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ERSKINE ADD BK 9 LT 103 & 104 - VarianceMay 2, 1973.• Mr. Ronald Williams P. 0. Box 221 Kodiak, Alaska 99615 Dear Mr. Williams: Enclosed is a copy of the Planning & Zoning Commission minutes-of April 18, 1973-denying your request-for a variance on Lots 103 & 104, Block 9, Erskine Subdivision. Also enclosed_ie a copy of the letter from our Borough Attorney stating, the reasons for not. this exception. Very truly yours, Norma L. Holt (Mrs.) Acting Borough Clerk NLH /dt • +-e••••■.•••■•• PLANNINT& ZONING COMMISSION APRILA8, 1973 Letter from Borough Attorney - Decision on Ronald William's request for a variance - The letter was read by Mr. Holt. The commission unanimously agrees with the Borough Attorney on denying the request of Mr. Williams. His variance-does not fall in any of the 18 catagories required for a variance. We will notify Mr. William's as such. VI PUBLIC HEARINGS . • • ' A. Public Hearing on Vacation and Replat of Lots 6-7-8-9-19-20- 21, Block 7, Leite Addition - Breckburg, Bentley, Str4ga- Mr. Holt moved feir approval of the vacation and replatof Lots 6-7-8-9-19-20-21, Block 7, Leite Addition. Secolded by Mr. Erwin. Mr. Welch closed the regular meeting and opened • the public hearing. It was noted that on the fifteenToot easement there will be a stipulation that. no less.thaneight, - feet will.remain open at all times for a fire lane. Breckhurg will own lot 6, and the Borough is granting?an • easement for Mrs. Strigga to be.able to have-access o#0 the- -- main road.from .her-property. Mrs. Strigga was concerned about being able to use the road,and that it would-not be blbcked .-off. It was noted that an easement-will.always.give ,her the'right of way. Mr. Welch closed the public heartng and reconvened the regular meeting. Question being called for motion passed by unanimous roll call vote. la/ SUBDIVISIONS, PRELIMINARY VII/ • SUBDIVISIONS,.FINAL B. Nachtweih. - Portion of U. S. Survey 1682 - There was no comments on this final plat. Mr. Holt moved for approval . ,Seconded by Mr. Burnham. Motion passed by unanimous roll call votet with Mr. Erwin abstainiiv, because of financial_ interest. % • - 'IX P&Z: ITEMS • • • ' Hickman wanted the Planning_andZoning Commission to -- review the plat of the proposed Chiniak land sale. The - Commission-only questioned where this land was located; The location of the sale is located-right along the boundaries of-- • the Chiniak- Military -reservation-and-extends-toward ton. Mr. Welch stated-we-should-Set a-date to have a work. session with the Borough Assembly, and it should-be-insome form-of a letter stating that this *matter should be attended t§ as--.. soon as possible because it has been apparent in the past, that both. bodies- have not been -thinking in the same direction • - and there has been many conflicts. The suggested-date--was set for April 24, 1973 at 7:30. X - 'AUDIENCE COMMENTS XI ADJOURNMENT . meet-i-ng- was adjourned at 8-: 50 . SUBMITTED: APPROVED: orma L. Holt, Mr. John Welch, Acting Borough Clerk Chairman •-• FROM TO P & Z MEMBERS ISLAND, BOROUGH P. 0. BOX 1246 KODIAK, ALASKA 9.9615 SUBJECT: FOLD CONCURRENCE ON BOROUGH ATTORNEY'S LETTER DATE. March 28, 1973 Enclosed is a copy of the Borough Attorney's letter stating that we should not grant Mr. William's exception. Please notify the Borough office on your concurrence df this letter, then we will notify Mr. William's of your decision. PLEASE REPLY TO SIGNED Norma L. Holt, Acting Borough DATE SIGNEdL4 TURN THIS COPY TO SENDER es DOLE, HARTIG, NUNLEY, RHODES & NORMAN ATTORNEYS AT LAW 717 K STREET ANCHORAGE, ALASKA 99601 (907) 274 -1670 - -- HOYT M, COLE ROBERT L. HARTIG RICHARD K. NUNLEY JAMES D. RHODES JOHN K. NORMAN JOHN G. GISSBERG Mrs. Norma L. Holt` Acting. Borough Clerk Kodiak Island Borough Box 1246 Kodiak, Alaska 99615 OF COUNSEL: J. MAX HARDING JOHN E. TATE 300 NSEA BUILDING 145 & J STREETS LINCOLN, NEBRASKA 96501 March 19, 1973 Re: Authority to Grant Exception (Request of Ronald Williams) Dear Mrs. Holt: This is in response to your letter. of March 12, 1973, request- ing that I review and advise the Borough concerning a request by Mr. Ronald Williams for an exception to the zoning - ordinances permitting him to build an addition to an existing duplex. The correspondence attached,to. your letter indicates that Mr.