ERSKINE ADD BK 9 LT 105 - Exception (3)KODIAK ISLAND BOROUGH
PLANNING & ZONING REQUEST APPLICATION DATE
Type of Request:
Description of Land: Lot: /
Addn:
Final Disposition:
Remarks:
Block:
Survey #
t Lk,
Person Submitting Application: e_..4\ I-- (5
Nailing Address 0 X
Covering letter submitted:
Referred from:
Plat Submitted:
Person or Representative to attend meeting:
Present Zoning:
Proposed Zoning:
Reason for Request:
rilAr‘ DLfc /1
(Name)
Unusual Circumstances:
Approved: ? /
Remarks: T 3 -----
4—di eta
Not Approved:
Remarks:
Borough Assembly Approval:
Remarks:
CHRIS BERGS 110.
9
ANCHORAGE, ALASKA • P.O. BOX 719, 99501 • PHONE 272-3531 • POST ROAD
Kodiak Borough
Kodiak, Alaska
Subject: Building Permit
Gentlemen:
kociio _
ko0,4isia
Rtc,/ ogh
4P191 66
10/11.10
"`i-11218,11151)4f
April 12, 1966
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.
This request is based on the decision as reached by
the Kodiak Island Borough Planning and Zoning Commission
during their regular meeting on Eebruary 21, 1966.
Your early compliance will be appreciated.
Very truly yours,
CHRIS BERG, INC.
ADD/js A. D. Dewey,- 3r.
Office Manager
FAIRBANKS, ALASKA • P.O. BOX 709, 99701 • PHONE 01 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 — GJL
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,
Kodiak Nand Borough
KODIAK, ALASKA
RECEIVED
APR 1 4 1%6
AM
PM
718,9i1r11111211.1213141516
ASSEMBLY MEETING - April 7, 1966
4
VII E. Building Inspector's Request for Restraining Order on Cliffs 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 #93 -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 410 -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 4124 -A)
Resolution read. Mr. Lester moved for adoption. Seconded by Mrs Hajdu.
Carried by unanimous roll call vote.
A. Vacation and Replat of New Kodiak Sub Blks 2 (Case #95 -B) and Blk 4 (Case 4109 -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.
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.
410
IIIMPO
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 structure
which violates the listed ordinances of the Kodiak Island Borough.
1. Sec. 4, Item C-2, page 7
2. Sec. A, page 2, Application of Regulations
3. Sec. 17, Item A-3, page 36
JLS/sh
J. L. Stansbury
54 L7Z 4,e c;t_ tr
Sink, J. I. fsso+i XXy. balding
MILls Cam! 200 MAMMA
u the request of fit. itilten Mite lsr y L_ losolospeosed the
property and bsihdin.s knees ea the C vim Dors ipertoenoto sod find the f.lioe
violations to exist: -
1. 1pertmeets do nee t lot requirements as pisr.sibed in Mimosa 64--3
Section 4, Item C -2, pegs 7:
b. For ewe-family dwsl1i square foot per dwelling unit
c. For mu lhiple family dwelling with three or four dwelling ufutto,
2400 square feet per dwelling unit
The apartments as they exist do not meet the requirements for two - family
units --7300 *guava feet. The lots on which these units are built are 50'
x 100' or 5,000 square feet.
2. The units area in fact three dwellings each, or triple s. ho 2,act that he
first level is not occupied does not alter the classification. nper 20 DLO
with three dwellings are not allowed in R -2 soues.
3. The permit una issued i'or a two - dowelling unit. Preliminary plan which was
submitted did not include first level as it exists.
6. ord.i co 64--5, Secticn A, page 2, states "No building or land shall
hereafter be used or occupied and no building or part thereof shall be erected,
moved o:; altered topie..a in conformity with the regulations herein specified
for the district in with it is located.." This ssetion indicates that a
violation exists.
