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ERSKINE ADD BK 8 LT 67 - VarianceKODIAK ISLAND BOROUGH Case No. 14-C PLANNING & ZONING REQUEST APPLICATION Date 1-22-69 Application Fee Paid $20.00 9 Type of Request Variance Final Disposition Granted RemarksEffective: 4/19/69 6 illontris period - uctober, 19b9 Description of Land: Addition Tbwnsite-e.Ls/ Survey No. Block Blk 8 Lots 67 Person Submitting Application Mr. George Vogt for Don Slater Mailing Address P. 0. Box 651 City Covering Letter Submitted Yes Plat Submitted Yes Person or Representative to Attend Meeting Present Zoning Proposed Zoning Reason for Request in order to properly align the building with the lot line and to obtain an ocean view. Approved Remarks Not Approved, Remarks Borough Assembly Approval Remarks 1-29-69 P&Z tabled until such time as the paper work is properly done. 3-26-69 P&Z approved for Public Hearing hex at next regular meeting - 4/9/69 Public Hearing held - P&Z Granted Variance - effective 4/19/69 /9...! Ar-v ,g - 6 9 2... 6 )27,7x.z.& May 20., Mr. Don Slater P. O. Box 651 Kodiak, Alaska Dear Mr. Slater; 70 In checking our file, it was noted that the deadline date for yo extension of six months on the variance granted for Lot 67 of Block 8, Erskine Subdivision, is the 26th of May, 1970. Would you please notify us if construction, has begun. If not, a further extension will be required. Sincerely, Gr Borough Clerk Mr. Don .Slater P. 0. Box 651 %odiak, Alaska Dear Mr. Slater: As noted in the attached portion of the Planning & Zoning Minutes of November 26th, 1969, -,approval has been :given for an extension of six months on the variance granted for Lot = 67 of Block 8, Erskine Subdivision. : . This extension will place the deadline date on the 26th of May,. 1970.: In order for the variance to be effective beyond that date construction should be initiated within this six months period. ' Wilton T. White Borough Chairman KODIAK ISLAND BOROUGH PLANNING & ZONING COMMISSION - NOVEMBER 26, 1969 CALL TO ORDER The meeting was called to order by Chairman John Waller at 7:35 DJM in the Courtroom of the State Office Building, Kodiak, Alaska. II ROLL CALL Present Absent John Waller, Chairman Ed Haney John Welch Jim Wheeler Wilda Gellis (late arrival) Also present: Five people in the audience III MINUTES OF PREVIOUS MEETING Mary Evalheim Harry Wallace A. P&Z - regular meeting November 12th, 1969 - Mt. Haney moved: for approval of the minutes as presented, seconded by Mr. Wheeler. The motion carried by unanimous voice vote. IV MINUTES OF OTHER MEETINGS A. Assembly - regular meeting - November 20th, 1969 -• There were no comments. V CONJNICITIONS AND CORRESPONDENCE A. Don Slater request for Time Extension on Variance Set-Back, (Case 14-C). A memorandum was read from Mt. Slater stating that he had been out of town for Several months and that the encroachment on the property has just recently been removed. The letter further stated that FHA approval on the house has been obtained and that the lumber is already on the site Mt. Waller reviewed the case for the benefit of the members of the Commission. mr. Haney moved that the time extension be granted for a period of six (6) months, seconded by Mts. Gellis. Mr. Slater was in the audience and stated that he had hoped to start the construction prior to the deadline date but was unable to do so. He further stated that the house would be in line with other homes already in existence in that block and would be of a nature that would benefit the area. The question was called for and the motion passed by unanimous roll call vote. VI LIC HEARINGS - NONE VII ZONING ITEMS A. Request for Re-Zoning Lots 1 - 9 U. S. Survey 3066 from Unclassified to Business (Case 221--C) Robert Scott. The letter was read stating that at present there are several businesses in the area and that by rezoning to business the land would be classified according to its primarly usage and wpuld allow existing businesses to expand. Mt. Haney moved for approval of Public Hearing date of