made, and to that end shall have all the powers of the
body from whom the appeal is taken.
i
r
(3) All meetings of the Board shall be open to the
public and the Board shall keep minutes of its
proceedings showing its decision, the reasons for its
decision, and the vote of each member upon each
question. Said minutes shall be made a public record.
(4) All aueeals shall be commenced bX filing a
written notice of appeal of the decision or order bein
appealed. The Notice shall contain the appel ant s
name and address, the decision or order being appealed
and the date of the decision. The notice of appeal
shall be accompanied by a 100 expense fee deposit and
shall be filed within ten 10 regular business days of
the date the ecis on or order einn! appealed was
issued.
T-5 The expenses of the appeal shall be paid by the
appellant prior to the hearing before the Board of
Ad ustment. If the expenses of the api2eal are more
thin tree 100 deposit the appellant shall be not find
of the amount of expenses above 100 which are still
due and owing rior to hearin the appeal. Expenses of
the appeal include postage, notice, and preparation of
the record.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 4th
day of September, 1985.
ATTEST:
Janet Whelan, City Clerk
7/11/85
TOM WAGONER, MAYOR
First Reading: July 17, 1985
Second Reading: September 4, 1985
Effective Date: October 4, 1985
2
0
CITY OF KENAI
„vd G'dpd4d 4 4&4ait
VO FOMW IMM, Musa, eml
-- TBAWHOMM.7m
MEMORANDUM
TOs Mayor Wagoner and Kenai City Council
FROM: eeOrdinance
ff Labahn, Land Manaqer
SUBJECTS 1063-85: Amending Kenai Zoning Code - Appeals Fee h
Notice
DATE: July 11, 1985
At the regular meeting of the Planning Commission on 7/10/85, the Commission
reviewed and approved the proposed amendment to the Zoning Code referenced
above.
Details of the motion and discussion are item H-6 in your packet, page 1.
jal