5. Ordinance 64-5, building Permits, Section 17, Item dr3, pMs 0, skates:
"No building --snit shall be issued by the 1silding Official unless it shall
appear from the. application and coincident application for certificate of
occupancy that the building for .Which permit is granted shall seeders► to all
of the applicable rsgu1atioss of this ordinance sad is to be occupied for a
use in eeef.raity with the provisions, thereof.. Amy paimai teemed in sowflict
with thin stliasnee shall be null sad void." fha stele, the pmt shish
woo issued Is no longer valid.
leases of the above 1isssd viol.atioas, 1 hrnrs Issued * stop' work order on
fo rtb.r copstruettes se of this date.
J. Li ltaasbury
11=4 23,, I,
Chris Bergx lac.
go* 206
Itodia1c Alaska
Attu C Mr. Air L Zauty,
Dear Sir;
'this is to- otilizaeledgc your tolaphona cal/ a tads date:
advising 1,4M: your principals tutend to proceed with com.true-
tion za4 flashing of bozenento spartmAnts in y.-4,41r tvo
buildings,
44- advised that vuj,y *etion that =ay be tirson la violation of
e4sting ordinance aud Amoombly actions' uill be considered
as aucbi
Upon proof of tr7 vttort6, es. datotoined throug4 Office of
aaldin Official, 'gill he eacceocat upoo thetoroueh
Ably through theloromAn Attotey to: tau *uy lagel ectica
may baAtcossary to latintnin the intogrity' of Soro7,TJA
Ordivanato.
For your Wormation, takres; t4Its P& Cittetgioa
advisory oaly, Vae Cativaszion acted without authority la
Srantina *timporary" peralt ler * period o throe yearo
vitheut approve/ of tharlorough Assembly.
to4: Zorcuab Chairmam
St:Atari=
Building Official
Asotoner,
City )1Sta5er
tneerely
Slates&
Cletkifres*aret
MEMORANDUM
Mareh 23„ 1966
TO; Mr. W. T. White, Borough Chairman
FROM; W. A. Sienese, Clerk/Treasurer
SUBJ: CHRIS BERG APARTMENTS
Po r the Record
At approximately 1065 A.H. this date, 1 received a telephone call from Mr.
Dewey of Chris Berg Inc.
Mt. Dewey stated. that the purpose of his call was to advise the Borough Clerk
that hie principal, Chris Borg Inc., we proceeding with their plans to
finish the basement apartments in their tv9 buildings.
,1
• f
W.A. Slencss
cc; Sanitarian
:tidig Official
Assessor
se File
. - -
KODIAK ISLAND BOROUGH ASSEMBLY MEETING
MARCH 3, 1966
I Call to Order
The meeting was called to order in the Magistrate's Court Room, Donnelley Building,
Kodiak, Alaska, by Deputy Presiding Officer, Eldon Lester.
II Roll Call
Present Absent
Wilton White, Borough Chairman Russell Wright
Eldon Lester, Deputy Presiding Officer Sven Haakansen
Mrs. Jo Hajdu
Fred Brechan
Also present: Borough Clerk, W. A. Sleness; Borough Attorney, Roy Madsen; and 20
people in the audience including Harry Carter, City /Borough Sanitarian;
Jim Stansbury, City /Borough Building Official; Sam Best; Rev. Bullock;
and George Vogt.
III Minutes of previous meeting, February 17, 1966, were read and approved without
comment by Presiding Officer.
IV Other Minutes
A. P &Z Commission minutes of February 21, 1966, were read.
B. P &Z Commission r:;r_utes of February 28, 1966, were read.
V Referrals from P &Z Commission
A. Memorandum from P &Z Commission Chairman, George Cornelius, was read. The memo
summarized Commission position on temporary permits for locating individual
trailers (mobile homes) in areas outside of approved courts. Chairman'White
noted that with a Sanitarian and Building Official now on the Staff, the
regulation of trailers by permits would be accomplished at Staff level.
VI A. Letter from University of Alaska was read describing Radiological Monitoring
course being offered, and suggesting advisability of having Mr. Harry Carter
attend. No action taken.
B. Letter from State Division of Lands re status of ACS school lands was read.
Information only. No action taken.
