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ERSKINE ADD BK 9 LT 105 - Code EnforcementKODIAX ISLAND BOROUGH 17. CASE PLANNING & ZONING REQUEST APPLICATION DATE Type of Request: 1 4, Final Disposition: (1t p koU Remarks: SQ C__A-2-t I F / 6-- (A-LS) brel Description of Land: Lot: /' ,< / C, Addn: Block: Survey # Person Submitting Application: „761A11-1 Mailing Address Covering letter submitted: Referred from: LH 0Z Pe° / 2 7 Plat Submitted: Person or Representative to attend meeting: (Name) Present Zoning: Proposed Zoning: Reason for Request: 1); e..)/ ,2 (2, Unusual Circumstances: Approved: Remarks: Not Approved: Remarks: Borough Assembly Approval: Remarks: 1--et-e/( C(iaTh_ N,Lo, IA/At 1-e-1 t4e-52-4- %in a(+-7 etd; 1/1 ild-d j/Vv‘iC, Rc CHRIS BERG, Inc. ANCHORAGE, ALASKA * P.O. BOX 719, 99501 • PHONE 272-3531 • POST ROAD " 4?Ac" Oligj . AM 4PR 4 4 101 4 did? 11,21 April 12, 1966 Subject: Building Peimit Gentlemen: Application is hereby made for a Building Permit to complete the basement apartment in the building located on Lot 106, Block 9 of Erskine Subdivision. 6 P4f 15,6 This reguoqt is based'cip the decision as reached by tLe loolak Island Botouga Planning and Zoning Commission during their regular meeting on February 21, 1966. Your early compliance will be appreciated. Very truly yours, CHRIS BERG, INC. A. D. Dewe), Jr. . Office Manager • 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" HOME OFFICE: 2730 WESTLAKE AVENUE N. • SEATTLE, WASHINGTON 98109 • PHONE ATwater 3-7511 • TELEFAX — 0.11, April 12, 1966 Kodiak Borough Kodiak, Alaska Subject: Building Permit Gentlemen: Application is hereby made for a Building Permit to complete the basement apartment in the building located on Lot 105, Block 9 of Erskine Subdivision. This request is based on the decision as reached by the Kodiak Island Borough Planning and Zoning Commission during their regular meeting on February 21, 1966. Your early compliance will be appreciated. Very truly yours, - ' Perry L. L. Dedrick /11,1 PM 11112111,,13141516 Kodak NAnd Borough RECEIVED AP:? 1 1(1:43 ASSEMBLY MEETING- April 7, 1966 -4 VII E. Building Inspector's Request for Restraining Order on Chris Berg Apts, Erskine Addn Blk 9, Lots 105 and 106 (Case Nos. 1C and 1F) Request read. Mr.. Merves requested that the Restraining Order be carried out in order for the case to come to court, since his party feels that the temporary exception granted by the P &Z Commission is a valid order. Matter dropped until later on the agenda. F. Re- Hearing of Wright & Welborn's Request for an Exception on USS 3218 (Case 493 -B; Recommendation from City read. Mr. Lester made a motion that the exception be granted with the provisions as recommended by the P &Z Commission. Seconded by Mrs. Hajdu. Carried unanimously by voice vote. G. Subdivision of USS 3100, Lot 14, by John Schreiner (Case #10 -A) - Approval of Harry Carter's Recommendation Recommendation read. Mr. Lester made a motion that the subdivision be approved. Seconded by Mr. Haakansen. Mr. Best stated that other subdivisions have been disapproved because of lot size and that approval of this one would not be fair to those people, and that the ordinance should be adhered to and sanitary facilities provided or bond posted to insure that they are put in before approval. Otherwise purchasers would be required to put in sanitary facilities only if plat is so covenanted. Motion carried by voice vote with Mrs. Hajdu abstaining. VIII New Business B. Approval of Resolution on Final Plat of KEA Sub, USS 1995 (Case #124 -A) Resolution read. Mr. Lester moved for adoption. Seconded by Mss Hajdu. Carried by unanimous roll call vote. A. Vacation and Replat of New Kodiak Sub Blks 2 (Case #95 -B) and Blk 4 (Case #109 -B) Public Hearing and Approval of Resolution Resolutions read. Mr. Lester made a motion for adoption of both resolutions. Seconded by Mr. Haakansen. Public hearing opened. Mr. Best explained necessity for vacation of old plats. Public hearing closed. Motion carried by unanimous roll call vote. VII E. Building Inspector's Request for Restraining Order on Chris Berg Apts, Erskine Addn Blk 9, Lets 105 and 106 (Case Nos. 1C and 1F) Mrs. Hajdu made a motion that the Borough Chairman be requested to direct the Borough Attorney to issue a restraining order for cease and desist on construction of Chris Berg apartments. Seconded by Mr. Lester. Carried by unanimous voice vote. IX Chairman's Report - None X Assembly Comments - None XI Meeting adjourned at 1:15 a.m. S.B.H. ' TO: . Borough Chairman, FROM; Building Inspector SUBJ: CHRIS BERG APARTMENTS MEMORANDUM March. 