1976-05-14 Regular Meeting0 0 2
KODIAK ISLAND BOROUGH SPECIAL ASSEMBLY MEETING
MAY 14th, 1976
I CALL TO ORDER
The meeting was called to order by Presiding Officer Wallin
at 4:27 p.m., in the Borough Meeting Room, Borough Building,
Kodiak.
II ROLL CALL
Present
0 ' 2
Absent
Mayor Robert Craig Dr. Michael Emmick
Mrs. Betty Wallin
Mr. Hal Lincoln Mr. Frank Peterson
Mrs. Sandra Kavanaugh
Mr. James Peotter
Mr. Les Anderson (late arrival)
Also present: Mr. Mike Sharon, Borough Attorney; Mr. George
Vogt, attorney for Mr. & Mrs. Fred Ogden, Sr., also present;
and Mr. Fred Ogden, Jr. Others in the audience included,
Tom Hayden, Chairman Planning Commission; Gordon Barnett,
Building Official and approximately 15 other individuals.
III ITEMS OF BUSINESS
Presiding Officer Wallin noted that the Assembly would sit
as the Board of Adjustment to hear the Appeal of the
Planning Commission's actions regarding Lot 13A, U. S. Survey
3100, Fred and Sharon Ogden, Sr. The meeting was turned
over to Deputy Presiding Officer Lincoln to conduct the
hearing.
Mr. Lznco n note
A. A eal from P &Z Action - Fred & Sharon Ogden, Sr.
• at t e Notice o Appea
that the Board of Adjustment would hear testimony on
en certaind,
portions of that petition. Although the petition had not
been prepared properly testimony would be taken on the variance,
Grandfathers Rights and exception. The Board will not consider
Item 06, rezoning as the fees were not paid as required by the
Borough Code. A Section of the Code was cited 1 6.40.200 and
this concerns Trailer Courts and will not be considered by the
Board.
Mr. Lincoln asked that the order of questions be the same with
all witnesses. Mr. Lincoln further noted that the Board would
take testimony only and a decision will be rendered after a
review of that testimony.
Mr. Vogt called his first witness; Mr. Fred Ogden, Jr., was
sworn in by the Borough Clerk.
In reply to questions asked by Mr. Vogt, Mr. Ogden,Jr., replied
that on the lot in question there were two trailers and three
warehouses. Mr. Ogden noted that he was familiar with the use
of the property prior to the purchase, that was warehousing and
storage and that the space was being leased for storage to other
privatelindividuals. The types of materials stored were
In reply to question as sto whether or not tanythingvwas stored
outside, Mr. Ogden replied that there was, and these consisted
of a 90 -foot land craft and trucks. Mr. Ogden stated that this
property had been used for commercial storage as long as he
could remember, at least 11 years. The former owner of this
lot was Chuck Powell of Kodiak Transfer. The former owner had
also used a two place garage there for repair work. Mr. Vogt
then handed Mr. Ogden a piece of paper and asked that he describe
it for the Board. Mr. Ogden noted that this was a 1964 Business
License dated December 26, 1963 made out to Charles Powell dba
Kodiak Body and Repair Shop, Box 605, for vehicle repair, sales
services and rentals.
l 0 0 1 2 n -, 2
KIB SPECIAL MEETING - MAY 14 1976
Page 2
Mr. Ogden stated that about 2/3s of the property had been
used for outside storage and that when he acquired the
'Property there had also been a trailer on the property,
this has since been destroyed. Mr. Ogden was then given
a number of pictures, some taken before the cleanup of the
Property and some after that cleanup had begun. The cleanup
process was started prior to the letter from the Building
Official issuing the stop work order. Mr. Ogden further
indicated that they, he and his parents, anticipated using
the warehouses for commercial storage and replied that the
storage area would be used for the drilling rig for his
own personal tools. Mr. Ogden went on to state that the
property had been in a very run down condition at the time
of purchase, that it was cluttered with old vehicles, piles
of surplus materials. The trailer previously used for
dwelling had been removed as well as the leanto that was
attached to it. And Mr. Ogden noted that they were in the
process of cleaning up the area when the stop work order came
from the Borough. Since that time only a limited amount of
work has been done, such as closing in the pipes to keep them
from freezing, etc. Mr. Vogt asked if Mr. Ogden had gone to
the Borough Office when this development was originally started
and obtained a trailer permit. Mr. Ogden presented a receipt
in the amount of $10.00 (two receipts) signed by Kathryn Urie,
reading same to the Board, indicating the date was January 7,
1976. Mr. Ogden further stated that no one at the Borough
Office informed him that he would have to check with the
Building Official regarding the placement of the trailer and
further that the Borough Office had stated they always kept
the trailer permits as people had lost them in the past.
The distance from the road was cited as being perhaps 18 -20
feet. Mr. Ogden stated that it would be impossible because
of the terrain to move the trailers farther back from the
road. The sewer connection is to an existing sewer line that
services the trailer court across the road, is an 8" line and
noted that the sewer line that services Aleutian Homes is only
about 2 ". The trailers were located in their present positions
because of the access to the sewer line and any other placement
would mean that the sewage would have to be pumped up hill.