C. An opinion of the Borough Attorney was read concerning procedures for appeal
of Borough decisions on rezoning. A lengthy discussion and review of P &Z
actions in the cases of Chris Berg properties (and others) for rezoning and
exceptions followed.
Mrs. Hajdu moved (as amended with concurrence of second), to override (disapprove)
P &Z Commission approval for temporary zoning exception for three years on
Lots 105 and 106, Block 9, Erskine Addition. Seconded by Mr. Lester (reference
Item VIII -A, P &Z minutes of February 21, 1966).
Roll call vote on the motion:
Yes
Hajdu
Lester
No
Brechan
There then followed further general discussion on rezoning status of Chris Berg
and surrounding properties, It was determined that appeal on rezoning denial
would be heard before the Assembly after notice of publication and notice to
individual petitioners.
Old Business
A. Resolution 66 -8 -R, Port Lions Final Plat. After short discussion, Mr. Brechan
moved for approval, seconded by Mrs. Hajdu. Motion carried unanimous on roll
call vote.
B. Resolution 66 -9 -R, Kadiak Subdivision, Final Plat. A short discussion and
review of map followed. Mr. Brechan moved for approval, seconded by Mrs. Hajdu,
and motion carried unanimous on roll call vote.
PLANNING & ZONING MEETING - February 21, 1966
VII Zoning Items - Preliminary Review
2
A. Exception, Erskine Blk 9, Lots 105 and 106, Chris Berg and Perry Dedrick
(Case #1 -F)
Chairman reviewed case and read application letters. Comm. Anderson stated
that the lots do not have enough square footage for triplexes and that they
coma under the Grandfather's Clause as R2, not as R3. It was stated that
a lot size variance would be required for the buildings to be used as R3.
It was suggested that a temporary permit be issued for R3 use. Comm.
Anderson objected because others in the area might try to do the same
thing. Chairman suggested that this would not happen because approvals
must now be obtained from the Building Inspector and Sanitarian. After
further discussion, in which the critical housing shortage was noted, Comm.
Erwin made a motion that cs temporary permit fcr three years, subject to
renewal, be granted to allow the use of an apartment in each basement of
the present building. Seconded by Comm. Perez. Motion amended to replace
the word "permit" if a more suitable word is found. Motion carried on
roll call vote as follows:
YES
Comm. Best
Comm. Erwin
Comm. Juelson
Comm. Perez
NO
Comm. Anderson
Chairman asked what procedure will be followed for future building permits.
Secretary replied that a procedure is now being worked out by Jim Stansbury,
Building Inspector. Comm. Best suggested that "certificate of occupancy"
or "use permit" replace the word "permit" in the motion, as described
under Section 18 of Ordinance 64 -5. He also stated that the Ordinance
would not be jeopardized by this exception, since it is only temporary.
B. Variance, Leite Blk 7, Lot 5, R. Hendricks (Case #122 -A)
Chairman reviewed case. Comm. Best made a motion that a public hearing
on this case be scheduled for March 14. Seconded by Comm. Perez. Motion
carried by voice vote.
VIII Subdivisions - Preliminary Approvals
A. USS 2843, Blk 2, Lots 1, 2, 3, American Baptist Mission (Case #79 -B)
B. USS 1822, Blk 1, Lots 1, 2, American Baptist Mission (Case #120 -A)
These two cases were discussed at the same time. Chairman read recommendations
of the Borough Engineer, Jim Barr. It was pointed out to Mr. Stone,
representing the American Baptist Mission, that these lots could not be sold
without first having sewer and water installed on them, or a bond posted to
cover the cost of installation. Mr. Stone stated that in that case the
request would probably be withdrawn. Comm. Best made a motion for approval
of these preliminary plats subject to 1) Engineer's recommendations and
2) installation of utilities compatible with the lot sizes. Seconded by
Comm. Juelson. Motion passed unanimously by roll call vote. There was
further discussion on ordinance requirements.
