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KILLARNEY HILLS BK 1 LT 1 SW PTN - Variance (2).17 KODIAK ISLAND BOROUGIf Telephones 486-5736 - 486-5737 — Box 1246 KODIAK, ALASKA 99615 May 31, 1978 Mr. Dean Morgan General Superintendent Forest Investment Company 314 - 108th Avenue N. E. Bellevue, Washington 98004 In re: Variance request, Fir Terrace Apartments, Lot 1 Block 1, Killarney Hills Subdivision Dear Mr. Morgan: In its regular meeting of May 17, 1978, continued to May.22, the Kodiak Island Borough Planning and Zoning Commission:qtanteda our-44-41-- g 1.- That during Phase One of the project (construction of Buildings No. 1 and 2)., a temporary walkWay"be Provided along Mill Bay Road; 2. That during Phase Two of the project Cconstruction of Buildings No. 3 and 4), a permanent walkway be provided along the route shown on the revised site plan; 3. That one and one-half parking spaces per unit beprovided prior to completion of the project; 4. That during Phase One, a fence be provided along Mill Bay Road, Murphy Way, and between Lots 1 and 2; 5. That a playground area be provided and designated on the site plan; 6. That parking spaces shall be indicated on the site plan, and shall be 9' x 20'; / 7.. That Building One be granted a setback variance of 4 feet, and Building Two be granted a setback variance of 7 feet; 8. That landscaping for each phase shall be completed prior to building occupancy, and that a landscaping schedule be provided consistent with the note on Exhibit A of the site plan; 9. That in the event of a time lag between Phase One and Phase Two of construction, additional parking shall be provided to total 11/2 spaces per unit;,P • Forest Investment Company May 31, 1978 - Page 2 • 10. That fencing will be provided along the south lot line (the lot line common to the College property) during construction of Phase Two; 11. That site drainage is to be resolved with and accepted by the City of Kodiak prior to issuance of a certificate of occupancy. The above stipulations have been listed here from our notes of the Planning and Zoning Commission meeting, and cannot be considered as the official action of the Commission. The minutes of that meeting are currently in preparation from the transcript, and will be forwarded to you upon completion and approval. If you have any questions regarding this matter, please feel free to contact our office. -: Yours very truly, DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT 7h• 71-&‘°-.4-J Robert A. Marmaduke Borough Engineer RM: am Copy to: W. E. "Gene" Kizer, Architect - AIA 501 West Northern Lights Blvd. Anchorage, Alaska 99503 P & Z continued, May 18, 1978 IV. AUDIENCE COMMENTS Page 6 MR. GENE KIZER, Forest Investment Company, stated that the Company is not '.aware of a covenan Mr. Kizer presented to the Commission a deed and title insurance relative to this property and there is no reference to a covenan, MR. ALAN BEARDSLEY accepts the fact the covenan was not recorded at the courthouse. Mr. Beardsley also stated that before property was purchased, thele were made aware of a binding covenant, on these lots. Mr. Anderson moved to give preliminary approval to the variance on Lot 1 Block 1 of Killarney Hills with stipulations Staff had presented. Mr. Ball.seconded the motion. Mr. Anderson amened his motion to read as folloWs, Mr: Anderson moved to grant approval of Lot 1, Block 1 Killarney Hills SuMivision with the stipulations of provisions.madeibythe'.Staff. Following,a -lengthy •diS-cuSsion; -,Mr.Ball Withdrew his .secdnd's:and'Mr. AnderSowwithdrew his motions. The Chairman recessed the meeting at 11:30 p. m. to be continued on May 22, 1978. at 7:30 p. m. I. CALL TO ORDER The continuation of the regular meeting of May 17 and May 18, 1978, of the P & Z Commission was brought to order on May 22, 1978, at 7:30 p.m. by the Chairman Mr. Busch, in the Borough Assembly Chambers. II. ROLL CALL PRESENT Mr. (Dan Busch, Chairman Mr. Phil Anderson Mr. Gene Erwin Mr. Tony Perez Mr. Don Baker Mr. Ron Ball, arrived 8:30 p.m. III. MINUTES Mr. John Pugh moved to approve the minutes of March 15th and 16th;'April 19th, 20th, and 26th. Mr. Perez seconded the motion. Motion passed with unanimous roll call vote. IV. PUBLIC HEARING A% Final Subdivision Plat for Karluk Kdevelopment. Plan. In the staff report Mr. Milligan stated that:th following Tracts be designated as: Tract A -sewer processing operation; Tract B -school site; Tract C - village commercial uses and office site for Village of Karlukative Association. Tract IY& E are being held for public use. The approved final is basically consistent with the preliminary. Staff recommends approval of the final plat. Schedule is as follows: foundation to be laid in July; housing units sometime in August; occupancy sometime late in the fall regardless of electricity or sewer. Following some discussion Mr. Anderson moved to approve the final,' platfor the Karluk Subdivision. Mr. Pugh seconded the motion. Motion passed with unanimous roll call vote. • Variance to permit more than one principal dwelling structure.in an R-3 (multiple family) zoning use district, Lot 1, Block 1, Killarney Hills Subdivision, 4 structures, 2.48 acres (Forest Investment Company). Mr. Anderson moved to take action o Forest Investment request for a variance. Mr. Ball seconded the mOtion. Motion passed with unanimous roll call vote. MR. ALLAN BEARDSLEY, stated that the residents olf Killarney Hills Subdivision had retained an attorney and it is their intent to sue. Mr. Beardsley also P & Z • Page 7 stated that the property owners were given a covenant regardless of whether the covenant was recorded. Mr. Anderson moved to grant a variance to Lot 1, Block 1, Killarney Hills Subdivision 4 buildings instead of 1 with the following stipulations: 1. Fence along Murphy Way and between Lots 1 & 2 of Killarney Hills Subdivision and 40' along Mill Bay Road and south along Mill Bay Road between Murphy Way; Temporary walkway be constructed and:. maintained while Phase I is being 11111.111MIMMINI°11111111111111.1111111111"111.= constructed. 3. Permanent walkway to be constructed and maintained after Phase II is constructed. (u -K 4. One and one half (1) parking spaces be provided per unit after Phase II is constructed. 5.. Building locations as shown on the map: 6. Additional parking if time lag in construction. 0 ,1 . 7. Parking spaces to be 9' by 20'. 8. Building setback variance 4' on Building #1 and 7' on Building #2. 41_2. Landscaping to be completed with each phase or completion as noted on the map. O. Fence between the border of the Community College and this project; Lot 1 Killarney Hills Subdivision after Phase II. 11. Site drainage be worked out with the City of Kodiak. Mr.Birlseconded the motion. MOtion passed with unanimous roll call vote. V. AUDIENCE COMMENTS - None VI. COMMUNICATIONS Variance on Lot 30, Block 19 of Kodiak Townsite. -Request from Mr. Helmut Opolka to repair and place permanent foundation on an -apartment building was requested in September of last year. In a' letter dated March 29, 1973, Mr. Opolka is requesting an extension. Mr. Anderson moved to grant a 6 month extension for a.variance on Lot 30, Block 19 of Kodiak Townsite. Mr. -Erwin seconded the motion. Motion passed with unanimous roll call vote. CHAIRMAN'S REPORT Mr. Busch requested the Borough Engineer to check the statutes on leases. T3LANNING DIRECTOR Fish and Came has advised the Planning Department that Beaver Lake is a spawning area. Mr. Milligan also stated that KIB- has issued contracts and project'is near completion pending approval of the plat which -Commission approved for final of Karluk Redevelopment Plan. VII. ADJOURNMENT The Chairman adjourned the meeting at 9:30 p.m. ATTES ATTEST: APPROVED 2/ „/ • _ V22 Chairman ,./"/ KODIAK ISLAND BOROUGH MEM 0 R A N D U M TO: P & Z Commission FROM: Planning Department SUBJECT:. Request for variance RE: Lot 1, Block 1 of Killarney. Hills Subdivision DATE: May 12, 1978 REQUEST' This is a request for a variance to permit the construction of.four detached apartment buildings on one lot in an R-3 multi -family zoning use district SITE The site is located at the intersection of Murphy Way and Mill Bay Road. Thepropertyis undeveloped and heavily wboded. AS'pointed out in the application, the site is irregular in shape and Siopes!rom-the northeast to the southwest. The site contains 108,199 square feet or 2.48 acres. .HISTORY The Killarney Hills Subdivision was approved by the Kodiak Island Borough Assembly: on May 2, 1968, and was recorded on November -13, 1968. :Since that time, Block 1 has been zoned R-3 and some lots within the subdivision have been developed. . However, the petitioned property has remained the same. The applicants (Forest Investment) have looked at several di-fferent sites in Kodiak during the past year and finally .have selected this site. . Page 2 The last site they considered was located on Mill •Bay .Road adjacent to the Aleutian Homes Subdivision. This site appears to be -adequate in terms of size and location to meet their needs. ANALYSIS Staff, in reviewing all applications for a variance, must determine whether or not the four conditions set .forth in Section 17.66.090 (b) of the KIB Code of Ordinances have been satisfied. 