MEMORANDUM

KENAI PENINSULA BOROUGH

LEGAL DEPARTMENT

144 N. Binkley Street Tel. (907) 262-8609

Soldotna, Alaska 99669 Fax (907) 262-8686


TO: Ron Drathman, Assembly President

Kenai Peninsula Borough Assembly Members

FROM: Jack Brown, Assembly Member

DATE: June 30, 1999

SUBJECT: Ordinance authorizing appeals of denied vacation petitions to be heard by the board of adjustment

This ordinance is proposed in order for vacation appeals to be heard by the BOA rather than the assembly. While the assembly considers the approval of a number of vacations in its legislative capacity under AS 29.40, fewer denials of vacations are currently appealed to the assembly. Once an appeal is heard by the assembly it is more rare for the matter to be appealed to court. Since the BOA is designed to resolve disputes without the expense and complications of court and there are already procedures in place within the BOA code that could be readily applied to vacation appeals, the BOA is an appropriate forum to resolve vacation disputes. As with other matters before the BOA, the BOA could remand to the planning commission if the record did not reflect adequate findings or if new evidence has come to light after the planning commission hearing. Having the BOA hear vacation appeals, with an ability to remand to the planning commission, may help the borough save citizens of the borough, and the borough itself, the time and expense of proceeding to court with vacation appeals.