Mr. Ogden then listed a number of businesses located in this
area and located their positions on the zoning map. Total of
about 19, seven trailer courts and 12 business enterprises.
Also pointed out that the new sewer outfall will be about 400
yards away from the property in question. Mr. Ogden indicated
that he did not feel that the placement of the sewer treatment
plant in that area would greatly increase the residential land
use. In reply to question concerning other residential buildings
in the area and the setbacks, Mr. Ogden stated that there are
quite a few that are closer than the Ogden trailers to the road
right of way and some are even over the
property lines.
Mr. Sharon, Borough Attorney, then asked questions of the witness
asking that he sketch the outline of the lot in question, note
the placement of the warehouses, number the warehouses, place
the trailers in the proper location on the sketch and indicate
also the road into the property. When asked about the ptevibus
use, Mr. Ogden noted that he had been aware of the storage business
on that lot, had in fact seen some of the stored items and had
leased some of the storage space himself from Mr.Powell. In reply
to the question regarding the storage of construction equipment,
Mr. Ogden indicated he did not personally know whether or not
'this was stored on the lot, q Pment,
that Mr. Powell might have op erated a e b usiness on. other
noted that a property was
pproximately 2/3's of the lot was used for outside
individuals were sc trucks
t outside. w if
i 0 .i 2 0 3 3 0
XIS SPECIAL MEETING - MAY 14, 1976
Page 3
Mr. Sharon asked if business was being conducted under another
name, for storage. Mr. Ogden indicated that this was
for Fred and Sharon Ogden and that they would be storing the
same kind of material that Mr. Powell had stored on this.
property. Further that the drilling rig is owned by J &S
Drilling Company and will be stored on the land, J &S is a
family owned corporation. In reply to question regarding
storage of tools, Mr. Ogden indicated that this would be for
his own personal tools, used in his trade as a driller. He
was not sure at this point if he would be charged rental for
that space or not. It was anticipated that the commercial
storage of the warehouses would be continued, however no other
portion of the property was planned to be used for commercial
storage.
The placement of the trailers was noting that
Trailer #2 is located 5 -6 1/2 feet inside the property line
and Trailer #1 is 5 -8 feet inside the property line. One
trailer had previously been located across from B &C and the
other was on the Coast Guard Base. Mr. Ogden indicated that he
thought that his parents had contacted the Borough for the
permit prior to the placement of the trailers, however had not
personal knowledge. He indicated that Trailer No. 1 was placed
on the lot probably in September 1975 and that later No. 2 was
placed there, sometime during that year, 1975. Mr. Ogden stated
that the Borough Office was contacted in January for the permit
and that they had decided to live in the trailers, this was what
prompted the obtaining of the permits. The permit had been
applied for, and a receipt for the money given, at that point
the trailers were moved into position. The next contact with
the Borough was the letter from the Building Inspector. As
regards the land, Mr. Ogden noted that the land slopes down to
the ocean and there is a steep bank just back from the road.
It is this steep bank that prevents the trailers from being
placed farther back on the lot and the fact that there are
warehouses on the land. In reply to several questions regarding,
the drainage and the possibility of placement of the trailers
in different locations, Mr. Ogden pointed out the reasons why
this was the most logical place to put the trailers. Further
problems with the sewer line were also brought out, noting that
the 8" line was a much better line than the outfall that ended
on the
sewerlinecin anotheri broughtlout, notingethe e
rocky condition of this area. Mr. Ogden noted that the setback
of 25 feet would create just as much of a hardship as the
original 50 foot setback. Asked if there was any possibility
that the trailers are in the road right - of -way, Mr. Ogden stated
that they were not and he was sure because the land had been
surveyed. Mr. Ogden stated that they wished to live on the property
and do what they are doing at the present time.
Mr. Vogt on redirect asked where the business license presented
as an exhibit wallbofnthe shop Mr. d thatnMillie Muller is was
renting this particular building for storage. This was leased
after the Ogden's purchased the property. In reply to question
regarding a different location of the trailers Mr. Ogden replied
that the location as suggested toward the middle of the property
would not be good as there would be too much salt air and spray.
Assemblyman Lincoln asked if Mr. Ogden knew the person that
issued the stop work order and he acknowledged that he did,
George Lindholm is his father -in -law. Mr. Ogden indicated that
he had not been contacted previously for seeking a permit from
the Borough Office.
t 0 0 1 2 0' 3
KIB SPECIAL MEETING - MAY 14th, 1976
Page 4
Mr. Fred Ogden, Sr., was called to testify and sworn in by the
Borough Clerk.
