The vote on Dec. 2 was the last step in the appeal process before the Planning Commission. At its Oct. 21 meeting, the commission had voted to deny Kennedy's appeal of a city zoning enforcement order. After the commission approved Abboud's recommendation that it deny Kennedy's appeal, Abboud prepared a draft written decision and list of findings. That commission voted unanimously to accept that decision and findings as amended. Kennedy has 30 days to appeal to the Homer City Council acting as a Board of Adjustment.

"It's just kind of grinding though the process," Kennedy said after hearing of the latest action. "I'm sure I'll appeal it."

The HAPC did reject a finding by Abboud that Kennedy "is not and never was a homesteader and the property in question does not constitute a homestead." Commissioner Ray Kranich Sr. had challenged that finding.

"Do we know for certain that he has never homesteaded?" Kranich asked. "If we don't know that, I don't think we should say that."

Kennedy appealed in July a June enforcement notice ordering him to remove junk, and asked for clarification of what items constituted junk. Kennedy contends his property is a recycling center and scrap yard. As one point of appeal, Kennedy wrote that he is guilty of "having lived here too long and continuing the 'Alaskan homesteader live and let live' principle."

Kennedy stores material outside at his home, a .32-acre lot and home assessed at $33,400 in an area zoned rural residential. According to city code, in areas zoned rural residential, junk cannot be stored outside. The code defines junk as "worn out, wrecked, scrapped, partially or fully discarded or damaged goods or tangible materials" as well as inoperable motor vehicles.

Abboud said material could be stored in sheds or garages if accessory buildings were allowed on a property, as for someone restoring a classic car. Commercial fishermen also can store boats and gear on rural residential property if neatly stored and set back from property lines.

The decision found that Kennedy operates a junkyard in a rural residential district and upheld the enforcement order requiring Kennedy to remove all items stored except firewood and licensed vehicles not found to be dismantled.

The commission's decision on Wednesday almost didn't happen. Four commissioners attended the regular meeting, including Kranich, Kent Haina, Jeff Sinn and newly seated commissioner Gretchen Druhot. Sharon Minsch, Coletta Walker and Tom Bos were absent. Minsch had been at a work session earlier, but went home because of illness.

The draft decision and findings was on the consent agenda, but Kranich pulled it and it was put on the regular agenda. When it came up on the agenda, Deputy City Clerk Melissa Jacobsen advised the commission that if Haina was excused from the vote, it would lack the four votes necessary to take action.

Haina had been excused from the Oct. 21 appeal hearing after Kennedy raised questions of bias.

Kennedy claimed that he spoke to Haina while he was campaigning for city council, and Haina had made prejudicial statements about Kennedy's property.

Kranich, acting as chairman in Minsch's absence, called a recess. He phoned Minsch to ask her if she could come to the meeting. She showed up about 10 minutes later - and attended from the back row of the Cowles Council Chambers.

"I'm telling you guys, I'm really sick," Minsch said when she showed up.

As expected, Haina again excused himself. With Minsch preserving the quorum, the commission voted to delete Kennedy's homesteader point of appeal and Abboud's response to that, and then approved 4-0 the amended decision and finding.

Since the HAPC denied his appeal, Kennedy has received letters of support sent to the Homer News. He said people have volunteered to block his property if the city tries to remove material. Several lawyers also have contacted him offering their services, Kennedy said. Two people have set up Facebook pages for Kennedy, "Homer, Alaska - Supporting Homesteader Lifestyle" and "Leave Mike Alone." Both groups have over 125 members.

Kennedy faces a fine of $250 a day if an order is upheld and he doesn't clean up his property.

Michael Armstrong can be reached at michael.armstrong@homernews.com.