1. Section 17.66.090 (b) (1) states ".That there are exceptional physical' circumstances or conditions applicable to the property or its intended use.or.development which do not apply to other properties in the same land use district." Staff finds the applicant has provided findings as required by the zoning ordinance in.support of condition -No. 1. We concur the site is.adequat'e in - size to support the proposed -development. That the site development plan - is more flexible when the proposed dwelling units are distributed within four, buildings rather than consolidated into one structure.- If the developeris required to subdivide the site into four lots, one.per, each building, the flexibility of building location becomes limited. Section 17.66.090 (b) (2) states "That the strict application of the provisions of this title would result in practical difficulties or unnecessary hardships." The topography of the site and good untilization of the lands make it difficult to incorporate all living units into one,building. Some tenants would be required to walk long distances from parking areas to, their dwelling units.. This situation could create a very real hardship on some.tenants during bad weather. - Page 3 Section 17.66.090 (b) (3) states: "That the granting of the variance will not result in material damage or prejudice to other properties in the vicinity nor be detrimental to the public health, safety or welfare." We agree with petitioner's findings for the requirement. Additionally, we find the residents and the adjoining property owners are better protected from a fire life safety standpoint by spreading the dwelling units through four separate buildings rather than being consolidated into one large building. Section 17.66.090 (B) (4) states: "That the granting of the variance will not be contrary to the objectives of the Comprehensive Plan." We agree with petitioner's findings the proposed development is below the maximum which could be placed:orCthisite. It is within the city limits of the City of Kodiak and can be provided with the full range of city services. It is within walking distance of one public and one private elementary school and is located on one of Kodiak's major arterial streets. It is also immediately adjacent to the Kodiak Community College. SUMMARY Staff finds the applicant has 'provided findings in support of the four conditions for a variance set forth in Section 17.66.090 (b) of the zoning ordinance. Staff agrees with these findings and during our review found other items which we also feel support the application. RECOMMENDATION 1. You can deny the request. 2. You can grant the request. You. can grant .tbe.,-request a. additional parking, b. require landscaping c ..require a fence On the 1 d. limit the height of each:: building limit the number- of- dwelling unit in each building,and add such other-conditons as the Commission deems necessary. and appropriate. ':._ 5// .., ,T STATUTORY WARRANTY DEED The Granter, CORPORATION OF THE CATHOLIC ARCHBISHOP OF ANCHORAGE, a religious corporation sole, of PO Box 2239,,:1a,ncho.-.age, ,Alaska 59510, for and in consideration of the sum of Ten Dollars .(510.00) and'othe= good and valuable consideration in.hand'paid, conveys and warrants to KODIAK ASSOCIATES, a limited partnership, whose address it 10655 NE Fourth, Suite 805, Beilevue,_Washington 98004, the foliowing'described real estate situated in the Kodiak ecordina District, Third Judicial District, State cf Alaoka, to - ' Lot One (1), Block One (1), KILLARNEY . BILLS SUBDIVISION, a portion, of Tract SI, U.S. Survey 3218, Kodiak,. Alaska, as shown on Plat 58--13. SUBJECT TO the rights and reservations in patent to said land expressed, to easements of record or as shown 'on the ,plat of said lands and to restrictions- or encroachments ascertain- able by physical inspection of the premises and provided further that the Grantor makes no'representations as to the location.of any on -the -ground markers, stakes or monuments. . DATED this /y day of fl,/,,..• , 1978. CORPORATION OF THE CATBOLIC ARCHBISHOP OF ANCHORAGE, 7 religious corporation sole =7=r' �.."...4.