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.