1985-102 Affirming a Decision of the Planning and Zoning Commission By the Board of Adjustment Which Granted Final Approval to Lakeview Subdivision.KODIAK ISLAND BOROUGH
RESOLUTION NO. 85 -102 -R
A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY, SEATED AS THE
BOARD OF ADJUSTMENT, AFFIRMING A DECISION OF THE PLANNING AND ZONING COMMISSION
WHICH GRANTED FINAL APPROVAL TO LAKEVIEW SUBDIVISION.
WHEREAS, Lenhart J. Grothe submitted the Lakeview Subdivision to the
Planning and Zoning Commission on April 14, 1983 for consideration as case
5 -83 -024, and
WHEREAS, the Planning and Zoning Commission conducted an advertised
and noticed public hearing at its June 15, 1983, regular meeting and granted
final approval of the Lakeview Subdivision, with four stipulations, and
WHEREAS, Marilyn Buker, President of Flirite, Inc., and Wilton T.
White filed a notice with the Borough Clerk, in a timely and proper manner,
appealing the Planning Commission's decision, and
WHEREAS, the Borough Assembly, seated as the Board of Adjustment at •
its September 1, 1983 meeting, conducted an advertised and noticed public hear-
ing on the appeal request and reversed the decision of the Planning and Zoning
Commission, and
WHEREAS, Mr. Grothe then appealed the decision to the Superior Court
for the State of Alaska which set aside the Assembly decision and remanded the
case back to the Planning and Zoning Commission for detailed findings of fact
with regard to float plane conflicts, safety hazards and property values, and
WHEREAS, the Planning and Zoning Commission adopted a detailed
finding of fact at the regular meeting of June 19, 1985 supporting final
approval of the subdivision, and
WHEREAS, Wilton T. White who appealed the decision in 1983 renewed
his appeal of the June 19, 1985 decision, and
WHEREAS, the Kodiak Island Borough Assembly, seated as the Board of
Adjustment at its November 7, 1985 meeting, conducted an advertised and noticed
public hearing on the appeal request.
NOW, THEREFORE, BE IT RESOLVED by the Kodiak Island Borough Assembly,
seated as the Board of Adjustment, that the June 15, 1983 and June 19, 1985
decision approving the Lakeview Subdivision is affirmed, for the following
reasons:
1. That no significant safety hazards to float plane operations or
surrounding residents will result from the creation of lots through
the subdivision process. Future development of the lots will be
within the City of Kodiak side slope and glide slope ordinances.
2. That the proposed subdivision will not be materially detrimental to
surrounding property values unless the float plane facility were to
be shut down as a result of noncompliance with City of Kodiak codes
and ordinances.
3. That the proposed subdivision will not have an adverse effect on any
applicable City of Kodiak ordinance. Compliance with city ordinances
will be assured through issuance of city building permits.
4. That possible unknowing purchases could be avoided by a note which
should be added to the plat as follows: "Some of the lots in this
subdivision may be affected by the City of Kodiak glide slope and
side slope requirements"
PASSED AND APPROVED this 6 day of March
ATTEST:
B CMG_
ough
KODIAK ISLAND BOROUGH
, 1986