�„ Franc's T. BurlLArchh'ishop ,s TATE OF ALASKA • ) es. THIRD JUDICIAL DISTRICT ) THIS 1S TO CERTIFY 'that on this I_ day of �Ll•1 S78, before me, the undersigned, r. Notary Pco.is 1n an ..fdr the to of Alaska, personally appeared FRANCI3 T. E1:RLEY,•known to e and to me Known to be the Archbishop of the COt2ORATIO:i OF THE CATHOLIC ARCHBISHOP OF ANCHORAGE, a religious corporation sole known to the to be the individual named in and who executed he foregoing document and he acknowledged,to me that he was uthorized to execute the foregoing document by authority granted im by said Corporation, WITNESS my hand and notarial seal the d ttatnarti}pgr irst hereinebove writtel If -Q L s`°/9 ttu-, a Y blic, 4'01 -4*� = (� -1 `" �� Ml n' sion ExpireS:*� L27 MMSMt3TMOgfO* • 40.12,0*'N1Sn0.01i' ♦"Tp1MT1 ♦, La' • N* *fir f.+,1 SIOMR • 411G*01,.1.1401131 • 00711.73411* • `7y • fs Lia' , .w.t1171if, • L..Surr. 2c: Tit:x Cr.- Ps 11 3 55 FN'Th •`•- - • _ z RE0U 1Ft N- �L S,4tS ADDRESS KODIAK ISLAND BOR P. 0. Box 1246 Kodiak, Alaska 99615 Telephones 486-5736, 486-5737 . • FIRST CLASS MAIL • . • ' NOTICE OF PUBLIC HEARING The .Kodiak Island Borough Planning and Zoning Commission has received a petition from Forest Investment Co. requesting a'variance to permit more than one principal dwelling structure in an R-3 (multiple -family) zoning use district, Lot 1, Block 1, Killarney Hills Subdivision '(4 structures, 2.48 acres) The Kodiak Island Borough Planning and Zoning Commission will hold a public hearing concerning this matter at 7:30 p.m. Wednesday, May 17, 1978 in the Borough Assembly Chambers, 700 Upper Mill Bay Road, Kodiak. This will be the only public hearing before the Planning and Zoning Commission on this petition, and you are invited to appear and voice your opinion. If you cannot attend, you may submit a written opinion that can be read into the minutes of the public hearing.., If you would like to comment on the petition proposal, this form may be used for your convenience, and returned to the Planning Department. Further information is available from the Planning Department, telephone 4B6-5736. 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Mr. Anderson's main motion should reflect to Citv standards instead of -Borough or City standards". Mr. Perez approVed dthendment; Motion passed with unanimous roll call vote. ZONING 1: Special Exception for duplex townhouses in an unsubdivided portion of USS 1396, Elderberry Heights (portion) 2.083 acres, 10 lots. (L. Grothe). Mr. Milligan stated that duplex town houses or zero lot line development is a new concept. Under this concept the individual owns half of'the - -dwelling unit and half of the lot the building sits on. It does not change _.aharacter in terms of uses allowed inzoning district. Also it does not allow a greater density. The Chairman closed the regular meeting and opened the Public Hearing. MR. BRUCE MASSEY Unlike a condominium, there is no home owners agreement. Each unit has a strong conveyance and is enforceable by the neighbor. All utilities will be underground an each unit. MR. MIKE SHOCKLEY Local housing contractor stated that the main problem in Kodiak in building and development is land, sewer and water. The Chairman closed the Public nearing and opened the regular meeting. Mr. Ball moved to grant a special exception for duplex townhouses in an unsubdivided portion of USS 1395, known as Elderberry Heights and grant a variance from required Section.16.20.050 and 17.12.030 of KIB Code of Ordinances. Also the following 4 conditions -to meet the variance: The intended use will provide two advantages to the community, (B) -Reduction in cost to the buyer as a decided advantage, (B) It will not change the appearance“. permitted density or characteristic of theneighborhood. -2. No hardships would be created or adverse effects be imposed upon the surrounding area. 3. We find no detrimental or prejudicial impacts will result from granting this variance. 4. Granting this variance will not be inconsistent with the Comprehensive Plan as the densities allowed will not change. Mr. Pugh seconded the motion. Motion passed with unanimous roll call vote. Variance to permit more than one principal dwelling structure in an R-3 (multiple family) zoning use district, Lot 1, Block 1, Killarney Hills Subdivision, 4 structures, 2.48 acres (Forest Investmentiv'Mr. Milligan stated that the applicant has adequately met the variance requirements as set forth in Section 17.66.090 (b) of the KIB Zoning Ordiance. The Chairman closed the regular meeting and -opened the Public Hearing. FOR MR. GENE KIZER . Architect for the development, stated that the project meets the criteria set up by Farmers Home Administration. Mr. .Kizer