ERSKINE ADD BK 9 LT 106 - Exception (2)ISODIAK ISLAND 12G ,OUGH CASE 7' /
PLANNING & ZONING REQUEST APPLICATION DATE SO
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7
Present Zoning:
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ien-r rks :
Borough Assembly Approvrl:
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November 10, 1966
REGIS ,rf E R E D
Nr. Jack Starbird, Supt.
Chris Berg, Inc.
Box 2486
Kodiak, Alaska
Dear Er.
,.ibis is to iuiorm you that your request for a temporary zoning
exception to,occupy the basement 'units of the Chris Berg' -
'Apartments as dwellings was denied by the Planning & Zoning
Commission at their meeting on November 9, 1966.. '
. If you pursue the completion and the occupancy of these two
basement units as dwellings, legal action will be itmediately
instigated against you.
We suggest that you. contact. Mr. David Ruskin, Borough Attorney,.
if you have any questions regarding this 'matter. -
Very truly yours,
J. L. Stansbury
Building Inspector
City of Kodiak /Kodiak Island
Borough ;
JLS /sh
cc: David Ruskin,.
KODIAK ISLAND BOROUGH PLANNING & ZONING COMMISSION
REGULAR MEETING - November 9, 1966
I CALL TO ORDER
Chairman Hansen called the meeting to order at 7:40 p.m. in the Magistrate's
Courtroom, Donnelley Building, Kodiak, Alaska.
II ROLL CALL
Present
Arnold Hansen, Chairman
Henry Breckberg
John Waller
John Welch
Russell Williams
Also present: Jim Stansbury, Building Inspector; Sally Hendrix, Secretary
taking minutes.
III MINUTES OF PREVIOUS MEETING - October 26, 1966
There were no comments and Chairman ordered minutes accepted as presented.
IV MINUTES OF BOROUGH ASSEMBLY - November 3, 1966
Mr. Stansbury answered several questions regarding Jackson's Trailer Court.
There was a question concerning the legality of the exception granted to the
Kodiak Bible Chapel in Baranof Heights, Blk 4, Lots 6 -8, which was for construction
of a church in an R -2 zone. It was the consensus of opinion that this exception
is not legal, per the Attorney's opinion that exceptions may not be granted in
Residential zones.
V CORRESPONDENCE - None
VI PUBLIC HEARINGS
A. Request for Setback: Variance - East Addn Blk 40 Lot 7 - Robert Reynolds
(Case 164 -A)
A public hearing was held with no objections from the audience, After some
discussion, Mr. Waller moved that the variance be granted. Seconded by Mr.
Williams and carried by voice vote as follows: Yes - Mr. Hansen, Mr. Waller,
Mr. Welch, Mr. Williams; No - Mr. Breckberg.
VII ZONING ITEMS - PRELIMINARY REVIEW
Request for Temporary Exception to Use R -3 Apartments in R -2 Zone -'Ers
Addn Blk 9 Lots 105 and 106 - Chris Berg, Inc. (Case 1-G)
Application letter was read and case reviewed. Mr. Stgudibury reported that
in October Mr. Starbird, representing Chris Berg, had asked Mr. White's
permission to use the basements for offices, and had received the permission.
Some time later Mr. Stansbury inspected the basements and found that people
were living there, and it appeared that work was being performed to convert
the basements into apartments. On another occasion he found carpenters works
and informed Mr. Starbird that unless the Planning and Zoning Commission had
plans to rezone the area, legal action would be initiated against Chris Berg
Inc. The Commission agreed that there is a great need for housing, but that
an exception cannot be permitted in this case, per a previous attorney's
opinion that_ exceptions cannot be granted in Residential zones. Mr. Waller
moved thtit the request be denied. Seconded by Mr. Welsh and . carried by
'unanimous voice vote.
DIVISION - PRELIMINARY APPROVALS - None
VIII S
IX SUBDIVISIONS - FINAL APPROVALS - None
X OLD BUSINESS
A. Building Inspector re Rezoning of Erskine Addn, Block 9. This was discussed
under VII -A above. There was further discussion on the necessity for the
Borough to take a firm stand in enforcing the ordinances so that they will
be respected in the future.
RESUME OF CHRIS BERG APARTMENTS
ERSKINE BLOCK 9 LOTS 105, 106
2/3/65 - PLANNING & ZONING MEETING - Chris Berg requested permission to construct
a fourplex. He was referred to the original deed covenants forbidding
anything over R-2, and to the Borough Attorney
2/19/65- City issued building permitslor two buildings--each to be 2 stories
with a basement
,8/9/65 - John Welch wrote complaint to Borough that buildings were triplexes
rather than R-2
8/30/65- John Wallace wrote same complaint
1/7/66 - Assembly requested Chairmanito have-apartments investigated and to
determine if basements were being used as apartments
1/17/66- malampaximmant PLANNING & ZONING MEETING - Buildings had been
inspected and were found to be R-2 since basements were not being used
Petitions for and against rezoning this part of Erskine Addition to R-3
were received.
2 7 66 PLANNING & ZONING held public hearing on rezoning and recommended to
Assembly that zoning remain R-2
2/21/66- PLANNING & ZONING granted exception to Chris Berg Inc. to use apartments
for 3 years
3/3/66 - Assembly reversed decision on P&Z's exception
3/23/66- Chris Berg Inc. advised Borough Office they were finishing basement
apartments in spite of reversed decision
3/24/66- Building Inspector Stansbury inspected apartments and found violations:
a) buildings were constructed as R-3. Even tho the basements were net
being occupied, it was a violation to construct them as such
b) Lots were too small to meet setback requirements
Stansbury issued stop work order on basement apartments
4/7/66 - Assembly upheld P&Z recommendation NOT to rezone to R-3.
Assembly, per Stansbury's request, directed Attorney to stop construction
on basement apts. by legal action. No action was taken by the Attorney.
4/12/66- Chris Berg Inc. requested a building permit to finish the basement
apartments based on the P&Z decision of 2/21 which granted the exception
and which had been reversed by the,Assembly on 3/1. No permit was issued.
CHRIS BERG, Inc.
HOME OFFICE: 2730 WESTLAKE AVENUE N. • .SEATT
/V4 LE, WASHINGTON 98109 • PHONE ATwater 3-7511 LYELEFAX — GJL® n
8,9 flOsilimi '966
7
Kodiak, Alaska
Nov. 8; 1966
Planning and Zoning Commission
Borough of Kodiak
Kodiak, Alaska
Gentlemen:
4
We were recently awarded the Kodiak Urban Renewal Contract, a project
designed to alleviate the present well known shortage of housing and
commercial facilities in Kodiak.
This increased voltme of work made it necessary to bring to Kodiak
additional supervisory and technical personnel. We have been unable
to find adequate housing for theme
In anticipation of this dilemma:, we found it necessary to advise
some of the tenants of the Chris Berg Apartments that their leases
would be terminated at the end of the lease year, in accordance with
the terms of the leases. This was done only after being advised
that the tenants were expecting to be housed at about that time in
other facilities which were nearing completion®
Unforeseen delays made it impossible for these very excellent tenants
to move, and we do not feel that we can ask them to move out into the
streete As a result we have found it necessary to utilize the fac-
ilities existing in our own apartments for some of our people
We therefor respectfully request that permission be granted to occupy
the basement area of the Chris Berg Apartments for the duration of
our Urban Renewal contracte
Yours very ray
CHRIS BERG INC.
ack Starbird, Sup
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