28, 1966 I hereby request that you direct the Borough Attorney to obtain a restraining order enjoining the Chris Berg Co. from using. the portion of their structwre which violates the ,listed ordinances of the Kodiak Island Borough. JLS /sh 1. Sec. 4, Item C -2, page 7 2. Sec.. A, page 2, Application of Regulations 3. Sec. 17, Item A-3, page 36 J. L. Stansbury BUILDING DEPARTMENT CORRECTION NOTICE JOB LOCATED AT Ci ga,s I HAVE THIS DAY INSPECTED THIS STRUCTURE AND THESE PREMISES AND HAVE FOUND THE FOLLOWING VIOLATIONS OF CITY AND/OR STATE LAWS GOVERNING SAME: \N\ YOU ARE HEREBY NOTIFIED THAT NO MORE WORK SHALL BE DONE UPON THESE PREMISES DUE TO THE ABOVE LISTED VIOLATIONS. DATE INSPECTOR FOR BUILDING DEPARTMENT DO NOT REMOVE THIS NOTICE • March 24, 1966 -Kodiak City Council Borough Assembly FROM: J. L. StiTilabury, Building Inspector SUBJ: CHRIS BERG APARTMENTS At the request of Mt. Wilton White, Borough Chairman, I have inspected the property and buildings known as the Chris Berg Apartments and find the following violations to exist: 1. Apartments do not meet lot requirements as prscr1bed in Ordinance 64-5, Section 4, Item C-2, page 7: b. For two-family dwelling, 3600 square feet per dwelling unit c. For multiple family dwelling with three or four dwelling Waits, 2400 square feet per dwelling unit The apartments as they exist do not meet the requirements for two-family units--7200 square feet. The lots on which these units are built are 50' x 100' or 5,000 square feet. . The units are in fact three dwellings each, or triplex. The fact that the first level is not occupied does not alter the classification. Apartments with three dwellings are not allowed in R-2 zones. • The permit was issued for a two-dwelling unit. Preliminary plan which was submitted did not include first level as it exists. Ordinance 64-5, Section A, page 2, states "No building or land shall hereafter be used or occupied and no building or part thereof shall be erected, moved or altered unless in conformity with the regulations herein specified for the district in which it is located." This section indicates that a violation exists. 5. Ordinance 64-5, Building Permits, Section 17, Item A-3, page 26, states: "No building permit shall be issued by the Building Official unless it shall appear from the application and coincident application for-certificate of occupancy that the building for which permit is granted shall conform to all of the applicable regulations of this ordinance and is to be occupied for a use in conformity with the provisions thereof. Any permit issued in conflict with this ordinance shall be null and void." Therefore, the permit which was issued is no longer valid. Because of the above listed violations, I have issued a stop work order on further construction as of this date. JLS/sh 3. L. Stansbury March 23, 1966 Chris Berg, In. Box 2486 Kodiak, Alaska Attn: Mr. A. D. Dewey, Jr. Dear Sir: This is to adknowledge your telephone tall of this date advising that your principals intend to proceed with couStruc7 tion and finishing of basements as apartments in your two buildings. Be advised that any action that may be taken in violation of existing ordinance and Assembly actions willbe considered •Z suchvlolation Upon proof of any violation, as determined through Office of Building Official, it will be encuMhent upon the Borough Assembly through the Borough Attorney to take any legal action as may be necessary • to maintain the integrity of BoroUgh ordinances. For your information, actions taken by the NZ Commission were advisory only. The Commission acted without authority in granting a "temporary" permit for a period of three years without aPProval of the Borough Assembly. WAS/sh N;* •cl Borough Chairman Sanitarian Building Official Assessor. City Manager Sine ly, Sienese Clerk/Treasurer 4,7 4 TO: Mr. W. T. White, Borough Chairman MEMORANDUM { • FROM: W. A. Sleness, Clerk/Treasurer SUBJ: CHRIS BERG APARTMENTS For the Record March 23, 1966 At approximately 10:55 A.M. this date, I received a telephone call from Mr. Dewey of Chris Berg Inc. Mr. Dewey stated that the purpose of his call was to advise the Borough Clerk that his principal, Chris Berg Inc., was proceeding with their plans to finish the basement apartments in their two biiildings/ W.,A. Sleness cc: Sanitarian Building Official Assessor Case File KODIAK ISLAND BOROUGH PLANNING & ZONING COMMISSION REGULAR MEETING - FEBRUARY 7, 1966 Cali to Order Chairman Cornelius called the meeting to order at 7:40 p.m. in the Magistrate's Court, Donnelley