ERSKINE ADD BK 8 LT 66 - Code Enforcement (2). KODIAK ISLAND 20:GUGH CASE h' )5
FING 6, ZONING REQUEST AFPLICATIOY DATE / cR 66
Final Disposition:
Remarks:
Application Fee Paid
---------
Type of Request:
Description of Lind:
tvddn:
Person Submitting Application: Tlin
Lot:
ThJ)
Survey if
Mailing Addreds
•
lock:
Covering letter submitted : Pict SubLitted:
Person or Represent tive to attend meting:
Present 4oning:
Proposed Zoning:
Reason for Request:
c)2
Approved:
Remarks:
Not Approved:
Rerrrks:
Borough Assembly Approvc1:
Remarks:
P,
4-0 s zcoto
7 s
TLS
3/12/68 Notified that third unit was in violation of Zoning Ordinance.
1/7/69 Merro from Bldg. Inspector requesting P&Z recommendation for legal action.
1/8/69 P&Z at January 8th meeting recommended that Borough Assembly start legal actior
against Dlr. Slater
1/16/69 Borough Assembly authorized Borough Attorney to start legal action.
,F■
JO:
5/1/69
STATUS OF CHRIS BERG CASE
:The lastt,time the court was in town, George Vogt filed a motion to have°the
case dismissed due to the apts being constructed before our zoning ordinance
was legal.
•
Roy then filed an affidavit and brief in opposition to this.
Since the judge was one who -had not participated in the case before, he said
he was not prepared to render any decision. He has taken the case under
advisement and we are waiting for him to render a decision. In the meantime,
the injunction against Chris Berg remains in effect.i
Roy will let us know when we receive a decision from the Judge.
Jo:
PENDING CASE #14 -B - -COMPLAINT AGAINST DON SLATER FOR USING
BUILDING CONSTRUCTED AS DUPLEX AS A TRIPLEX IN AN R-2 ZONE
ERSKINE SUBD BLK 8 LOT 66
Slater is still permitting a third unit in this building to be used. It's
in an R-2 zone.
The Assembly authorized legal action against him in January 69. Sam sent;
it to Dave Ruskin and Dave recommended that we not pursue it as a xi± violation
under the Zoning Ordinance, since the building was constructed before the
Zoning g Ordinance can legally be considered effective (12/3/66).
However, Jim Stansbury feels that it can still be pursued as a violation
of the Building Code, which was legally adopted in May 65, since Slater's
building permit was only for a duplex and was issued prior to the mixptimix Borough's
adoption of the building code (was issued 11/2/64), and City Building Code was in
effect at time of the construction.
• My commendation also is to pursue his one--Slater has-e
that he using h building as a trip see minutes of 4/18
If we don't ecute t ne, how can we prosecute any other violations
of our Code?
admitted
Sally
"If
VY°.)
et,
3,01' 09-k
ke"
WILLIAM W. RENFREW
DAVID D. RUSKIN .
LAW OFFICES OF
RENFREW & RUSKIN
LATHROP BUILDING TELEPHONE272 -8401
MAILING ADDRESS: P.O.Box 2073
ANCHORAGE, ALASKA 99501
February 24, 1969
Mr. Sam Best
Kodiak Island Borough
P. 0. Box- 1.246
Kodiak, Alaska 99615
Dear Mr. Best:
I have reviewed the file and discussed the case with .Roy
Madsen and as far as I can see you have -a real problem
in enforcing the ordinance against Slater. Three years
ago when I first looked into the problem I was convinced
that the Borough had not followed the. proper procedure in
passing the zoning ordinance. In short, I think that George
Vogt is right in his letter of April 4, 1968.
Roy Madsen and myself agreed that the only solution was to
re -enact the ordinance by codification, which was done in
December, 1966. Quite frankly, I do, not think that the
ordinance was enforceable before that date. If Mr. Slater's
building was commenced before December, 1966, I think there
is very little that can be done.
When I filed a complaint in the Chris Berg case I was also
aware of the problem but Chris Berg's attorney was not. I
can assure you that is the only reason we prevailed in that
case. In fact,, if Chris Berg's attorney becomes ,aware of
the problem you will :'probably lose that case too.
I know that this puts the Borough in an untenable position
but it would _not be advisable to pursue the matter. Continued
publicity may result in further claims of "Grandfather rights ".
Very truly yours,
RENFREW & RUSKIN
David B. Ruskin
DBR:bjh
TO
•
ROY
FROIv) --\ KODIAK ISLAND BOROUGH
P. O. BOX 1246
KODIAK, ALASKA. 99615
SUBJECT• Legal Action Against Don Slater (Case 14 -B)
FOLD 1
DATE: 1/22/69
As authorized by the Borough Asspmh1y at their mPPting January 16i-h, 1969,
• - . - ■ 0.e . • / . • .. 1 to l - — • . • II • ..mouen..r • -.
46/, 6-4,
Thank&
PLEASE REPLY TO SIGNED
N. Holt
DATE
SIGNED
RETURN THIS COPY TO SENDER
Midiak AsseMbly meeting - January 16th, 1969 Page 2
B. Recommendation from P&Z re Don Slater Building Permit (Case 14-B). The
recommendation was read stating that on March 12, 1968 a second notice had
been sent to Mr. Slater advising him of the violation of the zoning ordinance
in that he had permitted the third unit of the dwelling to be occupied from
time to time in an R-2 Zone. It was recommended by the P&Z Commission that
the Assembly authorize the Borough Attorney to start legal action against
Mr. Slater. Mrs. Springhill moved that the Attorney be authorized to start
legal action against Mr. Slater regarding his violation of the zoning ordi-
nance, seconded by Mrs. Hajdu. The question was called for and the motion
was passed by unanimous voice vote.
C. Recommendation from P&Z re Junkyard Crdinance., The Nemo was read statimg:
thed:ldne Commission recommended the drafting of a junkyard ordinance. MrS.
Hajdu felt that while we might need such an ordinance it needs to be designed
for the entire area and unless it can be written so it would apply for a
specific area it might be difficult to enforce. There are many ordinances
now that are unenforceable and this might be just one more. Mr, Best stated
that there are ways to limit area where junkyards would be permitted and it
would possibly be tied in with zoning. It was questioned if there is not
already a section in the zoning ordinance covering junkyards and although'
there is a section it does not spell out the areas nor the definition of
Junk and this proposed ordinance will do that. Mr. Barr stated that he had
talked with Mr. Stansbury on this proposed ordinance and Awes the intention
that within the villages and certain areas that the villages would be allowed
to administer the ordinance and that the Borough would not step in unleSs
a complaint was made by the Village Council to the Borough. It was noted
also that other things would be spelled out '..-! theminbnam distance from a
State Highway and that a screen should be placed in front. The assembly
members were asked to review the ordinance again and to submit written
recommendations at which time they will be reviewed and consolidated for
further consideration and discussion. This was tabled until further study
could be made.
D. Tentative Approval of Final Plat, Russian Creek Subdivision (Case 198-B).
These plats were just received and therefore were brought to the Assembly
for tentative approval subject to the approval of P&Z and the engineer.
It was felt that by bringing this out of order it would establish a
precedent. This was tabled until Planning & Zoning and the Engineer have
approved.
Tentative Approval of Final Plat, Bells Flats Subdivision (Case 196-A)
These plats have not been to P&Z and therefore this was also tabled until
such time as reviewed by the Commission and the Engineer.
E.
F. Time Extension request on Final Plat, Baptist Mission (Case 120-A) A letter
has been received from Mr. William W. Stone asking that a time extension
be granted beyond the deadline of January 19, 1969, since all requirement
have not yet been met. Mks. Springhill moved that the Baptist Mission be
given a time extension as requested on the final plat, seconded by Mrs. Hajdu.
The question was called for and the motion passed by unanimous voice vote.
The extension was granted to one year from this date, January 16th, 1970.
VIII OLD BUSINESS
Ao
Proposed Boundary Changes. A memo from Mr. Best to the Assembly members
was read in which it was stated that the Chairman's power to veto any motion or-order. was being exercised to veto the drafting of a resolution to
reduce the size of the Borough. Mr. Bullock asked that Mr, Best read the
section of the Attorney General's opinion that so stated and it was so done.
Title 7 was read "the Borough Chairman may veto any ordinance or resolution
of the assembly, but his veto may be overridden by two-thirds of all the,
votes to which the assembly is entitled on the question." Section 07.2.080
concerning the documentations necessary to initiate a hearing on this\matter
was read. It was further stated that the documents were not in line with the
Title and that if these were properly prepared they should be sent with a
1-ht z Ti-1 f -ret Aagnezi. Mr. Bullock stated that the botindary •
commission can waive those requirements for the documents. Mrs. Hajdu
stated that this Petition can be drafted by an individual and it is not
necessary for the Borough Assembly to do it. She further stated that before
the motion to override the Chairman's veto was made she would like to say
that the primarY reason for wanting the boundary changed was the excessive
cost of supporting the village 'schools and the study she had made during
the past week would indicate just the opposite. Mrs. Springhill stated that
Mr. Donald Slater.
P. 0.. Box `:651
Kodiak, Al
Dear Mr. Slater:
You are hereby notified that the Planning & 2oni.ng Commission
at their meeting on January 8th has reed that the Borough
Assembly authorize the Borough Attorney, to start legal action against
you. This action is due to your violation of the zoning o dinance.
This recommendation will be brought befor the Ass= .ly. at the
January 16th meeting. If you have an y f Lions please do
not hesitate to call this office.
January 9, 1969=
Encl.
orma L. Holt (Mrs.)
Secretary
KODIAK ISLAND BOROUGH
PLANNING & ZONING CC MISSION MEETING - JANUARY 8, 1969
I CALL TO ORDER
The meeting was called to coder at 7:35 P.M. by Chairman John Walser in the
Courtroom of the New State Office Building, Kodiak, Alaska.
II ROLL CALL
Present
John Waller, Chairman
Absent
John Welch (excused)
Mrs. Wilda Gellis
Harry Wallace
Ernie Brothers
Ed Haney
Also present: Sally Hendrix, Clerk/Preasurer; J. L. S
Mr. Britton and Mrs. Longmire.
. Building Insp.;
2II MINUTES OF PREVIOUS MEETING
A. Regular Meeting - November 27, 1968. Mr. Haney moved that the minutes
be approved as submitted, seconded by Mr. Wallace. Motion passed by
unanimous void vote.
IY NINW' S OF OTHER MEETINGS
A. Assembly - Regular Meeting -
B. Assembly - Regular Meeting -
C. Assembly - Regular Meeting -
D. Assembly - School Board Work
made.
V COMMUNICATIONS AND CORRESPONDENCE
tter from Jim Stansb , Buildin• ctor, re Don Slater -Bus • r'Per
e -tter was read stating that on N. - 2nd,, 196 , a I! .g permit
was issued to Mr. Slater, Lot 64 -65 Erskine Subdivision ,./Block Number 8.,...
for the construction of a duplex. In 1966 Mr. Slater rented a unit on the
ground level, making the building a three - family dwelling. Mr. Slater has
allowed the third unit to be occupied after being advised of the violations.
In order to protect the Code and Zoning Ordinance Mr. Stansbury requested
that the Planning and Zoning Commission recczn end to the Assembly that the
Borough. Attorney be authorized to start legal action to abate. It was noted
that the unit is now being rented and has been occupied and re- occupied sin
notification of violation: Mr. Wallace moved that a reeannendation be sub-
mitted to the Borough Assembly to authorize the Attorney to start legal
action against Mr. Slater, seconded by Mrs. Gellis. The motion was • - -sed
by unanimous roll call vote.
December 5, 1958 - No Comments were made.
December 19, 1968 - No Comments were made.
January 2, 1969 - No Comments were made.
Session - December 16, 1968 - No manta were
VI PUBLIC HEARINGS - NONE
VII ZONING ITFNS, PREL mINARY REVIEW
A. Variance request, East Addition, Block 44/ lots 9 & 10, Anderson (Case 209-e)
The request from Mr. Anderson was read stating that no major changes in the
structure or design were being made, simply a few modifications to make
the house a two - family dwelling. The letter further stated that there is
ample off -street parking to accommodate this plan. By granting a variance
the applicant would be able to better meet the high cost of taxes and be
able to continue residing in his home. The Borough Attorney's opinion was
read in which it was pointed out that a "use" variance under the American
Law of Zoning could be granted which permits the use of land other than which
is prescribed by the zoning regulations. However, in order for the Commission
to have the authority to grant a "use" variance it would be necessary that
the Borough's Code of Ordinances be amended to permit the granting of '
variances for other reasons than irregularly shaped lots or exceptional
physical conditions. During discussion it was pointed out that there are
many homes in this area with c an, - apartment in the basement. Mr. Brothers
moved that we .; take in Blocks 36, 44, 45, 40, 43, 46 & 47 to be rezoned
R-2, seconded by Mr. Haney. The question was called for and the motion
passed by unanimous roll call vote.
From Assembl to P & Z re Rezonin• East Addn Blks 36, 44, 45, 40, 4
6 & 47 from R -1 to R -2 (Case 209 -D) The memo was read reques
recommendations of the Commission on this matter. The motion was passed
under Item A that these Blocks be rezoned to R -2 and the following reasons
were given: This would seem to be in the best interest of the oammunity;
under the Comprehensive Plan this area is designated for Medium Density.
The Commission directed that a memo stating the recommendations be submitted
KODAK ISLAND BOROUGH
. January 7„1969
Planning & Zoning Commission
J. L. Stansbury, Building Inspector
Zoning & Building Code Violation
On November the 2nd, 1964, a building permit was issued to
Mr. Donald Slater, Lot 64-65 Erbkine Subdivision. This permis was
issued for the construction of a duplex. In 1966 Mt. Slater rented
a unit on the ground level, making the building a three family
dwelling. Mr. Slater has allowed the third unit to be occupied after
being advised of the violations. As you are well aware this is an
R-2 Zone.
To protect the Code and Zoning Ordinance, I therefore ask that
the Planning and Zoning Commission recommend that the Kodiak Island Borough
authorize the Borough Attorney to start legal action to abate.
Yours very truly,
JLS/nlh
odiak.; .la
odiak{ Island .Borough
fanning and Zoning Commission;
1P.O Box 1246
!Kodiak, Alaska r-
Gentlemen
9
{' In, to ° your request for an 'opinion as ` to whether
dots which were subdivided before the 'zoning, ordinance was adopt
!could be used to construct dwellings" permitted by, the zoning, w t.
out obtaining a . variance, even if the lots are too small to meet;
the ordinance requirements please 'be advised aslI: follows;
r; ,}
One of the recognized, authorities the law, of zon5
-d planning is a text ' brVArden , H• yR.atiikopf , known as Rathko
p`
?on,i .g and'. Planning.
Iii a paragraph. entitled. ',`Lots ,Substandard in - Area 'ilc
rontage" ' the author' refers to the case' of Long Island L,ard Re
.. Yeung for the following statement .of law;
en 'a municipal `legislative ::body' d .vicies ,a.-
village , into districts and , prescribes the minim -am
land dimensions for . particular, .uses in such district' _ ..
3 t does ' so, with at least, constructive _notice of
existence therein of every' substandard parcel 'held: w,
in single, separate ownership. It is under en e-oe,
dut to make ade irate, provisions ;for.`Asuch'': arcels:
y. q provisions' ax .,
While it can limit their use : it cannot 're zdr-
useless . ��
Lie further .states that in recognition `of `the ,doubt€ 4 ;Ah t A
the restriction as . applied= to substandard lots ex is k
ac. tae. time of passage of the ordinance, most ..ordinances pec _ca
�xempt''lots'' having less than the required frontage on the ,effect±'
C ate of the ordinance. A similar exemption_ of a minimum •fro= tame ' 4;
equrenent. is often provided in favor. of lots that are at lei= c-.,i:
a specified, '•: although substandard, width. `.Where: the later `pre is: c
!is, meet, that-:is, 'where a lot, while not' having a, frontage egival.�
!`to that set forth in the ordinance as' genera 'fly ='requ red,''frcn.t -
''e the?ess is at least' equal to the lesser.. frontage, contained,
e exception, there is a legal right to a permit under z he • to s'
the; ordinance. Where the'
area of 'frontage �.s, not even equal
t-e lesser area or frontage provided forv'in . the . exception
owl-lei-1's recourse is to apply for an area -variance; and 3. e . .
card ,f appeals, on such an application may determine that the
4a:s .too` small or to irregular in shape to be used for the. ' "purse !`
prescribed by the ordinance and that the public interest requires,
at such use be forbidden, such determination vrauid result
nfisca Lion' of the property under the ' rule aid doWn ande cep
the foregoing note.
e = :C3ne, , OPINI,O
Fa
s ; : another, case. under , an `oa rar
squ e + eet for the' aonstr�tcti.�an
$uhsanaard },:t�,t , a#
ice brought an• adjoining prce" so Ftki
the two scat , V is' grea L in excess
en sod d the oxigna. 2t s at,tl
tcc uax'ed; lot ?had,' ;ari area ,and frontag
:d , the F Court,° held that , s;nct :Tie
z'
<Page
gip, OPINION
MEMORANDUM
TO: Borough Assembly
FROM: Building Inspector
SUBJ: ZONING VIOLATION
April 18, 1968
40f-C
A
The building permit issued to Mr. Don Slater on Its 64 and 65, Block 8,
Erskine Subdivision, was for a duplex dwelling. This building is being
utilized as a three-family dwelling.
Because of the continued violation of our Zoning Ordinance and the fact
that Mr. Slater has been advised of this on several occasions, and because
of his complete disregard of this advice and his lack of cooperation, I
hereby request the Borough Assembly to direct the Borough Attorney to
immediately take legal action to abate this use.
Please find enclosed copies of correspondence and statements by Mt. Slater
in public meetings to substantiate this violation.
J. L. Stansbury
Building Inspector
JLS/sh
GEORGE VOGT
ATTORNEY AT LAW
MARINE WAY . t 0. BOX 2547
• I101)1A11-, ALASKA. 99615
Thl.rrIcoN r. 41'16.2333
dl 4, 1968
Kodiak Island Borough
Planning and Zoning Committee
Kodiak, Alaska
Gentlemen:
The present hearing of the Kodiak Island Borough, Planning and
Zoning Committee, is based upon the zoning ordinance which is
now in existance and the nnderlying assumption that the prior
zoning ordinance which was in effect nutil the 3rd day, of Decem-,
ber, 1966. Thc theory of the protest, is based upon "(he assumption
that the area in question, where Mr. Slater's building is located,
was zoned R-2 at the time that the basement apartment was built.
The aP6YtMent'in question was built prior to thedate-of the
present zoning ordinance. The effective date of that ordinance
was the 3rd day of December, 1966. The zoning ordinance, which
existed prior to that date, was invalid by reason of the fact
that no proper notice of public hearing was given. The requisite
for the notice of public hearing is. set out in Alaska Statutue
07.20.100. You will find attached a photostatic copy of the
notice of public hearing, stating that said hearing will be held
on the 7th day of August, 1964. You will also find attached the
Borough minutes for August 6, 1964. Please note that the public
hearing was actually held on August 6. Therefore, obviously no
proper notice of public hearing was ever published.
In addition, you will note that the ordinance was amended at
that time. The statute requires that•a subsequent notice of public
hearing and hearing be had to pass an amended ordinance. This was
not done.
Therefore, if we assume that the ordinance was invalid and that in
fact the Kodiak Island Borough did not have a valid zoning ordinance
until the 3rd day of December, 1966, then we must further assume
that Mr. Slater has grandfather rights of his apartment and that
the Kodiak Island Borough could not pass a valid ordinance which
would affect said rights.
In addition, you will note that two of the parties who have signed
the petition protesting against the rezoning of the-area in question,
are members of the Kodiak Island Borough, Planning and Zoning
conunittee. It would seem that Mr. Slater is entitled to a
hearing before an impartial tribunal. Unfortunately, on behalf
of Mr. Slater, I must assert that the only proper course of action
is for the two members ot the Planning and Zoning Committee, Who
signed the petition protesting against the rezoning, should
withdraw from further consideration of this matter.
Sincere[y yours.(---
/
/
//,,
GEORGE VOGT
Attorney for Mr. Slater
Enclosures
GV:KV
9
ASSEMLY. PELTING - Apr#,41968
4
G. Lettazsfrom Tryck, 1.yman and Hayes re eetinc3 on Land Use 8e of
Ccmprehensive Plan. Letter was read stating that they would like to meet
with the Assembly and P&Z any time after April 10. They will be asked to _
attend the April 24 meeting. The Comprehensive Planning Committee will be
asked to attend also.
VI PUBLIC BEARINGS
A. Ordinance 68-4-0 Amending Lands Disposal Ordinance to Permit Borough to Convey
Land to Other hUnicipalities in the 'Borough. The ordinance was read. Hr.
Bullock moved for its adoption, seconded by Er. Barr. The meeting was recessed
and public hearing opened. There were no comments and the meeting was closed
and meeting reconvened. Motion carried by unanimous roll call vote.
Mr. Best stated that a resolution would be needed to convey the lots in the
original Port Lions Subdivision to Port Lions. Mk. Bullock moved, seconded bY
Mr. Barr, that a resolution be drawn up for submission back to the Borough
in regard to conveyance of certain lands in Port Lions. Motion carried by
unanimous roll call vote.
VII PLANNING & ZONING IS
A. Recommendation from P&Z re Rezoning of Erskine Addition Blk 8 Lots 59-62, 65-67,
Blk 7 Lots 46-52 and 56-58; ilk 9 Lots 103-114. The recommendation from P&Z:
that the lots not be rezoned was read. A letter appealing the decision of P&Z
from Mr. Slater was read, as well as a letter from his attorney, Mr. Vogt, .
charging that the original Borough Zoning Ordinance was invalid and therefore
Mt. Slater has grandfather rights for his building. Also, they feel that two
of the P&Z members should not have a vote in this matter since they signed a"
petition protesting the rezoning. A reply to this charge from Hr. Wallace
and Mr. Welch was read. Mr. Madsen stated that it was now up to the Assembly
whether or not to accept the recommendation of P&Z. Mrs. Hajdu questioned
how the two P&Z members with personal interest in the case could ethically
vote on the matter. Mr. Barr stated that he always abstains from voting on
any plats in which he has an interest. It was pointed out that the interest
of the Commissioners is not a financial one. Since the vote was 4 to 2, it '
would have been tied without their votes. A count was taken of those who
protested the rezoning, and it was determined that a unanimous vote of the
Assembly would be required in order to pass the rezoning. Mr. Madsen pointed
out that the petition for rezoning has a deficiency sine Lot 115 of Block 9
was eliminated, which leaves an R-2 lot between the present business area and
the proposed R-3 area. It was decided that this lot should also be included
in this rezoning. Mrs. Springhill pointed out that the area was zoned R-2
when the Welches built their home, and that if the zoning were changed now,
it ‘:.culc,, LL.,:discriminatory against them. Mr. Welch stated that he will appeal
the rezoning in court if it is approved. After further discussion, Mt. Barr
moved, seconded by Mr. Arndt, that an ordinance be drawn and a public hearing
held for rezoning Lots 103-115 of Block 9, Lots 46-52 and 56-58 of Block 7,
and Lots 59-67 of Block 8, Erskine Subdivision. It was pointed out that Lots
63 and 64 of Block 8 are non-existent. It was felt that requesting an
ordinance for the rezoning would be going against P&Z. However, it was
pointed out that the Assembly had to either accept their recommendation or
deny it, and that the matter could not be tabled, according to the ordinance.
Since it was felt that more thought should be given to the matter, it was
agreed to request an ordinance. 14t. Bullock requested that copies of the
original building permits concerned be made available. It was requested that
the Attorney study the case and make sure that all action taken was proper. .
Mr. Madsen pointed out that a letter had been received from Chris Berg, Inc.
stating that they had asked the tenants of their third unit to move out, but
that the unit was still occupied. Mk. Welch stated that he had brought the
matter of the Chris Berg apartments to the attention of P&Z when they w
Ebe ing built, but that nothing was done about them. Mr. Slater stated that
he had received a building permit for an R-2 dwelling7ard-had-ingt&iied7d
full bathroom in the basement and rented the third unit to a school teacher
because of the lack of housing. The teacher is now there rent free. Mrs
Hajdu pointed out that if the original Zoning Ordinance really was invalid,
part of the triplexes have grandfather's rights and yet no one else can build
them now. It was pointed out that the building permits issued were for R-2
dwellings. Mt. Madsen stated that the written protests now on record would
stand unless they were withdrawn. Jr. Welch asked if the rezoning is passed,
can triplexes be built on lots which do not meet the size requirements. The
attorney is preparing an opinion on this matter. Motion carried by unanimous
roll call vote.
KODIAK ISLAND BOROUGH
'PIING & ZONING.COMISSION Mardh 27, 1968
I CALL TO ORDER
The meeting was called to ordeiat 7:35 pm. by Chairman, Waller in the Magistrate's
Courtroom, Donnelley Building, Kodiak, Alaska.
II ROLL CALL
Present Absent
John Wailer, Chairman Norie
Ernie Brothers
Ed. Haney (late arrival)
Nts. Edith Longmire
Harry Wallace
John Welch
Alsopresent: JimEW.ansbary, Building Inspector; dmd approximately
15 people in the audience
III EINUPES OF PREVIOUSIMUMG - 3/13/68
Mr. Welch moved„ seconded by Mr. Brothers, that the minutes be accepted as written.
?lotion carried by unanimous voice vote.
IV CRIER laNITEES
AL. Assembly - 3/21/68
a. Ordinance Committee - 3/26/68
There were no moments.
V CORRESPONDENCE PEOPLE TO BE HERD
A. Letter from Dale Tubbs re Na Stodkyile of J9greqate in Bells Flats. Letter
was read stating that It hadbeen re�unendd to the Navy that •they apply for
a Special Land Use Permit to use the area for temporary stockpiling purposes
and that they plan to clear the area and release it within this calepaar year.
The question was raised as to whether a public hearing would be regulated on
this request. Action was tabled pending receipt of further information.
• Letter from Ivor Schott re Chiniak School Site The letter was read requesting
a review of this site designation with the Commission. Mr. Waller said that
he would discuss this matter with Mr. Schott.
VI PUBLIC HEARINGS
A. Request for Rezoning from R2 to R3 - Erskine Blk 8 -Lots 59-62, 65-67; Bak 7 :.7.
Lots 46-52 and 56-58; Bik 9 Lots 103-114 - Prwerty:Owners (Case 1-L).
Brothers moved, seconded by Mr. Viallace, that it be recommended to the Assembly
that the rezoning be approved. The meeting was recessed and public hearing
opened. The petition received against the rezoning was read. A letter from
the Saupes requesting that their name be removed from the petition,-in favor of
the rezoning, that the assessments in the area be lowered,,AiNtiittfurther
attempts to rezone the area be stopped, and that the petition was misrepresented
to them by Mr. Clow, representing Chris Berg, Inc., was read.
The following individuals in the audience then spoke in favor of the rezoning::'
Anita Mann for herself and Mks. Kraft; Et. Slater; Clint Crow for Chris Berg, Inc;
and Mr. Tusvik. The following people spoke against the rezoning: Mr. Sargent;
Mts. Welch; &s. Save. The following reasons were given in favor of the '
rezoning: Apartments are needed in Kodiak and progress is going to come and 1;
will cause change in all areas. This is a logical place for apartments because
it is within walking distance of the City. Mime reasonable apartment rents are
also needed, and it was felt that construction of fourplexes would cut costs ;
by 10 to 15 percent. Taxes in the area are high, but rentals from apartment
units would help people meet the, taxes. The lots are too small to allow large
multiple unit dwellings, and no high rises would be allowed because the Zonincf_
Ordinance restricts the height to three stories or 35 feet. Mr. Slater felt
that he was being discriminated against in being requested to cease use crELIV
third-unirreadausertitaz families in R-1 and R-2 zones are boarding students in
their. homes. Boarding houses are allowed only in R-3 zones. Even if the area
were rezoned to R-3, the Chris Berg apartments would still require a variance,
because their lots are too small to permit R-3 dwellings.
; •
PLANNING-e ZONING COMISSION—Match 27;1968 2
Reasons given against the rezoning were as folicws: The people in the area
bought their property as R-2 and planned its' use that way and geel it, is unfair
to them to change the zoning now. Some people have delayed building on their'
lots in the area because of the uncertainty of the zoning. They will not Wild
there if the zoning changes. Same people would have Wilt Re3 dwellings if
they had known th e. zoning would change. It was felt that the taxes will be Oen
higher if the zoning is changed to R-3.
During further discussion, 1r. Crow asked Mrs. Welch if the Welches had planned
originally to construct an R-3 dwelling. Mts. Welch said they had considered:
it but then found that the zoning was R-2. Mr. Crow asked Fts. Saupe how he
and Mr. Slater had mis-represented the petition to them. He said that he and,
Eire Slater called on the Saupes and showed than the map of the proposed rezoeing
„:.60Aeel:eined ea reasons for it to them. Mts. Saupe asked how the rezoning
'would affect the tax structure of the area. The Assessor's comments from the
previous meeting were read--that the taxes on the land might go up slightly if
there was a greater demand for it after the rezoning. ivte Sargent asked Mr
Stansbury ifimare parking space would be required for R-3 dwellings. Mt. .
Stansbury replied that more would be required--one parking space for each
dWelling unit.
There was considerable discussion concerning the fact that the Rr2 zoning came
into effect after the lots had been subdivided. The question was raised as to
whether the lots, which do not meet the square footage required for R-2 and R4.3
dwellings, can be used for this construction without vaxiances being granted;
It was thought that the lots could be used for R-2 dwellings without variances
being granted if the setback requirements were met, because of the fact that the
lots were subdivided before they were zoned. However, if the lots were rezon0d
to R-3, if was thought that they would require variances, since 2400 square feet
are required per dwelling unit for R-3 dwellings. The Commission ,requested that
this be clarified by the Attorney in writing.
After further discussion, the public hearing was closed and meeting reconvened.
Mt. Welch stated that there were two pieces of property in the area which had
been in violation of the ordinance for two years. He said that the area has
well-established hones and that it would not be doing them justice to rezone
the area. Same people thought that he shouldn't take a stand because of his
involvement in tie:area, tedeheintended to anywey.
Mr. Haney felt that there were not enough objections to the rezoning to warrant
disapproving it. He said that out of 58 notices which were sent, only 18
objections were received, which leaves 40gaznilies who do not care. Mr. Wallace
said it shouldn't be assumed that they do not care. Perhaps they are out of .
town. He thought that the only way in which people would be affected by the
rezoning would be by the height of the new buildings, in that they might block
their views, and that buildings were limited in height to 3 stories or 35 feet
anyway.
Mts. Longmire felt that people would be affected by more than the height of new
buildings if the area were rezoned. She also felt that people should check on
the zoning of an area before they buy property there, and if it is not zoned to
their liking, then they should look for property in another area
Mr. Brothers felt that the rezoning would help the people already in the area,
since they could change their dwellings to R-3 if they wished, if they could
provide the necessary parking and meet the other requirements.
The question was called for, and the roll was called with each Commissioner
voting as follows, with his reasons for so voting:
Mre Brothers - Yes. Rezoning would enable those already living in the area,
as well as others, to construct multiple unit dwellings.
Mr. Haney - Yes. Rezoning would help to develop the land faster, and there
are pelplee:r fever of the rezoning, and not enough people against it, ,
to warrant the change.
Mrs. Longmire - No. Mrs. Longmire at first wished to abstain, due to her
personal interest in the area. However, Mr. Waller felt that all Cammissioners
should be willing to commit themselves, and Mfrs, Longmire voted no. She stated
that after talking to the people in the area, she felt that they are definitely
against the rezoning and that their feelings should be respected.
PLANNING & ZONING COMMISSION - March 27, 1968
Mr. Wallace - No. He feels that'he is on the Commission to represent the
people and he thinks that the people do not want the area rezoned. He thinks
that the reason the lots have not sold is that tpb prices tripled overnight.
He does not think thet the area should be rezoned t Ne3 because it woulOkeep
the assesE'lents and.texee:high.
Ir. Welch - No. Mr. Welch felt that the area should be left R-2 since this is
the desire of the property owners. Their desires should be considered since
they are old-timers.
Mr. Waller - No. He felt that the majority of the property owners are agains
the rezoning.
The motion failed and it will be recommended to the Assembly that the area not
be rezoned.
• r
B. Request for Vacation and Replat of Townsite Bak 3 Lots 10 and 11 Brechan and
Bean (Case 60-C). Nt. Haney moved, seconded by Mr. Welch, that the vacation
and replat be approved. The meeting was recessed and the public hearing
opened. The petition for vacation and replat was read. . The approvals of the
Borough Engineer and KEA were read. There were no other camments. The hearing
was closed and meeting reconvened. Motion carried by unanimous roll call vote.
VII ZONING ITEM - PRUJIMINARY REVIEW - None
VIII SUBDIVISIONS, PRELIDUMUTI None
IX SUBDIVISIONS, FINAL - None
X OLD BUSINESS
A. Recommendation from Assembly re Public Hearing for Exception for Gravel Sites
in Bells Flats. The recommendation was read requesting that this public
hearing be held under Section 11-A, of the Zoning Ordinance. This request was
based on the Borough Attorney's advice that a hearing would be necessary.
It was reported that the Borough Chairman had called from the State Division
of Lands and asked that the hearing be held on the Kodiak Land Co. site only.
Mr. 'Wallace neved, seconded by Mr. Haney, that the hearing be scheduled for
the next meeting. 'Motion carried by unanimous voice vote.
B. Recommendations from Btilding inspector and Sanitarian re Request fram Kodiak
Disposal Co. to IneLnerate Garbage. The recommendations were read -stating
that the proposed incinerator eould not meet the necessary requirements. After
some discuesion, it was agreed that Mt. Stover should discuss this matter wi
the Sanitarian and Building Inspector.
C. Recommendation frcm Assembly re Public Hearing for Exception for Sanitary Fill
Site, The Assembly minutes of March 21 were reviewed, including their
recommendation that the hearing be held by P&Z based upon advice from the
•
attorney. Mt. Haney moved, seconded by Mt. Wallace, that the hearing be held
at the next meeting. Mbtion carried by unanimous voice vote.
PLANNING & STAFF IT,UB
A. Memo from Secretary re USS 3219 Rezoning. name Ky.7.7ead stating that the area
was found to be zoned Unclassified on the original:toning map, and that an error
had been made in preparing the larger zoning map by showing this property as being
zoned Conservation. The map will be corrected.
XII AUDIENCE COMMENTS
•
A •
A. Mr. Taylor of Bells Flats. Nt. Taylor had a question concerning the ordinance
creating the Commission and the Procedures adopted by the Cammission. He was
referred to the Borough Attorney.
Mr. Taylor asked the Building Inspector why a building had been moved from
Bells Flats without a permit. The Inspector was unaware of this situation.
Mr. Taylor stated that they were presenting a petition to JUneau to disband the
Borough and the Planning and Zoning Commission.
Mt. Taylor also asked that it be trade a part of the record that there is no
property awned in Bells Flats, and that if there is any property owned there,
it is owned by the Borough.
KODIAK ISLAND BOROUGH
PLANNING & ZONING COMISSION - March 13, 1968
I CALL TO ORDER
The meeting was called to order at 7:30 p.m. in the Pagistrate's Courtroom,
Donnelley Building, Kodiak, Alaska, by Chairman John Waller.
II ROLL CALL
Present Absent
John Chairman None
Ernie Brothers
Ed Haney'
nrs. Edith Iengmire
Harry Wallace
John Welch
Also present: Sam Best, Eorough Chairman; Jim Stansbury, Building
Inspector; and 3 people in the audience.
III MINUTES OF PREVIOUS HEETING - 2/21/68
Mr. Haney moved, seconded by hr. Welch, that the minutes be approved as written.
Motion carried by unanimous voice vote.
IV OTHEMPINUTES
A. Assembly
1. Special - 2/29/68
2. Regular - 3/7/68
There were no comments.
V CORRESPONDENCE - PEOPLE TO BE HEARD
A. Letter from:1qt. Chapman re Economic Base and Population. Study. Letter was read
stating that this study hdd been completed. Copies are available in the
Borough Office for review.
B. Letter from Mt. Stansbury re Slater Apartments. Letter to Mt. Slater was read
ordinance.
requesting him to discOntinue use of the third apartment to comply with the
stating that his 3-unit building is in violation of the zoning ordinance and
C. Letter from Marie Chandler re Fire Protection in Trailer Courts. Letter was
read by the members of the Commission individually. It was pointed out that
fire protection for the trailer courts woad be included in the trailer park
ordiconce revision.
D. Letter from Theodore Smith of Parks and Recreation re Info on Recreation Lana
Development. Letter was read stating that this information is available.
Copies have been ordered for the commissioners.
VI PUBLIC HEARINGS - None
VII ZONING IIEMS P 1NARY REVIEW
A. Request for Rezoning from E2 to R3 - Erskine Blk 8 Lots 59-62, 65-67; Blk 7
Lots 46-52 and 56-58 Blk 9 Lots 103-114 - Property Owners (Case 1-L). The
petition was read. After discussion, hr. Haney moved, seconded by Nr.Wallace,
that a public hearing be held on the rezoning at the next meeting. Motion
carried by unanimous roll call vote.
D. Request from Kodiak Disposal Co. to Incinerate Garbage. Letter was read outlining__
the requested proposal. ir. Best explained. that this is a land use which is :
not covered in the Kodiak Disposal Co.'s lease, and that an exception would
have to be granted for it. The map was studied. ht. Haney asked how much of
a fire hazard would be involved. It was thought there would be none at all
with the proposed arrangement. Pir. Haney moved, seconded by Mr. Wallace, to
table action on .this request until Mr. Stover arrived. notion carried by
unanimms voice vote.
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RECIPT
Deceived the numbered article described below.
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POD Om 3800 NO INSURANCE COVERAGE + :PROVIDEDtiC:(See other side)
Mar. :1986 „� is r ;NOT FOR-INTERNATIONAL MAIL' "� "°
March-12, 1968
Mr. Donald Slater
Box 651.
Kodiak, ' Alaska
'Dear . Mr. Slater:
You are herby notified that the use of your. third . unit is in
violation of the zoning ordinance.
This is the second notice on this continuing violation. If
said violation continues after April. 13, 1968, 'a ' legal action
be instigated to bring compliance.
T respectfully request your cooperbti on to avoid such action
Yours very :truly, ...
KODIAK ISLAND BOROu H
January 9, 1968
TO: ASSEMBLY
FROM: P &Z
SUBJECT:.] Don Slater Building Permit
At their January 8th meeting the Commission approved the
recommendation of the Building Inspector that the Assembly authorize
the Borough Attorney to start legal action against Mr. Donald Slater,
Lot , Erskine Subd., Block 8, due to violations of the zoning
ordinance. On March 12, 1968 a second notice of violation was
submitted to Mr. Slater and the thitd rental unit is still being
used.at this date.
41111, P&Z COMMISSION MEETING = ecember 7,-1966
•
2
VII C. Zoning of New Subdivisions.Coming Up for Sale
1. First Addition to, Miller Point: Subdivision (Case 142-A)
2. Second. Addition to Miller Point Subdivision (Ocean Lots) (Case 141-A)
3. USS 3512 (First Addition to.iadiak.Subdivision) (Case 140-A>,
The Commission felt that both subdivisions in the Miller Point area were
intended for residential purposes and should be zoned R-2. Mr. Best
suggested that at least the First Addition be zoned Unclassified, so
so that.a wider usage would be permitted, but could still be controlled.
There was considerable discussion on this, and it was finally agreed that
the lots in Addition No. 2 on the waterfront should remain strictly
residential, while the lots in Addition No. 1 and those in the original
Miller Point Subdivision could be zoned Unclassified for the present
time.
There then followed a discussion on whether USS 3512 should be zoned
partly Industrial and part R3; or all one or thelother.- It was pointed
out that industrial sites had been planned for this area, since the
land required draining and filling. However, it was finally decided
that R-3 zoning would probably cause the property to be developed more
quickly,
Mr. Waller moved that a recommendation be made to the Assembly that
the original Miller Point Subdivision, and the First Addition to the
Miller Point Subdivision, all now zoned Conservation, be rezoned to
Unclassified. Seconded by Mr. Williams and carried by unanimous voice,
vote.
Mr. Welsh moved that the Second Addition to the Miller Point Subdivision,
now zoned Unclassified, be rezoned to R-2. Seconded by'Mr. Williams and
carried by unanimous voice vote.
Mr. Williams moved that USS 3512, now zoned Conservation and Industrial,
be rezoned to R-3. Seconded by Mr. Waller and carried by unanimous
voice vote.
VIII SUBDIVISIONS - PRELIMINARY APPROVALS - None
IX SUBDIVISIONS - FINAL APPROVALS - None
XII AUDIENCE COMMENTS
A. Road Program. Mr. Best stated that he felt there is an urgent need for a road
program to be established. He felt that the housing shortage is not being
solved by the planned land sales, since there is no access to the lots.
Various ways to get roads in were discussed. The Commission agreed that the
Borough should make every effort to set up a road program.
•
B. Don Slater Apartments. The Building Inspector reported that he had found
Don Slater in violation of the Zoning Ordinance by having R-3 apartments,in an
R-2 zone. Mr. Stansbury,read a letter which he was mailing to Mr. Slater tt#
next day, notifying him. that legal action would be taken-against him if the
situation were not corrected.
XI PLANNING AND STAFF ITEMS
A. Rezoning Recommendations. A discussion was held as to the next step which
should be taken on the recommendations for rezoning which had been sent to
the Assembly. It was decided that the Commission should hold its own public'
hearing on the Tagura Road area rezoning, in order to determine the feelings
of the public. Mr. Williams moved that the Zoning Commission hold a public
hearing on the proposed Tagura Road area rezoning at the first regular meeting
after the Holidays. Seconded by Mr. Waller and carried by unanimous voice vote.
XIII ADJOURNMENT - The meeting adjourned at 10:40 p.m.
APPROVED:
Respectfully submitted,
Arnold Hrn-sen, Chairman .Sally Hendrix, Secretary
P. 0.-Box 1367
4
Island Publishing Co.
Publishers of THE KODIAK MIRROR
Printers - - Publishers - - Stationers
Kodiak, Alaska
In account with
Kodiak Island Borough
Charles A. Powell, Chairman
Box 1246, Kodiak, Alaska
Accounts payable on or before the 15th
Ph. 4, 891
LEGAL NOTICE: NOTICE OF PUBLIC HEARING ON
ORDINANCE
33 lines published April 23 ec 30th. 1965
200 per line first publication
150 par line second publication
Alaska •usiness license no. 65-06408
55
..f",••L
;. •
• ,
;'-; • -
" •
. •
Malmo STATES OF AMERICA,
,e , •
State of Alaska
•
, .
PUBLISHERS AFFIDAVIT
SS:
!:=F1-44lietild&:OF.-!,klqfttle
HEMLNG "OST
All tizcns and :votera,;, of the
4-ndicial District; State of
110I.:qth-.-_,.#ay.::(4;*:...**,.;490, At.
-,7i30 -'o'clock, p.m. in the :court
Tenni of the Distriet.-Magistrate,--„,
• Doiiffelleyr _Building„ .1c.od i a k
Public hearing Will be
held otif,:a proposed ordinance of
the -.Kodiak Island Borough
dOliting the National 'Electrical
• Code,,,A62.;; N,s0onni pioi:4,1:191g
Co .tirr3 tinifortn,BnildingitOde,:o
i4'',19,04 edition; and. -z providing ,pen7
alties for vioIation..e. the 4arne".
All persons ntereted shall:
have an opportunity.to,..,,he';heard
_after • the hearing the.,
'ASsembly censider
the ordinance and may, adopt - it-
with Wit )Ut ts1;er,;:,
ej_et it.
; • ..'..•;`*%,
—•fc—tif
ordu
rs.
MAY 4 1965
KODIAK ISLAND
BOROUGH
and say: I am editor and publish of the
MIRROR, a weekly newspaper pub 'hecl at Ku--
diak, Third Judicial Division, State of
16'
and that the annexed printed notice was published
in said newspaper once each and ever: wekfor
2 successive and cormeutive wekz in
issue of the following dates•
April 23 4 3oth. 196c
•
SUBSCRIBED and WORN to Wore me
,,..2.),.
.day of
...
NOTARY FiLIC
Alaska.
in and for th
My Commission expires •
INSTRUCTIONS TO DELIVERING EMPLOYEE
Show to whom and Show to whom, when, and (— Deliver ONLY
when delivered C address where delivered I to addressee
(Additional charges required for these services)
RECEIPT
Received The numbered article described below.
REGISTEJED NO, SIGNATURE OR NAME OF ADDRESSEE (Must always befitted in)
CERTIFIED NO
38.35 -)
INSURED NO.
SIG TURE OF ADDRESSEE'S AGE , IF ANY
DATE DELIVERED SHOW W
DEG An966•
E DELIVERED (outy
055 -16- 71648 -8 GPO
,.; >. RECEIPT FOR CERTIFIED MAIL- --20¢.
SENT TO
•
POSTMARK
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STREET AND NO. =° •'= - '-� -
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7f -you want ;-
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to.addressea,
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❑ehows.« 35�E 10�� shows to whom,
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and when where delivered "
delivered I i D" '
FEES ADDITIONAL TO 20e FEE.,..
-• • • -
'50¢ fee ' '
. .
'POD Eorm.3800__.NO INSURANCE COVERAGE PROVIDED —
July 1963 NOT FOR INTERNATIONAL MAIL
See other side) ,-
• Mr. Donald Slater-
Box 651
Kodiak, Alaska
Dear Mr. Slater:
On November 2, 1964, a building permit was issued for the
construction of a duplex on Lots 64 and 65, Block 0,
Erskine Subdivision.
It has come to the attention of this office that you are
presently and have been in the past, renting a third unit
in the ground level.
Because you are in direct violation of the zoning code of
the Kodiak Island Borough, you are hereby notified that
this violation must be corrected or lsgal action will be
•taken to bring compliance with the code.
Your cooperation is solicited.
Yours very truly,
J. L. Stansbury
Building Inspector
JLS/sh
O
j
X64
City of Kodiak
APPLICATION FOR BUILDING PERMIT
"NO: BUILDING OFFICIAL
Dater 17 Sl
the undersigned, hereby request a permit under existing Ordinance, as outlined el
I. Name of Owner of Land e /4/ 14- �e �"
2. Name of Builder or Contractor p o nr 5 J 4 f e `r
3. Permit is required for new Building '( '
Remodeling ❑
Removal ❑
4. If for remodeling state nature and extent of work IV
2 aW
5. Location of building (Lot and Block No )
6. Occupancy of Building (Store or Dwelling or oche
7. Size of Building: Greatest Length rE' ft., Greatest Widt
8. N anber of stories and if basement Pa,w t a a. S M e i
'ype. of Construction (Frame or Masonry) r Ne o.-/4 2-
10. Electrical installation, (answer yes or no)
:'iumbing installation, number of fixtures 7
'. If new structure, give distance nearest building a _ _ft.
1S. Will any part"of said building project into or overhang any part of public street or alley Wel
6(0)
TM portion .of street or alley be needed for the storage of building material; if so, state location and amount
of space required Nn/ � e a. Le Vill N s o N G '- Q 1 3 5 f
15. 'Estimated cost $ / d1 0 el di v.--C-
IC. ?roposed time of completion / 2 months_ days
i'1. -Plan submitted $erewith s— Specifications submitted herewith (Answer yes or no).
(Plans required for cons ction over $500.00 est. cost)
IF NO PLANS OR `.SPECIFICATIONS ARE SUBMITTED APPLICANT MUST ANSWER THE FOLLOWING
QUESTIONS:
.:�. Type,pf foundation (Concrete fpotipg, Block or Wall)
Size' t= 5 r )( /f , Thickness WWO, Depth below ground level 2
°9. Size of floor joists .)/ / O ; Spaced / ft —V_ in centers.
Sao. Size of wall studs Z X Y ; Spaced / ft._.__V__ in centers.
2L Size of ceiling joists z �( (/ r„fA a L Spaced "� ft in centers.
•2 "2. Size of rafters /' // • Sp • ced . ft in centers.
23. Type of roof .. S _ - S
24. Method of fire - stopping in walls and partitio + s, if any .Z X It
25. Outside wall finish__'__ A Y. S' i a{ 1 N
26. - Number of chimneys / Type e ...+044( +
27 Depth of basement below ground line 6
28. Is sewer connection or septic tank included in job?
29. Distance from building to septic tank
(Signed)
Builder,
er. (Strike out inapplicable
FOR CITY USE ONLY
TO. CLERK
above applic t`
rending a -�
;s been duly examined, and the issu
.:
Its 1
n for a permit to
ante of a building permit is hereby
;, U to
(Sign
NOTICE OF F`.IC rf ,
HEARING ON ORDINANCE
All and Vote';"
Citizens
ers of the Kodiak Isl- s3*
and Borough, Third Jud-
icial
.-`
icial Districts ,�y;:•5
of Alaska, are hereby
;),
notified thy. G the on 7th-day - of `yug'dst,-
h t o o cl ock
p.m. in the courtroom
g er:
of the District Magis-
trate, •;
trate, Donnelly Build.-
r 3 a.5'
ing, Kodiak, Alaska, a
;public hearing will oe :-
held on a proposed ord-
inance of the Kodiak.
: for Island Borough ne
zoning of the Kodiak
island Borough said
zoning ordinance to be
4 enacted for the purpose ,.
a
of prpromoting ealth health,
-
..:; safety,, morals:.? centfors ,.
�`�d•�� and general welfare
and to conserve
and
4'
-•t;�- � protect property value
and to secure the most
appropriate ap ro riate use of the
• �},�i.,
land and to facilitate
�yL�;•,4. +�`:� F
adequate but economical
, provisions f or public
s
improven gent . Said ord-
inance i s in accordance
with a cornpre?' o`,;ti'e
c ontr i bu, .: t.;
•.�:r;. ;_i1;.
pLan and .. :;
:a
` • .
the desir Fable future.
V f {. �. • t TNI n -d
h s 5r+ 1
devti.opment of the 13or-
ol,gh and provides a
method of adntina stra-
ti on and prescribes
penalty for the viola-
tions of the provision
hereof.
All persons interest-6
ed shall have an opt or•
tunity to be itc ,s rd
after the hearing the
Borough Assembly shall
consider the ordinance
and may adopt it with "k
or without amendment,
c r reject it.
{ Fated this 28 day of
July, 1964.
CHAR LFS A „ KNELL
Chairman
IIECEIPT-FOR CERTIFIED MA1L-300
.
SENT TO. .
..
= •• ' " •-' ' -' ' . ' :••7 -' ;1= 111'''' .; Cs'l '
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POSTMARK
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—1 ,I.OeliVer46 ,T;
Addressee Only
-,,,,,q---1 :1'. ,•;,:i:. ,.
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POD Form 3800 NO.INSURANCE COVERAGE PROVIDED-
. Mar. 1966 - NOT FOR INTERNATIONAL-MAIL -
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STRUCT1ONS TO DELLVERU4G EMPLOYEE
D Show to whom, date, and Deliver ONLY
address where delivered J to addressee
(Additional charges required for these services)
RECEIPT
Received the numbered article described below.
REGISTERED NO, SIGNATURE OR NAME OF ADDRESSEE (Mot always be filkd iff)
CERTIFIED NO,
2927/
."'• INSURED NO.
DATE DELIVERED
CNA RE-OF ADDRESSEE'S AGENT, IF ANY
•
SHO WHERE DELIVERED only if rce
•c55-10-71 48=10- c