The Homer Advisory Planning Commission last Wednesday approved and forwarded to the Homer City Council a draft ordinance establishing zoning regulations for wind energy systems.

A new section of code, "Small Wind Energy Systems," sets forth guidelines for building wind-powered electrical generators between 10 and 25 kilowatts in the marine industrial, marine commercial and general commercial 1 and 2 zones and no more than 10kw in all other zones. The council must approve the draft for it to become final.

In an ongoing controversy over the Refuge Room, the Refuge Chapel's housing facility for men behind the church on Pioneer Avenue, the commission heard testimony on an appeal by citizen activist Frank Griswold challenging City Planner Rick Abboud's determination that the Refuge Room qualifies as a bunkhouse, and thus does not need a conditional use permit, or CUP.

Griswold asserts that it is a homeless shelter and would require a CUP. Meeting as a quasi-judicial body, the commission deliberated in a closed session after the meeting adjourned.

It has not yet published a decision and will deliberate again on July 1, said City Clerk Jo Jacobson.

The planning commission and planning staff developed the wind energy system ordinance due to the increasing popularity of wind power in Homer. Brad Hibberd, manager of distribution engineering services for Homer Electric Association, testified that in his 17 years with HEA only until recently had he had any calls.

"In the past two years my phone has been ringing off the hook regarding wind energy and solar alternatives," he said.

HEA customers generating their own power can sell excess power back into the grid. Since September 2008, HEA has interconnected seven wind or solar power systems to the grid, with another eight pending. A special meter records when excess power is generated.

Erik Schreier, an installer for Alaskan Wind Industries, Nikiski, said Homer has high potential for wind energy.

"Especially on the bluff, Baycrest Hill -- it's cooking," he said.

The ordinance establishes height and lot restrictions, with towers allowed to be up to 170 feet. The maximum height also means lot size and setback provisions, with lot minimums of one acre and a setback of 110 percent of the wind tower and blade height.

The logic behind a 1-acre lot was to confine the tower's fall zone to the lot if it should fail. The fall zone would have to be about a 375-foot wide circle with the 110 percent setback for a 170-foot tower. One acre is 43,560-square-feet, or about 209 feet on a side if a square lot, so the largest tower would require a lot more than an acre.

An Ocean Drive resident, Don McNamara, asked for the minimum lot size to be less. He said his lot is 100 feet wide.

Schreier said the highest tower Alaskan Wind Industries sells is 65 feet high with a 15kw generator. Wind generators work better the higher they're off the ground.

The planning commission kept the lot size restriction in the draft. It cut language allowing getting an easement from a neighbor to meet the setback requirement. It also changed language requiring the entire system and not just the towers to be a neutral color.

In the Refuge Room appeal, Griswold tried to assert his right to cross-examine Abboud. The hearing had been continued from the June 3 meeting after the city failed to notify Griswold and the Refuge Chapel of the hearing. Griswold got into a testy exchange with Commission Chairwoman Sharon Minsch. She said he could not use his 30 minutes to cross-examine anyone. The time was for oral arguments only, she said.

"I have a constitutional right to cross-examine," Griswold said. "In two previous hearings I was allowed to cross examine There is precedent."

Minsch consulted with assistant clerk Melissa Jacobsen, who said city attorneys had said the hearing was an opportunity to receive facts and not to cross-examine. After Minsch refused to let Griswold ask Abboud a list of questions, he left the hearing.

Griswold later provided the Homer News with a transcript of a hearing where Mayor James Hornaday and the city council -- acting as a board of adjustment -- allowed Griswold to cross-examine a witness. Griswold said if his appeal is denied, not letting him cross-examine witnesses at the HAPC hearing could be a point on appeal.

The HAPC ruled that Commissioner Lloyd Moore did not have a conflict of interest because he delivered water to Refuge Chapel Pastor Darren Williams. Commissioner Ray Kranich asked for reconsideration last Friday on that vote, and the commission on July 1 will hold a special meeting at 6 p.m. The commission will continue deliberations on the Refuge Room appeal then.

Michael Armstrong can be reached at michaelarmstrong.@homernews.com.