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 -
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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: