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ERSKINE ADD BK 9 LT 105 - Exception (2)ISODIAK ISLAND 12G ,OUGH CASE 7' / PLANNING & ZONING REQUEST APPLICATION DATE SO Final Disposition: Application Fee Paid Rem'.rks: r Type of Request:__. E: e Description of Lind: Lot / `c 4o Olock; Addn : Survey , j'' — Person Submitting Application: Mailing Addreds Covering letter submitted: Pict Subr..itted : Z(Ze2/ Person or Represent tive to attend meting: 7 Present Zoning: Proposed Zoning: Reason for Request: Approved: Remarks: Not Approved: i/ 2, ien-r rks : Borough Assembly Approvrl: Remerks : INSTRUCTIONS TO DELIVERING EMPLOYEE Show to whom and r Show to whom, when, and Deliver ONLY when delivered I address where delivered I to addressee (Additional charges required for these services) Received REGISTERED NO. CERTIFIED NO, g3835; INSURED NO. DATE DELIVERED N0V 121966 RECEIPT the numbered article described below. SIGNATURE ak NAME OF ADDRESSEE (Must always beflled in) NATURE OF ADDRESSEE'S AGENT, IF ANY SHOW WHERE DELIVERED (only if requested) c55- 18- 71548 -8 GPo RECEIPT FOR .CERTIFIED MAIL- -20¢.: ;,... SENT ... k , ... �, ,,Q ;� .:' ; _ � 'f_ r , ._ My e' (( POSTMARK ,. - -pR-DATE STREET NO"= CITY; STATE AND ZIP CODE t' r, /fyou Want a ietUrn receipt, chockwhich If-you''want , - delivery;- only„ , -to - addressee,' check hers c,,,,. ^ . .r 0 fee ; 5¢ , .. - ?D¢ shows ;. a 35¢ shows. to whom, . to whom C when, and address-; •i and when , where delivered '• FEES ADDITIONAL TO 20 FEE :POI/Form 3840-.:NO-INSURANCE COVERAGE PROVIDED= July 1963 NOT FOR INTERNATIONAL MAIL See other side) November 10, 1966 REGIS ,rf E R E D Nr. Jack Starbird, Supt. Chris Berg, Inc. Box 2486 Kodiak, Alaska Dear Er. ,.ibis is to iuiorm you that your request for a temporary zoning exception to,occupy the basement 'units of the Chris Berg' - 'Apartments as dwellings was denied by the Planning & Zoning Commission at their meeting on November 9, 1966.. ' . If you pursue the completion and the occupancy of these two basement units as dwellings, legal action will be itmediately instigated against you. We suggest that you. contact. Mr. David Ruskin, Borough Attorney,. if you have any questions regarding this 'matter. - Very truly yours, J. L. Stansbury Building Inspector City of Kodiak /Kodiak Island Borough ; JLS /sh cc: David Ruskin,. KODIAK ISLAND BOROUGH PLANNING & ZONING COMMISSION REGULAR MEETING - November 9, 1966 I CALL TO ORDER Chairman Hansen called the meeting to order at 7:40 p.m. in the Magistrate's Courtroom, Donnelley Building, Kodiak, Alaska. II ROLL CALL Present Arnold Hansen, Chairman Henry Breckberg John Waller John Welch Russell Williams Also present: Jim Stansbury, Building Inspector; Sally Hendrix, Secretary taking minutes. III MINUTES OF PREVIOUS MEETING - October 26, 1966 There were no comments and Chairman ordered minutes accepted as presented. IV MINUTES OF BOROUGH ASSEMBLY - November 3, 1966 Mr. Stansbury answered several questions regarding Jackson's Trailer Court. There was a question concerning the legality of the exception granted to the Kodiak Bible Chapel in Baranof Heights, Blk 4, Lots 6 -8, which was for construction of a church in an R -2 zone. It was the concensus of opinion that this exception is not legal, per the Attorney's opinion that exceptions may not be granted in Residential zones. V CORRESPONDENCE - None VI PUBLIC HEARINGS A. Request for Setback: Variance - East Addn Blk 40 Lot 7 - Robert Reynolds (Case 164 -A) A public hearing was held with no objections from the audience, After some discussion, Mr. Waller moved that the variance be granted. Seconded by Mr. Williams and carried by voice vote as follows: Yes - Mr. Hansen, Mr. Waller, Mr: Welch, Mr. Williams; No - Mr. Breckberg. VII ZONING ITEMS - PRELIMINARY REVIEW Request for Temporary Exception to Use R -3 Apartments in R -2 Zone - Erskine Addn Blk 9 Lots 105 and 106 - Chris Berg, Inc. (Case 1 -G) Application letter was read and case reviewed. Mr. Stduiibury reported that in October Mr. Starbird, representing Chris Berg, had asked Mr. White's permission to use the basements for offices, and had received the permission. Some time later Mr. Stansbury inspected the basements and found that people were living there, and it appeared that work was being performed to convert the basements into apartments. On another occasion he found carpenters works and informed Mr. Starbird that unless the Planning and Znning Commission had plans to rezone the area, legal action would be initiated against Chris Berg Inc. The Commission agreed that there is a great need for housing, but that an exception cannot be permitted in this case, per a previous attorney's opinion that exceptions cannot be granted in Residential zones. Mr. Waller moved tlt the request be denied. Seconded by Mr. Welsh and . carried by unanimous voice vote. VIII S :DIVISION - PRELIMINARY APPROVALS - None IX SUBDIVISIONS - FINAL APPROVALS - None X OLD BUSINESS A. Building Inspector re Rezoning of Erskine Addn, Block 9. This was discussed under VII -A above. There was further discussion on the necessity for the Borough to take a firm stand in enforcing the ordinances so that they will be respected in the future. RESUME OF CHRIS BERG APARTMENTS ERSKINE BLOCK 9 LOTS 105, 106 2/3/65 - PLANNING & ZONING MEETING - Chris Berg requested permission to construct a fourplex. He was referred to the original deed covenants forbidding anything over R-2, and to the Borough Attorney 2/19/65- City issued building permitslor two buildings--each to be 2 stories with a basement ,8/9/65 - John Welch wrote complaint to Borough that buildings were triplexes rather than R-2 8/30/65- John Wallace wrote same complaint 1/7/66 - Assembly requested Chairmanito have-apartments investigated and to determine if basements were being used as apartments 1/17/66- malampaximmant PLANNING & ZONING MEETING - Buildings had been inspected and were found to be R-2 since basements were not being used Petitions for and against rezoning this part of Erskine Addition to R-3 were received. 2 7 66 PLANNING & ZONING held public hearing on rezoning and recommended to Assembly that zoning remain R-2 2/21/66- PLANNING & ZONING granted exception to Chris Berg Inc. to use apartments for 3 years 3/3/66 - Assembly reversed decision on P&Z's exception 3/23/66- Chris Berg Inc. advised Borough Office they were finishing basement apartments in spite of reversed decision 3/24/66- Building Inspector Stansbury inspected apartments and found violations: a) buildings were constructed as R-3. Even tho the basements were net being occupied, it was a violation to construct them as such b) Lots were too small to meet setback requirements Stansbury issued stop work order on basement apartments 4/7/66 - Assembly upheld P&Z recommendation NOT to rezone to R-3. Assembly, per Stansbury's request, directed Attorney to stop construction on basement apts. by legal action. No action was taken by the Attorney. 4/12/66- Chris Berg Inc. requested a building permit to finish the basement apartments based on the P&Z decision of 2/21 which granted the exception and which had been reversed by the,Assembly on 3/1. No permit was issued. CHRIS BERG, Inc. 11/4 HOME OFFICE: 2730 WESTLAKE AVENUE N. • SEATTLE, WASHINGTON 98109 • PHONE ATwater 3-7511 44fELEFAX — JL, r■Vimil .4, pill 4 415116 Kodiak, Alaska Nov. 8, 1966 Planning and Zoning Commission Borough of Kodiak Kodiak, Alaska Gentlemen: We were recently awarded the Kodiak Urban Renewal Contract, a project designed to alleviate the present well known shortage of housing and commercial facilities in Kodiak. This increased voltme of work made it necessary to bring to Kodiak additional supervisory and technical personnel. We have been unable to find adequate housing for theme In anticipation of this dilemma:, we found it necessary to advise some of the tenants of the Chris Berg Apartments that their leases would be terminated at the end of the lease year, in accordance with the terns of the leases. This was done only after being advised that the tenants were expecting to be housed at about that time in other facilities which were nearing completion Unforeseen delays made it impossible for these very excellent tenants to move, and we do not feel that we can ask them to move out into the streete As a result we have found it necessary to utilize the fac- ilities existing in our own apartments for some of our people. We therefor respectfully request that permission be granted to occupy the basement area of the Chris Berg Apartments for the duration of our Urban Renewal contracte Yours very tray CHRIS BERG, INC. Jack Starbird, Supt, ANCHORAGE, ALASKA • P.O. BOX 719, 99501 • PHONE BR 6-5871 • POST ROAD FAIRBANKS, ALASKA • P.O. BOX 709, 99701 • PHONE GL 6-4866 • RAILROAD INDUSTRIAL AREA HONOLULU, HAWAII • 2827 KAIHIKAPU STREET, 96819 • PHONE 892-935 • CABLE "BERGHAWAII" TOKYO, JAPAN • NADAYA BLDG., 2, 1-CHOME, KAMIDORI, SHIBUYA-KU • CABLE "BERGENGINEER"