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1977-06-29 Special MeetingADDENDUM TO MINUTES OF June 29, 1977 P & Z SPECIAL MEETING Page 1 IV. PUBLIC HEARING Variance- Lot 10, Block 1 Townsite Subdivision, Mr. Robert King. Mr. Mulitalo presented the staff report to the commission. He reported that Mr. King wanted to build a 10 unit apartment and had an understanding with KEA for the purchase of land that would allow him to proceed with this project. Mr. King is requesting a variance because even with the additional land from KEA he will be short approximately 1,000 square feet of land required to meet the Code for a project of this nature. Mr. Mulitalo recommended that the commission grant this variance with the following stipulations; 1) KEA convey clear title of land or grant title for full life of project; 2) Deed of conveyance -of title document or documents be given to the Planning Department prior to beginning construction of this project. Regular meeting was closed and public hearing opened. Mr. King was available for questions. The audience expressed concern over having enough parking area in such a congested area. Public hearing was closed and regular meeting resumed. Mr. Ball made the motion to grant the variance of 1,000 square feet on Lot 10, Block 1, Town - site Subdivision with recommendation of the staff regarding KEA conveying property to Mr. King. Mr. Busch seconded the motion. Mr. Logan stated that he sees the need for housing close to the cannery, but still if Mr. King does not get the land from KEA it is too much of a variance to grant. Mr. Milligan stated in connection with the particular agreement that there are two (2) things that administration would like to include in the agreement; 1) Kodiak Island Borough be named party to any agreement between KEA and Mr. King for protection of the public in the event that agreement is terminated by either party prior to the demise of this building. That we are aware of it and agree to it. 2) Agreement be reviewed and approved by Kodiak Island Borough with alleged incumbent for public protection that this variance is granted. Mr. Williams: The chair would entertain an amendment to the motion to include the two (2) points that Mr. Milligan made that the borough be a party to the agreement with KEA be reviewed by the borough and also that 2 parking spaces per unit be provided in the project. Mr. Pugh commented on Mr. Milligan's statement that sometime in the future KEA might go back on the situation. Also stated that if the motion passes with the stipulation that KEA convey title to the land, not granting any easements, but that way the land belong to Mr. King;to the apartment complex and it can never be taken away. Chairman Williams replied that it is in the motion that KEA convey title or clear title or convey title for the life of the building. In either case it serves the purpose. Mr. Logan moved to make an amendment to the motion that the borough be made a party to the agreement on the deeded land from KEA. Mr. Ball: It is automatically it,it is conveyed. I mean it has to be conveyed. Thats what I said it had to be conveyed. Mr. Logan: I withdraw it then. Mr. Williams: hie means a party in the actual conveyance. In oth?r words it could be renegotiated without the Borough involved. Mr. Milligan: If there is a conveyance of title then it would be moot. KIBS272990 F ADDENDUA TO MINUTES OF June 29, 1977, P & Z SPECIA,L MEETING PUBLIC HEARING - continued (Robert King) Page 2 Mr. Williams: Right. But in the second situation -that's the one that you are looking for the protection. Mr. Milligan: That thought was covered in Mr. Ball's motion that you do not use the word OR which I thought. Mr. Ball: I did not use the word "Or" it had to be conveyed. Mr. Milligan: Mr. Ball said to convey and that would make moot my comment about the Borough being a party to it. Mr. Williams: Under that condition Mr. Logan are you agreeable? Mr. '!Jilliams: Mr. Ball's motion is to convey title to Mr. King. Mr. Ball: Convey title. Period. Mr. Logan: I withdraw. Mr. Williams: Mr. Logan has withdrawn his motion. Any further questions? Mr. Busch: Could the secretary read the motion? Mrs. Clutter: Mr. Ball made the motion to grant the variance of 1,000 souare feet on Lot 10, Block 1, Townsite Subdivision with recommendation inciude two kz) p unanimous roll ca SUBMITTED: ecretar APPROVED: Motion passed KIBS272991