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ERSKINE ADD BK 7 PTN - Supplemental Information- �L.__ rice ' - 2. = 55' ,Z' -fAcew 3er f1\- LS% 7 1} = Li , ZS' 1�t�2_Att'1= I-c:s'I" t� & 911 : 7Zt�`7ti�L- L(Ay2� . Imo' w r —sT' 1 s' T ►1 b. 4.' r ■ter w,1=>•11;r' too' V�+TYt lv . 251 ►a i . i --t M t; r fAc,+---.; r � Cy, 12- a k�-+ -. ' . • `✓ st A-Q-'7 , — i orJ L-I 1 Ace-37 i1 (..t_ns 4 -v �O 54.15%% ((1 u W N 8.9° rc9' af,5 "W /00.47' O-14►L. ii=rat 118.-4 Ott , l 4 U1L soo •�s"w •gZAWO/ tom:.; i 3, t°t8S (.."""4, 1 - :••�2 i r Q a /%i "dia. a/a ri.ira•,icep Feeevarced fhi> survey • • /spa "des. Scdniiins 1, cap on .5 /sda. nave get 'ha survey: C- L f. ce-o . DRIVE EAST �OF A4• '% .,•...• ... i►. s * :49 TN >k. % A+ . Roy A. Ecktund ; w 4o j � \NO. 1638 -S , �1 RO °Essiow,��'04" Scale: / 1 hereby certify that 1 have surveyed the following described property: feW2T /p01 OLa k 7. ERSiem.la . s,J0t /V /S /O/y LA 5. 5UQVEV 54Z. PLAT Me 50- and that the improvements situated thereon are within the property lines and do not overlap or encroach on the property lying adjacent thereto, that no improvements on property Tying adjacent thereto encroach on the premises in question and that there are no roadways. transmis- sion lines or other visible easements on said property, except as indi- cated hereon. Dated this /7 day oC 06 �7T��•19 OY A. ECKLUND , Registered Land Surveyor e ' ��*T Drawn by: s 4LJ iE rik4AJ Dace: 9ociv e e /98;3 - Itc7' +Ca.� = 11 D' = 2 = 55. rte` -tpd27 sus - LS /o (n-r' t.-41"" 71- Z I • Z s' I2 - L.) 11- .ot.o.4to V 1 0 0' " / o o t i - N 8_9° e9' e3f,5 "kV /0 .47' V43492—. h12-� >_ .••,I t 3V t t_ iii ►rte V h 'w r��; .cam.. L.E&EI4 O = Ph." dia. alu.misa.-I Coo 17¢4="vertzd, 'this Sz rV tf /sus "des. .e.luepri; aenr cep oh .6/844. rcbor sat 7h:s s 1/-Vey. PEZANOC DRIVE' EAST Gf�tGvL.k��� - 1 L-b► -r ...'� pF ,t� 1 • .' r* • € • „,"?„� 0 f49 TH ? e „ . .. ... e J . . c..- Roy A. Ecklund c 's •. NO. 1638 -S AP � pROFE3SIQNA0-P.i .r Scan::. / 1 hereby certify that 1 have surveyed the following described property: Pc 2r, ,J at k- 7, ERSk AI& 5u8t /V /S /o, IA 5. 5b VEV 56Z G>r..4 T Am 50 - and that the improvements situated thereon are within the property lines and do not overlap or encroach on the property lying adjacent thereto, that no improvements on property Tying adjacent thereto encroach on the premises in question and that there are no roadways, transmis- sion lines or other visible easements on said property except as indi- cated hereon. Dated this ?7 day Dra OG OY A. ECKLUND Registered Land Surveyor b : S.41.firr ,4A! Date: 9c 232 /995.. ) LAW OFFICES OF JOAN MANN TH 0 MA S ATTORNEY Y AT LAW . ONE MARITIME PLAZA SUITE 935 SAN FRANCISCO, CALIFORNIA. 94111 TELEPHONE (4151362-3020 September 4, . 1985 Ms. Linda Freed Director Community Development Department Kodiak Island Borough 710 Mill Bay Road Kodiak, Alaska 99615-6340 Re: Block 7, Erskine Subdivision Unnumbered lot, surrounded .by- lots 49, 50,.-53, 54, 56,, and 57 Dear Ms. Freed: 15odiok island aoro.. I Kodiak, Alaska Rs pC E As I told you in my letter of August 19, 1985, you are correct in your statement that "the Borough has no record of the 'actual, recorded dedication' of the property in question. As I pointed out, the Borough records are incomplete and inaccu.rate, which should be readily apparent to any person perusing the Borough records since several references are made to the dedication there- in. It does not require a monumental expenditure of deductive reasoning to come to this conclusion, nor does it require a vast amount of time or intelligence for any capable person to_go_to_ your courthouse, have the .original survey pulled by the clerk and therein discover the existence and complete text of the dedication, ,in_question. If you and/or your staff are unwilling or unable to perform this simple task, I suggest that you have the Borough attorneys do so. With respect to the ordinances you provided, it-appearb-that- the lot in question is, for all reasonable intents and purposes, unbuildable, given the-front, side and rear setback requireMents. Therefore, I again suggest that based upon the opposition which would be received from adjoining land owners to any variance for thie non-conforming lot, it is and will continue to be foolhardy for you and/or your staff to suggest that this lot is "buildable." If you have any further questions, please call. Very truly yours, JMT/mm n Mann Thomas KNOW ALL MEN BY THESE PRESENTS:‘, Th ted, qualified and acting Executor of the Estate4 known as W J Erskine, Deceased, do hereby'decile*ii?.