ERSKINE ADD BK 6 LT 12 - RezoneKODIAK ISLAND BOROUGH
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CASE /--
PLANNING & ZONING REQUEST APPLICATION DATE
Type of Request:
LL-L )- 9, 1 q C.-
Final Disposition:
Remarks:
Description of Land: Lot:
Addn:
Person Submitting Application:
Nailing Address
Covering letter submitted: Plat Submitted: --
Referred from:
Block:
Survey #
Person or Representative to attend meeting:
Present Zoning:
Proposed Zoning:
Reason for Reque
..,•■•••
Unusual Circums es:
Approved: 7) 6 6..
Remarks: Ue) 13 -74
Not Approved:
Remarks:
Borough Assembly Approval:
Remarks:
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ASSEMBLY MEETING - April 7, 1966 3
VII Old Business
A. Rezoning R3 to R2, Townsite Blk 14, hots 1 -6, Blk 19, Lots 16 -40 (Case #70)
Public Hearing
Case reviewed and ordinance read. Mr. Lester moved for adoption of Ord. 66 -6 -0.
Seconded by Mrs. Hajdu. Public hearing declared open. Mr. Costello, owner of
Lots 5 -9, Bik 14, spoke against rezoning of Lot 6 since he wishes to build
apartments there. Mr. Saupe agreed to Lot 6 remaining R3 if remaining lots
were rezoned to R2. Mrs. Kessler spoke against the rezoning since she wants
to build apartments later. Mr. Cornelius, representing several people in the
area, spoke in favor of the rezoning. After further discussion, public hearing
was closed and motion was amended with concurrence of second to approve adoption
of Ordinance with the deletion of Lot 6, Blk 14. Carried by roll call vote as
follows:
YES NO
Mr. Wright Mr. Lester
Mrs. Hajdu
Mr. Haakansen
B. Rezoning Clinic Property (Townsite Bik 8 Lot 1 and USS 444 Tract D) from R3 to
Business (Case #71 -A) - Request withdrawn and ordinance cancelled.
C.= Rezoning Townsite Blk 16 Lots 5 -8 and 12 -17 from R3 to Business (Case #101-B
Second Reading and Public Hearing
Ordinance was read. Mr. Lester moved for adoptinn of Ordinance 66 -7 -0. Second
by Mrs. Hajdu. Public hearing declared open. Ken Brandenburg, speaking for
ASHA, objected to rezoning since part of these lots will be included in Urban
Renewal area. Rezoning to Business might affect the acquisition of these lots
since the value of them might be higher if they were zoned business. Mrs.
Springhill and Mr. Craig objected because they feared taxes would be raised.
Mrs. Kessler, in favor of rezoning, objected to waiting for takeover by Urban
Renewal. Mr. Best spoke of necessity of establishing a line between the Busines
and R3 areas. After considerable further discussion, public hearing was
closed and motion defeated by unanimous roll call vote. Mr. Lester made a
motion that the ordinance be rewritten to include only those lots presently
cut in half by different zoning, specifically Lots 15 and 17. Seconded by
Mrs. Hajdu and carried by unanimous voice vote.
D. Appeal to P &Z Decision on Rezoning of Erskine Addn, Various Lots Blks 5 -9,
from R2 to R3 .'(Case Nos. 10 and 1E) - Public Hearing and Board of Adjustment
Notice of public hearing read. Public hearing declared open. Mr. Harry
Wallace, Mr. Rohn Welch, and Mr. Harold Heglin spoke against rezoning. Mr.
James C. Merves, Attorney, representing Chris Berg and those appealing, spoke
for rezoning. Mrs. Hajdu brought out that there was a previous Attorney's
opinion against spot zoning. Mr. Starbird stated that he thought some of the
people for rezoning were already in violation of the ordinance. Mr. Gransbury
spoke of advantage of rezoning Mr. Walls' lots to Business. Representative of
Kailuk Co. stated that they are in favor of rezoning. Jim Stansbury stated
that violations of the ordinance do exist in the area. Mr. Wright spoke against
rezoning. Public hearing was closed. Mr. Lester made a motion to grant the
appeal for rezoning from R2. to R3; of the area described in the appeal. Seconded
by Mrs. Hajdu. After further discussion, motion defeated by unanimous roll
call vote.
VI H. Request for Rezoning Erskine Blk 9 Lots 115 -117, R2 to Business - Paul T. Walls
(Case #132 -A)
After some discussion, Mr. Gransbury stated that the planned parking lot would;
provide a buffer between the residential area and the office building, and
that the building would not he high enough to block the view. After further
discussion, Mr. Lester made a motion to deny the request for rezoning. Motion
died for lack of a second. Mrs. Hajdu made a motion to table this case.
Seconded by Mr. Lester. Carried by unanimous voice vote.
KODIAK ISLAND BOROUGH
Box 1246
Kodiak, Alaska
NOTICE OF PUBLIC HEARING
March 25,1966
This is to notify you that the Borough Assembly will sit as a Board of Appeal
at their next meeting to rehear the case on the rezoning of various 1c41 in
Blocks 5 thru 9 of the Erskine Addition from R2 to R3.
Since you are a property owner in the area, if you wish you may express,yo_
opinion on this matter at that time.