December 10th, 1969 on Case 221--C, Robert Scott, seconded by Mr. Welch-.7-The question was called for and the motion passed by unanimous rollcall vote. VIII SUBDIVISION, PRELIMInARY REVIEW - NONE IX SUBDIVISIONS, FINAL - NONE X OLD BUSINESS - NONE XI PLANNING & STAFF L`MIS A. Election of new Presiding Officers: Mr. Haney nominated John Waller for Chairman, Mr. Welch moved that the nominations be closed, seconded by Mr. Wheeler, Mts. Gellis nominated Mr. Ed Haney for Deputy Chairman. Mr. Welch moved that the nominations be closed, seconded by Mr. Wheeler. Motion passed by unanimous voice vote. '`FROM Kodiak Island Borough Box 1246 4/14/ 19 69 TO Mr. Don Slater ADD44S Box 651 Kodiak,. A:lask a CITY TERMS Application Fee for I_ lance Request, Ers - Block 8, Lot 67 Subd. 1 20.00 ./ UNITED STATES OF AMERICA State of Alaska 'NOTICE' OF NING ' AND ZONING SION MEETING ' -- IS HEREBY GIV- rfliAT 'Mil PLANNING ,...., `tONING COMMISSION (;,OF THE KODIAK ISLAND 1i3OROUGH WILL HOLD ITS L7EGWAR. MEETING AT �0."r", F.rM:, WEDNESDAY, 49,PIPLIZ,,9, .1969, IN TIFF r4 ji TR,OGM OF WE NEW 01113 BUILDING-, ODIAK, ALASKA. A PUB- HEARING WILL BE .ON A VARIANCE -RE- Ek $K.ENE,. SURD., -LOT 67, DON SLATER 14:4), B. AEddDI2IX /TREASURER AP 2, -,1969 SS: Publishes Affidavit I, S. Wayne Kotula, being first duly sworn, depose and say: I am editor and publisher . of the Kodiak MIRROR, a daily newspaper published at Kodiak, Third Judicial Divi- sion, State of Alaska, and that the annexed printed notice was published in said news- paper in issues of the following dates: S. Wayne Kotula SUBSCRIBED and SWORN i_ to before me this . - day of 63 NO ARY PUBLIC in and for the State of Alaska. My Commission expires, -,/ April 14, 1969 Nr. Don Slater P. 0. Box 651 Ftodiak, Alaska Dear Mr. Slater: Attached is a copy of the Planning & Zoning Commission's minutes of the regular meeting of April 9, 1969. Your request for a variance on Lot 67, Block 8, Erskine Subdivision was approved at that time. This decision becomes difective within ten days and as stated in the Cede of Ordinances shall be conditional upon the privilege granted being utilized within six months after the effective date of the variance. In the event some construction. work is involved, it 11 ce within the stated period and must be diligently prosecuted to comp tion, w --Automatically voided. Also attached is a bill in application fee required in /n Encl. which is the Noma. L: Holt (Mts.) Secretary April 14, 1969 P&Z DECISION ON VARIANCE REQUEST-EPSKINE SUBD., BLK 8, LOT 67 At their meeting held on April 9, 1969, the Kodiak Island Borough Planning & Zonigg Commission voted Four to One to grant the subject request. Following are the reasons for granting the variance: (1) There are exceptional physical circumstances or conditions applicable to the property or to its inteded use in development which do not apply generally to the other properties' in the same land-use district in that the lot is of an odd shape and is on an arig angle from the street. In order for the building to properly algin with the lot line itself it is necessary that the building face slightly at an angle to the street. The Contour of the land is such that it is advisable. (2) The strict application of the provisions of the Borough Code as a far as setbacks are concerned would result in the practical difficulty mentioned in (1) above, since it would preclude building a house that could take advantage of the view in that location. (3) The granting of the variance will not result in material damage or prejudice to other properties in the vicinity. Construction -of a house on the lot will raise the value of the property; this is the last building lot in the area and the construction of the house with a 15 foot setback will not obstruct the view of the other property owners. (4) The granting of the variance will not be detrimental to the public health, safety or welfare. The other houses in the area have a set back 10 feet, the one that is on the adjoiningrprepeyty. It was not felt that the street would ever be widened thereby creating a need for more of a setback. (5) The granting of the variance will not be contrary to the objectives of the Comprehensive Plan, when adopted. KODIAK ,ISLAND BOROUGH PLANNING & ZONING COMMISSION - March 26, 1969 1 CALL TO ORDER The meeting was called to order at 7:40 p.m. by Acting Chairman Harry Wallace in the Courtroom of the New State Office Building, Kodiak, Aaaska. IT ROLL CALL Present John Waller, Chairman (late arrival) Harry Wallace, Acting Chairman Ernie Brothers Wilda Gellis John Welch Absent Ed Haney (excused) Also present: Sally Hendrix, Clerk/Treasurer, and 3 people in the audience. TIT MINUTES OF PREVIOUS MEETING - March 12, 1969. Mr. Brothers moved, seconded by Mr. Welch, that the minutes be approved as written. Motion carried by unanimous voice vote. IV OTHER MINUTES A. Regular Assembly Meeting - 3/20/69. There were no comments. B. Hospital Board Meeting -- 3/14/69. There were no comments. V COMMUNICATIONS AND CORRESPONDENCE - None VI PUBLIC HEARINGS -- None to• VII ZONING ITEMS, PRELIMINARY REVIEW • Request for Setback Variance, ErskineSubdivision, Blk_8„._Lot_61_7 DonSlater (Case 14-C). The attorney's review was read, stating that the application was in proper form but that the Commission should keep in mind that variances are generally warranted only in cases of financial hardship when strict application of the ordinance would greatly decrease or practically destroy the value of the property for its permitted use. Mr. Slater enlarged on his application, stating that by receiving the variance and turning the house on the lot to create a view, the value of his property would be greatly increased. This would not Opate parking problems, and no one would object since he owns the next two buildings on one side, and the Aleutian Homes on the other side do not have windows which face the view. Also, he felt that by building closer to the lot line, he would be balancing the street, rather than creating a jog by building back further than the other buildings. Nt. Welch felt that the Commission should be very careful in considering such a variance, since other people in the area would then request them. It was agreed, however, that each case must be considered on its own merits. Mrs. Gellis was concerned that if the variance were granted and the building constructed closer to the street, there would be no possibility later of widening the street, which she feels is needed. Mr. Slater also stated that it would cost him more for driveway construction if he had to build further back on the lot. After more discussion, Mr. Brothers made a motion that a public hearing on the request be advertised for the next meeting, seconded by Mrs. Gellis, and carried by unanimous voice vote, with Mr. Welch abstaining, Mr. Slater then asked if the Commission felt that the necessary conditions existed . 1 for his variance to be granted, and if they felt it would be granted if no objections - i were voiced at the hearing. Mrs. Gellis questioned whether Requirement #2 really 1 existed--that there would be practical difficulties or unnecessary hardship if Mr. kSlater were not granted the variance. Mr. Wallefrfelt that Mr. Slater was putting pressure against the Commission by requesting their opinion in this way. It was agreed that it was not necessarily the concensus of opinion that the variance mold \ not be granted. Mrs. Gellis felt that the residents in the area should be given the opportunity to express their possible objections to the variance. It was finally \agreed to re-confirm the holding of the hearing at the next meeting. L.