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ERSKINE ADD BK 8 LT 68-70 - RezoneKODIAK ISLAND BOROUGH 1 CASE # 1— b PLANNING & ZONING REQUEST APPLICATION DATE Final Disposition: Remarks: Type of Reques Description of Land: Lot: Addn: Block: Person Submitting Application: Hailing Address Covering letter submitted: Referred from: Survey # Person or Representative to attend meeting: Present Zoning: Proposed Zoning: Reason for Reque Plat Submitted: -- Remarks: //e) -/—e--4/ Not Approved: Remarks: Borough Assembly Approval: Remarks: 403 cJw 7-1 3/3 30f ASSEMBLY MEETING - April 7, 1966 3 VII Old Business A. Rezoning R3 to R2, Townsite Blk 14, hots 1-6, Blk 19, Lots 16-40 (Case #70) Public Hearing Case reviewed and ordinance read. Mr. Lester moved for adoption of Ord. 66-6-0. Seconded by Mrs. Hajdu. Public hearing declared open. Mr. Costello, owner of Lots 5-9, Bik 14, spoke against rezoning of Lot 6 since he wishes to build apartments there. Mr. Saupe agreed to Lot 6 remaining R3 if remaining lots were rezoned to R2. Mrs. Kessler spoke against the rezoning since she wants to build apartments later. Mr. Cornelius, representing several peoplein the area, spoke in favor of the rezoning. After further discussion, public hearing was closed and motion was amended with concurrence of second to approve adoption of Ordinance with the deletion of Lot 6, Blk 14. Carried by roll call vote as follows: YES NO Mr. Wright Mr. Lester Mrs. Hajdu Mr. Haakansen B. Rezoning Clinic Property (Townsite Bik 8 Lot 1 and USS 444 Tract D) from R3 to Business (Case #71-A) - Request withdrawn and ordinance cancelled. C.= Rezoning Townsite Blk 16 Lots 5-8 and 12-17 from R3 to Business (Case #101-B Second Reading and Public Hearing Ordinance was read. Mr. Lester moved for adoptinn of Ordinance 66-7-0. Second by Mrs. Hajdu. Public hearing declared open. Ken Brandenburg, speaking for ASHA, objected to rezoning since part of these lots will be included in Urban Renewal area. Rezoning to Business might affect the acquisition of these lots since the value of them might be higher if they were zoned business. Mrs. Springhill and Mr. Craig objected because they feared taxes would be raised. Mrs. Kessler, in favor of rezoning, objected to waiting for takeover by Urban Renewal. Mr. Best spoke of necessity of establishing a line between the Busines and R3 areas. After considerable further discussion, public hearing was closed and motion defeated by unanimous roll call vote. Mr. Lester made a motion that the ordinance be rewritten to include only those lots presently cut in half by different zoning, specifically Lots 15 and 17. Seconded by Mrs. Hajdu and carried by unanimous voice vote. D. Appeal to P&Z Decision on Rezoning of Erskine Addn, Various Lots Blks 5-9, from R2 to R3 .'(Case Nos. 10 and 1E) - Public Hearing and Board of Adjustment Notice of public hearing read. Public hearing declared open. Mr. Harry Wallace, Mr. Rohn Welch, and Mr. Harold Heglin spoke against rezoning. Mr. James C. Merves, Attorney, representing Chris Berg and those appealing, spoke for rezoning. Mrs. Hajdu brought out that there was a previous Attorney's opinion against spot zoning. Mr. Starbird stated that he thought some of the people for rezoning were already in violation of the ordinance. Mr. Gransbury spoke of advantage of rezoning Mr. Walls' lots to Business. Representative of Kailuk Co. stated that they are in favor of rezoning. Jim Stansbury stated that violations of the ordinance do exist in the area. Mr. Wright spoke against rezoning. Public hearing was closed. Mr. Lester made a motion to grant the appeal for rezoning from R2. to R3; of the area described in the appeal. Seconded by Mrs. Hajdu. After further discussion, motion defeated by unanimous roll call vote. VI H. Request for Rezoning Erskine Blk 9 Lots 115-117, R2 to Business - Paul T. Walls (Case #132-A) After some discussion, Mr. Gransbury stated that the planned parking lot would; provide a buffer between the residential area and the office building, and that the building would not he high enough to block the view. After further discussion, Mr. Lester made a motion to deny the request for rezoning. Motion died for lack of a second. Mrs. Hajdu made a motion to table this case. Seconded by Mr. Lester. Carried by unanimous voice vote. KODIAK ISLAND BOROUGH Box 1246 Kodiak, Alaska „1 • March 25,4966 NOTICE OF PUBLIC HEARING This is to notify you that the Borough Assembly will sit as a Board of Appeal at their next meeting to rehear the case on the rezoning of various lots in Blocks 5 thru 9 of the Erskine Addition