also stated that when the project is completed it will add up to in excess of $2,000000 to the tax base. Even though it is financed by FHA it is still a tax paying project. AGAINST MRS. HENRY MEUNIER. Owns property in Killarney Hills and questioned the adequacy of water and sewer lines to service this development and 3 sthools. Mrs. Meunier also stated that at the time of purchase property owners in in Killarney Hills Subdivision received a copy of a covenanti.. from the Archdiocese in AnchoraEe. MR. TOM CURLY. Mr. Curly. lives on Lot 2 and is concerned with the following: parking, traffic- flow, taxes and low income housing. FATHER BATES. Present pastor of St. Mary's and was not aware of the cov- enarnt;.n MR. HENRY MEUNIER. Feels the Church was trying to enforce the covenant.. se - P & Z continued Page 4 • MR. DEAN MORGAN. Stated that he was not aware of the covenant.'. The -Chairman closed thePublle Nearing and opened the regular meeting. • Mr. Pugh moved to postpone any decision on this case until such time the -Commission gets a report from the Planning Department as to the status of the covenam - on this property. Mr. Anderson seconded the motion. Motion passed 5 to 1 with Mr. Busch casting NO vote. The Chairman recessed the meeting at -11:15 p.m. to be continued on May 18, 1978, at 7:30 p.m. I. CALL TO ORDER The continuation of the regular meeting of May 17, 1978, of the P & Z Commission was brought.to order on May 18, 1978, at 7:30 p.m. by the Chairman, Mr. Dan. Busch. II. ROLL CALL PRESENT Mr. Dan Busch, ChAirman Mr. Phil Anderson Mr. Ron Ball Mr. Gene Erwin Mr. Tony Perez Mr. John Pugh Mr. Don Baker. Quorum was established. There were approximately 63 citizesn in the audience. III. PUBLIC HEARINGS. B. ZONINGS 1 Rezone from Unclassified to Business, Lots 3A, 3B; 4A, 4B, Block 1; Lots 2,.3 A, 3 13, Block 2; Lots 1 & 2, Block.3; Lots 2 & 5; •Block 5; Lots 4 & 5 Block 7, Miller Point AK Subdivision, (Majdic-Hayes-Sharratt-Welborn-Urie Cessna). In sumiTiarizing theapplicationStaff finds the request is 1) not consistent with the proposed land use plan, 2) is not consistent with the 1968 Comp- rehensive Plan, 3) the area under consideration is excessive and 4) no development plans have been submitted; nor has any statement or justification for this change been presented. The Chairman closed the regular meeting.and opened thePublic Hearing. No one appeared to testify in favor of this request. AGAINST -h MR. JOHN WITTEVEEN, owner and occupant of Lot 2A, Block,1 is opposed. Mr. Witteveen also read letters opposing the request' from the following: Jim & Judy Richardson, Lot 1, Block 5, Miller Point Subdivision, Mr. Peter Danelski, Lot 6 A, Block 1, Miller Point Subdiviiion Mr. Peter Resoff, Lot 3, Cliffside LoopRoad, Mr. Carol Kessler, Lot 7, Cliffside Loop Road, Mr. & Mrs; Emil Norton, opposed, Mr. & Mrs. Vernon Berns opposing to the request via a letter: Mr. -Anderson moved to disapprove the rezoning, from Unclassified to Business, lots.3A, 3B,4A & 4B,Block 1, Lots 2,'3A, 3B, Block 2, Lots 1 & 2 Block 3, Lots 2 & 5, Block 5, Lots 4 & 5, Block 7, Miller Point Ak Subdivision, (Majdic- Hayes-Sharratt-Welborn-Urie-Cessna). Mr. Erwin seconded the motion. fl Motion passed with unanimous roll call vote. 2 Rezone from Unclassified to R-3, Lot 18, Block 2, Russell Estates 2nd Addition, (Gerald Gudenau). Mr. Mulitalo stated that Staff does not have any recommendations but did offer the following 3 options: 1) rezone to R-3 would not affect property owners adjacent to the lot, 2) deny the request and 3) Wait for adoption adoption of the Comprehensive Plan. • The Chairman closed the regular meeting and opened the Public Hearing. Mr. Mulitalo read a letter of approval from property owners in Russells Estates 2nd• Addition, was read into the record. I: kordwg. Wand Borough KODIAK,. ALA! A RECFIVEA AY 8 1978 Pt 7181911.011.10211A314016 May 3, 1978 Harry Milligan Planning Director Kodiak Island Borough P.O. Box 1246 Kodiak, AK 99615 -- ck.5 0.00e0 s — - 1.00:::.