- mpThis ISLAND Solppgli PLANNING & ZONING 1ISSIOE PKI.4 9th, 1960 The meeting Was called to order by Actihg Chairman Ed Haney at 7:45 p.ft. in the Jury Room of the New State Office Buildingi Kodiak, Alaska. TT MIX, mu, Present AIS6 Preieht Ed Haney, Acting Chairrnan irs0 Lorigmire Wilda. Geuis Don 'Slater Ernie Brothers Ou,S0e11 TIright John V\Telch Harry Wallace John Waller (late arrival) 111 iaNtiTES or PREVIOUS DEMING A. Pegular Tleetlng, rarch 26th, 1969 - There being no corrections or at"( ons were aovd i pen . B. Work Session - April 2, 1969 - The minutes were awroved as presented. lv =MR laNDIF-3 A,. Assembly Minutes, reg4ar meeting, pri1 3, 1969. Mrs, pellis corrmented tha _she, Witaird like to know Why the Borough co1sdered the jwk yard ordinance un-enforceable. tir. Wallace felt that there shopl4 ke an or es*liehed for th e outlying areas and provisions were made to acc recoirr1dations ,frcrn the Village Councils pertaining to this ordinane ac;inovect,, that the l3orough 2½ssethly give their reasons for no Mi VIallece motion' passed by nrianirnous voice vote.: 4014*IcAncOS 4.1P CoPra A. 'Variant* 'Request, gr.$1iPs-,u1-,?„001$3;on,i--. (case 14-•c) The case : :was ' reviewed '''and Mr- - Slater 't-;,let - :Of:',::6, 0::, ' Slater '' _ . tirig that to in order 'thq 4:-„------,.;;,,---i - application lot line .4,-,,,,,,:.,-,:-:„. iSlieoes t 'the,building.,face-,J,L.gutly at an -... p :.6t* -- ' ‘6 the is such ,„,- that land it is advisable ' es& :IndiCi u -,abpx49.t.!.00-7 do not,apply)gene:rallyi to ,,.. oh..,,e-..r, ,..„ , .C1! "10t ,:i4taigo:oas„;901. to inake use the statecl , - that she A.4441 fc.,.,w-:4; the street ,....,,,...:,:..,,„,......, , -wt : there was .0..te.4400, . have. :., ; this -street 444,* .44-;ti40:.tilierP,IligirPLei th,t the variance for Case 14;c ' grantecl, , seconded by Mrs, 001140.•-The`meeting-WaS closed 'W' 4*P140110-11.0.*#g was : openecl. ' The 04. l* person to speak 01,1 ...,:ibi4 •-c..§.0 at the P*49 Hearing was Mr, Slater 4r4 he stated 'tbat, he was not asking for @P, ...,, much ,a9t.-.}D510s..0q, was the case With some of the Aleutian HorlieS; further 'he..,•..10431Peclp.V. Pilk10. a nice home , there ere and tt,149.1.141, iFilPrOVO the neighborhood. ,* '''Tt.b.-.4F'-fiaar.ing was closed and -..t00 0PP::tiPg reconvened. l'4'-.! VIe1411_ stated _ __,.414.tki Cormota...0-94 had nothing to do ..., :t4 Aleutian 401..P..§,-440..c-777or'w-W.,41a.t.,4,142,x134gPosl.; He further felt that .guidelines ioro set out , and that if th,l4 would $.fideed.ckea7:te4cV-701 - .....:::,a,4„Noui...4 go along kh4,44__#10--Otant#0, but did not feel that this was tf*-eaSe • kt4,11to0***; felt that =47= granting the variance ini;ian4vo •604 be given to build and the Borough would collect the taxes on that building. It was pointed out that these-. oases should be taken one at a time and judged by theinselveS, Mrs. OeliiS felt -. „at a new building would wake the area nicer and the safety; factor is not of 9..,--„,:,.--,oer11 hfir.,..e as there is fifteen feet Mcl. the, .e.:tatia.-"sSicti Shouldn't deny a person ctn, 9 r4,,g4 to build and try to get the best frcm any piece of land. Mt: fiallade, pointed out that this is the last Wilding lot in the ate.Pa and it will be a ni ' hcrne. The question was called for and the motion passed for granting the variance four to one vote: Mr,.. Brothers - YES; fit: Wallace - YES.. f,lit: Gellis -. .mr, Haney - YES and Or. Welch - NO. I. public :ing. on ,Ort for Borrow Sites for Otinere &: ceMent i)rOdOdiS, Manufacture, Tract A," Bell's Flats Alaska Subdivision. :(case 20,3.74:-,p&Z) , The "roinntes-from, the last Meeting were read. Mrs. Gellia,m6Ved that the Conrnission . gzaflt the exception in Tract A for the i'lanufaq4#e of COhorete & Ccist.tent TIOcTOOtSi ded by 1r. Welch. The meeting was closed and the Public Hearing opened. ir sefl wright stated that he would be submitting his application jri a few days as he was waiting until the snow cleared in order to set the boundaries He had no objections to Mr. Liltge'S promised business in this area. The Public He.aring was closed and the meeting reconvened The question was cal1ed for and the motion passed by unanimous roll call vote. TO Roy FROM. --- KOnIAK ISLAND BOROUGH P. 0. BOX 1246 KODIAK, ALASKA 99615 • SUBJECT: FOLD + VARIANCE REQUEST Lot 67, Erskine Subd, Blk 8 ,S1/,weic,_ (Cis /v, a) DATE: 3/24/69 Please review for P&Z Wednesday, March 