RUSSIAN CRK BK 1 LT 25A-1 - ExceptionMEMORANDUM ,
December 3. 1975
TO: Borough Clerk, Norma L. Holt '
FROM: Will Gariss, Borough Planner
RE: Brasie 55-Year Lease
Business Property, ADL 72-11, U. S. Survey 2539
1. The subject lease agreement was entered into January 23,
1973. The Leasee warranted and covenanted that he would proceed
with construction and development in accordance with his proposal
in the spring of 1973, and that the cocktail lounge, steak house and
motel shall be completed on or before the expiration of three years.
(January 25, 1976), and that an eleven-unit trailer pad shall be
completed on or before the expiration of five years, (February 28, 1978) •
2. On August 4, 1975, the Building Official inspected the
subject property and reported "He, (Mr. Brasie), has secured financing,
his final construction plans are in perforation (sic) and are to be put
out, for bids. The present schedule calls for completion before the
end of December this year. Mr. Brasie intends to appear before the
Borough Assembly to make a forma i progress report on his development."
3,. On November 29, 1975, Mr. Brasie contacted the Planning
Department stating that he was requesting a one years extension of the
three-year provision of lease that he might complete the cocktail lounge,
steak house and motel. He indicated that it would not be feasible to
Construct the eleven-unit trailer pad.
4. it was recommended to Mr. Brasie that he provide the
following materials for Borough consideration:
(a) . The feasibility study completed by his consultant
(b) Architectual drawings of the proposed structure
(c) Demonstration of his financial capability to carry out
the project.
(d) Copies of contractor bids or estimates
(e) Evidence of reviews by the Borough Sanitarian and
State Department of Environmental Conservation regarding
adequacy the public water and sewer systems proposed.
5. To date, Mr. Brasie has submitted item 4(a), the feasibility
study.
6. The Planning Department with the assistance of the Borough
Clerk has verified the Borough has valid patent to the subject property.
7. Lacking data requested in items 4(b) through 4 (e), the
Planning Department cannot attest that sufficient evidence has been
submitted that the proposed project is economically and physically
feasible. Recognizing the intent of the Borough Assembly to develop
the subject business property and the intent of the Leasee, the
Department recommends that Mr. Brasie be provided an additional six
month period to submit a completed developmental and financial
plan prior to cancellation of his lease. Upon submission of these
plans, the lease could then be modified to assure orderly development
of the project.
KODIAK ISLAND BOROUGH Case No.
PLANNING & ZONING REQUEST APPLICATION Date
1 q g. A
;I/3/(Q ir
Final Disposition / s
Application Fee Paid Remarks Alp 9
Type of Request EA/ 11:0-\
Description of Land: Addition A.0!--U,8 FLA Survey No.
Block Cet..AA-t-S-frIn W- Lots
Person Submitting Application 1).w.,.--1— 4- c--,. F 8 it
Mailing Address / 4L 6
Covering Letter Submitted Plat Submitted 1.40-S 64LAL-v%_pJL4;p.e.
Person or Representative to Attend Meeting rY1,,-,7- 4-- tr, &i4-4
Present Zoning
Proposed Zoning
Reason for Request
Approved
Remarks
Not Approved /
Remarks
Borough Assembly Approval
Remarks
March 20, 1968
Kr.. Dean Taylor
Mr. E. F. Brasie
BOK 4.4.1
Wiak, Alaska
Dear Sirs;
AS reqPiXed by the Rules of Procedure of the Planning & Zoning
(00Py enclosed), I forwarded your application letter
Lor anexception to construct a temporary bar building and a
trailer park to our Attorney. His comments, received today,
are as fcillows:
is request does not °amply with any of the
. . .
requwpmetts of the ,Subsection cited; there-
fore, l recommend the petitioners be so advised,
and that PO advise that that they will take
no action on the request as presented."
I an enclosing a copy of a previous application for an exception
which may assist you in preparing yours properly. Reference to
Sec. 4.A.6 (page 5.2.2) of the Zoning Ordinance may also help,
as the proposed location of the bar is zoned 'Conservation."
If I can be of any further assistance, please do not hesitate
to contact me.
Sincerely,
Sally Hendrix
Secretary
/s
Bros.
March 201 196$
lir. Claude Millsevs Jr.
Dimotor, Alat late Beverage
Control Board
Stat rti=t o Pav,..u.am
660 Vacl Iay Building
33 li Strt
Anchorage, .Aim;ka 99501
Deer Mx iflp
51.sia you wry rixt, for your pravt xvply to my iforeh 15 letter.
Stare seem to ba a misurslerstanding as to the location of the licwase
application of Hr. Zvi= ata Brasie. 1t lots at Chiniak within
U.S.& 347f. ems 20 ems odd utiles fan= the Sells Flats area whore we under-
stead the 1= is to be 04024,-* gri%1 I-34.1%A lets aw located within T. 30
B. IS W.„ 8.11.„ while t• tolls Plate ma iv vithin T. 2 S., R. 20W.e
112-stre alw a differonw bebman the status of the land at a.isdak, mi the
are-a_ prOposed for the license by Mr. Taylor and Ir. re Az the Bens
nwts area. %vs Ctlialak IOW team b selected ki" tiwg atzte gal t Faditra
qcfr4aluogat htv given than tantative AppEweal idt vEtiizi that t Iota
can be corenayod b auctioa tO private individuals* vt,zreas the particular
atet% a lin, Taylor anti Mr. &taste hes not =waved t teratative apIsmval
fraa the Federal nt nemssary for conveyance. It is lay utoderstawlinq
from the lilaska vision, of lezds that vo tentative klprottal from the Pederal
goVermient will to =wivi '. until tile tmtall native land claitl sitmtion
s teen settled. Your guess is as good as mine as to whoa this land would
b raleased ft reetata jtvitoiri so that at:sec/mut action can b takm
throt. jh imblie auction J either the State or the Borotvh.
234s rol* Wand *rough is not pretesting ths issuance a this license at
but cult wish that au factors -41,4 J t1 issuance a this
liouttre be perfectly clear. Should you &mire a. leccre 1eave:7 clarMTation
of ills iuvolved in the twitstivia aglezovals /xentioned shoves please
oontletecOr. F. J. Xesma, Acting Directors State Division a 1....eas.
I-tank you a at for ye= mospt rwly. If I c be of any further coastal...ea
please do ort h&sitate to. contact me.
Web
--hr. F. J. Keenan
aim Stmsbury
award Woe=
Bresie
Ur= Taylor
Sincerely,
G. S. Best
Borough aaairovea
SLTIME 7 L8
DEPARTMENT OF REVENUE
WALTER J. NICKEL, GOVERNOR
860 MacKay Building
338 Denali Street
ALCOHOLIC BEVERAGE CONTROL BOARD XIDINNE9VE1REINEEDUANEX
ANCHORAGE 99501
March 19, 1968
Mr. G. S. Best, Borough Chairman
Kodiak Island Borough
Box 1246
Kodiak, Alaska 99615
Dear Mr. Best:
The Alcoholic Beverage Control Board approved an
application for a beverage dispensary license to Mr. Taylor
and Mr. Brasie subject to meeting all requirements of the law.
This included meeting the planning and zoning requirements
of any local political subdivision, such as the Borough. No
license has been issued-nor will-one,be issued until Mr.
Taylor and Mr. Brasie meet all requirements.
Mr. Brasie and Mr. Taylor-'showed the Board evidence
that they wila have ownership through filing before selection
by the State'. Mr. George Vogt, Attorney for the applicants
stated that litigation would certainly—take an unpredictable
length of time before settlement takes place.
Minutes from the Kodiak Borough 'meeting of February
1, 1968, showed that sale of lots at Chiniak, U; S. S. 3474
be held up pending the Attorney General's opinion on what
procedure should be used because of improvements which have
been placed on the lots. The applicants' land is in this
area and suggests recognition of those like the applicants
who have improvements on their land will be considered. Further,
your minutes show a unanimous vote to put all the lots up
for sale as soon as possible.