- Williams desires to make the addition to convert his _ existing duplex, which is located in .an R -2 zone, into a multiple - family - dwelling. In pursuit of that objective, he applied to the Borough Planning and Zoning Commission on April. 1, 1972, for change in the zoning to R -3. That application was denied on May 17, 1972. On February 19, 1973, Mr. Williams addressed a- further request to the Planning and Zoning Commission, seeking a "waiver" to the present zoning so that he might continue his building plans. As a matter, of law, Mr. Williams is not entitled to an exception, under the existing Ordinances of the Kodiak Island Borough. Section 21 -A of those Ordinances provides, in its introductory paragraph, as follows:• The Planning and Zoning Commission shall ad- minister this sub - chapter and-in so doing may grant exceptions for additional uses in "the various districts as specifically provided; shall hear and decide appeals where it is Mrs. Norma L. Holt March 19, 1973 Kodiak, Alaska 99615 Page 2. alleged there is an error in sub-chapter interpre- tation; and may vary the strict application of these regulations in the case of an exceptionally irregular, narrow, shallow or sloping lot, or other exceptional physical conditions where strict application would result in practical difficulty or unneseccary hardship that would-deprive the property concerned of rights possessed by other properties in the same district, but in no other case. The material underlined in the above quote refers to Section 11 of the Ordinances, which is entitled "ADDITIONAL USES PERMITTED." That Section provides, in part, that: The Borough Planning Commission may, after proper notice and public hearing, permit the following exceptions in any district unless other- wise herein specified, where exceptional uses are deemed essential or desirable to the public con- Venience or welfare, and are in harmony with the various elements or objectives of the Comprehensive Borough Plan, and the zoning sub-chapter. In approving the uses referred to in this Section the Borough Planning and Zoning Commission shall have the authority to impose such conditions and safeguards as it deems necessary to protect the best interests of the surrounding property or neighborhood and the Comprehensive Borough Plan and zoning sub-chapter. Mr. Williams' request for an exception does not fall within any of the eighteen listed categories of exceptions. The criteria set forth in Section 21-A-1 (c) are applicable to the determin- ation of whether a particular authorized exception should be permitted in a given circumstance, but no exceptions, other than those specified within the ordinance, may be granted by the Planning and Zoning Commission. While the grant of an exception is the exercise of a legislative function, the conditions for which must be found in the zoning ordinance, the provision for variances establish a procedure whereby an individual might be authorized to use his property in a manner otherwise forbidden by zoning law. In the case presently under consideration, however, it appears that Mr. Williams has failed to comply with any of the provisions of Section 21-C, entitled "VARIANCES.' Moreover, the information I have been provided indicates that .a waiver of the zoning regulations is sought, not because of an unnecessary hardship Mrs. Norma L. Holt March 19, 1973 Kodiak, Alaska 99615 Page 3. resulting from a physical condition of the property in question, but rather from a mere degire of the property owner to utilize his premises in a manner not permitted by law. Under these circumstances, it is extremely doubtful whether Mr. Williams could satisfy the requirements established by Subsection (D) of Section 21-C. Please advise if we can be of further assistance in this matter. RJM:sb Very truly yours, COLE, HARTIG, NUNLEY, RHODES & NORMAN By: Robert J. Mahoney T.k..arougb KOD I Ag., NJ\ SKA REal\PED 2,3 „,7'01.415%6 7 90th Mrs-. Norma, I,. ',Acting Borough-Clerk Kodiak-Island Borough, Box 1246 - Kodiak•, Alaska 99615" ..Dear__Vrs_,_ .H 1t In response to yo`ur_, letter of March 12, , 1973 concerning my request -,for exception, "I, ff.er -the following additional:' °inf ormati on. My plain is to add a complete new 'apartment, a third level to my existing two level duplex. I plan to live is the new unit myself which will be about; 1200 square - .feet. If tl)ere are any further questions please contact me. I- uvould appreciate the Planning arad Zoning Commissi®i.'s considera- tion so that I may precede •with the .co..structio *. COLE, HARTIG, NUNLEY, &RDHDES,.. :717 "K" " Street Anchorage; 'Alaska 99501 Er o .osed i a copy of Mr. Ronald J lams' 'request for an= exeeption :band, an. addition to: an existing duplex: Coul yo Plase: revewand advise hBorough- • . if we °".can, -grant--•this request. • Mr.. Ronald Williams P. 0. Box. 221 Kodiak, .Alaska 99615 Dear. Mr. 'Williams: March. 12, 1973 Enclosed is a- copy of : :the- Planning & Zoning - minutes of Uebruary 21, 1973, on your request for an exception. As you will:note, P &Z was not quite sure: if you :Were going to put a separate addition or whether you were adding a complete new:.:apartmehti? Could you please inform ,the Borough as-.to what is actually going to be done. `Very; truly yours, Norma L. Holt . (Mrs Acting Borough C1aekk PLANNING & ZONING COMMISSION MEETING FEBRUARY 21, 1973 CALL TO ORDER The meeting was called to order by Acting Presiding Officer, John Burnham at 7:45 p.m., in the courtroom cf the State Office Building. II ROLL CALL Present Absent Mr. John Burnham . Mrs. Wilda Gellis Mr. Gene Elvin Mr. Tom Terry Mr. John Welch Mr. Jerry Holt Mr. Jim Wheeler Also prezent were about 10 people in the audience. III MINUTES FROM PREVIOUS, MEETINGS A. P&Z - Regular - January 24, 1973, - No comments were voiced on these minutes. Mrs. Gellis moved to accept'the minutes. Seconded by-'Mr. Erwin. Motion passed by unanimous roll call vote. B. P&Z, - Work Session - February 5, 1973 - M7z..Gellis also moved to accept these minutes. Seconded by Mr. Erwin. Motion passed by unanimous roll call vote. IV MINUTES FROM OTHER MEETINGS A. Assenbly-Reularap.syLlui - No comments were voiced on those minutes. V : COMMUNICATIONS. A. Letter from City of Kodiak: Requesting Gibson Cove to be rezoned from Oomervation to Industrial Mrs. Holt' states we should have a public hearing on this area which would include from the new Ci4:,y Dock on out to Bio Dry and the Kalakalag Mrs. Gellis moved that we call for a public hearinf4. Seconded by Mr. Erwin. Motion passed by unanimous roll call.vote. V Letter from Ronald Williams Re: Requesting for an ex- ception of Lots 103 & 104, Block 9, Erine Subdivision Mr. Williams proposed to add an addition to his exist4mg duplex, which will be a two bedroom addition and he plans to occupy this addition. Mrs. Holt suggested that we should write Mr. Williams and ask him if he is adding'a separate and if-so ask the Borough attorney about whether or not we can prant en exce tion and then plan for a oubl. hearinp,,at the next regular meeting. Mrs. Gellis so moved. Seconded b Mr. . Motion passed by