PUBLIC HEARING TO BE HELD IN
THE COURTROOM.
DAY Thursday DATE April 7, 1966
TIME 7:30 P.M.
•
KODIAK ISLAND BOROUGH ASSEMBLY MEETING
1966
I Call to Order
The meeting was called to order in the Magistrate's Court Room, Donnelley Building,
Kodiak, Alaska, by Deputy Presiding Officer, Eldon Lester.
II Roll Call
Present Absent
Wilton White, Borough Chairman Russell Wright
Eldon Lester, Deputy Presiding Officer Sven Haakansen
Mrs. Jo Hajdu
Fred Brechan
Also present: Borough Clerk, W. A. Sleness; Borough Attorney, Roy Madsen; and 20
people in the audience including Harry Carter, City /Borough Sanitarian;
Jim Stansbury, City /Borough Building Official; Sam Best; Rev. Bullock;
and George Vogt.
III Minutes of previous meeting, February 17, 1966, were read and approved without
comment by Presiding Officer.
IV Other Minutes
A. P &Z Commission minutes of February 21, 1966, were read.
B. P &Z Commission minutes of February 28, 1966, were read.
V Referrals from P &Z Commission
A. Memorandum from P &Z Commission Chairman, George Cornelius, was read. The memo
summarized Commission position on temporary permits for locating individual
trailers (mobile homes) in areas outside of approved courts. Chairman White
noted that with a Sanitarian and Building Official now on the Staff, the
regulation of trailers by permits would be accomplished at Staff level.
VI A. Letter from University of Alaska was read describing Radiological Monitoring
course being offered, and suggesting advisability,of having Mr. Harry Carter
attend. No action taken.
B. Letter from State Division of Lands re status of ACS school lands was read.
Information only. No action taken.
C. An opinion of the Borough Attorney was read concerning procedures for appeal
of Borough decisions on rezoning. A lengthy discussion and review of P &Z
actions in the cases of Chris Berg properties (and others) for rezoning and
exceptions followed.
Mrs. Hajdu moved (as amended with concurrence of second), to override (disapprove)
P &Z Commission approval for temporary zoning exception for three years on
Lots 105 and 106, Block 9, Erskine Addition. Seconded by Mr. Lester (reference
Item VIII -A, P &Z minutes of February 21, 1966).
Roll call vote on the motion:
Yes No
Hajdu Brechan
Lester
There then followed further general discussion on rezoning status of Chris Berg
and surrounding properties. It was determined that appeal on rezoning denial
would be heard before the Assembly after notice of publication and notice to
individual petitioners.
VII Old Business
A. Resolution 66 -8 -R, Port Lions Final Plat. After short discussion, Mr. Brechan
moved for approval, seconded by Mrs. Hajdu. Motion carried unanimous on roll
call vote.
Resolution 66 -9 -R, Kadiak Subdivision, Final Plat. A short discussion and
review of map followed. Mr. Brechan moved for approval, seconded by Mrs. Hajdu,
and motion carried unanimous on roll call vote.
MEMORANDUM
TO: Borough Assembly
FROM: P&Z Commission
February 23, 1966
SUBJ: REASONS FOR REJECTION OF ERSKINE RE-ZONING FROM R2 TO R3
At' the P&Z Commission meeting on February 21, 1966, the following reasons for
subject rejections were stated:
1. The lots are not large enough. If their use was changed from R2 to'R3, the
Grandfather Clause would not cover them, since they contain less than 7200
sq. ft. Many of the lots are only 5500 sq. £t. (Comm. Anderson),
2. There was a covenant in the dded on the property which required two-lots
f for the construction of a duplex, which would be 11,000 sq. ft. This ledd
the buyers to believe that duplexes Would only be permitted on these larger .
lots. Now part of the buyers have set aside the covenant, and rezoning
would permit tripUbtes on smaller lots which would be objected to by those
buyers still holding to .the covenant (Comm, Anderson). .
3. The majority of the home owners in the area.Ohjected to the rezoning because
they had built their homes under the impression that the area would remain R2
(Comm. Erwin).
4. Rezoning to allow the Chris Berg apartments to use two additional apartments
to ease the housing shortage did not seem to balance out against the great
opposition of the home owners (Comm. Juelson).
5. Many of the home owners objected to having their view of the waterfront
'possibly obstructed by erection of triplexes (Comm. Edris).
George Cornelius
Chairman
/sh
golgAg ISLAND BOROUGH
fax 1246
4444
February 11, 100
ThIS IS TO NOTIFY YOU THAT ON FEBRUARY 1, 1000, THE PLANNING & ZONING 0.040i0i00
VOTED TO KEEP R2 ZONING IN TRE AREA OF THE ERSICINE ADDITION IN WHICH YOU ARE
IIITERESTEDt AND THEY HAVE NOTIFIED THE BOROUGH ASSEMBLY OF THIS ACTION,
A COPY OF THE MINUTES OF THIS MEETING ARE ENCLOSED FOR YOUR INFORMATION.
V kit TRULY YOURS,
RoOTAk I§LPAN BOROUGH
/sh
Enc.
2-zri"Q-4
76
MEMORANDUM
February 9, 1966
TO: BOROUGH CHAIRMAN
FROM P&Z COMMISSION
SUBJ: REZONING ERSKINE ADDN, R2 TO R3, PROPERTY OWNERS (CASE #1D & 1E)
On February 7, 1966, the P&Z Commission held a public hearing on rezoning of various
lots in the Erskine Addition from R2 to R3.
Following the public hearing, a motion was passed to reject rezoning to R3 and
to keep R2 zoning in this area.
eorge Cornelius, Chairman
/sh
Attachments: Minutes and Case Files
KODIAK ISLAND BOROUGH PLANNING & ZONING COMMISSION
REGULAR MEETING - FEBRUARY 7, 1966
Call to Order
Chairman Cornelius called the meeting to order at 7:40 p.m. in the Magistrate's
Court, Donnelley Bldg., Kodiak, Alaska.
II Roll Call
Present Absent
George Cornelius, Chairman Loren Chester
Sam Best
Chuck Edris
Dick Juelson
Tony Perez
Phil Anderson
Gene Erwin
Sid Urie
Also present: Sally Hendrix, Borough Secretary, taking minutes; Jim Barr, Borough
Engineer; Harry Carter, Borough Sanitarian; and 28 people in the
audience.
III Minutes of previous meeting, January 17, 1966
Minutes were perused individually. Comm. Best corrected Par. VIII-F under New Business
to read "ASHA" instead of "Urban Renewal" and Par. IX-D under Old Business to read.
"Blk 1" instead of "Blk 5." There were no further comments or corrections and
Chairman stated minutes were approved as read.
IV Minutes of Borough Assembly, February 3, 1966
Minutes perused individually in silence. Chairman asked for comments. Comm. Edris
asked what had taken place on the Russell Case. Comm. Best explained that the
Assembly felt that the Borough was partly in the wrong in this case since Mr.
Russell had not been notified further after his case had been tabled. Comm. Perez
read Section 16.0 of the Zoning Ordinance which states that "failure of the Planning
Commission to make a determination within the time specified shall constitute
approval of the application." There' were no further comments.
V. Audience Participation
Mr. Breckburg suggested that the'Ordinance be changed s� that-n� repetition of a
case similar to Mr. Russell's could occur. Chairman Cornelius replied that the
Borough Attorney has been instructed to revise the Ordinance and that this should
, prevent repetition of these circumstances.
Public Hearings
A. Approval of Exception for ASHA Low-Income Housing Plans, Parcel 1, USS 2538 A&B,
Case #103-A
Chairman reviewed case and called upon Engineer Barr for further presentation.
Mr. Barr explained the necessity for an exception--that group housing is not
permitted 'in R3'zoning according to the Ordinance. He also gave the background
of the area involved. Comm: Best made a motion for approval of the exception as
outlined in Zoning Ordinance 64-5, Sec. 10 A 18, "Additional Uses Permitted--
Group Housing Developments." Seconded by Comm. Edris. ,Chairman then openedA
public hearing. Mr. Breckburg inquired if this land was owned by the city and
why it could not be opened to private sale. Mr. Barr explained that the
restrictions of the city's deed called for the land reverting to the U.S.
Government when, it was no longer used as watershed, and that there was no way
to get it released for private sale. .The public hearing was then closed, and
motion carried unanimously by roll call vote.
B. Rezoning Erskine Addn, R2 to R3, Property Owners (Case #1E)
Chairman reviewed case. Comm. Best made a motion that the case be opened for
public hearing. Seconded by Comm. Perez and carried unanimously. Chairman
opened public hearing, and Comm. Best explained that the intent of the hearin
was to aid the Commission in its decision on the case. During the following
hearing, Mr. Wallace, Mr. and Mrs. Heglin, Mr. and Mrs. Saupe, Mr. Welsh and
Mrs. Kessler spoke against R3 zoning, and Mr. Merbes, Attorney of Anchorage,
PLANNING & ZONING MEETING - February 7, 1966
• (Page
representing Chris Berg and those in Favor of R3 zoning, Mr. Slater and several
others spoke in favor of R3 zoning. The main arguments in favor of R3 were the
great demand for housing in Kodiak and the desirability for -this particular
area to be so zoned. The property owners in the area objected to the rezoning
because they already had homes there and wished to keep it an R2 area. The
public hearing was closed and Mr. Barr commented on the difficulty of a
decision in such a case,__since a rezoning would do injustice to the property owne
but -that the whole community is affected and there is a desperate need for R3
zoning. He pointed out that more property owners would be affected if any other
area were rezoned.. There followed further_discussion_among the Commissioners,
and Mr._Edrismade a motion to reject rezoning to R3.; Seconded by Comm. Erwin.
;Motion carried 4 to 3 in the following roll call vote:
Yes No
Comm. Anderson Comm. Best
Comm. Edris Comm. Perez -
. Comm. Erwin Comm. Urie
1 Comm. Juelson
Recommendation will be made to the Borough Assembly to keep R2 zoning in this
area. The people involved will be notified of the outcome of the case per
Par. 23 -D of Ord. 64 -5.
VII Correspondence
A. Letter to Wilton White from Ivor Schott re P &Z recommendation on land for
schools was read. Comm. Best made a motion that the Assembly take steps to
acquire subject land for the schools. Motion seconded by Comm. Edris and
carried unanimously.