Considering, all of these actions, the Board did
approve the application, after noting that posting requirements
were met on the part of the applicants, and no protest were
made despite the fact the=posting was done for the period
June 11 through June 22, 1967, some nine months previous to
your letter of March 15, 1968.
IMigDMIKA
R E CE !YE
MAR 2 0 1g58
Am
7i819110a1149,4Is23-445-
NORTH TO THE FUTURE IN 1967!
Mr. G. S. Best
-2- March 19, 1968
To answer your two specific questions:
• The license has not been issued. The application has
approval subject to meeting specifications of the Board.
Please refer to the copy of our March 6 letter to Messrs.
Taylor and Brasie, which we are sending to you at this
time.
2. The Board approved the application subject to definite
land ownership on the part of the applicants. The burden
of proof rests on them to make expenditures to provide
their building and site.
Sincerely,
Claude Millsap, Jr.
Director
CM:cdf
Enclosure
cc: Mr. F. J. Keenan, State Division of Lands
Mr. J. L. Stansbury, Building Inspector
Howard Keiser, Sanitarian
Messrs.. Dean S. Taylor and Eugene F. Brasie
TO
2_
FROM - -v0DIAK ISLAND BOROUGH
P. 0. BOX 1246
KODIAK, ALASKA 99615
SUBJECT:
FO
REVIEW OF REQUEST FOR EXCEPTION TO BUILDEMBAR IN
CONSERVATION ZONE OR P&Z MEETING OF 2/27/68
DATE. 3/18/68
Please review this
• •
ica 'on for next
ft-- $4,
Attached also is a letter which Sam wrote to the Alcoholic Control Board to
find out if the did
or 1icene f
PLEASE REPLY TO
SIGNED
• . -
Thanks.
2tJ t„f-A,-
DATE
SIGNED
RETURN THIS COPY 0 SENDER
Mazda 159 1068'
4r Clauea Wave Pt JrN, Utreotor
Alobbo re Crztrol Board
State tepartaant vavestos
336 Mtut.ti
Anchor Alaska SZOI
De= ft. limp»
It ,atandiug that you Woe issued a 11.9a= 'image to
cp a lir.) Urania for thoi) estakaistment of a bar in
rvre on itodialt Wand.
ate ainfos State aid= of Limas
eh they wish to Nara the bar
1i tiU
=Ws under Psalm).
that in artier far a
t be lager mel kind
as to I) ikether this
It and 2) whether or not
on Peamal at State
tar is eau-A4stly solicited
t froe the xodia inland
1A2i1.5 aryl have also applied
in a Q8ezvati on sons. These
nett miter' of our
1962.
Sincerely.
G. S. Best
lIerca01
wt Xectsant Stets Division a unas
J. L. stmsbury# awn; uspector
}14.3 Keiser/ sanitarian
.icoholic Beverage Controi.Boai
State of Alaska
860 MucKAY BUILDING
338 DENALI STREET
NCHORAGE, ALASKA 99501
xxxxxxxxxxxxx
86o McKay Building
338 Denali Street
March 6, 2968
Messrs. Dan S. Taylor & Eugentr—F. Brasie
Bells Flats
Kodiak, Alaska 99615
Gentlemen:
At the regular meeting of the ATcoholic Beverage
Control Board on February 234 1968i_the Board approved the
issuance of the new.beverage dipensary license with certain
qualifications.
1. The license could not be transferred from the ,specific
location in your application.
2. The structure or your premises must be perman,nt.to the
extent. that It cannot be removed from this location.
Specifically,- premises constructed upon skids would not
be acceptable.
Full compliance with all zon1g building health, and
other codes must be met..
Please. keep us posted as to the Progress you are
making with your premises so that we may request the formal
inspection o the prethises sufficiently in advance ,of your .
opening.