unanirnous roll callvote. C. Letter from Roddy & Betty York - Granny's Knitting Nook Lot 7, Al3x= & LaLande • Re: ting Subdivision, Biock from presen zoning o Resi ern; al . Unclassified to Business Mrs. York wou=2176-75-16".17— zone to business because she is now in the process of tearing the present building and building a. new shop on the lot. Mr. Benton has given them a stop work order because the zoning of the area is not business. Mrs. Gellis moved that we call for a public hep7,ing on Lots 1-7 of A11m.n. L tnde, Block 1. Seconded by Mr. Terry. Phe P1ai i g acid Z�aiiig 'K®d ak, Is'1ai di:.'t*r ®ugh Kodiak Alaska ::.99615 -' P. Kod ak 1aska 9961,5 February 1.9:, 1.973 inins's:mri ' Re-zoai .g- for:: - A-pp,l e a.:t i o m,_ ot: s: ;103... -aad Erski e - SLlb rExcepti:®.: :: Gen.t lemai I am _.requesting. that ..t:he . Plan ijag and Z ®tuitg 'Commission - :grant me as exceptioa.to'build.aa addititU to my existing duplex at 421 "Carolyn: St reet,- . Lots 103 aiad; `104, Bieck 9, Erskilae .Subdivi- .' siam:;. I',pl-aa t ®. add : a.. two ..bedroom " additioa' and.. -plan to-occupy inysglf.... I;. have'" met'. and uasea this. "c' ®i stru.ct•iog'- prOSec =t v�ri- _tYi.' he Plaimarg agd _ZOt ii g.:C®mmissiOi last- May, :-at which- time; -, th e Chai rma i -Mr. -`Johm `.Welch .advised ttia•t';I' .r equest a"'waiver:. to the preset 'z® atg .s® .:t.hat= .-I :can c on-tdinue_'my buildimg"..plaws,. Mr::.Rollaiad..J®mes, City :Etiagixeer' °at that. time, reviewed ,my c©iast ructiox plams_.aloag with my coitra'cter; Mr _ Art Zimmer e:: If. there: is further imformati0.:.required, please =, coatacp'ine at my Office, 486- 3248. or•_at h ®ine .486- 5896:. Your careful ceisi der -' ati ©ii: and .'speedy approval of my.request will. "be ,appreciated.. Sincerely,, w lli.ains �1 Kodiak Is11r,? , orough KO iAKt,:`AI,ASKA :1>qE-fltE-Di Pay 19, 197a Rorald P. O. .Em 221 AL-A 99619 'ReonAng for It5 3 F:14 lrA, T3lock 9 kne SUbdivisior '11)w azzn: Ylachih,c, 12-,O: 2. J. r,JA C?. i7,ne a(d palic r-ind ni•-.;v:::_ew of th are% to • tnat: ouJ (J 3Ot wnlen fr.:c A (,..1-1k-ek: %la* t() for -111.3t ' , oUr f41;:iireS 41:f I' E-ocio5ed far LI that of Code ('.i.et'1,1A, ar-,.?]ition for rxeet'',,o:::•;3. KIB PLANNING & ZONING COMMISSION - MAY 17, 1972 Page 2 VI PUBLIC HEARINGS V11 A. Public Hearing on Vacation and Replat of Lots 15 through 22, Block 1, Allman Addition, Fray & Sargent (Case 263 -A). This request was received in order that the lots size may be increased to comply with the Code of Ordinances. Mr. Holt moved for approval of the vacationa and replat, seconded by Mr. Hinkle. The regular meeting was closed and the public hear- ing opened. There were no comments from the members of the audience. The public hearing was closed and the regular meeting reconvened, The question was called for and the motion passed by unanimous roll call vote. B. Public Heaving - Rezoning Request from Unclassified to Business, John Fray and Harold Sargent, Lots 15 through 22 (15A through 21A after vacation and replat), Block 1, Allman Addition, (Case 263 -B). Mr. Sargent was in the audience and noted that this area is contiguous to a business district and that he has plans for building a warehouse in this location. Further stated that there is one house that is partly in the road right-of-way which will be torn down to allow for this building expansion. The public hearing was closed and the regular meeting reconvened. Mr. Holt moved that the Commission approve the rezoning, seconded by Mr. Hinkle. The question was called for and the motion passed by unanimous roll call vote. The Commission set forth the reasons for this approval in that the lot sizes as such before the vacation and replat were too small for use; this area is contiguous to a business area and is better suited for business, shopping center and such. The