\eN:okile elL011 PP\ kr" P\ Re: Variance Application, Lot 1, Block 1, Killarney Subdivision, Kodiak, Alaska Dear Mr. Milligan: With this letter and the already submitted information, we are applying for a variance from Section 17.18.010 of the Kodiak Island Borough Zoning Ordinance. This application is submitted on behalf of Forest Investment Corporation of Bellevue, Washington. The purpose of the variance requested would be to allow for the development of a four building, 59 -unit residential complex on the referenced lot without having to comply with the requirement to resubdivide the lot into four smaller parcels. If approved, the project will provide badly needed residential units in a moderate price range for the citizens of Kodiak. This need has been demonstrated and documented in two major studies of the Kodiak Island Borough --the Kodiak Island Borough Outer Continental Shelf Impact Study (Simpson Usher Jones, 1977) and the Kodiak Island Borough Regional Development Plan (Kramer Chin and Mayo, 1978). The project is to be financed through the Farmers Home Administration. There will be no problem in proceeding within the required six months after the variance is approved. In fact, construction should begin within a few weeks if the Board approves the variance at their next meeting. Attached are site plans and building plans as required for a variance application. They show both building placement and existing site conditions. Both are important elements of this variance application. Section 17.66.090B requires that four conditions be met by all variance applications. The following is a review of our compliance with those conditions: 1577 'C' Street Suite 103 Anchorage, Alaska 99501 (907) 276-5234/278-2455 Harry Milligan -2- May 3, 1978 1. That there are exceptional physical circumstances or conditions applicable to the property or its intended use or development which do not apply generally to other properties in the same land use district; Four different special conditions exist which meet the require- ments of this section. They relate to the shape of the property, topography and soil conditions, the design of the project, and the access characteristics of the site. The property is an irregular shape with four sides. The longest side is 515 feet and the shortest is 220 feet. The property comes to a long point on the southwest end. If required to subdivide the property into four lots (one for each building), the owner would have to utilize the pointed portion of the site as a building location. This would result in an odd -shaped lot with an irregular parking layout and little usable open space. If the variance is approved and the site is developed as shown in the site plan, the buildings can be clustered away from the pointed portion of the site. That portion could then be utilized as open space and parking only. The topo also lends itself to the proposed site plan. The site drops approximately 20 feet from the northeast to the southwest. The buildings have been placed on the highest portion of the site, to the extent possible, in order to take advantage of the views as well as the natural drainage char- acteristics of the site. As shown on the site plan, the southwest portion is a drainage swale. If the property is required to be subdivided, then a building would have to be placed in that swale. This would create both onsite and possible future offsite drainage problems. It would also increase development costs, thus increasing the cost of the housing. A visual inspection of the site conditions and the vegetation in that location show that there is a high proba- bility of poor soil conditions in that area. This will further increase the cost of development of the property and could affect the feasibility of the residential units. From a site planning and design standpoint a requirement to subdivide would result in a spreading out of the buildings, less efficient use of the natural features of the site, less consolidated open space, and generally a less aesthetically pleasing project. The end result would probably be four buildings lined up in a row rather than a cluster of buildings on the high portion of the site. Harry Milligan May 3, 1978 The requirement to subdivide will also create access problems. With the proposed site plan we are showing two parking lots and two offiste access points. If we create four lots, we will have to provide four parking lots and four separate access points. Mill Bay Road is an arterial feeder into downtown Kodiak. This property fronts onto Mill Bay Road. In order to maintain Mill Bay Road's traffic carrying capacity, it is in the best interest of the community to limit the number of access points onto that road thus confining the traffic entering and leaving the roadway to as few control points as possible. This variance would accomplish that purpose. 