26th, 1969. Thanks. PLEASE REPLY TO SIGNED Norma RETURN THIS COPY TO SENDER GEORGE VOGT ATTORNEY AT LAW MARINE WAY . P. 0. BOX 2547 KODIAK, ALASKA 99615 TELEPHONE 486.21168 March 17, 1969 Kodiak Island Borough Planning and Zoning Commission Box 1246 Kodiak, Alaska Gentlemen: Afzi LZ This letter is intended to be a petition for a variance on lot 67 Erskine Subdivision, Block 8 of the Kodiak townsite. The Kodiak Island Borough Code of Ordinances, Chapter 5, Subchapter 2, Section 21, Subsection C, requires that an application for variance show the following facts: 1. That there are exceptional physical circumstances or condi- tions applicable to the property or to its intended use in development which do not apply generally to the other prop- erties in the same land-use district. We have previously submitted to you a drawing of a proposed construction plat. You will note that the Southwest corner of our proposed residence is only 15 feet from the street line. The shape of the lot upon which we are building as you will note is on an angle from the street. As a result, therefore, in order for the building to properly align with the lot line itself it is necessary that the building face slightly at an angle to'the street. Also the contour of the land is such that it ig advisable. These are individual characteristics of the lot in question which do not apply generally to other properties in the same land-use district. Also note that the only adjoining property is that which belongs to Aleutian Homes and that their building line is 10 feet from the exist- ing street, line. 2. That the strict application of the' provisions of this Chapter would result in practical difficulties or unnecessary hardship. • Kodiak Lsland Borough: March 17; 1969: Page 2 were compelled to. build 25 ' ~.feet from the street line it would create an unnecessary hardship in;that we would,` "lose our ocean view and the contour of the ::land is . such that at would be difficult to - "build a driveway into said < property without 'a considerable amount of rock "•,rep' moval That the granting- of the variance will- not' result . in material damage . or prejudice to other :properties, : in ' the vicinity nor_ be detrimental to. the heal th, safety :or welfare. • It is apparent that there ' could be no' material damage . or prejudice to other properties : The Aleutian Homes, prop erty nextdoor is buildin g- _;10 'feet ,from the street line and .therefore could be no injury to, the Aleutian Homes properties. There is obviously no danger to health safety or welfare.. As a mattervof•;;f"act the building= -'of'Ith'e house in this manner;' will' -'have the "effect. of .allowing a much better ocean views- As a result any residence which the 'City of Kodiak could take considerable -pride.: in That the granting of -'.the variance.,;will not be contrary to the objectives of the - comprehensive plan.'._. The general objectives,.:: a f' -the comprehensive plan are to build housing in .a manner. which will enhance the beauty of the property: Undoubtedly, the highest and best. use • of the land in: question can only be:: acquired by building in this manner. ; In view of ,the' .fact- that no other -persons ''of property are being:, injured', by1'the building : it . would seem apparent that the construction of the new. - dwelling" in this manner should be allowed. Kodiak Island Borough March 17, 1969 Page 3 VERIFICATION I the undersigned DONALD SLATER have read the foregoing Peti— tion for Variance, know the contents thereof and to the best of my knowledge it is true and correct. 