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ERSKINE ADD BK 9 LT 106 - ExceptionKODIAK ISLAND BOROUGH G & ZONING REQUEST APPLICATION Type of Request: Description of Land: Lot: Addn: Survey # Person Submitting Application: DATE Final. Disposition: Remarks: Mailing Address 0 X Covering letter submitted: Referred from: Person or Representative to attend meeting: Plat Submitted: Present Zoning: Proposed Zoning: Reason for Request: OlAr E, (Name) Unusual Circumstances: Approved: Remarks: Not Approved: Remarks: eta PI 6-ckS Borough Assembly Approval: Ftemarks : 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. 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 CL/9 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 come 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 ¢ 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. Kodiak island Borough KODIAK,. ALASKA RECEIVED FEB 2 1 1966 AM PN 71819110,11112111213141516 February „.,72/ 1966 Planning EY Zoning Commission of the Kodiak Island Boragh 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. 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 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. 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.