Some may think “it’s just the way things are”. The paper tigers tell us there’s no alternative and we have no choice. Too many have sacrificed too much to preserve my freedom and liberty, and I cannot in good concience idly stand by and allow a few bureaucrats to slickly and smugly steal, scam, or con me out of these blood stained and hard won rights and privileges. Is this really just a pre-defined irrelevant ritual? I see this as a fork in the road moment for Kodiak. Which path will we take and where will it lead us? I think this draft “replacement” is too much and I propose it be scrapped, and the effort be redirected to correct deficiencies in the existing code. Section by section.
In any case as this effort moves forward I will be proposing some changes to the code language to prevent possible abuses by the department.
I will propose that entirely new sections be added, with language designed to protect property owners from potential abuses. Something that more clearly specifies and details the actions the department must follow when making their “determinations”. The code could benefit from a “guiding principle” statement. As an example it might say something like: “the department shall apply this code in a manner that values and respects the rights of property owners.” And “in every case the department shall not seek to deny any request for a variance, or deny relief from any code requirement, based soley on their authority or ability to do so. Wherever and whenever possible, all negative determinations must be supported by a valid and supportable finding of negative impact to the environment, community or a neighbor.” The variance request process (code) should detail (1) what materials the department must provide to the applicant (2) how much time and how often the applicant can speak at his/her hearing (3) etc. the code should include language describing penalties and remedies for abuses or errors by the department. If this already exists in some other section (perhaps personnel) then those sections should be referenced in the appeal section. More to follow.

Taken from Kyle Crow’s comment at Friends of Kodiak Facebook Page