rezoning is in agreement with the Comprehensive Plan and would benefit the entire area. The Commission does recommend such change in the zoning. . Public Hearing - Rezoning Request from Mr. Williams, Erskine Addition, Block 9, Lots 103 and 104 from R -2 to R -3 to allow for the building of an additional floor and apartment in this area. The public hearing was opened on the request, a map of the area was reviewed. Mr. Williams was in the audience and indicated the type of construction that would be going up and noted that a two -car carport would be constructed to provide for off - street parking. Mr. Williams indicated that his Building Permit showed 13,000 . square feet or area on the two lots; however the Borough property files carry 3,103 for Lot 103 and 5,178 for Lot 104. A check will be made on the files to insure that these figures are correct, Mr. Williams indicated that he had talked with the Borough Attorney and had received a favorable indication on this rezoning, noting that the Borough Attorney stated that this could - be resolved. It was further pointed out that there are presently several tri- plexes in the area and that they were built in the R -2 zone. Mr. Welch commented that this would be spot zoning but felt that an exception could be granted. The public hearing was closed and the regular meeting reconvened. Mr. Holt-moved that the request for rezoning be denied on the grounds that this would be spot zoning and not in accordance with the zoning procedures or the Comprehensive Plan, seconded by Mr. Erwin. The motion passed by unanimous roll call vote. Noted that the Comprehensive Plan calls for this particular area to remain R -2 (medium density) with the Business Area to extend from the present downtown area outward. It was suggested that IMr. Williams check into obtaining an exception. ZONING ITEMS A. Letter of request from Sam Graber, Rezoning of Aleutian Homes From R -1 to R -2, submitted so that the land can be more efficiently utilized next to the downtown area and to implement the Comprehensive Plan land use plan for medium density. Mr. Erwin moved for public hearing on -this request • at the next regular meeting, seconded by Mr. Holt. Motion passed by unanimous roll call vote. B. Exception Request to the U.B.C. Requirement - Cecil Wilson, submitted by Mr. Wilson for exception to Section 504(b) which designates that group E.3 occupancies located closer than five feet to an adjoining property line must have a four hour rated exterior wall. The proposed construction will be within two and one half feet and in excess of the two hour requirement. The Building Inspector does recommend this exception and feels that the City, owner of the adjacent property, will not be building in this same area. Proposed by the City at the present time to use this property for the storage of machinery. During the discussion on this matter the Commission voiced opinion that it was not within their powers to grant such an exception in that the Code was adopted by the Assembly. It was the KODIAK ISLAND BOROUGH PLANNING & ZONING COPSSION MAY 2, 1972 - SPECIAL MEETING I CALL TO ORDER The Special Meeting was called to order at 7:40 P.M. by Chairman Welch. II ROLL CALL Present Absent Mr. John Welch Mr. Gene Erwin Mr. Gary Hinkle Mr. Jerry Holt Mr. James Wheeler Also present: Mr. Russell Walker, Borough Clerk - Treasurer and approximately fifteen people in the audience. III PURPOSE OF SPECIAL MEETING A. Public Hearing - Additional Use in Unclassified Zone - Placement of Sewer Treatment Plant, City of Kodiak. Prior to the public hearing being opened Mr. Walker informed the Commission and the Audience that Mr. Chapman from "'the Egnineering firm of Tryck, Nyman and Hayes and Mr. Jones from the City had planned to attend this meeting; however due to bad weather Mr. Chapman