Claude 7°
07y,
- a
4-Ite Z r),
g /
or-,---11 ■-)C
66a M414,
a. agtor'
/ze
KODIAK ISLAND BOROUGH
ASSEMBLY i 1 - March • 21, 1968
I CALL TO ORDER
The meeting was called to order at 7,45 p.m. by Presiding Officer Jo Hajdu in the
Eagistrate °s Courtroom, Donnelley Building, Kodiak, Alaska.
1I =LOLL
Present Absent
Sam Best, Borough Chairman None
Mrs. Jo Hajdu, Presiding Officer
Don Arndt
Jiro Barr
Don Bullock
Mks. Betty Springhill
Also Present: Doug Preston, Clerk, Ralph Valkama, Assessor; Roy Madsen,
Attorney; Jim Stansbury, I3uildi ng Inspector, Howard Keiser,
Sanitarian; Mayor Pete Deveauo City Councilmen Wilton Mite
and Emil Norton` P &Z Members Ernie Brothers and John Welch,
Ben Ardinger, Ordinance Committee Member; Sally Hendrix,
Secretary, taking minutes; and approx. 25 people in the audience.
III MUTES OF PREVIOUS MEETING - 3/7/68
Mr. Best made two corrections. The first sentence under V -B should state, the
letter was read requesting permission to use the present dry dump site for the
incineration of garbage." Item X -B should State, The total acquisition cost would
be approximately $75,000 plus replatting costs of approximately $1,000" instead
of $2,220. The minutes were approved as corrected.
IV OTHER NUNJT'FS
A. P &Z - 3/13/68. There were no comments.
B. School Board - 3/11/68. There were no ctgnets.
V COMMUNICATIONS - CORRESPONDENCE - PEOPLE TO BE HEARD
D
A. Sig Strandberg, Local Government Specialist for Local Affairs Agency re
Annexation. This item was tabled until later in the agenda due to the late
arrival of Mr. St andberg's plane.
Representatives from Bells Flats. Mr. Taylor and iir. Brasie explained that they
had applied to the Planning & Zoning Commission for an exception in Bells Flats
to construct a bar on a temporary foundation until they own the land, and for r.
a trailer park in the future. They intended to follow the building code for
the bar except for the temporary foundation. The State Alcoholic Control Board
told them that a license could be obtained even if the building were on a
temporary foundation, as long as it was a platform and not skids. They have
applied to the State for purchase of the land. They claim that they have the:.
right to build on the property as the Chiniak people did, and the right to an
open auction without veterans preference and with 120 days to remove their
improvements if they are unable to purchase the lots. It was pointed out that
the Chiniak sale will not include Veterans Preference because the lots were
classified Private Recreation by the State. Mr. Taylor and Mr. Brasie asked if
an exception had been granted for the gravel sites in Bells Flats. Hr. Best
stated that none had been, due to an oversight. Er. Madsen reviewed the list;
of exceptions permitted after public hearing by P &Z under Section 11 -A of the
Zoning Ordinance. Gravel sites are included under the list, which cites
development and extraction of natural resources, together with necessary
buildings, apparatus or appurtenances. }Iowever, bars and restaurants are not
included on the list. Therefore, a rezoning from Conservation to Business would
be required for the bar. However, a rezoning application must be submitted by
a property owner. An application with the State for ownership of the land wo141d
not be sufficient. A contract of sale is necessary. Then the application woad
be submitted to P &Z. Mt. Madsen also determined that a public hearing will be
necessary under Section 11A of the ordinance for the gravel sites. The Assembly
requested that P&Z hold this hearing.
Letter from State Division of Lands re Future Land Selection. Letter was read
stating that there are 1100 acres in )onashka Bay with high potential for
residential area as the Pillar Creek Road is extended; recreation acreage in
Chiniak for both public and private development; and portions of Larsen Island
with possible private and public recreational sites, which are available for
Borough selection. These areas have received tentative approval by the State
and therefore are not subject to the Native Land Claims. sirs. Iiajdu asked if
C.