ERSKINE ADD BK 7 PTN - Supplemental Information- �L.__ rice ' - 2. = 55'
,Z' -fAcew 3er f1\- LS% 7 1} = Li , ZS'
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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'
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'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
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. .
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
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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,
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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