Bldg., Kodiak, Alaska. Roll Call Present George Cornelius, Chairman Sam Best Chuck Edris Dick Juelson Tony Perez Phil Anderson Gene Erwin Sid Urie Absent Loren Chester Also present: Sally Hendrix, Borough Secretary, taking minutes; Jim Barr, Borough Engineer; Harry Carter, Borough Sanitarian; and 28 people in the audience. Minutes of previous meeting, January 17, 1966 Minutes were perused individually. Comm. Best corrected Par. VIII -F under New Business to read "ASHA" instead of "Urban Renewal" and Par. IR -D under Old. Business to read - "Bik 1" instead of "Bik 5." There were no further comments or corrections and Chairman stated minutes were approved as read. IV Minutes of Borough Assembly, February 3, 1966 Minutes perused individually in silence. Chairman asked for comments. Comm. Edris asked what had taken place on the Russell Case. Comm. Best explained that the Assembly- felt that the Borough was partly in the wrong in this case since Mr. Russell had not been notified further after his case had been tabled. Comm. Perez. read Section 16.0 of the Zoning Ordinance which states that "failure of the Planning Commission to make a determination within the time specified shall constitute approval of the' application." There were no further comments. V Audience Participation Mr. Breckburg suggested that the Ordinance be changed so that no repetition of a case similar to Mr. Russell's could occur. Chairman Cornelius replied that the, Borough Attorney has been instructed to revise the Ordinance and that this should prevent repetition of these circumstances. VI Public Hearings A. Approval_of Exception for ASHA Low- Income Housing Plans, Parcel °l, USS 2538,4 &B, Case #103 -A Chairman reviewed case and called upon Engineer Barr for further presentation. Mr. Barr explained the necessity for an exception- -that group housing is not permitted in B3'zoning according to the Ordinance. He also gave the background . of the area involved. Comm. Best made a motion for approval of the exception as outlined in Zoning Ordinance 64 -5, Sec. 10 A 18, "Additional Uses Permitted-- Group Housing Developments." Seconded by Comm. Edris. Chairman then opened public hearing. Mr. Breckburg inquired if this land was owned by the city and why it could not be opened to private sale. Mr. Barr explained that the restrictions of the city's deed called for the land reverting to the U.S. Government when it was no longer used as watershed, and that there was no way to get it released for private sale. The public hearing was then closed, and motion carried unanimously by roll call vote. B. Rezoning Erskine Addn, R2 to R3, Property Owners (Case #1E) Chairman reviewed case. Comm. Best made a motion that the case be opened for public hearing. Seconded by Comm. Perez and carried unanimously. Chairman opened public hearing, and Comm. Best explained that the intent of the hearing was to aid the Commission in its decision on the case. During the following hearing, Mr. Wallace, Mr. and Mrs. Heglin, Mr. and Mrs. Saupe, Mr. Welsh and. Mrs. Kessler spoke against R3 zoning, and Mr. Merbes, Attorney of Anchorage., PLANNING & ZONING MEETING - February 7, 1966 Page 2 representing Chris Berg and those in Favor of R3 zoning, Mr. Slater and several others spoke in favor of R3 zonings The main arguments in favor of R3 were the great demand for housing in Kodiak and the desirability for this particular area to be so zoned. The property owners in the aied objected td the rezoning because they already had homes there and wished to keep it an R2 area. The public hearing was closed and Mr. Barr commented on the difficulty of a decision in such a case, since a rezoning would do injustice to the property own -rs, but that the whole community is affected and there is a desperate need fbr R3 zoning. He pointed out that more property owners would be affected if any other area were rezoned. There followed further discussion among the Commissioners, and Mr. Edris made a motion to reject rezoning to R3. Seconded by Comm. Erwin. Motion carried 4 to 3 in the following roll call vote: Yes No Comm. Anderson Comm. Best Comm. Edris Comm. Perez Comm. Erwin Comm. Urie Comm. Juelson Recommendation will be made to the Borough Assembly to. keep R2 zoning in this area. The people involved will be notified of the outcome of the case per Par. 23 -D of Ord. 64 -5. VII Correspondence A. Letter to Wilton White from Ivor Schott re P &Z recommendation on land for schools was read. Comm. Best made a motion that the Assembly take steps to acquire subject land for the schools. Motion seconded by Comm. Edris and carried unanimously. B. Info copy of letter from Wilton White to Joe Keenan re Recreation Areas was read and noted. VIII New Business A. USS 3469, Units 1 -4, Island Bay Subdivision, Preliminary Plat, Karluk Land, Inc. (Case #108 -B) Chairman reviewed case. Comm. Best disqualified himself and explained that there will be quite a few changes made in this plat in order to obtain FHA approval and to improve upon it, but that the final plat will generally conform to this preliminary one. The purpose of this preliminary plat is to keep, everyone informed about progress of the subdivision. A discussion was held concerning utility right4ways and easements. A letter was read from Eng. Barr containing recommendations for corrections of the plat. Comm. Juelson made a motion that the preliminary plat be approved subject to the stipulations of the Borough Engineer. Seconded by Comm. Perez. Carried unanimously. Meeting recessed from 9:50 to 10:00 p.m. Sanitarian Carter suggested that a zoning map be placed on a tripod for,the meetings so that it could be seen more easily. Mr. Barr showed a trial print of the new zoning map and explained that the zoning will be shown by shadings and crosssectioning. The maps will be ready in several days. B. East Addn, Blk 35, Lot 7, Variance, M. Christofferson (Case #119 -A) Chairman reviewed case. Comm. Best read Sec. 20 -C of Ord. 64 -5 concerning variances. Comm. Juelson made a motion that a public hearing be held on this case at the next regular P &Z meeting on February 21. Seconded by Comm. Juelson. After brief discussion, motion was carried unanimously. c. Referral from Assembly - Discussion of Requirements for Temporary Trailer Permits Mr. White's memo to the P &Z Commission was read, as well as the section of the Assembly minutes pertaining to this matter. Comm. Best moved to postpone this item until later on the agenda. Motion seconded and carried unanimously. • Assembly Meeting 1/20/66 Page 2 Concluding the discussion on the facts and documented timing of events, and the actions pertaining to Mr. Russell's construction and erection of his building, Mrs. Hajdu moved that the P &Z Commission's denial of an exception to the P &Z ordinance as applied for by Mr. Russell be reversed, and that the exception be granted. Motion seconded by Mr. Lester. Roll call vote on the motion as follows: For Mr. Wright Mr. Brechan Mrs. Hajdu Mr. Lester Motion carried. Exception granted and so ordered. , Against Mr. Barr, Borough Engineer, speaking from the audience, then made a statement pertaining to Assembly action on Mr. Russell's case and spoke substantially as follows. Mr. Barr began his remarks by saying, "I believe by the action you just took you have eliminated essentially the entire subject of your zoning ordinance. You have essentially said that everyone that wants to violate the ordinances can go right ahead because if you can find any technicality that is wrong, you have a perfect right to go right ahead and open it up. This is essentially what you have said. . . I think that you can expect a complete demoralization of your planning and zoning commission from this." Mr. Barr commented further to the effect that he believed the P &Z Commission's past and future efforts could be considered a waste of their time. Mrs. Hajdu spoke in rebuttal to Mr. Barr's comments to the effect that she hoped the action of the Assembly would have the opposite effect of his opinion and "will bring to the attention of the Planning and Zoning Commission the necessity of following the prescribed procedures in order for us to take enforcement action." Chairman White then commented on Assembly action. Mr. White prefaced his remarks by stating that his views should be taken as being removed from Mr. Russell's case and as applying to the whole problem of enforcement of ordinances. That, "in effect, you have removed the effectiveness of the building ordinance and I will no longer attempt to enforce it." Mr. White went on to say that he . assumed the Assembly wished the ordinance re- written in its entirety. Further, "because under the present system you've completely and effectively cancelled it, or at least compromised it to the point where, as Jim pointed out, why, it's subject to . compromise by technicality." That, as the present ordinance now stood, "it is of no value until you completely re -write it." Mr. Lester then solicited the opinion of the Borough Attorney, Mr. Madsen, on the matter. Upon query by Mr. Lester, Borough Attorney Roy Madsen commented to the effect that in his opinion, the P &Z ordinance as written was still an effective and workable ordinance; that he believed procedures were now understood by Commission members and Borough Staff wherein anyone concerned knew what was - required. And, that there would be times in the future again,gerhaps, when the decisions of P &Z would be overruled by the Assembly sitting as a board of adjustment. In substance, "that we -are just getting 'our feet wet' in this planning and zoning and that we have a long way to go." There was a further short general discussion by Assembly members before moving back to status of regular meeting by order of the presiding officer. VII B. Ordinance 66 -1, Borough Lands - First Reading by the Chairman. Mr. Brechan moved for approval of first reading and that copies be made available, seconded by Mr. Lester. Motion carried unanimous by roll call vote and so ordered. Presiding officer caed for recess at 10:10 p.m. Meeting reconvened at 10:18 p.m. C. Chris Berg, Building Permit Review This matter came before the Assembly for purpose of review of building permit as directed by action of the last Assembly meeting. Building permit documents were reviewed but no action was taken as this matter is on the P &Z'agenda for public hearing on February 7, 1966. CITY OF KODIAK BOX 685, KODIAK, ALASKA 99615 Office of the City Manager January 19, 1966 Wilton T. White, Chairman Kodiak Island Borough Box 1246 Kodiak, Alaska Dear Sir: Per your request we enclose copies of building permits for Chris Berg properties. Also enclosed are copies of two memos from the City Engineer on this subject. The City Engineer visually inspected these premises again today and finds them in essentially the same condition as September 20, 1965, except that the concrete floor appears to have been swept. Very truly yours, CITY OF KODIAK Ralph S. Jones City Manager Encl: INTER-OFFICE COMNIJNTCATION CITY OF KODIAK City Manag.!r DATE: 1,-tn 19, L966 FROM: R.A. SUBJECT: (14 1).'rr111t Attached Is letter tf)m WiLton T, Whi i Rough Chql!man copies of tho Applicatton for building p,.rmits, and a copy of my memo of September 20, 19b5, Said memo still applies , - R k Jon:— Planning and Zoning Meeting - January 17, 1966 Page 2 VI B. Public Hearing - Variance, Lot 24B, USS 3099, Chas. Edris (Case #98) Chairman reviewed actions to date. Mr. Edris disqualified himself and stated that he desired approval for a 17' side yard. Comm. Best made a motion for approval of the variance.. Seconded by Comm. Perez. The public hearing was opened and there were no comments. Hearing was closed'and motion was carried unanimously by roll call vote. VII Correspondence: None VIII New Business A. Lot 14A, Blk 16, Townsite - Exception to move building onto lot - John Butler (Case #77) A letter was read from Mr. Butler stating his desire to purchase this lot from Mr. Bolden and to place the radio station building on it to be used for his business during the urban renewal transition period of up to two years. Comm. Edris made a motion for a zoning exception to accept the movement of a building onto this lot, to be removed within a two -year period after Mr. Butler purchases his own land back from Urban Renewal. Seconded by Comm. Juelson. Motion carried unanimously. B. Lot A, USS 3218, Trailer Court Permit - Eugene C. Smith: (Case #96) Chairman reviewed actions to date. Mr. Smith answered questions concerning his plans for water supply, electricity, playground, and parking. Some doubt occurred as to possible number of trailers to be placed according to size of lot. Comm. Juelson made a motion that the case be submitted to the Borough Engineer for his recommendation. Seconded by Comm. Perez. There was further discussion on sewage and Comm. Beet doubted approval of present plan by the sanitarian. Motion carried unanimously by roll call vote. C. Lot 3, USS 3099, Trailer Court Permit, Jack Brisbane (Cass 199) Chairman reviewed actions to date. Comm. Edris made a motion to table this case until next meeting due to lack of representation. Seconded byComa. Perez. Motion carried unanimously. D. Erskine Addn. - Rezoning - Property Owners (Case #1) Letter read from Borough Chairman to City Manager requesting copy of building permit for Chris Berg apartments.. Mr. Barr reported that he had inspected the Chris Berg apartments and found that the third apartment is not in use, nor in a condition to be used since it sis incompleted. There are only two apartments being used at present. This was affirmed by Comm. Perez. E t A petition submitted by property owners in the area was read requesting a zoning change