1969. • DONALD SLATER SUBSCRIBED AND SWORN to before me this day of March, Noiary Public in a d for Ala ka My commission expires: .7 Mr. Darr Slater P. 0. Box 651. Kodiak, Alaska Dear Mr. Slater: As noted in the enclosed _ainfatnsE of the Planning & ion ng Meting, January 29th, 1969,: this rates tab -. until such time as the proper per work h as _ also . `for your o r information on,,is a copy of T w ° s op * ' • w sets forth - he conditions be sh ` J. yd f'.11� ti • .. _ .; If there - any r quest . please do not hesitate to call this off January • 31, 1969 Res Variance Pest . Erskine Subd. , Block 8, Lot 67 P3/ ?ncls. N rtha L. }colt (L4Ms. ) Secretary Mr. George Vogt P. Q. Box 2547 Kodiak, Alaska (Ends) r P&Z MEETING - JANUARY 29th, 1969 Page 2 for medium density. It is the recommendation of the Planning & Zoning Commission that the appeal be denied. Variance Request, Erskine Subd., Blk 8, Lot 67, Slater (Case 14-C). An excerpt from the Code was read setting forth conditions for granting a variance. The letter from Mr. Slater's attorney, George Vogt, was read requesting a variance due to the irregular shape of the lot and the desire to obtain an ocean view. The Borough Attorney's opinion was read which stated that there are several conditions not met in the application; (1) that the applicant had not signed the application and (2) the conditions were not set forth in proper form. The variance could not be granted under these existing conditions. Mr. Haller moved that this be tabled until such time as the paper work was completed, seconded by Mr. Wallace. The motion passed by unanimous voice vote. SUBDIVISIONS, FINAL A. Approval of Final ,Plats, Russian River Subdivision, State (Case 198-B). A review was submitted by the Engineer R. A. Jones and certain points brought out. Mr. Best stated that at this time he was before the Commission in his capacity as a surveyor and further stated that this contract was worked out with the State Division of Lands and had been checked and approved by Division of Lands. The review by the Engineer stated: (1) Street naming is confusing and the areas of conflict have been noted on the plats. The road in question was South Russian Creek and the fact that it runs through the entire subdivision to the main road. (2) "Alaska" in the title of the subdivision is superfluous. It was noted that this is a requirement of the State Division of Lands and signifies that this is a State Survey, all of the State Plats have this in the title. (3) End points of various streets, as noted on the plats is questioned. For example Lot 19. (4) Osin Way and Gara Drive should intersect South Russian Creek Road at a common point. (5) Leta Street and Snek Way appear to serve no,z. useful purpose. Concerning these three points it was stated that the roads were platted as near as possible to the existing roads in the survey. (6) Legal description does not make certain the intent of tangency to described curves with the record lines or curves subsequent. It was stated that these are set out in the covenent as "curves run PC to PT in direction of the curve." (7) Legal description corrections noted on plat. Corrections noted change SE to Easterly and NE to Northerly, however it was pointed out that by using- the original term "SE" or "NE" there would be no question as to the corner referenced. It was further stated that the Alaska Division of Lands wants these legal description set forth and have been approved by the Division of Lands. Special instructions were received from BLM as to the setting up of the gravel resources and these measurements are stated in parenthesis whereas other land points are not in parenthesis. Mr. Wallace moved for approval of the final plat as presented on Russian Creek Alaska Subdivision, seconded by Mr. Waller. The motion passed by unanimous voice vote. B. Approval of Final Plats, Bell's Flats Subdivision, State (Case 196-A) Hr. Jerry Fawcett was present as a representative of Barr & Associates. The review from the Engineer was read: (1) Street naming is confusing, areas of conflict have been noted. Mr. Fawcett stated that the words "Drive" and Kaisin can be inserted to clarify this point. (2) the Submitted prints are very poor and therefore difficult to review. It was noted that one of the prints was lighter than the others, but still readable, however if desired another print could be submitted. (3) If the Borough proposes to use the existing sewer line then utility easements