Mr. Vogt asked how much of a hardship it would create for
Mr. Ogden to move the trailers to another location on the
Lot Mr. Ogden replied that it would not be possible unless
some of the warehouse buildings were torn down. Mr. Ogden
further noted that there had been a forty -foot washout after
earthquake which took a good deal of land from this lot. The
size of the lot was discussed at this point and Mr. Ogden
noted that the placement of the trailers were in the best
location possible, any other location would be very expensive
due to extra work for the sewer lines. Mr. Ogden replied to
a question concerning the 8" line and indicated that they
hoped that this existing 8" line would be hooked up to the
proposed City Sewer line; further noted that the 8" line had
been approved by the sanitarian and by the EPA. A map was
the presented as Exhibit No. 10, showing the road right -of -way and
present
thatarecurrently n in M the Oroad right- of- way3eIn replyltoings
several questions regarding previous use of the land, Mr. Ogden
stated that he was aware at the time of purchase that this
had been used for commercial storage and that he did feel that
the work that had been done had improved the looks of the
lot, i.e., cleaning up of the old truck bodies and all the
old vans, trailers and excess equipment. Mr. Ogden stated
that he did not know that he was required to get a building
permit. Mr. Vogt produced a copy of the Building Official's
letter of January 22, 1976, which stated the Building Official
had requested several weeks ago that Mr. Ogden contact the
Borough Office for the necessary papers, and asked if the
Building Official had contacted Mr. Ogden. Mr. Ogden stated
that he had not been contacted. He did indicate that he had
was
gone ttodtat BoroughmOce and Office paid for a trailer permit and
Office. Replying to a question s egardingetrafficnhazardorough the
Mr. Ogden stated that there was no harzard created due to the
fact that the trailers were 5 -8 feet from the road, and indicated
that if the road were to run down the center of the right -of -way
it would hit several other buildings. Mr. Ogden stated that
he could not say whether or not Mr. Dayton was charged for the
storage of the landing craft, although he was aware that Mr.
Powell was operating a commercial storage yard.
.
Mr. Sharon asked questions of Mr. Ogden regarding the previous
use of the land and whether or not he had been in any of the
warehouses. Mr. Ogden noted that he had been in one of the
warehouses and that he had not noticed any drilling rigs or
equipment being stored there. Mr. Odgen indicated the area
of the land that had been used for outside storage, however
he could not state whether or not the individuals were charged
for the use of this property. Mr. Ogden stated that if someone
wished to lease storage space from Fred & Sharon Ogden this
would be done, the intention was to lease warehousing space to
individuals or maybe to the canneries. In reply to question
regarding the storage of J &S Drilling equipment, Mr. Ogden
indicated that J &S would be storing equpment here, and that this
would be home base for the operation of the business. This
business entails the drilling of wells, and grading. The
vehicles used by this business will be going on and off the
land daily, although most of the equipment would be on a
particular job site. Mr. Ogden indicated that they did not
intend to use the land for storage of other business ventures
other than J &S Drilling. Further mechanical work would be
done on the J &S Drilling rigs and vehicles. Noted that it is
not in their plans at present to lease the area out to other
commercial storage companies to sublet to individuals, however
this is a possibility. Mr. Ogden stated that they did not
intend to use any other portion of the land other than what
Mr. Powell had use, Warehouse 1, 2 and 3.
1 1/ 2 0 3 3 1
RIB ASSEMBLY MEETING - MAY 14, 1976
Page 5
Mr. Sharon asked if Mr. Ogden had had contact with the
Building Official prior to the letter of January 22, 1976,
and Mr. Ogden stated that he had not. Mr. Ogden stated
that the Trailer No 1 had been placed on location about the
1st of December, 1975 and that Trailer No. 2 was placed there
sometime after that, in 1975. Mr. Ogden stated that he had
talked to the Borough prior to the placement of the trailers,
nor had anyone from the Borough Office asked him to get in
touch with the borough offices. In reply to question as to
what prompted him to apply for the trailer permit, Mr. Ogden
stated that they had decided to live in the trailer, and had
applied for the permit at least two weeks prior to the use
of the trailers. Mr. Ogden replied that he was not aware
of the setback requirements, they had been under the impression
that the land was zoned business and this would allow a five
foot setback. They did not know what the property was zoned
at the time of the purchase. They did not have any discussion
with anyone from the borough regarding the setback requirements.
The sewer line was placed on the property about two weeks
before the receipt of the stop work letter. Mr. Ogden stated
that there is probably about 20 feet between the property line
and where the road runs, and the width of the road is about
20 feet. Mr. Ogden also confirmed his son's testimony that
there is no other place for the trailers, with the exception
of possibly tearing down the warehouses, and it would be a
waste of the property.
Questions were asked by the member of the Board, purchase of
property, noted it was about the 1st of October, 1975 and
finalized about the first of November, 1975. In reply to
question by Mr. Vogt, Mr. Ogden replied that J &S Drilling is
a family owned and operated business, that they do provide a
service to the community as they are the only well drilling
service in the area.
Mr. Ogden replied that if the variance was not granted they
would just sell out and leave the trailers where they sit.
It was noted that the evidence as presented would be taken
under advisement and that a decision would be rendered within
ten days, said decision to be given in writing.
B. Review and Approval of the OCS Contract for Services,
Between Borough and State, Mrs. Kavanaugh moved to accept the
contract as drafted, seconded by Mr. Lincoln. Motion passed
by unanimous roll call vote.
IV ADJOURNMENT
There being no further business the meeting was adjourned at
7:10 p.m.,
ATTEST: rie
Boro Clerk
APPRO
Borough Mayor