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KATMAI RIDGE LT 6 - RezoneKODIAK ISLAND BOROUGH Case No., PLANNING & ZONING REQUEST APPLICATION Date 250-A 10 August 1971 Final Disposition Application Fee Paid Remarks Type of Request rezoning APPROVED Description of Land: Addition Killarney Bills Subdeurvey No. Block 1 Person Submitting Application Donald Arndt Lots 1 - 8 Mailing Address P. O. Box 2338 - Kodiak, Alaska 99615 Covering Letter Submitted YES Plat Submitted NO Person or Representative to Attend Meeting Present Zoning Proposed Zoning R-2 R-3 Reason for Request to build multiple housing units on the lots. Approved Remarks approved by P & Z on August 25, 1971 Not Approved Ramarks Borough Assembly Approval Remarks October 7, 1971 - by Ordinance 71-12-0 KODIAK ISLAND,BOROUGH- ORDINANCE'NUMBER 71-12 OR©INANCE'REZONING LOTS ONE- (1) -THROUGH BLOCK ' ONE,` . (1) ., KILLARNEY'HILLS -FROM:' •R2 TO R WHEREAS,- AS-07.15.346'empowers the Borough. to enact Zoning Ordinances and provide for their admi.nistration, enforcement and amendment,'and WHEREAS, the Kodiak Island Borough has pursuant ereto adopted Chapter .5 of, its ,Code . of -Ordinanced-and Resolutions, which provides for Planning and .Zoning Provisions and Procedures', and ' WHEREAS,,, according to,the comprehensive Planning ',and Zoning ' Map adopted by the Kodiak Island •Borough, Lots Killarney 'dills 'One (1) through ,Eight (8) has been classified as R2 'and. WHEREAS, a Petition 'has.been received from DONALD ARNDT, stating that he is negotiating for the purchase. of these lots from the Catholic Archdiocese of Anchorage and the purchasehinges on these lots being rezoned from R2 to R3,: and in the Petition the Petitioner states that this area lendsitself much better tomultiple dwelling„types rather than duplexes, as the lots are in various sizes from 9,750 square feet to 2-1/2 ,acres and are `served by sewer and water, and - - WHEREAS, on the• 24th day of, August, 1971 Kodiak Island Borough Planning and Zoning Commission held a public hearing on said request, after which they recommended reclassification of this property from. R2 to R3 and, there were n© objectionsvoiced at the public hearing to reclassification, and it` having been determined that the' public necessity, convenience and good zoning.. practice requires such reclassification. 'NOW, THEREFORE, BE -IT ORDAINED by.,the'Borough. Assembly of the Kodiak Island :Borough that:the property known and described as Lots One (1) , through Sight—(6 Block One `(1) , Killarney' Hills; now classified as R2, be • and the same is hereby, reclassified as R3, and that notice of this Ordinance be given by publication in the .'Kodiak Mirror seven (7) days prior to the second reading and that a public" hearing, be held thereon on the date of the second reading and that this Ordinance become effective at the expiration of thirty, (30) days after its adoption. KODIAK ,ISLAND- BOROUGH Presiding Officer,' ATTEST: C e FIRST READING AND APPROVAL DATE:. September 2, 1971. SECOND READING,` PUBLIC HEARING AND PASSAGE" DATE 6C9 2 2,747:/ EFFECTIVE DATE 4v 9% Page Two, ORDINANCE NO. 71.1.2., KIB ASSEMBLY MEETING - MARCH 2, 1972 Page 3 time the Bond Election results would be known. Now that the Bond Issue has passed the School Board requests that authorization be given to the architect to complete the final 50% of the design. Money is available under PL 207 funds to meet this cost and can be replaced from the bond sale. Mr. Clowes moved that the Borough not commit any funds until the bonds are sold or when reach the point that they are assured of being sold, seconded by Mr. Brechan. During the discussion that followed it was pointed out that the reason for the authorization of the completion to the 50% stage was to gain another building season and to be better prepared for this upcoming -season, to wait longer would mean that the cost of construction would go up, Mr. Greene stated that he had a letter from Bob Issac in Juneau to confirm that the funds are available if in fact the construction is to be done. Mr. Clowes noted that the Borough could not authorize the expenditure of money without an Ordinance; others pointed out they were reluctant to authorize money that we did not have. The.question was called for on the motion and failed by tie vote as follows: Mr. Arndt - YES; Mr. Brechan - YES; Mr. Clowes - YES; Mr. Sims - NO; Mr. Sutliff asked if the weighted vote could be used and upon an affirmative answer from the Clerk - stated he was using the weighted vote and voted NO. Mr. Greene commented on the work sessions that have been held with the Borough Assembly and School Board and noted that everyone has worked hard to stay within the limit set by the Borough on the cost of the school. The money is available under PL 207 for interim financing and that this can be used for the completion of the design in order that the bids may be put out for this building season. Mr. White, Borough Chairman, stated he could not recommend the expenditure of money at this time as there are other problems in the community. These have to be taken into consideration and he would not reconn end anything that might possibly place the community in jeopardy. Any commitments made prior to the sale of the bonds might have an adverse effect on the saleability of the bonds. Mr. Sims moved that the Superintendent of Schools be instructed to write for the money (POL.. 207).with the provision that however much is used for interim finance will be replaced by the Bond Sales. That Mr. Crittenden be instructed to go ahead with the design as discussed at the February 28th., 1972 meeting; seconded by Mr, Arndt. Mr. Greene asked for some assurance that the school` will be built. The question was called for and the motion passed with the following roll call vote: Mr. Arndt - NO; Mr. Brechan - YES; Mr. Clowes - NO; Mr. Sims -- YES; Mr. Sutliff -• YES. Nr. White noted that he would be opposed to starting the ground work or putting out the bids until the bonds have been sold as would be an injustice to the community. Mr. Clowes again asked about the legality of authorizing the expenditure of money without an ordinance, the other assemblymen were in agreement that the Borough Clerk should check with the Borough Attorney on this matter. F. Letter from Local Affairs re Attorney General's Opinions, read in full by the Borough Chairman, setting out the proper'- channels for securing an opinion from the Attorney General's office. Mr. White noted that this may have been received as a result of seeking an opinion concerning the Hospital. The Nuns have stated that they will not allow abortions to be performed in the hospital and an opinion is being sought concerning the manner in which this should be handled, Mr. White further noted that the letter of request will be sent through the proper channels. G. Letter from ABC Board re Renewal of Retail License and Beverage Dispensary License for Daniel and Mona Ennslin (owners) and Bobby H. &Genevieve A. Food (leasors) dba Rendezvous, Mile 11, Kodiak. Mr. Brechan moved that the Borough voice no objection to the issuance of the license, seconded by Mr. Clowes,. Motion passed by unanimous roll call vote. Letter from Archdiocese re Rezoning Of Killarney Hills Block 1. Carol Maser of Metcalf Realty of Anchorage and representative of the Archdiocese wrote a letter requesting that the rezoning be reconsidered. She called Mr, Leon Johnson and asked that he attend the meeting as she was unable to come to • "" KIB ASSEMBLY MEETING - MARCH 2, 1972 Page 4 Kodiak, Mr. Johnson noted that the reasons for asking that the rezoning be reconsidered is that the notice of public hearing was mailed to the Kodiak address and that Mr. Arndt had an option to purchase the land but was not the owner in fact. Mr. Arndt does have a deed of record and it has been recorded. Mr. White did not have any recommendations but suggested that this be referred to the Borough Attorney. The Assembly was in agreement with this course of action. Mr. Arndt also stated that he would contact Mrs. Maser by telephone and see what could be done, VI PUBLIC HEARING A. 2nd Reading and Public Hearing Ordinance No. 72-5-0, read by title as copies were distributed to the members of the audience. The Clerk Treasurer explained the reason for the new ordinance, noting that there had been one change to the school budget for transfer of funds for building rental and another requested for purchase of mobile unit. These changes along with the change of account numbers were set forth in the new ordinance. It was noted that there are no changes in the amount of funds for each account. Mr. Sims moved for adoption of Ordinance 72-5-0, seconded by Mr. Brechan. The regular meeting was closed and the public hearing on the ordinance opened. In answer to several questions from members of the audience it was noted that there have been no expenditures made against the Assemblyman Travel account and that the snow removal budgeted item is for the contracted service to remove snow from the hospital and school driveways. The public hearing was closed and the question called for: motion passed by unanimous roll call vote. Mr. Sims noted that there were three corrections to make on the budget copy Account 145.04 should read $350.00 rather than $500.00 and the account numbers for Revenue Sharing and General Taxation were reversed. It was so noted and so corrected. VIII OLD BUSINESS A. Resolution No. 72-3-R Support of Passage of House Bill 292, read in full by the Borough Chairman, noting that the Borough Assembly of Kodiak goes on re- cord as being in support of House Bill 292 an act relating to community health centers.Mt..Ereddiamoved for adoption of Resolution No. 727,3-R, seconded by Mt. Sims. Motion passed by unanimous roll call vote. B. Resolution No. 72-7-R Support of Secondary Road #428 Between Dillingham, King Salmon, Naknek to point on Pacific Side of Alaka Peninsula, read in full. Mt. Brechan moved for adoption of Resolution 72-7-R, seconded by Mr. Clowes. Mr. Sims noted that the object was to have the terminus in an area that would benefit Kodiak and requested that the motion approve the Resolution with an addition: that the terminus be a deep -water port in the Shelikof Straits in the vacinity of Kukak Bay or Geographic Harbor. The motion was so amended with the approval of the second. No objections voiced, the Chair so ruled, resolution was approved. C. Resolution No. 72-8-R Establishing Afognak as Primarily a Recreation Area, read in full by the Borough Chairman, Mt. Clowes moved for adoption of Resolution No. 72-8-R, seconded by Mr. Brechan. Mr. Brechan asked that some background be given on this resolution. It was noted that during a meeting at the Harbormaster's building it was almost unanimously voiced that the people of the community feel that the recreation area would be of more benefit to the community than sale of timber. This area is within the area that could be selected by either the City of Port Lions or Ouzinkie and them could be sold by the Native AssoCiation for timber. Felt that the Borough should take a stand on sale of timber now. The question was called for and motion passed by unanimous roll call vote. D. Resolution No, 72-10-R Supporting House Bill 489 State Aid to Tourism and Opposing House Bill 544 Relating to Financing of Local Schools, read in full by the Borough Chairman, Mr. Sims moved for adoption of Resolution No. 72-10-R, seconded by Mt. Brechan. No objections voiced it was so ordered by the Chair. E. Resolution No. 72-11-R Adopting Interim Basin Water Quality Management Plan, read in full by the Chairman, noting that this was in accordance with the Comprehensive Plan and supports the plan adopted by the City. Mr. Brechan moved for approval of Resolution No. 72-11-R, seconded by Mr. Arndt. So ordered. PHONE 272-2501 'Vk 239 EAST FIFTH AVENUE Feb. 29, 1972 Wilton White, Borough Chairman Kodiak Island Borough Assembly Kodiak, Alaska 99615 ANCHORAGE, ALASKA Dear Mr. White, I am requesting that Ordinance 71-12-0 re: Lots 1 through 8 Blk. 1 Killar- ney Hills Subdivision be reconsidered. 1 n representing Archbishop Joseph T. Ryan inthis matter. This zoning change came as a complete surprise when we learned of it on a trip to Kodiak in January. It seems that the notice of the hearings were sent to the church in Kodiak when indeed they should have been sent to the Archdiocese address here in Anchorage. We would hope to develope the remainder of the Killarney Hills Subdivision in an attractive and orderly manner and Mr. Ecklund is in the process of helping me with the redesigning before we bring it before the Planning and Zoning Commission. Wizi feel that an R 3; zone will make for too heavily pop- ulated an area. Also, being that near the school any large concentration of people would create many hazards, traffic being one of the most obvious. When we are able to submit a newly platted subdivision for approval it will include subdivision restrictions which 1 hope will be a definite asset to your community. In fact, I hope it will be the most desirable in Kodiak. We would appreciate any and all efforts in our behalf toward having this piece of property revert back to the previous R 2 Eoning. REALTORS MI= P,ADS ocliak Island Borough KODIAK, ALASKA Sincerely, Carol Maser, Associate Broker RECEIVED .MAR - 1 i9i2 AM PM Ii819410111112919213141516 A HOMES FARMS • BUSINESS OPPORTUNITIES INSURANCE W010f141: MWTUIF 41), RIALWAH ,P'OKLES PHONE 272-2501 • 7.4,10 -t -f`'' 245 EAST FIFTH AVENUE Feb. 7, 1972 lacn7lu and Zoning Commission BoKodiak, Alaska 99615 Dear Sirs, ANCHORAGE, ALASKA On a recent trip to Kodiak we were surprised to find that a zoning . change had been made on a portion of the Killarney Hills Subdivision. I am representing the Catholic Archdiocese of Anchorage in this mat- ter. It seems we were not notified ,of the proposed change because -the notice of hearings were sent to the church in Kodiak instead :�i the Archdiocese address here in -Anchorage. We would like to protest this change since.we do intend to continue to,develope this subdivision but the R3 goning is not -in accordance with an attractive and orderly developement-in our opinion. Our new submission for approval is just being designed but it will include subdivision restrictions which we feel will be a definite asset to your community. We are in full accord with your department and its aims. Can you please inform me as to what would be required in order to properly protest this zoning change and if possible to reverse this ion? 1.. REALTORS AatAtTAl Data.' HOMES Sincerely, FARMS • BUSINESIal r • INSURANCE qh 7/-A,47 STATUTORY -WARRANTY DEED 7400.1%2''' • rlii's The Grantor, COEPORATIONOF THE CATHOLIC ARGHEISHOP OF ANCHORAGE, a reliejous corporation sole, aronlzed under the 1,-'s of the Stace of Alaska,- for and ifl consideration of rhe s-za of TEN DOLLARS (SIG) and cchcr-good and valuable consider - can in hand paid, conveys ane warrants co DONALD J. AnrDT, a married man, and co his heirs and a.ains Forever, the follow- ing described real cscatc situated in the State of Alaska, to ''i C: Lots Onc,(1), Two (2), Three (1),71:1: (4), Five: (5), Six (6);' Seven (7) and Eight (7 r Elock One (1) of KILLARNEY HILLS SUEDIVISION, ae:-Oiog to the official plat thereof, filed under Plat .or 63-13, Records of the Kodiak Recording District, Third Judicial' District, State of Alaska. Subject to the rights and resorations in patent to , said land expressed and subject also to existing easements for poor, light,or other utilities or to encroachments or restrict- ions ascertainable by physical inspection of the premises. !KOPID. FD this 1st day of December -, 1971. VZ EATF. ,/1 -9 -?7" ,M1 3 0,, -eAf **I—STATE-OF A5.6. THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this 1st day of December , 1971, before me, the undersigned, a Notary Public in and,lor Cho State of Alaska, duly commissioned and sworn as t',:ch, personally. appeared Tosn'ohT.Ryan to me kLewn and to me known 10 bS, Ps•-Pt'd7.;3512,-wtkg mir-k1}851,”tr oprLAnchora documeatgiiid-wha ac'ihoillZ'agad ½th mc thilt he wZs-iita duly author- "; ized person to execute the above and foregoing instrument sad that ho did so as his own free act and deed for the uses and purposes therein mentioned. IN WITNESS WHEREOF, I have set my hand and official seal the day and year first hereinabove written. CORPORATION OF.THE CATHOLIC ARCEDISHOP OF ACKLi,.ACE, a religious corporation sole By: Roma, 4 Toansa00, Lowe. 0 Ca,. sax a IFTRIAT . Pne..11.41.:2 44."0.4A SS. 4 Notary Public in nnegior Alaska Hy comzission expires: Oct. 8, 1975 • Notices were mailed to the Catholic ARchdiocese of Anchorage at the Kodiak Address because this was the address carried by the Assessing Department on the property cards until 2/2/72 at which time theaddress was changed to the Anchorage address at the request of Mrs. Carol Maser, Metcalf Realty. Mr. Donald Arndt P. 0. Box 2338 Kodiak, Alaska 99615 October 11, 1971 Dear Mr. Arndt:, This is to advise -that the rezoning request submited for Lots 1 through 8,.Killarney Bills Subdivision was approved at the last regular Borough Assembly meeting. This approoal.was given by passage of ordinance Number 71-12-0, effective date w1.1.be November 7, 1971. . Very truly yours,. •moi , ,f';, Borough Clerk Treasurer Pd M/nlh KIB ASSEMBLY MEETING - OCTOBER 7, 1971 Page 3 Mr. Lindholm will pay an annual rental of $465; total estimated valuation of improvements stated as $100,000.00. Mr. Lindholm's deposit has been received and the bid is in order, The Clerk noted that no other bids have been received for this particular parcel of land. Mr. Sims moved for acceptance of lease bid by Mr. Lindholm for Lots 24, 25 and 26, Russian Creek Alaska Subdivision, seconded by Mr. Arndt. In answer to question concerning the transfer of this lease, the Borough Attorney Mr. Madsen noted that there is provision for such transfer but the transfer must have the prior consent of the Borough Assembly. It was noted that the leases will contain the clause that the leases shall be subject to the acquisition of good and valid title to said land by the Borough free and clear of all claims which may be levied against it by the Alaska Native Land Claims Bill now pending in Congress. The question was called for and the motion passed by unanimous roll call vote. The second parcel of land, Tracts H & I, Russian Creek Alaska Subdivision received two bids: (1) Submitted by Mr. Eugene Brasie, annual lease bid $395, total estimated valuation of improvements $104,000.00. The development plan was read calling for site improvement and situation of residence, construction of Steak House/Cocktail Lounge and later construction of ten -unit Motel. (2) Submitted by Partnership consisting of Fred Street, Harold Sargent, R. Welborn and Ray Hickman, annual lease bid of $1,580.00, total estimated valuation of improvements $170,800.00. The development plan called for 22 Unit Trailer Park, 19 Unit Camper Park, 1 Trailer Sales Yard, 1 Concrete Block & Frame Store/Cafe,' 1 Concrete Block & Frame Bathhouse & Laundry. The Borough Clerk read the Ordinance setting forth the requirements for submittal of development plans and the criteria for approval of the leases. Mr. Brasie was in the audience and stated that his proposal was based on what he honestly felt could and would be accomplished on the land. Mr. Street was also in the audience and noted that the annual lease bid was what they felt the land was worth and that they expected to meet all the requirements as stipulated in the ordinance. After a lengthy discussion on the two bids, Mr. T. T. Jackson moved to award the bid to the partnership consisting of Mr. Street, Mr. Sargent Mr. Welborn and DIckMan „ for Tracts "H" & "I" of the Russian Creek Alaska Subdivision, annual lease in the amount of $1,580 -, 20% 6f the appraised value, seconded by Mr. Sims. In making this motion Mr. Jackson stated that he believed this to be in the best interest of the community and that the people involved will start'the building quite quickly and then the Assembly will know what can be developed in the area. This building will benefit a cocktail lounge and Mr. Jackson noted that there is a lot of land in the area for such development. The Clerk again noted that the basis of selection is not the annual rental bid but the development that would best benefit the community. The question was called for and the motion passed by unanimous roll call vote. The regular agenda was continued at this time. VI PUBLIC HEARING A. 2nd Reading and Public Hearing Ordinance No. 71-12-0 Rezoning Lots 1 through \I 8, Killarney Rills from R-2 to R-3, read in full by the Borough ChEirman. Mr. Sims moved for approval of Ordinance No. 71-12-0, seconded by Mr. Jackson. The regular meeting was closed and public hearing opened. There being no comments, the public hearing was closed and the regular meeting reconvened. The question was called for: Mr. Arndt noted that he had an interest in this rezoning. The motion passed by unanimous roll call vote. -_, VII PLANNING & ZONING ITEMS A. Resolution No. 71-28-R Authorizing Execution of Deed for Conveyance of Lot 17A, Block 3, Leite Addition to the City of Kodiak, read in full by the Borough Chairman. The City has requested this lot for installation of sewer facilities underground and have indicated that once the utilities are installed October 6, 1971 Catholic Archdiocese of Anchvvage P. O. Box 725 Kodiak, Alaska 99615. Gentlemen: hold apub o advise you that the Borough Assembly will • on_ -the . following Ordinance : ' ; ' Ordinance No..71.12-0 rezoning Lots 1"through 8, Block 1, Killarney Kills Subdivision from present zoning ' of R-2 to R-3.. ; ,All interested -parties will be givenan opportunity to, be heard on the above ordinance. After the public hearing the Assembly may either pass or _reject "the - Oinance.. with or Without, ainendments., • Russell M. Walker, . Public Hearing date: October 7th„ 1971 7:30 P.M. - Courtroom, State Office Bldg. UNITED STATES OF AMERICA SS: State of Alaska ORDI , ALL CITIZENS 'AND, Vipt-; ERS of the KODIAK ISLAND BOROUGH, Third Judidial Distriet, State of Alasks„ are hereby notified that on the 7th day of October, 1971., at 7:30 P.M. in the Courtroom of the State Office Biiilding, a public hearing will be held Orl a priapoed Ordinance designated ag: ' • ORDINANCE NO. 71-12-0 Rezoning Lots One (1) 1 Through Eight (8); Meek One (1), Killairriey Huis Prom R-2 \-tO'- R-3, Don Arndt, (Case 250-A) All interested persons shall 'ihave an opportunity tobe ,heard an f erstile hearing. he BOTO! 1 • •i will d - ad 0 it blishers Affidavit `‘017411 I S. Wayne Kotula, being first duly sworn, depose and say: I am editor and publisher of the Kodiak MIRROR, a daily newspaper published at Kodiak, Third judicial Divi- sion, State of Alaska, and that the annexed printed notice was published in said news- paper in issues of the following dates: Sept. 30, 1971 S. Wayne Kotula SUBS CRIBED and SWORN to before me this day of ,c-'?, 1924. _ NOTARY of of Alaska. My Commission expires LIC in and for the State KODIAK ISLAND BOROUGH ASSEIIPY METING - SEPTEMBER 2, 19--) Page 2 VI PUBLIC HEARINGS - NONE VII PLANNING & ZONING ITEMS A. Resolution No. 71-23-R Changihg. or Renaming Certain Streets Within the City' of Kodiak; A background resume was given by the Borough Chairman, noting that the City and Historical Society have been working on the names of streets in conjunction with the house numbering project. (Mr. Jackson arrived). The Resolution was read in full by the Borough Chairman. Mr. Sims moved for adoption of Resolution No. 71-23-R , seconded by Mr. Arndt. Motion passed by unanimous roll all vote,, Mr. Sims requested that the members of the Assembly receive all resolutions and information prior to the meeting time; the Clerk noted that this will be done in the future. B. First Reading Ordinance No. 71-12-0 Read in full by the Borough Chairman. The minutes of the Planning & Zoning Commission were read concerning this rezoning (I and the request for the change from R2 Zoning to R3 Zoning to allow for multiple family dwellings. Mr. Jackson moved for adoption of Ordinance No. 71-12-0 in the First Reading, seconded by Mr. Sims. Motion passed with a unanimous roll call vote; Mr. Arndt noted that he had an interest in this Case. VIII OLD BUSINESS A. Discussion and Determination of Selection of Land within the Chiniak Area. The Chairman explained that this was basically the area for the School; after correspondence with the Division of Lands and setting forth the circumstances that office has indicated that the Borough could make a selection of the ten acres required for a school without selection of an entire 64o acres parcel. Further noted that in order not to become involved in litigation the Borough should proceed with the selection on the ten acres only. Other lands could be considered for selection at a later date if the Assembly so desired. Mr. Arndt moved to direct the Borough Chairman to proceed with the selection of ten acres at the site now designated for location of the school in Chiniak, seconded by Mr. Jackson. The Borough Chairman noted that Mr. Roy Ecklund has been asked to draw up a map of the area, locating the buildings, water and sewer systems. Mr. Sims asked that a check be made concerning the Air Force commitment for supplying a school building. The present Commanding Officer of the Chiniak Tracking Station was present and indicated that the Air Force could not supply a building and that the present building on the Tracking Station had been condemned and could not be used by the children. He indicated that he would do everything possible to assist the School District in their application for Public Law 815 Funds for the building of the necessary school in Chiniak. The Engineer has surveyed both the present school site and the proposed site and felt that it would be best to move the school and cheaper to relocate than rebuild on the present site. The question was called and the motion on the selection of the school site was passed by unanimous roll call vote. The Borough Chairman noted that a letter had been received from the School Board that a motion had been passed to have the Borough proceed on the site work for Chiniak School. This is to advise that Roy Ecklund is doing survey at this.'time, The cost for the installation and site work would be $22,000 which will be taken' from the downtown school fund, capital reserve. Mr. Sims moved that the Borough go ahead with the necessary site work and movement of the relocatables to the new site with the $22,000 being taken from the capital reserve from the downtown school sale and to request that Mr. Greene proceed with his request for PL 815 Funds to replace these funds, this will include the cost of the site preparation and the cost of the relocatables, seconded by Mr. Arndt. Motion passed by unanimous roll call vote. The Borough Chairman noted that the engineer has been authorized to proceed and will be checking to see that the proper work is done. The completion is expecte4 within thirty days. B. Resolution 71-24-R Authorizing the Execution of a Correction Deed by the Borough Chairman and Borough Clerk to Correct an Error in a Deed Heretofore Given by the Kodiak Island Borough to the University of Alaska, read in full by the Borough Chairman. Mr. Jackson moved for adoption of Resolution No. 71-24-R, seconded by Mr. Arndt, motion passed by unanimous roll call vote. Five minute recess was declared at 8:50 p.m, TO Roy Madsen FROM KODIAK ISLAND BOROUGH P. 0. BOX 1246 KODIAK, ALASKA 99615 SUBJECT. FOLD DAJE. August 30, 1971 Request an ordinance be drawn for first reading on September 2, rezoning lots 1 thru 8, Block 1, Killarney Hills, PLEASE REPLY TO SIGNED Russell M. Walker -Clerk -Treasurer DATE SIGNED RETURN THIS COPY TO SENDER KODIAK ISLAND BOROUGH PLANNING & ZONING COMMISSION AUGUST 24, 1971 CALL TO ORDER The meeting was called to order by Chairman John. Welch at 8:30 P.M. in the Courtroom of the State Office Building, Kodiak, Alaska. The meeting started an hour late because of a lack of a quiorm. 11 ROLL CALL Present Absent John Welch, Chairman Charles Edris E. E. Erwin James Wheeler Coleman Constance Jerry Holt Also present: Mr. Russell M. Walker, Borough Clerk -Treasurer and eight people in the audience. III MINUTES OF THE PREVIOUS MEETING A. P&Z - regular meeting - July 28, 1971 - Mr. Erwin moved for approval of the minutes of July 28th meeting, seconded by Mr. Wheeler. The minutes were approved with no objections being voiced. IV MINUTES OF OTHER MEETINGS A. Assembly - regular meeting - August 5, 1971. V COMMUNICATIONS AND CORRESPONDENCE A. Letter from House of Signs, Anchorage re placement of a sign on the -Berg Building, for Fisk Laundry. The letter was read in full by the Borough Clerk, setting forth that,the sign was for Mrs. Fisk Laundry -mat and that it meet all the requirements of the Borough Code and only needed approval by the P & Z Commission. Mr. Edris moved for approval of the sign to be placed on the front of the Berg Building, seconded by Mr. Erwin. The question was called and it was passed by a unanimous voice vote. B. Eanner Smith, Roger Bryant re Vacation and replat of Lots 9, 10, 11 Block 3, Leite Addition. A preliminary plat, and letter of request were submitted by Mr. Roy Ecklund for Eanner Smith and Roger Bryant. Lots 9, 10, 11, Block 3 Leite Addition were to be replatediinto Lots 9A and 11-A, Block 3 Leite Addition. All items were in order and Mr. Edris moved for approval of a public hearing on the requgt. submitted, seconded by Mr. Wheeler. Motion passed by unanimous voice vote. VI PUBLIC HEARINGS A. Vacation and replat of Lots 4 and 5. Block 1, Shahafka Acres, Jack Fredericksen (Case 249-A). A background review was given by Mr. Walker, and plat was reviewed by the Commission. Mr. Edris moved for approval of the request, seconded by Mr. Wheeler. The regular meeting was closed and the public hearing was opened. No one in the audience wished to be heard so the public hearingwas closed and the meeting reopened. The question was called for and the motion passed by a unanimous roll call vote. KODIAK ISLAND BOROUGH PLANNING & ZONING CON1iISSION AUGUST 24, 1971 B. Set -Back Variance: exception to lot size Lot 9, U.S. Survey 3101, - Russell Wright (Case:248A). The case was reviewed and Mr. Erwin moved to approve the request, seconded by Mr. Edris. The regular meeting was closed and the public hearing was opened. The buyer for the lot discussed the set -back with the members. No further comments were stated so public hearing was closed and the meeting was reopened. The question was called for and passed by a unanimous roll call vote. C. Exception to allow a trailer park in a Conservation Zone, Lot 9, U. S. Survey 3474, Ogden (Case 251-A).. The case was reviewed and Mr. Wheeler moved to approve, seconded by Mr. Erwin. The regular meeting was closed and public hearing was opened. No one in the audience wished to be heard so the public hearing was closed and the regular meeting reopened. The question was call and passed unanimously by a roll call vote. D. Rezoning of Lots 1 Thru 8, Block 1 Killarney Hills, R-2 - R3, Case 250A) Arndt. Mr. Arndt's letter was read and the discussion followed on the lot sizes. Lots varied from 9750 sq. feet to 21/2 acres. Mr. Erwin moved for approval, seconded by Mr. Edris. The regular meeting was closed and the public hearing was opened. An individual from the audience -requested the location of the lots and they were pointed out on the map. No other comments were stated, the public hearing was closed and the regular meeting was reopened. The question was called and passed by unanimous roll call vote. E. Exception requested for Lot 1. Block 2 Allman Addition -Cessna. The commission was brought up to date on the case by Mr. Walker. It was pointed out the lot size was 8000 sq. feet and building of a four plex requires 9600 sq. feet in an R-3 zone. A question was asked as to the building being located too close to the power lines. For Saftey purposes a building should not be closer then 8 feet to the power lines. Mr. Cessna was in the audience and stated that there was not a essement on the lot and that the building was within the side yard limits of his lot line. It was agreed that Mr. Cessna have this 8 foot requirement check with K EA and report if any action is needed to the Borough Office. The public Hearing- was closed and the regular meeting was reopened. The question was called to grant exception and it passed with a unanimous roll call vote. VII ZONING ITEMS - NONE VIII SUBDIVISIONS, PRELIMINARY REVIEW - NONE IX SUBDIVISIONS, FINAL. A. Port Wakefiled Subdivision. The subdivision was discussed with Mr. Walker giving a run down on its Status. The question as to whetbcr the plat should be approved without allowing for water and sewer as required by the B orough Code was discussed. The committee thought these items should be reviewed in a work session before approval be given. It was noted that the sub chapter on sub- divisions should be changed to allow for different requirements_ outside the city in unclassified zones and areas zoned whichare with in the City limits andcontiguous to the'\ey. Thii.will be taken up at the next work session, which is to b& -announced at a later date. X PLANNING & ZONING ITEMS - NONE XI AUDIENCE COMMENTS - NONE XII ADJOURNMENT The meeting was adjourned at 9:15 p.m. 'EST: //- Russ M. Walker, Borough Clerk/Treasurer APPROVED o n Welch, Chairman, P & Z UNITED STATES OF AIVIERICA SS: State ©f Alaska NOTICE OF PUBLIC HEARINGS All residents and. Voters of ' • the Third Judicial District, _ Kodiak, Alaska, axe hereby * . notified that the Kodiak, 1.67 land. Borough Planning & Zoning Commission will hold 7.• a 'public, hearing . at -their regular meeting of Aug. 20th, ' 1971, at 7:30 P.M. in the • • ' Courtroom of the State of, flee building, Kodiak, Alaska, on the following requests: : Ex c ept i on Requesting - • -: ' granting a d dit ion al .'. usage in Conservation Zoned area for Trailer ' •, Park on Lot 9, U.S. Sur- vey -1 3474. . .. Variance Set -Back, Re- qu:eat for Lot 9, U.S. Sur - 3101. Rezoning Request for Lots 1 1 through 8, Killarney Hills Addition, Block 1, m • is LRfropresent zoning 'of -2 to R-3 to allow for multiple dwelling con- , • ;ruction. Variance Set -Back for It).(; 1. Allman Addition,. Ail hacre:A•ed pktitiv8 Wia 1,,, 1,,ivoll :msopport,m1111,y ,14) bo holm; oil ivilv gm' fill of tio 104itim.11,,. Ariii4e 1111i iffillillo 111.41111w, 11141 1.1101,101,14 .s:. ..;',Iliiiiii. cook,ikluviirlik my want (\I. deny line requests. ,. KODIAK ISLAND r• ' BOROUGH ... Russell M. Walker Borough Clerk -Treasurer • .. - Publish: Aug. 18th, 1971 • .,, .: I, S. Wayne Kotula, being first duly sworn, depose and say: I am editor and publisher of the Kodiak MIRROR, a daily newspaper published at Kodiak, Third Judicial Divi- :sion, State of Alaska, and that the annexed printed notice was published in said news- paper in issues of the following dates: 4uOst 3:8,1D71 S. Wayne Kotula SUBSCRIBED and SWORN to before me this day of / NOTARY/PUBLIC in and for the State of Alaska. My Commission expires August 16, 1971 Catholic Archdiocese of Anchorage P. 0. Box 725 Kodiak, • Alaska 99615 Gentlemen: •This is to advise you that the Planning:& Zoning Commission of the Kodiak Isladd Borough will hold a public hearing on the following request: Request for rezoning Lots 1 through 8, Block 1, Killarney Hilts Subdivision from present zoning of R-2 to R-3 to allow for -multiple dwelling construction. All interested parties will be given an opportunity to be heard on the above request. After the public hearing the Commission may grant or deny the requested rezoning; Very truly yours, Russell M. Walker. .Borough Clerk4treasurer Ri+M/nlh 10 August 1971 Chairman Planning and Zoning Commision Dear Sir: I request that lots 1 thru 8 Block:1 of the Killarney Hills Subdivision be rezoned from R2 to R3. Theselots are of Large ize and do not warrent building of duplexs. I plan to build Multiable housing units on these lots if they are rezoned. This rezoning would lend to the communitys needs, because of the housing shortage in Kodiak. PLANNING & ZONING COMMISSION - JULY 28, 1971 Page 3 be assessed at a higher' value. It was suggested that a more equitable way of taxing would be to raise the value on all lots and lower the valuation of the houses, thereby not penalizing a person for having undeveloped land. Mr. Welch raised the question as to whether or not the Borough was planning to hire a building inspector and if not there would be little need to make any changes. This has ben taken up with the City although action has not been taken at this time. The Commission requested information on the violations by Mr. Dennis Cessna and was informed by the Borough Clerk that the Borough Assembly has gone on record as passing a fine of $150 per violation; miszoning, failure to obtain a building permit and lot size for a total of $450.00. Due to the fact that the Borough Attorney has been out of town the legal aspects of the fine have not been obtained; however this will be taken care of prior to the next Borough Assembly meeting in August. It was noted that the power lines on Lot 1, Block 2, Allman Addition are very Close to the boiler room of the proposed building and suggested that this be checked into for the safety factor. F. Wright - Variance/Exception - for size of lot and set -back due to the physical aspects of the lot. A letter from Mr. Wright was read stating that Mr. Wright had a firm buyer that would like to build a house prior to frost time and that he would be building in line with the house on Lot 9, the back of the lots are very steep and are prohibitive for building on the required set -back. Mr. Wheeler moved for approval of public hearing on the variance request, seconded by Mr. Holt. Motion passed by unanimous roll call vote. VIII SUBDIVISIONS, PRELIMINARY - NONE IX SUBDIVISIONS, FINAL - NONE P & Z ITEMS A. Mr. Walker, Borough Clerk, noted that Mr. Don Arndt had stopped by the Borough Office this date and asked that Mr. Walker present a request for re- zoning of Lots 1-8, Block 1, Killarney Hills from the present zoning of R-2 to R-3 in order to allow multiple dwellings. Mr. Arndt is negotiating for purchase of this land and the purchase hinges on being able to have this rezoned. It was Mr. Arndt's opinion expressed by Mr. Walker, that this area lends itself much more to multiple type dwellings.rather than for duplexes. Mr. Holt moved to approve the request for Public Hearing to be held at the next regular P&Z meeting, seconded by Mr. Wheeler. Motion passed by unanimous roll call vote. B. Mr. Welch re Work Session on Zoning Ordinance. Mr. Welch noted that there are still areas in which some work sessions should be carried out; the un- classified areas should have some very thorough checking. It was pointed out that some recommendation should be forwarded to the Assembly concerning the now tabled Ordinance rezoning an area in East Addition. Mr. Holt moved to have the item taken from the table and that the P&Z recommendation be for dis- approval of the Ordinance, seconded by Mr. Wheeler. It was further noted that the memorandum to the assembly should state that the Commission had received opinions from the Borough Attorney and it was felt that certain restrictions could not be enforced in order to give the necessary protection to the present occupants of that R-1 area or at least the restrictions requested at this time. The motion passed by unanimous roll call vote. A work session was set up for August 18th, at 7:30 P.M. in the Borough Office. XII AUDIENCE COMMENTS - NONE XIII ADJO • Di The meeting was adjourned at 10:45 P.M. Russell M. alker, Borough Clerk/Treasurer APPROVED: John Welch, Chairman, P&Z 1 S t/4„/,,//.l„ff, //c P_SV2a4 e 2..;.6-.__ f ©,E d/_ /r e /9 X)a �// 2 /ce., „.2.. 5 2 OB >l __,Yy /I tff© // (0 0 o x/71-0 9, 7S o 9, /-s-o /2 453 ,f- 1 7 1' _ % /d, .d ,.'�a./B /i //7 ,/i' ©7- / - A , i - - - /77 �`� 75-5i ,