should be provided on the plats. It was noted that this is taken care of on the plat by a dotted line and the easement is the regular ten foot. (4) The "Alaska" in the title of the Subdivision is superfluous and only serves to make the title more bulky and difficult to work with. As pointed out in the previous paragraph this is a requirement of the State Division of Lands to designate that this is a State Survey. (5) Legal descriptions do notsmake certain the intent of tangency of described curves with the record lines or curves subsequent. This also was stated in the above paragraph. Mr. Waller moved for final approval of the Bell's Flats Alaska Subdivision plats as presented with one correction to clarify "Kalsin Bay Drive" and one addition of the Chiniak road width right of way, seconded by Mr. Wallace. The motion passed by unanimous voice vote. X OLD BUSINESS - NONE Kodiak Island Borough Planning sc‘q4dning COMmission' P.O. Box 1246 Kodiak, Alaska RE: Case 14-C Gentlemen: Kodiak, Alaska January 29, 1969 Pursuant to your request I have reviewed the case file for Case 14-C which is a request for a variance on Lot Sixty-seven (67) Erskine Subdivision, Block Eight (8). Kodiak Island Borough Code of Ordinances, Chapter 5, Sub-Chapter 2, Section 21, Sub-Section C, which appears on Page 5.2.20 of the Kodiak Island Borough Code of Ordinances and Resoluti provides as follows: C. Variances. 1. An application for a variance shall be filed in writing and verified by the owner of the property concerned. ns The application is not verified by the owner. 2. Sub-Section C1B requires that the application shall contain a statement and adequate evidence showing the following conditions, all four of which must exist before a variance must be granted: (1) That there are exceptional physical circumstances or conditions applicable to the property or to its intended use and development which do not apply generally to the other properties in the same land-use district. (2) That the strict application of the provisions this Chapter would result in practical difficu ties or unnecessary hardship. (3) That the granting of the variance will not result in material damage or prejudice to othe properties in the vicinity nor be detrimental to the health,'safety or welfare. (4) That the granting of the variance will not be contrary to the objectives of the comprehensiv plan. Page One, OPINION The application does not contain a. statement containing any of the four conditions above mentioned; therefore, this petition does not meet the requirements of the Kodiak Island Boroug Code. RHM: jm P ge:Two, OPINION Very t Rs MADSEN Attorny at Law TO ROY FROMr ` KODIAK ISLAND BOROUGH P. O. BOX 1246 KODIAK, ALASKA 99615 SUBJECT: . FOLD Variance on Lot 67- Erskine Subd., Blk. 8 (e,4 /fL ( ) DATE 1/22/69 Please review for the P &Z Meeting on January 29, 1969. Thanks! PLEASE REPLY TO SIGNED- Norma DATE SIGNED RETURN THIS COPY TO SENDER • GEORGE VOGT ATTORNEY AT LAW MAIN E WAY - 1'. 0. BOX 2547 KODIAK, ALASKA 99615 TELEPHONE 486.2333 January 14, 1969 Kodiak Island Borough Planning E9' Zoning Commission Box 1246 Kodiak, Alaska Re: Lot 67 of the Resubdivision of Erskine Subdivision, Kodiak Townsite ,610cA,S/ Dear Sirs: Attached you will find a drawing of a proposed construction plan which includes a variance from the existing building code. You will note that the southwest corner of the proposed residencenly_15_feet from thestreetline: Yon—Will further note that the ZnIT--adjoining property is that which belongs to Aleutian Homes and that their building line is 10 feet from the existing street line. As a practical matter, the proposed building will in no way injure or damage the existing construction of Aleutian Homes. In fact, the higher situation of Mr. Slater's property can only be acquired by building in this manner. It is necessary in order to properly align the building with the lot line and to obtain an ocean view. Under the circumstances, it would appear that the variance which we request by way of this