B. Info copy of letter from Wilton White to Joe Keenan re Recreation Areas was .
read and noted.
VIII New Business
z
8. 9.
A. USS 3469, Units 1 -4, Island Bay Subdivision, Preliminary Plat, Karluk Land, Inc.
(Case #108-B)
Chairman reviewed case. Comm. Best disqualified himself and explained that
there will be quite a few changes made in this plat in order to obtain FHA.
approval and to improve upon it, but that the final plat will generally conform
to this preliminary one. The purpose of this preliminary plat is to keep
everyone informed about progress of the subdivision. A discussion was held
concerning utility right4ways and easements. A letter was read from Eng. Barr
containing recommendations for corrections of the plat. Comm. Juelson made a
motion that the preliminary plat be approved subject to the stipulations of
the Borough Engineer. Seconded by Comm. Perez. Carried unanimously.
Meeting recessed from 9:50 to 10:00 p.m.
Sanitarian Carter suggested that a zoning map be placed on a tripod for the meetings
so that it could be seen more easily.
Mr. Barr showed a trial print of the new zoning map and explained that the zoning will
be shown by shadings and crosssectibining. The maps will be ready in several days.
B. East Addn, Blk 35, Lot 7, Variance, M. Christofferson (Case #119 -A)
Chairman reviewed case. Comm. Best read Sec. 20 -C of Ord. 64 -5 concerning
variances. Comm. Juelson made a motion that a public hearing be held on this
case at the next regular P &Z meeting on February 21. Seconded by Comm. Juelson.
After brief discussion, motion was carried unanimously.
C. Referral frcm Assembly - Discussion of Requirements for Temporary Trailer Permits
Mr. White's memo to the P &Z Commission was read, as well as the section of the
Assembly minutes pertaining to this matter. Comm. Best moved to postpone this
item until later on the agenda. Motion seconded and carried unanimously. -
KODIAK ISLAND-BOROUGH
P.O. Box 1246
Kodiak, Alaska
January 27, 1966
THIS IS TO NOTIFY YOU THAT A PUBLIC-HEARING WILL BE HELD BY THE PLANNING 6
ZONING COMMISSION ON THE PETITIONERS' REQUEST FOR AND AGAINST REZONING OF-
PART OF THE ERSKINE ADDITION FROM R2 TO R3.
. AS YOU ARE A PROPERTY OWNER IN THE AREA, IF YOU WISH YOU MAY KXPRESS YOUR
OPINION ON THIS REQUEST AT THAT TIME.
PUBLIC HEARING TO BE HELD IN
THE COURTROOM.
DAY Monday DATE February
TIME 7:30 p.m.
VERY TRULY YOURS
KODIAK ISLAND BOROUGH
Planning and Zoning Meeting - January 17, 1966 Page 2
VI B. Public Hearing - Variance, Lot 24B, USS 3099, Chas. Edris (Case #98)
Chairman reviewed actions to date. Mr. Edris disqualified himself and
stated that he desired approval for a 17' side yard. Comm. Best made:a
motion for approval of the variance. Seconded by Comm. Perez. The public
hearing was opened and there were no comments. Hearing was closed and motion
was carried unanimously by roll call vote.
VII Correspondence: None
VIII New Business
A. Lot 14A,_Blk 16, Townsite - Exception to move building onto lot - John Butler
(Case #77)
A letter was read from Mr. Butler stating his desire to purchase this lot
from Mr. Bolden and to place the radio station building on it to be used for •
his business during the urban renewal transition period of up to two years.
Comm. Edris made a motion for a zoning exception to accept the movement of
a building onto this lot, to be removed within a two -year period after Mr.
Butler purchases his own land back from Urban Renewal. Seconded by Comm.
Juelson. Motion carried unanimously.
B. Lot A, USS 3218, Trailer Court Permit - Eugene C. Smith (Case #96)
Chairman reviewed actions to date. Mr. Smith answered questions concerning
his plans for water supply, electricity, playground, and parking. Some doubt
occurred as to possible number of trailers to be placed according to size of
lot.
Comm: Juelson made a motion that the case be submitted to the Borough Engineer
for his recommendation. Seconded by Comm. Perez.
There was further discussion on sewage and Comm. Best doubted approval of
present plan by the sanitarian.
Motion carried unanimously by roll call vote.
C. Lot 3, USS 3099, Trailer Court Permit, Jack Brisbane (Case #99)
Chairman reviewed actions to date. Comm. Edris made a motion to table this
case until next meeting due to lack of representation. Seconded by Comm.
Perez. Motion carried unanimously.
D. Erskine Addn. - Rezoning - Property Owners (Case #1)
Letter read from Borough Chairman to City Manager requesting copy of building
permit for Chris Berg apartments. Mr. Barr reported that he.had inspected.
the Chris Berg apartments and found that the third apartment is not in use,
nor in a condition to be used since it sis incompleted. There are only two
apartments being used at present. This was affirmed by Comm. Perez.
A, petition submitted by property owners in the area was read requesting a
zoning change from R2 to R3. A second petition by other property owners was
read protesting change in zoning from R2 to R3.
Comm. Best made a motion that a public hearing by P &Z be scheduled for Feb. 7.
