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KODIAK TWNST BK 1 LT 7A - ExceptionApplication Fee Paid Type of Request: Final Disposition: Remarks: Description of land: Addn: Lot: Person Submitting Application: Nailing Addreds Covering letter submitted: Survey /I Person or Represent tive to attend meting: Present Zoning: Proposed Zoning: rt subrutted: , Reason for Requedt: n•-\ C..6")-) v\-1 Approved: Renarks: e9--c-uzsz 6LL S T)hi1 �-C- - 02 Not Approved: Ren-rks: Borough Assembly Approvrl: Remarks: -- z / - pz LLSe C . 6 0 April 30, 1967 Mr. Mervin Brun, Superintendent. Crab Cannery, Kodiak Whitney-Fidalgo Seafoods, Inc. Box -304 Kodiak, Alaska 99615 Dear Mr. Brun: fl. This is to inform you that at their meeting on April 26, the Planning & Zoning Commissiondenied'your request for an edeptidn' _ . to use theGBbuildings. Even ifit-were legally possible under the BoroughZoning Ordinance to grant this exception (which it is not), Omission for the use of these buildings for any definite periodof time Tor any purpose could not be granted by thisor an other body because the general condition of the buildings with regard to safety may warrant their condemnation. Yours very truly,' J. L. Stansbury, Building Inspector JLS/sh Enc. II ROLL CALL Present Absent Arne Hansen, Chairman RusslWilliams (excused) John Waller ' 1 JOhn Weich I Also present: J. L. Stansbury, Building Inspector; audience III MINUTES OF PREVIOUS MEETING - April 12, 1967 and 7 people in the Mr. Waller moved, seconded by Mr. Welch, that the minutes be approved as .presented. Motion carried by unanimous. voice Vote. IV OTHER MINUTES A. Assembly - 4/2C/67 B. Joint Assembly and P&Z - 4/24/67 C. Ordinance Committee - 4/25/67 There were no comments. V CORRESPONDENCE - PEOPLE TO BE HEARD A. Letter from Whitney-Fidalgo Seafoods, Inc. re CB Units, Townsite Blk 1 Lots 7 and 8 (CAse 127-B). Letter was read requesting use of the CB units to house cannery workers for five years. It was noted that Mr. Brun of Whitney- Fidalgo had telephoned and asked that the request be discussed even though,he could not be present. He also wished their statement that they would conform ; to the Kodiak building code to be stricken from the letter. A previous letter from Mr. Stansbury to Wbitney-Fidalgo, explaining why the buildings could not be used, was read. The Commission had previously concurred with the contents of this letter. The use proposed for the CB's is a non -conforming one, since the zoning is R-2, and the Commission agreed with Mr. Stansbury that the work done on them was more than normal maintenance. Mr. Stansbury reported that the majority of the work has already been completed. He has issued a stop work order and has condemned Building No. 1. If the building is not torn down in 90 days, a suit will be brought for the removallof the building. Mr. Stansbury intends to condemn the remaining buildings as they become vacant if they are also found to be unsafe, as he is doing with all similar buildings in the community. Mr. Stansbury recalled that Hopkins Construction Co. had also spent considerable time and money in planning a cannery worker's dormitory for these same lots, but that the Borough Attorney had Advised that no excep- tion could be granted in an R-2 zone for any other type of residence. The Commission concurred that no exception could be granted in the current case. Mr. Waller moved that the request be denied. Motion seconded by Mr. Welch and carried by unanimous voice vote. VI PUBLIC HEARINGS A. Request for Exception to Build, Store and Sell Crab Pots in Unclassified Zone USS 3100 Lot 6B - Ted Olafson (Case 174-A). Mr. Wallerimade a motion, seconded by Mr. Welch, that the exception be approved. The meeting was recessed and the public hearing opened.. Mr. Olafsonstated that he would keep the pots back off the street. Mr. Duros spoke against the proposed exception. He said that there are some very nice holes in the area and that it is -discouraging if such a business were to be allowed in the neighborhood, pnlesE it could be done in a proper manner with a fence to Obscure the view of the crab pots. But he didn't feel that such an arrangement could be effectively policed. A gentleman who lives next door to the lot stated that he has spent considerable effort clearing off his lot, and.he felt this business would detract from the appearance of the neighborhood. He also ' felt that the welding might endanger his children, or that ifthewelding were done inside the building, it would be a fire hazard. There were no further comments, and the hearing was closed and meeting reconvened. Mr. wager commented that it would be better to put thislpudiness into an area zoned for light industry, rather than in this neighborhood which is primarily residential. After further discussion, the motion to approve the, exception failed by unanimous roll call vote. Mr. Mervin Brun., Supe Crab Cannery, Kodiak Whitney--Fidalgo Seafooc Box 304 Kodiak, Alaska99615 Dear Mr. Brun: Inc.. Thank you for yourletter of April 20. Please be advised that I have put your request - on the Planning & Zoning G oninlssion-agenda for their • meeting of -Weclnes , April 26, at 7:30 p .in. in the .Courtroom at . the Donnelley Building° Your attendance, or that of your repsenntaive, will 'be required, at the meeting. WHITNEY -FIDALGO SEAFOODS, INC. 2360 WEST COMMODORE WAY P.O. BOX 99008, SEATTLE, WN. 98199 TELEPHONE (CODE 206) AT 2-8666 CABLE ADDRESS "WHITNEY" Bax 304 Kodiak, Alaska 99615 Kodiak Island Borough Planning & Zoning Committee Kodiak, Alaska Dear Gentlemen: tiro pm 7,8,90701,1211.123,4i516 islz B° fi 1., A i () April 20, 1967 With the recommendation of the Planning and Zoning Committee, we would like to repair this CB#1 along with the rest of the CB Units to make them safe and livable for a five year period. We would conform to the building code of Kodiak. We would appreciate a five year perm, since we are just getting our plant ready, and we plan on working the year round. The housing short— age in Kodiak has forced us to buy these units. As you know, people working two to three days a week, cannot afford paying a high rent. We have these units rented low to meet the wages. We would appreciate any kindness you can give at this time. Thank you for your time and consideration. MB:dk CC: J.J. Lind Sincerely yours, Mervin Brun, Superintsndant Crab Cannery, Kodiak 4/.24- mh. &- Qs s 801; CitAil 640E- 1.0.0-La4 cag)szai. ce4opi4., C.ocl.c aB sem( March.30, 1967 'Mr. Donald L. Johnson - - Bogle, Gates, Dobrins Wakefield & Long 14th Floor, Norton Building Seattle,. Was tit n 981.04 Re: Whitney.-Fadalgo Seafoods -- Dear . Mr.. Johnson: Please be, advised that -the five skid shacks locate& on this-: property were moved onto this site over 25 years -ago and are sub -standard -construction with improper foundations . • They fail to meet the - nts of the UTniform Lui Code or the, Housing Code -adopted by the' City of Kodiak. T buildings have never been painted previously, and it is my opinion and that of the Planning adn Zoning Ca nission that, we do not consider new. plumbing and fixtures, new. cabinets • _and general remodeling to -be normal maintenance. I am enclosing a page of the Borough Zoning Or+dir ce coverir existing uses.. You should also be aware that we: could condom these buildings, but because of the- cr tical housing Shortage • - we are. trying to eliminate such:sub-standard buildings as they, become vacant 'to avoid displacing anyone. ' JLS/sh: Enc. Yours very truly,' J. L. :Stansbury Building .inspector City of Kodiak/Kodiak Islard° Borough Me 'reefing was Callea to oraer at f:ju p.m. in tne magistrate's Courtroom Donnelley Building, Kodiak, Alaska, by Chairman Arnold Hansen. • II ROLL CALL Present Absent Arnold Hansen, Chairman None Henry Breckberg John Waller John Welch Russell Williams ALso present: Jim Stansbury, Building Inspector; and 1 III MINUTES OF PREVIOUS MEETING -,March 8, 1967 person in the audience. Mr. Williams moved, seconded by Mr. Breckberg, that the minutes be accepted as presented. Motion carried by unanimous voice vote. IV OTHER MINUTES A. Assembly - March 16, 1967. ThereWere no comments other than those which .... ' were scheduled to be taken up up under o 1.1 d busiv,vis. V CORRESPONDENCE - PEOPLE TO BE HEARD A. Letter from Building Inspector to Mervin Brun re C.B. Buildings. Mr. Stansbury reported that he had redeived a letter from an attorney for Whitney-Fadalgo Concerning his instructions to stop work on the C.B. buildings which they were repairing to be used as dormitories for cannery workers. Mr. Stansbury is of the opinion that the work being done was beyond normal maintenance, and since the buildings are in an R-2 zone, the ordinance forbids their being upgraded for a use other than a two-family dwelling. The intent of this section of the ordinance' is to eventually eliminate all non -conforming buildings. The ordinance was reviewed. It was pointed out that Whitney-Fadalgo was aware of the zoning when they purchased the property. There was considerable discussion as to where the line should be drawn between normal maintenance and the intent to up -grade non -conforming buildings. Mr. Waller moved, seconded by Mr. Breckberg, that the letter and actions of the Building Inspector be upheld by the Zoning Commission. During discussion, Mr. Stansbury reported on other building condemnations which are pending at this time. Motion carried by voice vote as follows: Mr. Hansen - Yes; Mr. Breckberg - Yes; Mr. Waller - Yes; Mr. Welch - Yes; Mr. Williams - No. The Commission agreed that the ordinance should be upheld but Mr. Williams questioned this portion of the ordinance. v7/I PUBLIC HEARINGS - None VII ZONING ITEMS - PRELIMINARY REVIEW A. Request for Exception to Build Radio Transmitting Tower and Site in Unclassified and Conservation Zone -- USS 1682 - Midnight Sun Broadcasters (Case 173-A). Application letter and other correspondence was read. The ordinance was reviewed and it was found that radio transmitters could be permitted as exceptions in certain zones after proper notice and public hearing if approved by the Commission. Mr. Stansbury stated that the Midnight Sun representative had told him that FAA approval must also be obtained for the tower. Er. Breckberg felt that FAA approval should be obtained before an exception is granted. It was agreed that FAA should also be notified of the hearing time. Mr. Waller made a motion, seconded by Mr. Welch, that a public hearing on this case be held at the next regular meeting on April 12. Motion carried by unanimous voice vote. VIII SUBDIVISIONS - PRELIMINARY APPROVALS - None IX SUBDIVISIONS - FINAL APPROVALS - None LAWRENCE BOGLE CASSIUS E. GATES OF COUNSEL EDWARD G. DOBRIN CLAUDE E. WAKEFIELD STANLEY B. LONG FRANK L. MECHEM DONALD E. LELAND ROBERT W. GRAHAM CHARLES F OSBORN EDW. S. FRANKLIN TOM M. ALDERSON THOMAS L MORROW ORLO B. KELLOGG MAX KAMINOFF ROBERT V. HOLLAND J. TYLER HULL ARTHUR G.GRUNKE M. BAYARD CRUTCH ER RONALD E. M.KINSTRY EDWARD C. BIELE RICHARD S. SPRAGUE IRWIN LTREIG ER PAUL W. STEERE ROBERT A.STEWART LAW OFFICES OF' BOGLE,GATES,DOBRIN,WAKEFIELD St LONG I4TH FLOOR NORTON BUILDING SEATTLE 98104 MUTUAL 2-5151 CABLE ADDRESS AREA CODE -206 "BOGLE SEATTLE" Mr. J. L. Stansbury Building Inspector City ofKodiak Box 685 Kodiak, Alaska 99615 March 23, 1967 GEORGE E. CON STABLE DONALD L. JOHNSON DUSTIN C. M.CREARY DON PAUL BADGLEY JOHN P. SULLIVAN EDWARD G. LOWRY, III RONALD T. SCHAPS YANCEY RESER THOMAS J. M. KEY PETER D. BYRNES EDMUND B.RAFTIS GERHARDT MORRISON WILLIAM L. PARKER PHILIP K.SWEIGERT DWIGHT L. GUY DAN P. HUNGATE JOHN C.COUGHENOUR Re: Whitney-Fidalgo Seafoods - Knudsen Property Dear Mr. Stansbury: Your letter of March 15, 1967 to Mr. Brun has been referred to us, as counsel for Whitney-Fidalgo Seafoods. Our clients recognize that the structures involved are in the nature of a non -conforming use. However, the work being done on the buildings is intended as work in the nature of maintenance work reasonably necessary or advisable to allow the buildings to continue to serve as adequate and habitable structures. It has been our clients understanding that such work, as distinguished from work essentially in the nature of an addition or substantial improvement, is permitted. A representative of Whitney-Fidalgo Seafoods will be glad to meet with you upon request to explain the:details of the proposed maintenance work and to satisfy you that the con- templated work is in the nature of maintenance. { \` BOGLE, GATES, DOBRIN, WAKEFIELD & LONG Mr. J. L. Stansbury March 23, 1967 Page2 If you remain of the opinion that even maintenance work is not possible, we would appreciate.being furnished with a copy of the applicable city ordinance or other authority upon which your office relies, in taking such a position. Thank you for your assistance and consideration. Very truly yours, BOGLE. I GATES e. DOBRINJ WAKEFIELD & LONG cc Whitney-Fidalgo Seafoods, Inc. Office' .of:'the Building Inspector iEGISTERE1-ETU' `RECEXP' ear' fir.: Brunt it has, been brought to our attention that you are in the process of up -grading the buildings ops; the property, which ;'.yo company purchased from. ! r., Emil Knudsen. ~ If you will recall: I notified 'you that this property was zoned R-2 and .the C.D. Buildings ware a non -conforming ;use. I : also informed both .of you and the .previous owner that nothingcould be, done to add to the, life .of::the. .'structures, nor, could. any im- provements made.: I am enclosing a copy :of ' a letter sentto the *realtoa . so, .that you may be informed that the 'status' of the property ,ras known at, ;thetime, of:. saleo.: Please. consider . this, cis until the matter can` be`. a n.oti c&' to stop' work a�n ; said propo resolved * by your right . to . appa cal o. - XI you choose to appeal this. stop work order, I suggest that you write a letter to the Planning and Zoning Commission stating your wishes regarding this g,ropw t,r Very . truly: yours:, CITY OF KODIAK`, reference to your inquiry :;about the ,possibility of .improving ate 'adding to the property owned by Iva*. Exni:1 Knudsen on Mission .Road, p]e ase ;be.advised that this area is presently zoned R=2'"_:'er two families per :lot . The Sea -S units and bui i_ that ,exist. are under"- grandfather` rights, however, I they are nen- co3a:forming to the zoning ' ani „therefore notcazi be . done mprove-'_them or in any way acid: to the-.1ongeva.ty ', For: your information, the Zoning Commission is preseutiy in the process of trying to change the a. ea in questi.en to Buiness. Mr. Knudsen .will be receiving ,notice of public he' ng on this proposed change very shortly;: If the wea is ch ed to Business, it would then be, possible to . put. x ,� = over a business.