from R2 to R3. A second petition by other property owners was fi read protesting change in zoning from R2 to R3. Comm. Best made a motion that a public hearing by P&Z be scheduled for Feb. 7. Seconded by Comm. Perez. Motion carried unanimously. Those property owners involved will be notified of the hearing by sail. Mr. John Welsh stated from the audience that the Chris Berg unfinished apartment is now sheet rock and is ready for painting. . Petition Leite Addn. - Ben Bolden (Case #102) Chairman reviewed case. Petition was read requesting that this area, now zoned R1, be kept Rl and be re- established as a completely residential area. Comm. Best made a motion that the peittion be filed and brought out if any re- zoning requests come up in the future. Seconded by Comm. Perez. Motion carried unanimously. January 14, 1966 Mr. Ralph Jones City Manager Box 685 Kodiak, Alaska Dear Ralph: Calling again your attention to the Assembly Meeting minutes of January 7, Par. VI -B, in the matter of Chris Berg properties. Information has come to the Assembly through the Planning & _Zoning Commission that these apartments are being operated=under- classification R -3 which is in violation of the Borough Zoning Ordinance. It will be appreciated if you would furnish the Borough Office with a copy of the building permit as issued for the information of the Planning & Zoning Commission and Assembly for follow through on alledged violation. WAS /WTW /sh Yours very truly, Pi i1toT. White Chairman Assembly Meeting 1/7/66 Page 3 The motion was seconded by Mr. Brechan. A short dieduasion followed during which Mr. Brechan pointed out that Borough commitment in this, inetai'Ce clearly limited to $750,000 in accordance with bonding authority as voted for by the people. It was brought out again that the architect's projected figures for site preparation, sewer and water were estimates only, and that between the possibility of city assistance on sewer and water, and probable excessive estimate on site preparation, along'with a budgeted sum of approximately $30,000 for architect fees in current school budget, final cost could be held within authorized funding limits. Roll call vote on the motion: Carried unanimously and so ordered. A short discussion followed on subject of authority for architect to commit for test hole services. Opinion of Assembly in discussion was that this authority lay with the school board as being monitoring body for the project. Returning to Agenda schedule, next item: V A. P &Z minutes of January 3, 1966, were read by the Chairman. A short discussion on items in the minutes for Assembly action followed. VI A. Letter dated December 28, 1965, from HHFA to the Borough was read by the Chairman. There was a short discussion on the request in the letter which was, in short, that certain lots in Aleutian Homes area be sold to ASHA for their development in construction of housing for persons in middle income bracket. Assemblywoman Hajdu moved that the position of the Borough Assembly be in concurrence with the City Council position in being not in favor of sale of these lots to ASHA and being in favor of sale to private developers. Seconded by Mr. Brechan. Motion carried on unanimous roll call vote. VI B. Chris Berg apartments: Chairman read petition of property owners in the area. A short discussion followed in review of background of P &Z referral and coincident receipt of petition for re- zoning. Concensus of Assembly, without formal action, was to refer petition to P &Z Commission, and that the Chairman should direct a letter to the City Manager, advising that the Borough P &Z Commission has indicated violation of Chris Berg properties as being operated as R -3 or triplex units and request their investigation on compliance with building permit as issued and in accordance with the Borough zoning ordinance. VI C. Assembly actions on various P &Z referrals: 1) Harding's trailers on Cutoff Road. Referral from P &Z was discussed and reviewed. Borough Clerk was instructed to check on whether building permit was issued. 