Seconded by Comm. Perez. Motion carried unanimously. Those property owners
involved will be notified of the hearing by mail.
Mr. John Welsh stated from the audience that the Chris Berg unfinished
apartment is now sheet rock and is ready for painting.
E. Petition Leite Addn. - Ben Bolden (Case #102)
Chairman reviewed case. Petition was read requesting that this area, now
zoned R1, be kept R1 and be re- established as a completely residential area.
Comm. Best made a motion that the peittion be filed and brought out if any
re- zoning requests come up in the future. Seconded by Comm. Perez. Motion
carried unanimously.
Assembly Meeting 1/7/66 Page 3
The motion was seconded by Mr. Brechan. A short discussion followed during
which Mr. Brechan pointed out that Borough commitment iri this instance is
clearly limited to $750,000 in accordance with bonding authority as voted
for by the people.
It was brought out again that the architect's projected figures for site
preparation, sewer and water were estimates only, and that between the
possibility of city assistance on sewer and water, and probable excessive
estimate on site preparation, along with a budgeted sum of approximately
$30,000 for architect fees in current school budget, final cost could be
held within authorized funding limits.
Roll call vote on the motion: Carried unanimously and so ordered.
A short discussion followed on subject of authority for architect to commit
for test hole services. Opinion of Assembly in discussion was that this
authority lay with the school board as being monitoring body for the project.
Returning to Agenda schedule, next item:
V A. P &Z minutes of January 3, 1966, were read by the Chairman. A short discussion
on items in the minutes for Assembly action followed.
VI A. Letter dated December 28, 1965, from HHFA to the Borough was read by the
Chairman. There was a short discussion on the request in the letter which
was, in short, that certain lots in Aleutian Homes area be sold to ASHA for
their development in construction of housing for persons in middle income
bracket. Assemblywoman Hajdu moved that the position of the Borough Assembly
be in concurrence with the City Council position in being not in favor of
sale of these lots to ASHA and being in favor of sale to private developers.
Seconded by Mr. Brechan. Motion carried on unanimous roll call vote.
VI B. Chris Berg apartments: Chairman read petition of property owners in the
area. A short discussion followed in review of background of P &Z referral
and coincident receipt of petition for re- zoning. Concensus of Assembly,
without formal action, was to refer petition to P &Z Commission, and that the
Chairman should direct a letter to the City Manager, advising that the
Borough P &Z Commission has indicated violation of Chris Berg properties as
being operated as R -3 or triplex units and request their investigation on
compliance with building permit as issued and in accordance with the Borough
zoning ordinance.
VI C. .Assembly actions on various P &Z referrals:
1) Harding's trailers on Cutoff Road. Referral from P &Z was discussed and
reviewed. Borough Clerk was instructed to check on whether building
permit was issued.
2) The Chairman stated that the matter of Harding trailers appeared to be
a basic problem of sanitation and Borough Clerk was directed to instruct
Sanitarian to check out sanitary provisions of Harding Trailers for
report back to the Chairman.
VII Communications, Correspondence
A. Letter from Senator Magnuson re Soviet Russian sale of processed seafoods in
U.S. was read by the Chairman. No action.
B. Rotary Club resolution re hospital was read. No action taken. Resolution in
support of petition to Local Affairs for hospital and other area wide powers.
C. Letter from Chairman Matanuska - Susitna Borough was read. This was an
invitation for a conference January 14 on borough affairs in general. No
action taken.
KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION
REGULAR METING - NO a isER 3, 1965
I Call to Order
The meeting was called to order at 7 :45 p.m. in the Courtroom by Chairman,
George Cornelius.
II Roll Call
Present Absent_
George Cornelius Phil Anderson
Dick Juelson Bill Frost
Gene Erwin Chuck Edris
Sam Best
Sid Urie
Loren Chester
Also present: Bill Poland and James Barr
III Minutes of previous meeting - October 20, 1965
Chairman Cornelius requested that the minutes of October 20 be corrected to
read that the meeting was called to order at 7:45 p.m. instead of 8:45 p.m.
IV Minutes of Borough Assembly - October 21, 1965
Referred to Paragraph V 11.
V Communications and Appearance Requests
A. Ramaalia Subdivision - Final Plat,. Mr. Barris report was read. Commissioner
Best explained some of the deficiencies. Commissioner Urie moved approval
pro - technicalities are worked out to approval of the Borough Engineer.
Commissioner Juelson seconded. Voice vote was unanimous. Commissioner Best
abstained.
3. Nachtweih Subdivision - Submission of Final papers,. Withdrawn by request of
Mrs. Nachtweih.
C. Mrs. Harold Healin - Petition concerning Erskine Estate. Mr. Barr read
petition as presented. Petition is to be entered into record for use if a
rezoning proposal comes before the Planning and Zoning Commission at some
future date.
D. Holman's Garage. Borough Engineer's report was read as requested by the
Borough Chairman. Commissioner Chester moved that the report be forwarded
to Borough Assembly. Commissioner Juelson seconded. Roll call vote was
unanimous.
E. Trailer Inspection Report - Don Coon. Borough Engineer's report was read as_
requested by Borough Chairman. Commissioner Best moved report be given to
Borough Assembly for corrective action. Seconded by Commissioner Urie.
Voice vote was unanimous.