--:?' ions avenues, streets and alleys as shown on SUBDIVISION of U. S. Survey Mo. 562. situate in / the use of the general public, except that the ten 00) oot lane go to public or municipal control , but is intended for prh'ate . area fronting on Rezonoff Drive in Block No. Seven ( is not intended for public use or dedicated for _Publie, is and shall remain the sole and exclusive proPerly.'p its successors in interest; heirs and czssigns, and to ed, maintained and regulated by it or its successors. » heirs j assig/75 forever. IN WIT ESS WHEREOF, / have -hereunto set ii, hand day of i -_,L9so. . , WITNESSED Marshal/ Crutcher,: ,i4et 'or ' 6 ` 4h .. e Estate 4iqgE-)i17I1'5 in e: ' UNITED STATES OF AMER/CA . .. TERRITORY OF ALASKA SS: THIRD DIVISION ,:-.-.., - - . - ' - 7 • , . , THIS CERTIFIES' that on the v— day ,of. j.SO per- - se:ma/1y appeared before me, -the undersigned, a Notary Pub/,' 1 ,,,..; _ .far • -- the Territory of Alaska, residing in said territory and o'ivision,;'Ofhe with- in named Marshall Crutchec as Executor of the Estate of Wi/bur -41.1lian . rs me, ecease , personally known to me 140 be the individual deSc'ri bed in ,,,,_ and who executed the foregoing instrument as such Executor,- and did oc - - know/edge to me that he executed the some -freely and voluntarily;i,;for the. ,-: uses and purposes therein mentioned WITNESS my hand and official sea/ /he do; and year fiiStabOre_written. • • ,,,,,;, - . .. , . - . v A\ _ z % s.%'1,. •C' ... p ., ' ... -- ' : il Nota f Public in and. he ,Terrifbry , of A a. My C0171MISSI ej`<!-thireS 4/ 2.Z/ Si- - , : '-' I -it •%:.,-L?,--.4.:1 ' ': : . , --:„.c.---31.• . i ----i a : :.%.... ...- - , _.■_ 0 - 4:2 -...... • ..,- .,• ... 't, .10. ja, 4\ .7.,, :. - ''' ....-4*0.. %4:1....1‘ >1. , ' ' ' •'. _.• ' - f) :4" '1' , -- .•.: ■-; • ,, 6. ,, , • • - • . - 1, ,•-t-,t,,, 'I, _ - • 0 Kodiak Island Borough Ms. Joan Mann Thomas Attorney at Law One Maritime Plaza Suite 935 San Francisco, California 9411 710 MILL BAY ROAD KODIAK, ALASKA 99615-6340 PHONE (907) 486-5736 August 29, 1985 LeciP2-t- cs== cs.— Re: Block 7, Erskine Subdivision Unnumbered lot surrounded by lots 49, 50, 53, 54, 56, and 57 Dear Ms. Thomas: Thank you for your letter of August 19, 1985 regarding the above-referenced lot. The purpose of this letter is to provide you with a response to the specific points raised in your letter. 1. For the purpose of the Borough Code, the subject lot is a nonconforming lot of record, and is regulated by Kodiak Island Borough Code Section 17.36.030 (attached). It is also regulated by the zoning district regulations for the district in which the lot is located. This lot is located in the R2--Two Family Residential District (attached). These regulations are applied using the definitions of lot lines found in Kodiak Island Borough Code Sections 17.06.400, 17.06.410, and 17.06.420 (attached). We have received no application for zoning compliance for this lot. At the time of any such application, we will review it for compliance with the previously referenced code sections. 2. The Kodiak Island Borough has no record of the "actual, recorded dedication" cited in your letter. This dedication is not apparent on the recorded plat. Such restrictions on the use of the lot are apparently a private matter between the owners of the property in question. Joan Mann Thomas August 29, 1985 Page 2 I hope you find this information useful. If you have any questions, please call. Sincerely, Linda Freed Director Community Development Department ck Enclosures: Kodiak Island Borough Code Section 17.36.030, 17.19, 17.06.400, 17.06.410, 17.06.420 cc: Western Alaska Land Title Company (w /enclosures) Jack Mann (w /enclosures) Wilton White (w /enclosures) Rick Brush, Associated Realty (w /enclosures) Joel Bolger, Jamin, Ebell, & Gentry, Attorneys (w /enclosures) 17.36.010-17.36.020 Chapter 17,36 EXISTING NONCONFORMING USES AND STRUCTURES Sections: 17.36.010 17.36.020 17.36.030 17.36.040 17.36.050 17.36.060 17.36.070 17.36.080 Explanation. Intent. Nonconforming lots of record. Nonconforming structures. Nonconforming uses of structures. Nonconforming uses of land. General provisions. Exception--Junkyards. 