IX Subdivisions - Final Approvals
None
X Old Business
A. Trailer Court Permit, Lot 3, USS 3099, Jack Brisbane (Case #99)
Chairman reviewed case. After discussion of requirements, Comm. Best made
a motion that this case be approved for public hearing on March 14, subject
to the approval of the sanitary facilities by the Sanitarian, the approval
of the Building Inspector, and a plat submitted by February 28 which
includes all requirements of the ordinance. Seconded by Comm. Anderson.
Comm. Best explained the requirements of the Trailer Park Ordinance. Motion
carried by voice vote.
Kodialc island Borough
KODIAK, ALASKA
RECEIVED
FEB 2 1 1966
PIN
7,819110111112111213141516
February ,72/ , 1966
Planning E7' Zoning Commission of the Kodiak Island Borugh
Kodiak, Alaska
Gentlemen:
Perry Dedrick, the owner of Lot 105, Block 9, of the
Erskine Subdivision, respectfully makes application for an
exception to Zoning Ordinance No. 64-5, as provided for in Section
20 of said ordinance, and requests permission for the undersigned
to use the above--described parcel as a triplex as an exception
in an R-2 zone.
The reasons justifying the granting of this exception
proposed are as follows:
1. Multiple housing usage of applicant's land and buildings
would not create any detrimental effect upon the health, safety
and welfare of other residents of the general community.
2. There is without doubt a critical shortage of housing,
a general public need for this type of housing and the public
would not be adversely affected should the application be approved.
The Borough Engineer has recommended that the area
in which the applicant's property is located is the most feasible
and the most desirable for multiple housing, with the least harm
to the residents who may be affected.
4. The applicant 'has met any and all present requirements
in the construction, operation and occupancy of their land and
buildings.
5. The applicants have a right to use their land to the
maximum so long as such use does not affect the general police
powers of the-community. adversely.
6. The granting of this exception is essential and
desirable to the public convenience and welfare and is in harmony
with the various elements and objectives of the comprehensive
Borough Plan.
62L.4%.22e,/ e
PERRY'DEDRICK
•
CHRIS BERG, Inc. e.,,,4.6),
OFFICE: 2730 WESTLAKE AVE. NO., SEATTLE 9, WASHINGTON
Kodiak Island Borough
KODIAK, ALASKA
RECEIVED
FEB 2 1 1966
AM PIS
71819110111112i11213141516
Office: Al. 7511
Residence GA 8620
Dock: GA 7300
/
Planning and Zonin, ; Commission of the Kodiak Island Borough
Kodiak
Alaska
Gentlemen:
Chris Berg, Inc., the owner of Lot 106, Block 9,
of the Erskine Subdivision, respectfully makes application for
an exception to Zoning Ordinance No. 64 -5, as provided in
Section 20 of said ordinance, and requests permission for the
undersigned to use the above - described parcel as a triplex as
an exception in an R -2 zone.
The reasons justifying the granting of this exception
proposed are as follows:
1. Multiple housing usage of applicant's land and
buildings would not create any detrimental effect upon the
health, safety and welfare of other residents of the general
community.
2. There is without doubt a critical shortage of
housing, a general public heed for this type of housing and the
public would, not be adversely affected should the application
be approved.
3. The Borough Engineer has recommended that the
area in which the applicant's property is located is the most
feasible and the most desirable for multiple housing, with
the least harm to the residents who may be affected.
4. The applicant has met any and all present require-
ments in the construction, operation and occupancy of their
land and buildings.
5. The applicants have a right to use their land to
the maximum so long as such use does not affect the general
police powers of the community adversely.
•
CHRIS BERG, tile. ea1,24
OFFICE: 2730 WESTLAKE AVE. NO., SEATTLE 9, WASHINGTON
Page Two, Chris Berg to P Z Commission
Office: Al. 7511
Residence GA 8620
Dock: GA 7300
6. The granting of this exception is essential
and desirable to the publicconvenience and welfare and is in
harmony with the various elements and objectives of the compre-
hensive Borough plan.
BY:
CHRIS BERG, INC.