PETITION
26 October 1965
We, the undersigned, hereby petition the Kodiak-Planning and Zoning Conmissi,on
to prohibit the . rezoning of the rs1dn Subdivision, U. S. Survey No. 562,
which would' allow triplex houses to be built, or those already built to be
converted into triplexes. When we purchased these lots in this subdivision,.,:.
we did so with the understanding that nthe property shall not .be used
for any purpose, other than for residential purposes, either single famly'or .
duplexes,._and_no commercial activities_ shall =be conducted...." We believed
that we would be protected against anyone erecting a triplex.. We protest
allowing any changes to-the present zoning laws governing this property which
would allow such triplexes to exist. We do•not see why,Chris Berg, or anyone
else, should be permitted to convert dwellings into triplexes. Since a building
permit is required before erecting a-building, we believe that Chris Berg knew
and was fully apprised of the zoning regulations governing this subdivision
before his houses were built. We protest having our property devaluated just
to please one person. We firmly . believe that we people who have been, or will
be long -time residents -of Kodiak should be protected and given full consideration
in this matter. Certainly we feel we deserve far more consideration than any
resident of Seattle,_ or any other area outside the City of Kodiak. do feel
that the Planning and Zoning Commission will give us the protection and con-
sideration we hereby petition for. -
We firmly protest any action taken by Chris Berg, or any other individual,
to have this subdivision rezoned to- permit triplex housing, orany commercial:
activities.
We, the :.undersigned: ,.hereby :petition the Kodiak Plannihg and Zoning Commission
to prohibit . the rezoning 'of the. trskin Subdivision, U. S. Survey No. 562,
which would all ow. triplex houses to be built, or ,those already built to . be
converted into triplexes.' When we purchased these lots ..in' this subdivision,
we did so with the understanding that "the property :......shall not be used
for, any purpose other than for residential purposes, either' single _family or
duplexes, and no commercial activities shall: be conducted...." We ::believed
that we would be protected against : anyone erecting a - trplex.. We protest-
allowing any changes to the "present zoning laws governing . "this .property wtich
would allow such triplexes to exist. " Tie do not see why " Chris Barg, or anyone
else, should be permitted to convert dwellings into triplexes. Since a building
permit is required - .before erecting a building,"" we believe that Chris Berg .knew
and was fully apprised of the zoning regulations governing this subdivision
before his houses were built. We protest having our property devaluated just
to please . one person. We firmly believe that ` sae people' rho have been, or will
be .long -time residents of Kodiak should be protected and given full consideration
in this ratter, Certainly we feel . we deserve far more consideration than any
resident Of Seas tle,, orm any other area outside the .City 'of. Kodiak. We do feel
that the Planning and Zoning -Corrm7ission will give us the protection and con-
sideration °i.e • hereby petition for.
We firmly protest: any .action taken by Chris Berg, or any other individual,
to have this subdivision_ rewoned- to permit triplex housing, or', aear commercial
activities.
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Locher, Curley andaSilayMagel;
c/o Peat, Marwick & Mitchell
736 "G" Street
Anchorage, Alaska
Company of Alaska
MAIN OFFICE
705 SIXTH AVENUE
ANCHORAGE, ALASKA
BR 6-3301
ORDER NO 64-4473
DATE March 3, 1964
RE: WELCH, John H. & Florence L.
Owners Title Insurance Policy Premium $40.00 (Subdivision Rate)
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Title Insuranrue4 ! Trust oiiipany of Alaska
TITLE INSURANCE - ABSTRAC - ESCROWS
MAIN OFFICE
1
705 SIXTH AVENUP,e47104...BR 6-3301
7IVCHOWAGt. ALAS
Locher, Curley & Slaymaker
c/o Peat, Marwick & Mitchell
736 "G" Street
AmAmage, Alaska
Order No 64-4473
March 3, 1964
We are prepared to issue Owner's title insurance policy through
Title Insurance and Trust Company of Alaska in the amount of $ 5,000.00
Lots 107 and 108 of Block 9 of ERSKINE SUBDIVISION of U. S.
Survey No. 562, recorded February 17, 1950 in Book R, Page
348, situate in the Kodiak Recording Precinct, Third Judicial
District, State of Alaska.
showing the title on February 1964 at 8 : 00 AM., vested of record in:
JAMES E. CURLEY, PRESTON LOCHER and RONALD F. SLAYMAKER,
an estate in fee simple as tenants in common.
subject to the usual printed exceptions, and also the following:
1. Reservations in U. S. Patent.
2. Taxes and assessments, if any, due CITY OF KODIAK.
(Information to follow).
3. Dedication of streets, alleys and easement lines as shown
on official subdivision Plat in Volume R, Page 348, of U.
S. Survey No. 562.
skc
Form 11
I0s
(continued)
Very truly yours,
Title Insurance
By: D ug ive
any of Alaska
THIS COMPANY ASSUMES NO LIABILITY UNDER THIS PRELIMINARY REPORT UNTIL THE FULL POLICY
PREMIUM HAS BEEN PAID.
Title Insurance
Trust Company of Alaska
TITLE IN U RAN
ABSTRACTS ES CROWS
Order No. 64 4 47 3
Page No. —2-
4. Perpetual blanket easement for water pipe line to the
UNITED STATES OF AMERICA by virtue of and under the terms
of Judgment on Declaration of Taking, Cause A-3026, District
Court for Alaska, Third Division of May 10, 1943, recorded
May 21, 1943 in Volume L, Page 24.
5. Utility easement to KODIAK ELECTRIC ASSOCIATION INC.,
dated April 24, 1950, recorded April 25, 1950 in Volume
S, Page 112.
(This is a blanket easement).
6. Covenants, conditions and restrictions as disclosed by that
certain instrument recorded November 22, 1963 in Miscellaneous
Book 12, Page 74.
NOTE: We have made a special judgment search on JOHN H. WELCH
and FLORENCE T. WELCH and as of February 11, 1964 we
find no unsatisfied judgments against said parties.
THIS COMPANY ASSUMES NO LIABILITY UNDER THIS PRELIMINARY REPORT trzfru. THE FULL POLICY
PREMIUM HAS BEEN PAID.
i!41 ;",,ft
t•
COVENANTS AND RESTRICTIONS OP ERSKINE SUBDIVISION
Recorded in Miscellaneous Book 12, Page 74
November 22, 1963
PREAMBLE
The purpose of these covenants are to assure that property owners will be
fui.ly_protected from poor quality surroundings and that they will be assured
of pleasant, sanitary and safe sites to- erect their homes These covenants will
be in effect from November 1, 1963 on: Lot 15, Block 5; Lot 1, Block 6; -
Lots 49, 50, 51, 52, 53, and 54, Block 7; Lots 60, 61, 62, 63, 64, 65, 68, 69
and 70, Block 8; Lots 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114,
in Block 9, ALL located within the ERSKINE SUBDIVISION of U. S. Survey No. 562,
recorded February 17, 1950 in Book R, page 348, in the Kodiak Recording Precinct,
Third Judicial District, State of Alaska.
1. Land Use and Building Type:
That the property herein described shall not be used for any purpose
other than for residential purposes, either single family or duplexes,
and no commercial activities shall be conducted upon the premises
herein concerned, neither will there be permitted any conduct,
enterpises or usage that may create a nuisance, be unlawful or act
detrimentally to the peace, dignity or value of the property described
herein. It is further understood that the keeping of livestock and
old vehicles of any description which are not used for transportation
upon the premises herein concerned is prohibited.
Architectural Cont rol = NANT5 '',r :? aESTRICTIONS OF E.RSt, !N SUBD7 1 . ?�
No building shall be erected, placed, or altered, on any lot until •
the construction p ansrand speeifticationsuandoakplin showing the
location of the structure haveNbeenbapp:rovedr'by the Architectural
Control Committee as to quality of workmanship and materials, harmony
of external- design- with existing-structures,-,and
'i:R,'swith respect to topography and finish grade elevations. No fence
or wall shall be erected, placed or altered on any lot nearer to
anypst•reet thane the minimum- building =setba`ckt liner'uniess s &milady be
r;aI i approved r.: Approvalosha911.be y as.tprovidedgin; aov'enahtSh10 'and: hl, asnureC
oS ,nd s? de to t Ce their :%e s. 'nine Y ` ` will
3: :Dwelling costs quality and1.siae:n: Lot 15, 5; Let 1, :'Lock 6;
L_'.INo?dwe ling,sha115be permittedIon%any AotsatOa costoof 1ess6than5, Sri,
and $20,000003based:.upon, ooSt; levels..prevailing(op: the,date, these bovenant -s 114.
in Eitze :rccozd'ed;oittbeing: the iflteht.ioiWand ObtObW.bfoxhe, cOvehante toNo, = n
re.:;,aisureOthatr #11 0we1:13ngs shal1R bep:o € ta3gnsliityr of woikmanShipra g
1 iii. a andueateriarbatubstantialiyothe l save or better than. that which can
be produced on the date these covenants are recorded at the minimum
.,
Cost atatedoherein:iforTtbe:minimum permitted dwelling size. The
groundlfloorparea of= the iflain structur&, exclusiveeoftitnei.storysopen
pOrches..aniegarages: {shaal bey^ not•_?1ess_: than 800g `square: feetr for^ one -story
dwell =ingr norciees*:then 1 000 e4quareefeet forts dwelling ofemore ;than one - story.
hereiil ;orce. r9: r . L3 °eR will there k : permitted e
5} { ?:"flii.EL ?' .
enter p:Laes or tae that Fi1;10; CAL' :% unlawful or act
de 9. %9C.r:: l � t , the F;, r• , ry `•o y fir;^ 5 ve 1 r t pe .}
j a �:' u . t;i 3, �; .! P. ; t..i' :t ., t S tbe j3 [ ::y,: ' �: � GI i,. �. L.' 3: i. i�;
herein, It ., i tf;:';:h:':? lsi7der t'ood t''i t the keeping o
e
4. Building Location:
No building shall be located on any lot nearer to the front lot line
or nearer to the side street line than the minimum building setback
lines shown on the recorded plat. In any event no building shall
be located on any lot nearer than 25 feet to the front lot line, or
nearer than 15 feet to any side street line. No building shall be
located nearer...than 5 feet to ari interiorlot,Iine, except that no
side yard shall be required for a garage or other permitted accessory
--buildinge_located 40_feetter more from the minimum building set back line.