2) The Chairman stated that the matter of Harding trailers appeared to be a basic problem of sanitation and Borough Clerk was directed to instruct Sanitarian to check out sanitary provisions of Harding Trailers for report back to the Chairman. VII Communications, Correspondence A. Letter from Senator Magnuson re Soviet Russian sale of processed seafoods in U.S. was read by the Chairman. No action. B. Rotary Club resolution re hospital was read. No action taken. Resolution in support of petition to Local Affairs for hospital and other area wide powers. C. Letter from Chairman Matanuska - Susitna Borough was read. This was an invitation for a conference January 14 on borough affairs in general. No action taken. let SALM S. JOIt Tilt 1QLLAhlt A. JONL OOSACT/ CMS Dim DO 1 Sept. i4, 1%s the Chris Sorg units construeted under building permits Se. 6S-3 aed WS were iespseted on September 16, 196S, and vere farmd to be in oemjliancs with the .somaing ordinance. j The laver floor is used as furnace and miscellaneous storage area. Werh has been terminated by the owner on this lower floor.. The owner considers this 1s,sr floor as a basement with exterior entrance rather than the typical interim Mttiace. Rolland A. Jog • September 14, 1965 Mr. Ralph Jones, City Manager P.O. Box 685 Kodiak, Alaska Dear Ralph: We have had several pieces of correspondence come into our office regarding the two so-called duplexes which Chris Berg has built off Benson Avenue. We do not as yet have copies of the building permits for these structures. It would appear from the information that we have that the buildings have been designed as tri-plexes which would be an exception to our zoning in this area which is at present an R2 classification. Could our office please have copies of the building permits issued on these two structures. Respectfully, Charles A. Powell Borough Chairman CAP:jmw " KODIAK ISLAND BOROUGH P & Z COMMISSION SEPTEMBER 1, 1965 Page 2 F. T.T. Jackson - temp. trailer, leasing land with option to sell to individuals Deleted by request of Mr. Jackson. VI Correspondence /17 A. Letter from Harry C. Wallace. Engineer Barr read the letter which called 1 attention to apparent violations of Zoning Ordinance within the City. Commissioner Edris moved to refer letter to Borough Assembly with no recommen- dation. Seconded by Commissioner Franklin. Voice vote was unanimous:.. VII Minutes from Boards and Commissions Borough Assembly 8/19/65 VIII Audience Participation None IX Adjournment The meeting was adjouned at 9:25 p.m. Planning and Zoning Commission Kodiak Island Borough Kodiak, Alaska . Box 412 • Kodiak, Alaska 30 August 1965 Gentlemen: I wish to call to your attention what I believe are violations of the Planning and Zoning Ordinance of the Kodiak Island Borough on Lots 105 and 106 of the Erskine Subdivision of U. S. Survey No. 562. It is my understanding that this property is zoned as a residential R2 area, but from all outward appearances it appears that there are two triplex buildings being constructed on Lots 105 and 106. It seems tome this is in violation of the zoning for the area. Will you please check into this matter and advise me. Thank you. eeArmio °P. 40 d al4" '4 00L Very truly yours, 6t, .7tLeaircex-e--- . Harry. C lIWallace (7- August 9, 1965 Planning and Zoning Commission of the -Kodiak Island Borough - Kodiak, Alaska Gentlemen: This is to call to your attention what I believe are violations of the Planning and Zoning Ordinance of the Kodiak Island Borough on Lots 105 and 106 of the Erskine Subdivision of U.S. Survey No. 562. First, it is my understanding that this property is zoned as a residential R2 area, and from all outward appearances and from myinspection of the interior of the two buildings being constructed on Lots 105 and 106, it appears that these are triplexes which would be in violation of the zoning for the area. Secondly, it would appear that the building constructed on Lot 106 is in violation of the side lot ]fines, as it appears to be less than five (5) feet from my side lot line. I would,appreciateyour checking into this matter and advising me-of your findings. (2 Very truly yours, JOHN H. WELCH Post Office Box 127 Kodiak, Alaska 117 P7,11' hiAk isonwAtIvii SVILDING *Itt.art CA! NotioNEN me0.111.•■•■• so imam orrecias. t. godsoduma, ,a owes • 0•01 k•dow maim% tx-trortIsts. us411•4 tsawrot I. Sim at Owsor W Losii---Chri&-atgliw--1416"".—..,.,..... I. Nom of IkdkIer Caskinissow--Chtha-.111a4,--Zia..---. • tersii is sespreell for wry 1111121111611 1114msellarg 0 serens 0 4 11 tar tosallellai Mats Ware sad what st 1. L Lat Mork l'%o k S. Ocomperwry at a NM I Ili 1 nig *Store tor Dwelling or 7 $im 11•1111aa. 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Beweria uot readily evtaable_ maw solid 011 `111firego' -to r.a.c.e.tviaw &Land _PecteitArani-lhAirsailic.--- Footing. for Foundetion•, unless other- wi•• specNtcally provided, shall be constructed of mason, y or concrete and shall in all cases extend below frostfina. Foundation wane sup- portiag wood shall extend at least 6" obey• finish grade adjacent to the wall al en- ikeitte • taped) Beildhog mar Yeipt-7 'Jones • !141( ,T' IPt$0,4' grom,444,11141411 41010.40410* -11,-"So***10010,09,-'04"r" VOW01" litrile"ellr".111111. a 414 444611P- $."70-46, 44.