2. That the strict application of the provisions of this title would result in practical difficulties or unnecessary hardships; The difficulties and hardships associated with the requirement to subdivide into four lots is attributed to the physical characteristics of the site described above. As indicated, strict application of this section would result in awkward building placement and drainage problems which would make this proposed housing development both less desirable to live in and more expensive. These problems and hardships do not arise from an action of the petitioner. They are based upon the physical conditions of the site and the petitioner's desire to utilize those physical conditions to the benefit of the project and the community as a whole. That the granting of the variance will not result in material damage or prejudice to other properties in the vicinity nor be detrimental to the public health, safety or welfare; There would be no adverse effect on other properties generated by this variance. In fact, through proper site design, build- ing placement, controlled access, and drainage facilities, possible future impacts on adjacent properties could be averted. 4. That the granting of the variance will not be contrary to the objectives of the comprehensive plan. This variance is in no way contrary to the objectives of the KIB comprehensive plan both existing and proposed. The vari- ance will, if approved, promote housing development, will allow efficient utilization of available lands, and will help preserve the capacity of the major arterials. All of these results are consistent with the Borough's long range planning programs. With this information we feel that we have provided the Kodiak Island Borough with adequate justification for granting of this variance. We feel that the variance is in the best interest of the community and will • Harry Milligan -4- May 3, 1978 result in a far better housing project than would be possible under the conventional development requirements to subdivide the property. We hope that the above information is sufficient for your review. If you have any questions or require clarification of our application, please contact me at your convenience. Very truly yours, SIMP •N USHE JONES, INC. . ones Att chments cc: Dean Morgan, Forest Investments Gene Kizer GLJ/dl 5/3/78 bb 098066�:WA-1101 RICE April 17, 1978 at 3:56 P.M. 1. INSURED KODIAK ASSOCIATES, A LIMITED PARTNERSHIP SCHEDUL8 A AMOUNT $ 1,425,000.00 PREMIUM $ 3,244.50 2. TITLE TO THE -ESTATE, LIEN OR INTEREST INSURED BY THIS POLICY IS VESTED IN the name. insured 3. ESTATE, LIEN OR INTEREST INSURED an estate in fee simple 4. DESCRIPTION OF THE REAL ESTATE WITH RESPECT TO WHICH.THIS POLICY IS ISSUED PER 1 HITT "A" ATTACE U InE2J TO AND BY THIS ` s rte' C2 MITE A PART III SCHEDULE B DEFECTS. LIENS, ENCUMBRANCES AND OTHER MATTERS AGAINST WHICH THE COMPANY DOES NOT INSURE: SPECIAL EXCEPTIONS IL. Reservations contained in United States Patent. 5/3/7.8 '• bb • •-• : •.-• SCHEDULE : /A-11°111,462 NO. DATE April 1701.978 at 3:56 P.M • - • NAME, OF INSURED ..,:• .. 4,- 0 .. PEOPilES MORTGAGE COPANY:,...F::NI„,..---... , , 1. THE TITLE TO THE FEE SIMPLE ESTATE IN SAID 'LAND IS AT;TI-IE:',DATE HEREOF VESTED: •,- , : - • . . - , • , ; • -, . „:-.- • ,,,-. -,;:: ... ,-.'•-....; ----...;-• --;-•-:::.::7---...-":::•-•::-.•:?:•-'i;•'-;:-:, - ;:,,,-;.- --:.-.,'i'' '''' '::-, ... . ; 4 ' : ,,. - ' . , ,--,,,, : ' - - ' ' - , '-,:' • .7 • . . . " ,,,j - :".‘,''-'"..2:7..- ':::: :::-..'..'i ,'".':•.',. ,f,": '' ':',- KO Difilt AS 6 OCINEE S it.:.:.k . LIF_LITED„ PAR. TNERSBCP.:"'.i...: .,... . ".--., , .,•••,,,..:...:giv-,,:,!-•;•-, -'",' ,.-•--..• '''-; : , AMOUNT $ 1 4, 4 2 5 , 000 . 00 PREMIUM $ 9 8 8 50 ALTA + pro tanto • to secure the peyment of ,the sum of $1#425#000.08 and interestv, 2. THEMORTGAGEAND ASSIGNMENTS, IF ANY, COVERED BY THIS POLICY ARE DESCRIBED ,•• , AS FOLLOWS: • . , - — • Deed of Trust, including the terms and provisions thereof, dated April 12# 19780 exe!suted by, 'KODIAK ASSOCXATBS, A LIMITED PARTNERSHIP, Trustor# 'to WESTERN ALASKA LAND TITLE COMPANY, Trustee, for the Benefit of PEOPLES MORTGAGE COMPANY; recorded April 17# 1978 in Book 40 at page „. • • ' • ' • 3. THE LAND ;REFERRED TO IN, THIS POLICY IS DESCR!BED. AS FOLLOWS: covered by this ' • .H--; As the mortgage • - .