Griswold v. Homer Advisory Planning Commission
Annotate this CaseHomer, Alaska's Advisory Planning Commission (the Commission) approved a conditional use permit for the owners of a bicycle shop seeking to expand their entryway and install a covered porch. An objecting Homer resident appealed a superior court’s decision to affirm the permit approval, raising numerous procedural, legal, and factual issues. His main contentions were grouped into five general categories: (1) the Commission should have used a variance and not a conditional use permit; (2) the approval process violated various constitutional rights; (3) the Commission erred in its findings supporting the project; (4) the City Planner’s participation in the appeal was inappropriate; and (5) the judge was biased against him. The Alaska Supreme Court determined none of his arguments had merit. The Supreme Court concluded the Homer City Council, in an appropriate use of its legislative discretion, chose the conditional permitted use process to grant certain setback reductions. The Commission’s approval process and findings complied with applicable city code requirements and adequately protected the objecting resident’s rights. The City Planner’s participation in the appeals process was appropriate, and the judge displayed no disqualifying bias. Therefore, the decision to uphold the Commission’s approval of the conditional use permit was affirmed.
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