17.36.010 Explanation. When a lot,. structure or use legally exists prior to the adoption of an ordinance codified in this title, but does not meet the requirements of this title, it shall be permitted to continue within the limits set forth in this chapter. Under such circumstances it is said to have "nonconforming" status. There are three types of nonconforming status: A. Nonconforming LQts. The lot width or area is smaller than the minimum permitted in the land use district in which it is located; B. Nonconforming Structures. The structure is designed to accommodate a nonconforming use or fails to meet yard, height or other development requirements established for the land use district in which it is located; C. Nonconforming Uses of Land and/or Structures. The use to which land and/or structures is being put is not a permitted or conditional use in the land use district in which it is located, and is not otherwise permitted in this title. (Ord. 82-45-0 Sl(part), 1982). 17.36.020 Intent. Within the land use districts established by this title there exist lots, structures and uses of land and structures which were lawful before the ordinances codified in this title were passed or amended, but which would be prohibited under the existing terms of this title or future. amendments. It is the intent of this chapter to permit these non- conformities to continue until they are removed. Such uses are declared by this chapter to be incompatible with permitted uses in the land use districts involved. It is further the intent of this chapter that noncon- formities shall not be enlarged upon, expanded or extended, nor be used as grounds for adding. other structures or uses prohibited elsewhere in the same district. (Ord. 82-45-0 §1(part), 1982). 114-2 (Kodiak Island Borough 1/83) 030--17.36.040 17.36.030 Nonconforming lots of record. In any district in which single-family dwellings are permitted, notwithstanding limitations imposed by other provisions of this title, a single-family dwelling and customary accessory buildings may be erected on any single lot of record existing at the effec- tive date of adoption or amendment of the ordinances codified in this title. Such lot must be in separate ownership and not of contiguous frontage with other lots in the same ownership. This provision shall apply even though such lot fails to meet the requirements for area or width or both, if the lot conforms to the other regulations for the district in which such lot is located. Variance of yard requirements and of other development requirements, except as specified above, shall be obtained only through action of the planning commission as provided in Chapter 17.66 of this title. If two or more lots, combinations of lots, or portions of lots with contiguous frontage in single ownership are of record at the time of passage or amendment of the ordinances codified in this title, and if all or part of the lots do not meet the requirements for lot width and area as established by this title, the lands involved shall be considered to be an undivided parcel for the purposes of this title. No portion of said parcel shall be used or sold which does not meet the lot width.and .area requirements established by this title, nor shall any division of the parcel be made which leaves remaining any lot.with width or area below the re- quirements stated in .this title, except to allow the addition to abutting land to .make a standard lot, providing such sale does not thereby create a substandard lot. (Ord. 82-45-0 Sl(part), 1982). 17.36.040 Nonconforming structures. Where a lawful structure exists at the effective date of adoption or amendment of the ordinances codified in this title that could not be built under the existing terms of this chapter by reason of restrictions on area, lot coverage, height, yards, or other characteristics of the structure or its location on the lot, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions: A. No such structure may be enlarged or altered in a way which increases its nonconformity. B. Should such structure be destroyed.by any means to an extent of more than fifty percent of its replacement cost at time of destruction, it shall not be reconstructed except in conformity to the regulations for the provisions of this title. C. Should such structure be moved for any reason and for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located after it isn moved. (Ord. 82-45-0 §1(part), 1982). 115 (Kodiak Island Borough. 1/83) 17.36.050 -- 17.36.060 17.36.050 Nonconforming uses of structures. If a law- ful use of a structure, or of a structure and premises in combination, exists at the effective date of adoption or amendment of the ordinances codified in this title, said use may be continued so long as it remains' otherwise lawful, sub- ject to the following provisions: A. No existing structures devoted to a use not permitted by this title in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved, or structurally altered except by changing the use of the structure to a use permitted in the district in which it is located. B. Any nonconforming use may be extended throughout any part of a building which was manifestly arranged or designed for such use at the time of adoption or amendment of the ordinances codified in this title. No such use shall be extended to occupy any land outside such building where such land was not so used at the effective date of adoption of this chapter. - C. If no structural alterations, are made, any noncon- forming use of a structure, or structure and premises, may be changed to another nonconforming use provided that the planning and zoning - cgmmi.s,sion shall find that the proposed use is equally appropriate or more appropriate to the district than the existing nonconforming use. In permitting such change, the planning commission may require appropriate condi- tions and safeguards in accordance with the provisions of this title. D. Any structure, or structure and land in combination, in or on which a nonconforming use is superseded by a permit- ted use, shall thereafter conform to the regulations for the district in which such structure is located, and the noncon- forming use may not thereafter be resumed. E. When the nonconforming use of a structure, or struc -. ture and premises in combination, is discontinued or aban- doned for one year or more, the structure, or structure and premises in combination, shall not thereafter be used except in conformance with the regulations of the district in which it is located. F. Where nonconforming use status applies to a structure and premises in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land. -(Ord. 82 -45 -0 §1 (part) , 1982) 17.36.060 Nonconforming uses of land. Where, at the effective date of adoption or amendment of the ordinances codified herein, lawful use of land exists that is made no longer permissible under the terms of the ordinances codified in this title, as enacted or amended, such use may be continued, so long as it remains otherwise lawful, subject to the following provisions: 116 (Kodiak Island Borough 1/83) 17.36.070 A. No such nonconforming use shall be enlarged, increased, or extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of the ordinances codified in this title. • . B. No such nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by such use at the effective date of adoption or amendment of the ordinances codified herein. C. If any such nonconforming use of land ceases for any reason for a period of more than one year, any sub- sequent use of such land shall conform to the regulations specified by'this title for the district in which such land is located. (Ord. 82-45-0 S1(part), 1982). 17.36.070 General provisions. A. Signs and Display Devices. A nonconforming use Of a structure or nonconforming use of a structure and land shall not be extended or en- larged after passage of the ordinances codified in this title by attachment of additional signs to a building, or the placement of additional signs or display devices on the land outside of the building, or by the addition of other uses, if such.additions are of a nature which would be pro- hibited generally in'the'district involved except that this provision shall not be deemed to prohibit the replacement of one sign with another of like size. B. Construction Begun Prior to Passage of the Ordinances Codified Herein. To avoid undue hardship; nothing in this Chapter shall be deemed to require a change in the plans, construction, or designated use of any building on which actual construction was lawfully begun prior to the effec- tive date of adoption or amendment of the ordinances codified in this.chapter and upon which actual building construction has been diligently carried on. Actual construction is hereby defined to include the placing of construction materials in permanent position ,and fastened in a permanent manner, and demolition, elimination and removal of an existing structure in connection with such construction, provided that actual construction work shall be diligently carried on until the completion of the building involved. C. Repairs and Maintenance. On any nonconforming struc- ture or on any building deiroted in whole or in part to any nonconforming use, work may be done in any period of twelve consecutive months on ordinary repairs, or on repair or re- placement of nonbearing walls, fixtures, wiring Or plumbing, provided that the cubical content of the building as it existed at the time of passage or amendment of the ordinance , codified herein shall not be increased. (Ord. 82-45-0 Si (part) , 1982). 116-1 (Kodiak Island Borough 1/83) 17.36.080 -- 17.40..010 2 17.36.080 Exception -- Junkyards. Irrespective of any other provisions of this title, any junkyard as defined in Chapter 17.06 located in any district other than an I- Indus- trial district is declared to be a public nuisance and not • entitled to the protective provisions of this chapter. (Ord. 82 -45 -0 §1(part) , 1982) . Chapter 17.39 HEIGHT LIMITATIONS ections: 17.39.010 Height limitations. 1 39.010 Hei•ht limitations. The height 1 itations containe• in this title do not apply to spires, •elfries, cupolas, c mneys, antennas, water tanks, vent ators, elevator hou-'ng, or,other similar structure placed above the roof level which are required for the o-eration and maintenance of a building. (Ord. 83 -71 -0 1, 1983). Chapter 17.4 PROJECTIO INTO R Sections: 17.40.010 Projectio•s into - quired yards. UIRED YARDS 17.40.010 Projec ions into requ ed yards. Where yards are required, they s. -11 not be less in depth or width than the required minim dimensions in any p t, and they shall be at every point open and unobstructed fr.. the ground to the sky, except =s follows: A. Outsi - -e stairways, fire escapes, porc•es, decks, or landing p ces,.if unroofed and unenclosed, = extend into a required -ide yard for a distance not to exceed our feet or into a required rear yard for a distance not to - seed twelve -et, but never more than one -half the distanceN\ of any requir- d yard; Cornices, canopies, eaves or other similar archi- te ural features not providing additional floor space within a •uilding may extend into a required yard not to exceed two eet. (Ord. 83 -71 -0 §3, 1983). 117 (Kodiak Island Borough 12/83) 0 '9.010 -- 17.19.020. Chapter 17.19 R2 -TWO- FAMILY RESIDENTIAL DISTRICT Sections: 17.19.010 17.19.020 17.19.030 17.19.040 17.19.050 17.19.060 Description and intent. Permitted uses. Area requirements. Yards. Building height limit. Public service requirement. . 17.19.010 Description and intent.' The two- family residential district is established as a land use district for single - family and two - family residential dwellings and limited office uses where public water and sewer services are available. For the two - family residential district, in promoting the general purposes of this title, the specific intentions of this chapter are: A. To encourage the construction of single - family and two - family dwellings; B. To prohibit commercial and industrial land uses and any other use.of the land which would interfere with the development or continuation of single - family and two - family dwellings in the district; C. To encourage the discontinuance of existing uses that are not permitted under the provision of this chapter; D. To-discourage any use which would generate other than normal vehicular traffic on streets serving residents on those streets; and E. To prohibit any use which, because of its character or size, would create requirements and costs for public services, such as police and fire protection, water supply and sewerage, before such services can systematically and adequately be provided. (Ord. 83 -17 -0 S3(part), 1983). 17.19.020 Permitted uses. The following land uses are permitted in the two - family residential district: A. Accessory buildings; B. Beauty shops; C. Churches; D. Clinics; E. Greenhouses; F. Home occupations; G. Hospitals; H. Parks and playgrounds; I. Professional offices; J. Schools; K. Single - family dwellings; and L. Two - family dwellings. (Ord. 83 -17 -0 §3(part), 1983). 107 (Kodiak Island Borough 6/83) ,.19.030--17.19.060 • 17.19.030 Area requirements. A. Lot Area. The minimum' lot area required for a single-family dwelling is seven thou- sand two hundred square feet. The minimum lot area required for a two-family dwelling is three thousand six hundred square feet per dwelling unit. B. Lot Width. The minimum lot width required is sixty feet. (Ord. 83-17-0 S3(part), 1983). 17.19.040 Yards. A. Front Yards. 1. The minimum front yard shall be twenty-five feet unless a previous building line less than this has been established, in which case the minimum front yard for interior lots shall be the average of the setbacks of the main struc- tures on abutting lots on either side if both lots are occu- pied. 2. If one lot is occupied and the other vacant, the setback shall be the setback of the occupied lot plus one- half the remaining distance to the required twenty-five-foot setback. 3. If neither of the abutting side lots or tracts are occupied by 'a structure, the setback shall be twenty- five feet. B. Side Yards. The minimum yard required, on each side of a principal building, is ten percent of the lot's width but need not exceed twenty-five feet. The minimum .side yard required on the street side of a corner lot is ten feet. C. Rear Yard. The minimum rear yard required is twenty-five percent of the lot's depth but need not exceed twenty-five feet. (Ord. 83-17-0 S3(part), 1983). 17.19.050 Building height limit. The maximum buildin: height allowed is'thirty-five feet. (Ord. 83-17-0 §3(part), 1983). 17.19.060 Public service requirement. Water and sani- tary sewer service from a certificated public utility or municipal system are required for lots in this land use district before a building permit can be issued. (Ord. 83-17-0 S3(part) , 1983). Sections: 17.20,010 Des ption and intent. 17.20.020 -ermitted uses. Chapter 17.20 ULTIFAMILY RESIDENTIAL DISTR 107-1 (Kodiak Island Borough 6/83) or waste material including scrap metals or other scrap materials, or for the dismantling, demolition or abandon- ment of automobiles, other vehicles, machinery or any parts thereof. (Prior code Ch. 5 subch. 2 §9B(part)). 17.06.350 Loading space. "Loading space" means an off-street space or berth on the same lot with a building or structure to be used for the temporary parking of com- mercial vehicles while loading or unloading merchandise or materials. (Prior code Ch. 5 subch. 2 §9B(part)). 17.06.360 Lot. "Lot" means a parcel of land occu- 7b pied or to be occupied by a use, building or unit group 00„xx.vstor of buildings, and accessory buildings and uses, together 4p4,4s 3e,t. with such yards, open spaces, lot widths and lot area as 074,4.0v.o. are required by this title and having frontage on a public street. (Prior code Ch. 5 subch. 2 §9B(part)).. 17.06.370 Lot, corner. "Corner lot" means a lot situated at the junction of, and bordering -ono two inter-. secting streets. (Prior code Ch. 5 subch. 2 §9B(part)). 14,40774 tAia-th 17.06.380 Lot depth. "Lot ..dep*h" means the mean horizontal distance separating the side lot lines of a lot and at right angles to its depth. (Prior. code Ch. 5 subch. 2 §9B(part))- 17.06.390 Lot line, front--Corner lot. A "Front lot line" of a corner lot means the shortest street line of a corner lot. (Prior code Ch. 5 subch. 2 §9B(part)). 17.06.400 Lot line, front--Interior lot. A "Front lot line" of an interior lot means a line separating the lot from the street. (Prior code Ch. 5 subch. 2 §9B(part)). 17.06.410 Lot line, rear. "Rear lot line" means a line that is opposite and most distant from the front lot line, and in the case of irregular, triangular or gore shaped lot, a line not less than ten feet in length, within a lot, parallel to and at the maximum distance from the front lot line. (Prior code Ch. 5 subch. 2 §9B(part)). 17.06.420 Lot line, side. "Side lot line" means any lot boundary line not a front lot line or a rear lot line. (Prior code Ch. 5 subch. 2 §9B(part)). 17.06.430 Motel. "Motel" means a group of one or more detached or semidetached buildings containing two or more individual dwelling units and/or guest rooms, designed for or used temporarily by automobile tourists or transients, with a garage attached or parking space conveniently located to each unit, including groups designated as auto courts, motor lodges, or tourise courts. (Prior code Ch. 5 subch. 2 §9B(part)). 97 r-- Western Alaska Land Title Company 'Box 864 Kodiak,.AK 99615 Rick Brush Associated Realty 326 Center #103 Kodiak, AK 99615 Jack Mann Box 245 Kodiak, AK 99615 Joel Bolger Jamin Ebeli & Gentry 326 Center .Kodiak, AK 99615 Wilton White Box 254 Kodiak, AK 99615 c).1 lava , kZ E5-5 LAW OFFICES OF JOAN MANN THOMAS ATTORNEY AT LAW ONE MARITIME PLAZA SUITE 935 SAN FRANCISCO, CALIFORNIA 94111 TELEPHONE (415) 362-3020 August 19, 1985 Ms. Linda Freed Director; Planning Department Kodiak Island Bbrough 700 Upper Mill By Road Kodiak, Alaska- 99615 Re: Block 7, Erskine-Subdivision Unnumbered lot surrounded by 49, 50, 53, 54, 56, and 57. Dear Ms. Freed: k4 ! Kodiak Island Borough Kodiak, Alaska EcEivEn AUG 2 11'7.:":3j - PM i0"20.1';flPfiflqii/ d,p I am one of the owners of Lots 56, 57, and 58 in Block 7 of the Erskine Subdivision. It has come to my attention that your department has recently represented that the above-described piece of land is a buildable lot. In this regard, I believe certain facts should be called to your attention: 1. The lot is an irregularly shaped triangle. By my estimations, if one allotted the required rear yard set back of 25 feet and required no front yard set backs on the theory that the 10 foot lane over lot 58 constitutes the "set back", and also allotted 10 foot side yard set backs, it' might be possible to construct a triangularly shaped building thereon. In order to construct such a building having in excess of 800 square feet, it would be essential to build to the rear lot lines of lots 49, 50, 56, 57 and 58, without any set back. You should be aware that any such building would be vigorously opposed by me and my co-owner of lots 56, 57, and 58, as well as by my grandmother, Edna Kraft, othe owner of 48, 49, and 50. Considering the size, quality of housing in the area, I suspect that the remaining owners abutting this lot would also oppose any such building up to the back lot lines of their properties, without required set backs. In the alternative, if the required front, back, and side set back requirements are imposed, the lot is, for all practical purposes, unbuildable. Ms. Linda Freed August 19, 1985 Page 2 2. This lot was created as a part of a dedication by the late Marshall Crutcher, acting as Executor of the' Estate of Wilbur J. Erskine, deceased. Although an examination of the Borough records reveals references to a "dedication" of the certain streets and alleys, the dedication itself was not available from the Borough. The actual, recorded dedication provides, in relevant part: ". . the ten (10) foot lane and parking area fronting on Reganoff Drive in Block No. Seven (7), of the said [Erskine] subdivision [U.S. Survey No. 562], is not intended for public use or dedicated for public purposes, or to be subject to public or municipal control, but is intended for private use and enjoyment and is and shall remain the sole and exclusive property of the owner proprietor, its successors in interest, heirs and assigns, and to be controlled, improved, graded, maintained and regulated by it or its successors in interest, heirs and assigns forever [emphasis added]." It should be obvious that the only "parking area" to which reference is made is the unnumbered lot in question, since no other parking area appears on the survey. Further, the dedication makes it clear that lot 7 was to be exempted from any public regulation. I believe a thorough review of the Estate of Wilbur J. Erskine will disclose the true intent of the decedent to be to prevent the construction of any residence upon the lot in question, Based on the foregoing, I believe that this letter should be made a part of the public record relating to this property, and that your department and all others in the City and Borough should exercise circumspection in making any representations concerning the use of the lot in question. If you have any questions, please call. Ver truly yours, oan Mann Thomas JMT:cl cc: Community Deelopment Department Title Insurance & Trust Co. Western Alaska Land Title Co, •,„.... 4-..14-4-'.. 1 14- 4-.i, 1 .1_,_....1_ .i.......i...., ..J.. -1-4-:-,-I -1-t4,-t--'■-• -4— 1—':•{. ,. li,:•r7- -__t 4 : i-i" !-'i 1--i--4-ti- .24-. - • : : - !..1. -- .1-!---1. ( - • • ■ i .1 -., , ;,..-.;.. i.,..i..1.1_4‘..,... !.• .4 .....; .., +4 . . . .4.4..4_4_,_..... .,..,4::....i.„. ;:i..;,.:1-. 4 - :_.. 1._ : ..i..1-• ! - , . LI:..•,..),- ,::,:,..„i.......!... L.1... 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( (3X /Lc y hoc S� ( rz, 4& 'S1- 4491-847 • ^ ,..:I 'dpi. t 4,a 4.1 "24o. l'7. Z. S 2. 15.4344Z0 52.6214-2. 2.45,4:5 15 0 1-- Assessors Map Boo N1/2 SW 1/2 SEC T29S /R2IW,SM.@ N Scale r=2001 i KASHEVA CIRCi V i, Date Compiled :JULY,1984 Revisions Parcel Number Ref. Date Parcel Number Ref. Date LEGEND 0 Adjoining page numbers Adjoining tax book numbers OAssessor's parcel number a Assessor's block number 0 improvements or Leasehold Mining claim- unpatented KODIAK ISLAND BOROUGH P.O.Sox 1246 Kodiak, Alaska 99815 -1248