• MO BY TiLTS REPENT= DADE A PAltr,,,BE., PER ElalaTr "A° * ';:' • • . • • • . • - • Reservations contained in United States Patent. ,t 1978 taxes due Kodiak Island Borough are a lien, but are not yet due or payable. Utility easement over the Southerly Ten (10) feet as delineated on the plat. Financing Statement covering equipment, fixtures and contractual rights filed April 17, 1978 in the. Kodiak Recording District, under File No. 78-000690, and in -Juneau, Alaska with the Department of Administration. • Deed of Trust, including the terms and provisions thereof, dated April 12, 1978, executed by KODIAK ASSOCIATES, A LIMITED PARTNERSHIP, Trustor, to WESTERN ALASKA LAND TITLE COMPANY, Trustee, for the Benefit of PEOPLES MORTGAGE COMPANY,•to secure the payment of the sum of $i,425,000.00 and interest; recorded April 17, 1978 in -Book 40 ' at page 61. - . • Agreement, dated April 12,-1978, executed by KODIAK ASSOCIATES, A LIMITED PARTNERSHIP, to PEOPLaSMORTGAGE COMPANY, assigning all rents and agreeing not to sell or encumber real property; given as security for the payment of the sum of $1,425,000.00 and interest; recorded April 17, 1978 in Book 49.:at page 69. . . - • , `,••-• ' 407E: This Policy is issued simultaneously. with ALTA Mortgagee's 4olicy Number .11462 in the amount of $1,425,000.00. Any payment .by .he Company on said Mortgagee's Policy shall reduce pro tanto the liability under this policy. - : • GENERAL EXCEPTIONS 1. Encroachments or questions of location, boundary and area, which an accurate survey may disclose; public or private easements not disclosed by the public records; rights or claims of persons in possession, or claiming to be in possession, not disclosed by the public records; material or labor liens or statutory liens under State Acts not disclosed by the public records; water rights or matters relating thereto; any service, installation or construction charges for sewer, water or electricity. 2 Right of use, control or regulation by the United Statesof America in the exercise of powers over navigation; defects, liens, en- cumbrances, or other matters created or suffered by the insured; rights or claims based upon instruments or upon facts not dis- closed by the public records but of which rights, claims, instruments or facts the insured has knowledge. 3. General taxes not now payable; matters relating to special assessments and special levies, if any, preceding the same becoming a lien. 4. Mining claims, reservations or exceptions in patents or in Acts authorizing the issuance thereof. 5. Any laws, governmental acts or regulations, including but no t1imited to zoning ordinances, restricting, regulating or prohibit- ing the occupancy, use or enjoyment of the land or any improvement thereon, or any zoning ordinances prohibiting a reduction in the dimensions or area, or separation in ownership, of any lot or parcel of land; or the effect of any violation of any such re- strictions, regulations or prohibitions. 6. "Consumer Credit Protection", "Truth in Lending" or similar law, or failure to comply with said law(s). SCHEDULE B THIS POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE BY REASON OF THE FOLLOWING: Reservations contained in United States Patent. 2. 1978 taxes due Kodiak Island Borough are a lien, but are, not yet due or payable., • . 3. Utility easement over the SoutherlyTen (10) feet as . delineated on the plat. 4. Financing Statement :covering equipment, fixtures and contractual rights, filed April 17, 1978 in the Kodiak Recording District, under file No. 78-000690, and to Juneau, Alaska with the Department of Administration. 5. Mechanics Liens or Aaterialmb.-Wks Liens which arise out of construction which is wholly or partially funded by the proceeds' of the loan secured by the Deed of Trust insured herein. 6. Submission of an As -Built Survey by a registered surveyor 'showing the location of the building to be within the property above-, described. 7. Agreement, dated April 12,.1978, executed by KODIAK ASSOcIATES, A LIMITED PARTNERSHIP, to PEOPLES MORTGAGE COMPANY, assigning all rents and -agreeing no t-te.--oe-11---ev-:eneumberr- real -property ; given as security for the payment of the sum of $1,425,000.00 and interest; recorded April 17, 1978, in Book 40 at page 69. • Hr. • , ,..• - ••.• • . . • c•-• ' . . • .7 r•• . " , .•• . • •..., 4.1.;,•••.:::-,•,! • • •• .• • , • ',"••••.;."; ' ••,•• _st .4c.. E ms. -._ re) _ t.t-r.- _ -- sos_-c -_p_k = eee.L. -- --- .?x.30.JE O oma. Gar--- (sr _ixx/ 5Th 5T t-cfr -1, ,f 1•• -r --tom 1-,- k (LL s r 1.414-1-3 _Su8btVtStekJ.. _k401 dce. / A -a' _ SuEocuiscr (L55 _ IT 2 - Li. -5 .. 5. 2 i s ►c_.ac+..,- l � _ L. L - T :cr 5 " 4 — f JoLwe�t �c J - 4,4, 99135 -r - Y PeAdtck_- C ..x%.c--,� - G�� -' - 7 „-tom,. di , t"a.c.2 iL1-� E�x�y GELr L5 __ 3.0E5DIVi viaki _ __ . _ Az„, 1_2 - aft -a- • 9?l5- (us5. 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