HomeMy WebLinkAboutPZ1985-60CITY OF KENAI
RESOLUTION PZ 85-60
A RESOLUTION OF THE ADVISORY PLANNING & ZONING COMMISSION OF THE CITY OF
KENAI RECOMMENDING THAT THE COUNCIL AMEND KENAI MUNICIPAL CODE 14.20,290
REGARDING APPEALS FROM THE DECISIONS OF THE KENAI ADVISORY PLANNING &
ZONING COMMISSION AND ADMINISTRATIVE OFFICIAL.
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 Advisory
Planning and Zoning Commission or Administrative Official.
NOW, THERFORE,BE IT RESOLVED BY THE ADVISORY PLANNING & ZONING COMMISSION
OF THE CITY OF KENAI, ALASKA, THAT THE KENAI MUNICIPAL CODE 14.20.290 BE
AMENDED AS PRESENTED IN EXHIBIT "A".
PASSED BY THE ADVISORY PLANNING & ZONING COMMISSION OF THE CITY OF KENAI,
ALASKA, this I7th day of July, 1985. /~
G~~`~j <
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LEE LEWiS, CHAIRMAN
ATTEST:
Ja t Loper, P a Wing Secr' etary
~G ~' ~i~41 ~ ~ T A "
Suggested by: Administration
CITY OF KENAI
ORDINANCE N0. 1063-85
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA,
AMENDING KENAI MUNICIPAL CODE 14.20.290 KENAI ADVISORY
PLANNING AND ZONING COMMISSION APPEALS 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 Advisory Planning and Zoning Commission or Administrative
Official.
NOW, THEREFOR, 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
involved at least ten days prior to the hearing.
(2) Within 30 days after the hearing, the Board of
Adjustment 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.
(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 appeals shall be commenced by filing a
written notice of appeal of the decision or order bein
appealed. The Notice shall contain the appellant's
name and address, the decision or order being appealed
and the date of the decision. The notice of a eal
shall be accom anied b a 100 ex erase fee de osit and
shall be filed within ten 10 re ular business days of
the date the decision or order being appealed was
issued.
5 The expenses of the appeal shall be paid by the
appellant prior to the hearing before the Board of
Adjustment. If the expenses of the appeal are 1-ss-s--tyior~.
than the $100 de osit the a ellant shall be notified
of the amount of expenses above 100 which are still
due and owing prior to hearing 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 th day
of ,, 1985.
TOM WAGONER, MAYOR
ATTEST:
Janet Whelan, City Clerk
First Reading:
Second Reading:,
Effective Date:'
2