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.