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HomeMy WebLinkAboutOrd1978-455 3/27/78 RHJ:smf . . . ~ Intr~ced By: Int~ction Date: Public Hearing and Enactment: City Attorney 3/27/78 3/27/78 CITY OF SEWARD, ALASKA ORDINANCE NO. 455 AN ORDINANCE ESTABLISHING SPECIAL NOTICE PROCEDURES FOR PUBLIC HEARINGS ON ZONING ~~TTERS UNDER PRESCRIBED CIRCUMSTANCES AND DECLARING AN EMERGENCY WHEREAS, the Zoning Ordinance for the City of Seward prescribes a method by which conditional use permits can be granted within the City limits of the City of Seward, Alaska, and WHEREAS, a public hearing must be held prior to any action being taken on the application for the conditional use permit, and WHEREAS, Sections 21.40.05 - .15 prescribe the form and extent of notification to the public of the scheduled public hearing regarding the conditional use permit, and WHEREAS, the City recently gave notices of public hearings concerning three conditional use permits which were not in compliance with the notice requirements of Sections 21.40.05 - .15 of the Seward City Code, and WHEREAS, the City has issued conditional use permits based on the belief that the notice requirements had been fully satisfied, and WHEREAS, the holders of such permits have relied on the validity of the permits issued to them and have incurred obligations in con- nection with the proposed uses of their respective properties, and WHEREAS, the notice provision of Section 21.40.10 (a) requires a public hearing to be held not less than one month after notice is published in a newspaper of general circulation within the City, and WHEREAS, the holders of the permits are left without a decision as to whether they can proceed with the proposed conditional use until the public hearing is held, and WHEREAS, a delay in construction of more than one month could subject one or more of the applicants to substantial hardship due to commitments which they have earlier made, and WHEREAS, the City Council hereby finds that such a lengthy delay in completion of the proposed construction creates an unacceptable danger to the public health and safety and exposes other parties to a variety of financial and legal hardships, and therefore declares that a state of emergency exists with respect to such applications, Page 2 Ordinance No. 455 e e . . . NOW, THEREFORE, THE CITY OF SEWARD ORDAINS: Section 1. At the option of the holder of the conditional use permit which earlier was granted without full compliance with the public hearing and notice requirements of Sections 21.40.05 - .15 of the Seward City Code, a new public hearing shall be held at the time and place set forth in a resolution adopted by the City Council at a regular or special meeting thereof upon the notice prescribed in Section 2 hereof. A public hearing held in compliance with the resolution and the notice requirements of Section 2 shall constitute the only public hearing required prior to decision on the application for the conditional use permit. Section 2. Notice of the public hearing shall be given in the following manner: a. Public notice shall be published at least once prior to the date set for the hearing in a news- paper of general circulation with the City. b. Written notification shall be given to all real property owners on record with the Borough Assessor within a 300 foot periphery of the parcel affected by the proposed action either by certified mail or personal service or a combination thereof at least seven days prior to the date scheduled for the public hearing. Notice is deemed given when mailed to or personally served on the real property owner. c. The notification shall contain all of the information set forth in Section 21.40.10 Cd) or its successor. -- :=. '::-=- 3 _ ::-:;:;,,'=-:1ce No. 455_ . . . e e Section 3. This ordinance shall take effect immediately. PASSED AND APPROVED BY 'tHE CITY COUNCIL OP THE CITY OF SE'dARD, ALASKA, this 27thday of March ,]978. CITY OF ~~d Mayor SEHARD, ALASKA /~ 2 l ,C'(~ L. Hugli AYES: NOES: ABSENT: CAMPBELL, GILLESPIE, HUGLI, LEER, MOTT, POTTS AND VINCENT NONE NONE ATTEST: APPROVED AS TO FORM: HUGHES, THORSNESS, GANTZ, POWELL &BRUNDIN Attorneys for the City of Seward, Alaska /~ 0 ~_ '~\JiL L _4-IGriLC~LL J Anne E. Shanley cr City Clerk-Treasurer (City Seal)