No dwelling shall be located—on—any—interior loannearer-than-15efeet
to the rear lot line. For the purpose of this covenant, eaves, steps, and
open porches shall not be considered as a part of a building, provided,
however, that this shall not be constructed to permit any pottion of a
building, on a lot to encroach upon another lot.
5, Lot Area and Width:
No dwelling shall be erected or placed on any lot having a width of
less than 50 feet at the minumum building setback line.
6. Easements:
Easements for installation and maintenance of Utilities and drainage
facilities are reserved as shown on' recorded plat and over the rear
ten feet of each lot.
7 Nuisances:
No noxious or offensive activity shall be carried on upon any lot,
nor shall anything be done thereon which may be orrnay become an
annoyance or nuisance to the neighborhood.
8. Temporary Structures:
No structure of temporary character, trailer, basement, tent, shack,
garage, barn, or other outbuilding shall be used on any lot at Aaytime
as a residence either temporary or permanently.
- _ - -----__ • -...-- „
9. Membership:
The Architectural Control Committee is composed of:
Ronald F„ S1aynaker
Preston Locher
James E. Curley'
A majority ofithe committee may designate a representive to act
for it. In the event of death or resignation of any member of the
committee, the remaining members shall have full authority to designate
a successor; Neither the members of the committee, nor its
designated representative shall be entitled to any compensation for
services performed pursuant to this covenant. At any time, the then
record owners of a majority of lots shallhavethe power through a duly •
recorded written instrument to change the membership of the .7ommittee or
to withdraw from the committee or restore to it any of its powers and
duties.
10. Procedure:
The Committee's approval or disapproval as required in these covenants
shall be in writing. In the event the committee, or designated
representative, fails to approve or disapprove within 30 days after
plans and specifications have been submitted to it, or in any event,
if no suit to enjoin the construction has been commenced prior to
the completion thereof, approvar will not be required and the related
covenants shall be deemed to have been fully complied with.
11. General Provisions:
These covenants are -to run with the land and shall be binding on all
parties and all persons claiming under them fora period of twenty -
five years from the date these covenants are recorded, after which
time said covenants shall be authomatically extended for successive
periods of 10 years unless an instrument signed by a majority of the
then owners of the lots has been recorded, agreeing to change said covenants
in whole or in part.
12. Enforcement:
Enforcement shall be by proceeding at law or equity against any
person or persons violating or attempting to violate any covenant
either to restrain violation or recover damages.
13, Severability:
Invalidation of any one of these covenants by judgment or court
order shall in no wise affect any of the other provisions which shall
remain in full force and effect.
4. Signs:
No sign of any kind shall be displayed to the public view on any
lot - except one professional sign not of more than one square foot, •
one sign of no more than five square feet advertising the property
for s,ie or rat, or signs used by a builder to advertise the
property during the construction and sales period.
— _-_-15. -Oil and– Mining- Operations: - - - - -
No oil drilling, oil development operations, oil refining, quarrying
or mining operations of any kind shall be permitted upon or in any
lot, nor shall oil wells, tanks, tunnels, mineral excavation or shafts
be permitted upon or in any lot. No derrick or other structure
designed for use in boring for oil or natural gas shall be erected,
maintained or permitted upon any lot.
166 Livestock and Poultry:
No animals, livestock or poultry of any kind shall be raised, bred,
or kept on any lot, except that dogs, cats or other household pets
may be kept provided that they are not kept, bred, or maintained for
any commercial purposes.
17, Garage and Refuse Disposal:
No lot shall be used or maintained as a.dumping ground for rubbish
trash, garbage or other waste shall not be kept except in sanitary
containers. All incinerators or other equipment for the storage
or disposal of such material shall be kept in a clean and sanitary
Condit ion.
18. Water Supply:
- The water supply shall be supplied _by -- -the Kodiak City_Water"- System._ -_____
19, Sewage Disposal:
The sewage disposal system shall be furnished by the Kodiak City Sewer
System.
We lereby certify that the herein described covenants and restrictions are
a true and correct copy of those recorded November 22, 1963 in Miscellaneous
Book 12, page 74.
Compliments of TITLB INSURANCE AND TRUST COMPANY OP ALASKA
Asst. Vice President Asst, Secretary
Jteve Collins
ox '1067
City
Seldon Nelson
Box 302
City
Harold Heglin
Box 1043
City
1
Ronald Slaymaker
c/
City
" ;11
N Neil Sargent'
Box 121
City
R. C. Wilson
Box 257
City
\INlike Fitzgerald
Box 1397
City
IDon Slater
Box 651
City
Edward Ogborn Bnix
Box'l741
City
John Tusvik
Box 2235
City.
?Chris Berg, Inc.
Box 2486
City
•
• Perry- Dedrick
c/o General Delivery
City
John' Welch
06i-127
City
Lynii-Saupe'
Box 1194
City.
Vic for Williams
Box 1254
City
Harry Wallace
Box 11F H.S.
Kodiak
Dewitt Fields
Box 25
City
\Patricia Cannon:
Box 585
City-
\ibW1m. B. Criss
Box 1135
City
• \George Panamaroff
Box 123
City
Cecelia Blankenburg
Box 707 •
City