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USS 2537B & USS 562 TR A-1 - Rezone (2)1 KODIAK ISLAND BOROUGH ORDINANCE NUMBER 74-5-0 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH REMNING OF LOTS 40, 41, 42, 43, 44, AND 45, BLCCK 2, ERSKINE SUBDIVISION AND LOT 12, BLOCK 1, KODIAK TOWNSITE, U. S. SURVEY 2537-B FROM R-3 TO COMMERCIAL. WHEREAS, ALASKA STATUTES 29.33.090 empowers the Borough to enact a Zoning Ordinance and provide for its administration, enforcement and amendment, and WHEREAS, the Kodiak Island Borough has pursuant thereto adopted Chapter 5 of its Code of Ordinances and Resolutions, which provided for planning and zoning provisions and procedures and WHEREAS, According to the Comprehensive Planning and Zoning Map adopted by the Kodiak Island Borough, Lots 40, 41, 42, 43, 44, and 45, Block 2, Erskine Subdivision and Lot 12, Block 1, Kodiak Townsite, U. S. Survey 2537-5 has been zoned R-3 and, WHEREAS, a petition has been received from FRED BRECHAN/ LOUIS IANI requesting same be rezoned from R-3 to Commercial for further development of the area, and WHEREAS, the Petition was considered and approved by the Planning and Zoning Commission on the 23rd day of February, 1974, after a public hearing was held thereon and concern was expressed regarding the height above'Resanof , the builders were agreeable to the stipulation that the building above Rezanof would be no more than one story; and said body has recommended the reclassification of said property to Commerical and no other objections were voiced at the public hearing; it having been determined that the public necessity, convenience and good zoning practice require such reclassification, NOW, THEREFORE, BE IT ORDAINED by the Borough Assembly of the Kodiak Island Borough that the property described as: Lots 40, 41, 42, 43, 44, and 45, Block 2, Erskine Subdivision and Lot 12, Block 1, Kodiak Townsite, U. S. Survey 2537-B Be and the same are hereby reclassified as Commercial and that notice of this Ordinance be given by publication in the Kodiak Mirror seven (7) days prior to the second reading and that a ...se. maz ,a/t..OleU 1.11e iuts wnere tne stated building was to be. Mr. Powell closed the public hearing and reconvened the regular meeting.Motion passed by unanimous roll call vote. VII OLD BUSINESS A. Memo from Borough Clerk on Kenneth Beemer Lot - Mrs. Holt read the Memo stating that Mr. Beemer came in and picked up a building permit and fine was paid due to late filing. Mr. Powell notedthat it appeared the Beemer case was closed. B. Opinion from Borough Attorney on Paving of Cutoff Road - The Bcrough Attorney's opinion is that the Kodiak Borough could not legally allocate funds for this paving.. Mr. Nelson asked that we send a copy of this letter to the city.