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HomeMy WebLinkAboutORDINANCE 2082-2005Suggested by: Councilor Moore CITY OF KENAI ORDINANCE N0.2082-2005 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC 14.20.290 TO REQUIRE NOTICES OF BOARD OF ADJUSTMENT HEARINGS BE SENT BY CERTIFIED MAIL TO THE APPELLANT AND ANY APPLICANT FOR A PERMIT BEING APPEALED FROM AT LEAST FIFTEEN (15) DAYS PRIOR TO THE HEARING; ALLOWING THE BOARD OF ADJUSTMENT FOR GOOD CAUSE TO SET THE PUBLIC HEARING DATE UP TO SIXTY (60) DAYS AFTER THE FILING OF THE APPEAL; AND UPDATING AND CLARIFYING OTHER PORTIONS OF THE APPEAL PROCESS. WHEREAS, currently under KMC 14.20.290, notices of a public hearing are sent by regular mail at least ten (10) days prior to the public hearing; and, WHEREAS, notices to the appellant and any applicant for a permit being appealed from should be sent by certified mail so the City can confirm when such notices were delivered; and, WHEREAS, such notices should be mailed fifteen (15) days in advance instead of the current ten (10) days; and, WHEREAS, while the code now requires the public hearing to be held within thirty (30) days, circumstances can arise where it is impractical for the hearing to be held in that time period. Therefore, the Board of Adjustment should be able to schedule the hearing up to sixty (60) days from the date of the appeal for good cause; and, WHEREAS, other sections of KMC 14.20.290 should be updated and clarified. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that KMC 14.20.290 is amended as follows: 14.20.290 Appeals--Board of adjustment (a) Appeals from decisions of the administrative official or the Commission must be submitted in writing to the City Clerk within fifteen (15) days of the decision. The appeal notice shall be in writing and must contain: 1) the name and address of the appellant; 2) a description of the action or determination from which the appeal is sought; and 3) the reason for the apps 1, which must include a description of harm to the appellant. Any person(s) ag ieved by a decision of the administrative official or Commission may file an appeal. The appeal shall be heard by the Kenai City Council acting as the Board of Adjustment. Ordinance No. 2082-2005 Page 2 of 3 1 (b) Procedure: (1) The Board of Adjustment shall ordinarily set a date for and hold a hearing on all appeals with thirty (30) days of the filing of the appeal. However, should the thirtieth day fall on a weekend or a municipal holiday, the hearing maybe scheduled for the next following weekday which is not a municipal holiday under KMC 23.40.020(a)(1)-(10) and (b). For good cause, the Board of Adjustment may hold the hearing up to sixty_j60) days after the filin og f 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 (300) feet of the property involved at least [TEN 10] fifteens days prior to the hearing. Notices to the appellant and f or applicant for the action or determination must be sent by certified mail, return receipt requested. (2) Within thirty (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, remand or affirm, wholly or partly, or may modify the order, 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 hearl_ngs [MEETINGS] of the Board shall be open to the public. [AND] The Board shall issue a written opinion, stating [KEEP MINUTES OF ITS PROCEED- INGS SHOWING] its decision, the reasons for its decision, and the vote of each member upon each question. The Board of Adjustment may undertake deliberations immediately upon the conclusion of the hearing on appeal or may take the matter under advisement and meet at such other time as is convenient for deliberations until a decision is rendered. Deliberations need not be public and maybe in consultation with the City Attorney. An electronic recordin shall be made of the hearings and shall be reduced to written minutes and, if needed, a verbatim transcript. Said minutes and verbatim transcript shall be made a public record. Copies of the decision shall be promptly posted on the City's official web site and mailed to all parties participatin in the appeal. Ordinance No. 2082-2005 Page 3 of 3 °~ PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this second day of March, 2005. ~~C~ PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: February 16, 2005 Adopted: March 2, 2005 Effective: April 2, 2005 (2/7/05 sp)