-- ---.---10011z1111471111;7"- - 44' c' • ':. • .•••• ••• r P & Z Commission Meeting February 3, 1965 - Page 2 4. The subdivider concurs with the 60' right-of-way plus 20' construction slope easements and future extension of Larch Street. 5. These items were'smalltechnical items which will be covered on the final plat. Discussion on length of blocks and grades of streets followed. The subdivider stated that 'he would maintain the streets. until the area came into the City or unlesv-another agency-would be found that would maintain them. They offered io'dedicate a lot bordering on Lilly Lake to public use for play area and access. Lot 1 Block 10 and Lot 14, Block 9 were suggested by the Commission. The Commission concurred in a change of scale to 1" =50' rather than 1" 20/ as shown in Section IV B for the final plat. Action on the plat was deferred until a special meeting to be held early next week on call by the Chairman. Engineer Barr requested the Commission's attitude regarding expeditious handling of the initial Urban Renewal re-subdivision. The majority of the Commissioners indicated that it would be handled as expeditiously as possible. A discussion of sanitary problems involved in the outlying districts was held. The Commission requests that the State Sanitarian (Box 1216) be placed on the Borough mailing list, Jack Wells of Chris Berg Inc. stated that they had purchased lots 105 and 106 in the Erskine Subdivision and wished to construct a fourplex. A discussion followed and he was referred to his' original deed covenants the Borough Attorney.. The meeting was adjourned at 10:55 p.m. Respectfully submitted,. ou, James R. Barr Borough Engineer PLANNING fe ZONING COMMISSION • REGULAR MEETING - FEBRUARY 3, 1965. The meeting was called to order at 7:45 in the courtroom by Chairman Johnson. PRESENT ABSENT Bill Lamm Eddie Franklin Jim Duros Dick Juelson Walter Kraft Phil Anderson Norman Sutliff Harry Felton Minutes of the meeting of January 20 were approved as submitted. The letter of C.L. Jeffers for a variance for Block 19 and 20 of Block 1 to permit construction of a 40 x 90 warehouse was read together with a petition signed by all residents within 300 feet except one. Commissioner Juelson moved that the petition be approved as written. Seconded by Commissioner Duros and approved unanimously. This does not approve construction of an office. Larry Sickles, the new state s44itarian, was introduced. A letter from Dr. R. Holmes Johnson was read outlining the problem of the States Otmeloi Point Road running-through the Kodiak Baranof Production's Inc. outdoor theatre site and thereby rendering it useless as a theatre site. Commissioner Lamme moved that the Commission favor the use of the Monaska site as an outdoor theatre for both the centennial and future use and that the Alaska Department of Highways be urged to utilize an alternate route for • construction. Seconded by Commissioner. Juelson and carried unanimously. A building permit for Lot 16, Block 1, Airpark to- construct a frame 34': x 22' garage and workshop was presented for Paul D. Buker. Commissioner Franklin moved that if Mr. Buker can obtain the signatures of all residents within 300' of the property on a proper petition the commission may look favorably on the request. Seconded by Commissioner Lamme and carried unanimously. A meeting with the Port Lion's Council, BIA, Division of Lands, and Kodiak Island Borough to be held February 9 starting at 9:00 a.m. was announced. The Commission requested that an agenda be prepared and that all business requiring P & Z Commissioners be scheduled for a particular time. The preliminary plat for Baranof Heights Addition No. 1 was presented together with the Borough Engineer's comments dated February 3, 1965. The points raised were covered in order by Mr. Lounsbury as a representative of Baranof Heights, Inc. 1. The suggestion regarding access to Block 5 was concurred with by the .subdivider. 2. The easement is not indicated by deed or title search. It was suggested that the easement for the stream will be dedicated for the stream. Engineer Barr in his capacity as City Engineer felt that access and. stream easement could be worked out satisfactorily to the mutual benefit of both the City and the subdivider. • More attention will be given the problem of the graves but thiS doesn't appear to be a serious problem.