hand been unable to make it into Kodiak. Mr. Walker recommended that the public hearing be postponed until Mr. Chapman's arrival. At this time people in the audience asked questions about the plant and proposed location. The general questions were answered by Mr. Walker and members of the Commission. During the discussion Mr. Hinkle moved that since a few of the questions could not be answered that this item be tabled until a later date when Mr. Chapman could attend, seconded by Mr. Holt. The question was called and passed by unanimous voice vote. As a matter of record, a petition signed by thirty -six people was presented to the Commission. B. Public Hearing on Setback Variance Request - Michael M. and Kathleen May, Block 3, Lot 8, Leite Addition. The regular meeting was closed and a public hearing opened on the request. No comments were received. The public hearing was closed and the meeting reconvened. Mr. Holt moved, seconded by Mr. Hinkle, that the variance be granted. The question was called and passed unanimously.` . Rezoning Request by Mr. Williams, Erskine Addn., From R -2 to R -3. Letter of request was read by the Clerk and the area was located on the zoning map. The Commission was informed that the information was being reviewed by Mr. Madsen, Borough Attorney. Mr. Hinkle moved to postpone until an answer was received from Mr. Madsen, motion died for lack of a second. Mr. Holt moved to have a public hearing scheduled on the 17th ofyMj, seconded by Mr. Hinkle with the motion to add if the answer from Mr. Madsen was received in time to advertize). The question was called and passed unanimously. D. Vacation and Replat Request, Lot 6, Wadsworth (Case 265 -A) The request the proposed plat was reviewed. Mr. the publichearing be scheduled for motion passed unanimously. IV ADJOURNPVNT The meeting adjourned at 8: 35P.M. SUTBY% TED ,.,e/T)//),t-(= 66e„ Rsell Walker, Borough Clerk • Block 1, Miller Point Alaska Subd., Gene was reviewed by Mr. Walker and copies of Holt moved, seconded by Mr. Erwin, that the 17th of May, question called for and APPROVED: John Welch, Chairman TO Rost Madsen FROM KODIAK ISLAND BOROUGH P. 0. BOX 1246 KODIAK, ALASKA 99615 SUBJECT. Review of Remning Request FOLD t DATE: 14/10/72 Request that you review this letter before I send Mr. Willms an answer. PLEASE REPLY TO SIGNED Russell M. Walker DATE SIGNED THIS COPY RETAINED BY PERSON ADDRESSED .April 1, 19972 Kodiak Island Borough P.O. Box 1246 Kodiak, Alaska 99615 Gentlemen: I plan to build an addition, third level, to my duplex_ located in the Erskine: Subdivision., Carolyn Street, Lots 103 and 104, Block 9. • I -• understand that my property is currently zoned. R -2r and that it will be-necessary 'to change the exisiting zone to R -3 before I can legally, proceed' with the construction. I am currently contacting the residents within 300 feet of my property -to deter- mine their feelings concerning the purposed zone change?,.. Mr. .Roland:.Jone-s =, .City Engineer, has reviewed my Application • for- ,Building 'Permit and Certificate of occupancy, Form I00.1 and the` construction. of my present - - building. Mr. Jones stated' that-- since the duplex first level is below ..street level, my building would -be.. c onsidered> a two and one half story on the completion -of- a new .add:iti,on,.., ... I would .appreciat.e: an early meeting of the Borough, if possible, to resolve:- this . problem. If there- is additional action that I should take to expedite:. this matter, please contact me. erely9 io Ronald E. Williams P.O.. Box 221 Kodiak, Alaska 99615 Phone 2+86 -5896 7 er.%/— ec-gl"v cV2.4-4/ If; 44/ ge /2 3_ 77 is - ; 7,2 - ef /if,/ / 77 7 /o, 22 7 E..._‘e), I/ 9 zia Y 7 2 - - - yz 7..e.-/ z 7? /." ft / ! . - - / -- / g l 1 ' 1 -- /0 1 // '47 /) I --- --- • // I ,;g 1 . 1 , ; • , 1 ech/j, • . / r 31