letter should be granted. Sincerely yours, GEORGE VOGT GV:ct Enclosure KODIAK ISLAND BOROUGH MEMORANDUM FROM: DON SLATER TO: PLANNING & ZONING COMMISSION RE: EXTENSION ON VARIANCE REQUEST (Case 14,C) This is to request an extension for six (6) monlip on the variance granted for a set-back on Block 8, Lot 67, Erskine Subdivision. Due to difficulty in the area of the encroachment on the property from the Aleutian Homes office and the fact that I was out of town for a large portion of the summer. At the present time FHA approval has been obtained for the house and there is a considerable amount of money and lumber already tied up in this project. It is expected that construction will be started by March 1970 and therefore the six-..montbk.extension would put .me .well .over that expected date. T5 bald. Slater : c651 • - Coflia , ' ,:aska Dear 1 '. Slater:. You are hey notified that the use of your third unit is in violation of the . zoning ordinance. • This is the second -notice on this continuirg violation.. If said violation contin s after April :13, 1968, a legal action will b instigated to bring compliance. I , respeectfully. rest • your oc operation to avoid such action. J. L. Stansbury Building Inspector -., /sh c. cc: Bozo t gh -Ass- ily Planning & Zoning. , ssion . R.C. & June Wilson Mike & Marianne Fitzgerald Don Slater Box 257 Box 1397 Box 651 City City City Dewitt Fields Box 25 City Eric & Cecilia B Box 707 City Leroy Wittich )Box 46 City Antril C. & Box 161 City John R. & Elaine C. Dwight (eo Box 2487 City John & Nordis Tusvik 225 Box 2235 City Seldon & Tina Nelson Box 302 City Chris Berg, Inc. - Box 2486 City e Roy &, Kather. Box. 726 City George & Helen Pana�ff Box 123 City Dorothy M. Spencer Box 1517 City John -& Florence Welch Box 127 D. V Box 415 City Anita Ann Mann. & LLi..ili: • . Lane Alaska State Housing Box 254 •t Authority . City - Box 706 - City - • .4.4.1,01. • i - r _rf� "2'3 \Olr izi 3° I \ • ' 114.7ri \ 1 : .---------\-- ...Ai . Z....x.. 1 )T ?..:, en.", \ • I \ \ ' \ \ 1 \ I \ I i — . -- .... - ',..• : • `; ----_ \ : \ (4 ' 0. \ . Lh \ ,t2 (:,, \ : ' • \ - \ \ ; 4 . . Elgv 1(t'. al Elf4.,.± _... • • ( •• • •■ 1:1e7‘:.1 '4`) 1",,—r`:1-:, • 'I -1: •••^. • :-- t. LOT .',"; ; ' r'=. • . . BUILDING DEPARTMENT — CITY / BOROUGH OF KODIAK Applicant to fill in between heavy lines. CLASS OF WORK BUILDING ADDRESS LOCALITY NEW DEMOLISH ALTERATION REPAIR NEAREST CROSS ST. Z 0 NAME MAIL ADDRESS CITY TEL. NO. NAME ADDRESS CITY ADDITION MOVE USE OF BUILDING STATE LICENSE NO. NAME ADDRESS CITY SIZE OF BUILDING HEIGHT NO. OF ROOMS NO. OF FLOORS NO. OF BUILDINGS NO. OF BUILDINGS NOW ON LOT NO. OF FAMILIES SIZE OF LOT USE OF BLDG. NOW ON LOT SPECIFICATIONS FOUNDATION MATERIAL EXTERIOR, PIERS APPLICATION FOR BUILDING PERMIT AND CERTIFICATE OF OCCUPANCY BUILDING PERMIT NO. WIDTH OF TOP WIDTH OF BOTTOM STATE LICENSE NO. SUBDIVISION t r' DEPTH IN GROUND R.W. PLATE (SILL) SIZE SPA. SPAN GIRDERS JOIST 1st. FL. LOT NO BLK. JOIST 2nd. FL. JOIST CEILING VALUATION BUILDING FOUNDATION FRAME PLASTER FLUES FINAL DO NOT WRITE BELOW THIS LINE 1. Type of Construction I, II, III, IV, V, VI 2. Occupancy Group A, B, C, D, E, F, G, H, I, J Div. 1, 2, 3, 4, 3. Fire Zone 1 2 3 4 EXTERIOR STUDS INTERIOR STUDS ROOF RAFTERS BEARING WALLS COVERING EXTERIOR WALLS ROOF INTERIOR WALLS REROOFING FLUES FIREPLACE FL. FURNACE KITCHEN WATER HEATER FURNACE GAS OIL I hereby acknowledge that I have read this application and state that the above is correct and agree to comply with all City Ordinances and State Laws regulating building construction. Applicant DATE ISSUED BLDG. FEE PLAN CHK. FEE TOTAL PLUMBING ROUGH SEPTIC TANK SEWER GAS FINISH ELECTRIC ROUGH FINISH FIXTURES MOTORS FINAL Approved: CHIEF BUILDING OFFICAL By: 3N11 Al2i3d02id PLOT PLAN A Yr SETBACK 3N11 1.1233d02dd STREET PLANNING & ZONING INFO. ZONING DISTRICT TYPE OF OCCUPANCY NUMBER OF STORIES AREA OF LOT TOTAL HT. `.FRONT YARD SETBACK FROM PROP. LINE ,I SIDE YARD SETBACK FROM PROP. LINE REAR YARD Approved: ZONING ADMINISTRATOR By: