Loading...
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.