MEMORANDUM

KENAI PENINSULA BOROUGH

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

THRU: Mike Navarre, Borough Mayor

FROM: Lisa M. Parker, Planning Director

DATE: July 22, 1999

SUBJECT: Ordinance 99-46, Amending Chapter 20 By Authorizing a Hearing Officer To Hear Appeals from Planning Commission Decisions.

The accompanying ordinance provides for a hearing officer to hear all appeals from planning commission decisions relating to subdivision plats and vacation petitions. Appeals from hearing officer decisions would be heard by the board of adjustment. Currently subdivision plat appeals proceed directly to the board of adjustment, and appeals from denied vacation petitions are heard either by the assembly or a city council if the area is inside city limits.

If this ordinance is enacted, hearings before the hearing officer would be conducted in accordance with the procedures governing board of adjustment hearings, except that the parties would be allowed to introduce new evidence and provide testimony. The hearing officer would be selected through a request for proposals and have relevant experience. It is anticipated that one or more hearing officers would be selected annually, and individuals then called upon to handle appeals as they arise. This would provide an additional opportunity for errors to be corrected and controversies resolved before involving the board of adjustment.