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Story last updated at 1:22 PM on Thursday, November 24, 2005

Point of View - City codes don’t protect longtime residents



By Donna and Kevin Maltz

Property owners, beware: There is no protection out there.

If you are a property owner or if you are considering buying property in Homer, you will find that the majority of the present codes are not adequate and the mentality of our government system is not to protect you as a property owner. The codes we should be able to rely on to protect us can also be used against us.

We are living in a town with many antiquated codes, and ones that support the attitude: “This is my land and I will do what I want; screw thy neighbor.” Another attitude is “Who cares about the growing pains in Homer, as long as I am on top when things bust.” Outside and inside investors are buying up the scenery as fast as they can, and next comes construction like this town has never seen.

We have a personal story to share with you which is happening in our backyard at the Fresh Sourdough Express. Once upon a time there were four vacant lots on the corner of Ocean Drive and Douglas Street. For the past 23 years, customers and staff have enjoyed views of the bluffs and trees and the moose that frequented these once alder-covered lots.

A year ago the land was purchased by an outside developer and replatted on behalf of the developer. The developer proceeded to get his permits. We had several casual discussions with the developer about his modest intentions for his “Fisherman’s Resort.” It all sounded wonderful and complementary in the way he presented the development to us. He said he was going to leave native vegetation and do extensive landscaping, and that his development was going to be top notch. We trusted he was going to do what he told us and would do the right thing, as any good neighbor would do. Most important, we trusted that the codes and laws were in place to protect longterm residents and business owners that have added value to the community and who have made long-term investments here.

After all, that’s why we pay taxes. Right? Wrong.

The plot of this story thickens when the fairy tale story turns to a nightmare. Once all the trees where stripped from the earth and the topsoil moved to the bottom and up and down to build the mounds you see today, we knew we had been misled. As we investigated, we realized that permits were issued without adequate plans to justify them. A few concerned neighboring property owners appealed to the city, as we felt misinformed as to the size and magnitude of the development. The diagrams of the plan where difficult to read and conflicted with the narrative descriptions. No one knew the actual size of the buildings or what was truly intended for this development. It goes on and on.

After meeting several times with the planning department and the city manager and attending the appeal hearings with the planning commissioners, it was clear that everyone involved with planning for our community is overworked and overwhelmed with the amount of development in Homer. Apparently, once a permit is issued it is very difficult to revoke. Even if mistakes are made, no one is big enough to admit it.

The appeal process took hours of time, emotion and energy. In the end, the majority of the results of the appeal were in vain. The antiquated, ineffective codes worked against us and those in a position to defend our situation took the liberty not to.

The magnitude of the development approved is unreasonable for this small piece of land on a busy corner lot. The plans approved are for a building of more than 8,400 square feet in size in the same amount of area as the Fresh Sourdough Express, which is 3,200 square feet.

The developer was issued a planned unit development permit and a conditional use permit so he is permitted to have an RV park, a restaurant, commercial-sized fish smokehouse, fish-packing plant retail space, RV office, bath and shower facility and a lodge building. The lodge building will be 21 feet high and is planned to be built eight feet from the west side of our building where the window looks out to the cliffs of Homer.

Why did this get approved?

Mismanaged planning and overdevelopment has brought the quality of communities down and has the power to decrease property values and quality of community living. These are not the reasons we moved to Homer. How about you?

As it stands today, the rights of long-term, tax-paying property owners are not protected anywhere along the way and your real-estate investment in Homer is vulnerable. You are at the mercy of a potential developer coming in and not only decreasing your property values but your way of life. Your views can be taken away and the darkness and silence at night can be replaced with outdoor lights glaring into your sitting room and the sounds of barking dogs flooding your classical comforts.

Homer is in a “growth for greed cycle.” If this concerns you, then voice your concerns to your city officials. Let them know that planning needs to be a top priority and to budget planning as a priority for Homer’s present and future. The annual budget meetings are going on right now. Question authority. Is Homer selling out?

We need planning with a vision for prosperity and quality of life.

Donna and Kevin Maltz have been living in Homer and running the Fresh Sourdough Express since 1982.

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