from R2 to R3. Since you are a property owner in the area, you wish you may express,y,:,,, opinion on this matter at that time. PUBLIC HEARING TO BE HELD IN THE COURTROOM. DAY Thursday DATE April 7, 1966 TIME 7:30 P.M. • KODIAK ISLAND BOROUGH ASSEMBLY MEETING MC1 3, 1966 Gall to Order The meeting was called to order in the Magistrate's Court Room, Kodiak, Alaska, by Deputy Presiding Officer, Eldon Lester. Roll Call Donnelley Building, Present Absent Wilton White, Borough Chairman Russell Wright Eldon Lester, Deputy Presiding Officer Sven Haakansen Mrs. Jo Hajdu Fred Brechan Also present: Borough Clerk, W. A. Sleness; Borough Attorney, Roy Madsen; and 20 people in the audience including Harry Carter, City/Borough Sanitarian; Jim Stansbury, City/Borough Building Official; Sam Best; Rev. Bullock; and George Vogt. II'I Minutes of previous meeting, February 17, 1966, were read and approved without comment by Presiding Officer. IV Other Minutes A. P&Z Commission minutes of February 21, 1966, were read. B. P&Z Commission minutes of February 28, 1966, were read. V Referrals from P&Z Commission A. Memorandum from P&Z Commission Chairman, George Cornelius, was read. The memo summarized Commission position on temporary permits for locating individual trailers (mobile homes) in areas outside of approved courts. Chairman White noted that with a Sanitarian and Building Official now on the Staff, the regulation of trailers by permits would be accomplished at Staff level. VI A. Letter from University of Alaska was read describing Radiological Monitoring course being offered, and suggesting advisability,of having Mr. Harry Carter attend. No action taken. B. Letter from State Division of Lands re status of ACS school lands was read. Information only. No action taken. C. An opinion of the Borough Attorney was read concerning procedures for appeal of Borough decisions on rezoning. A lengthy discussion and review of P6Z actions in the cases of Chris Berg properties (and others) for rezoning and exceptions followed. Mrs. Hajdu moved (as amended with concurrence of second), to override (disapprove) P&Z Commission approval for temporary zoning exception for three years on Lots 105 and 106, Block 9, Erskine Addition. Seconded by Mr. Lester (reference Item VIII -A, P&Z minutes of February 21, 1966). Roll call vote on the motion: Yes No Hajdu Brechan Lester There then followed further general discussion on rezoning status of Chris Berg and surrounding properties. It was determined that appeal on rezoning denial would be heard before the Assembly after notice of publication and notice to individual petitioners. VII Old Business A. Resolution 66-8-R, Port Lions Final Plat. After short discussion, Mr. Brechan moved for approval, seconded by Mrs. Hajdu. Motion carried unanimous on roll call vote. Resolution 66-9-R, Kadiak Subdivision, Final Plat. A short discussion and review of map followed. Mr. Brechan moved for approval, seconded by Mrs. Hajdu, and motion carried unanimous on roll call vote. MEMORANDUM TO: Borough Assembly FROM: P&Z Commission February 23, 1966 SUBJ: REASONS FOR REJECTION OF ERSKINE RE -ZONING FROM R2 TO R3 ; At' the P&Z Commission meeting on February 21, 1966, the following reasons for subject rejections were stated: 1. The lots are not large enough. If their use was changed from R2 to R3, the Grandfather Clause would not cover them, since they contain less than 7200 sq. ft. Many of the lots are only 5500 sq., ft. (Comm. Anderson). 2. There was a covenantlin the dded on the property which required two -lots f for the construction of a duplex, which would be 11,000 sq. ft. This Tedd the buyers to believe that duplexes Would only be permitted on these larger . lots. Now part of the buyers have set aside the covenant, and rezoning would permit tripbaces on smaller lots which would be objected to by those buyers still holding to .the covenant (Comm, Anderson). . 3. The majority of the home owners in the ared.Ohjected to the rezoning because they had built their homes under the impression that the area would remain R2 (Comm, Erwin). 4. Rezoning to allow the Chris Berg apartments to use two additional apartments to ease the housing shortage did not seem to balance out against the great opposition of the home owners (Comm. Juelson). 5. Many of the home owners objected to havingtheir view of the waterfront 'possibly obstructed by erection of triplexes (Comm. Edris). George Cornelius Chairman /sh Eta golgAg ISLAND BOROUGH fax 1246 4444 February 11, 100 ThIS IS TO NOTIFY YOU THAT ON FEBRUARY 1, 1966, THE PLANNING & ZONING 0.040i0i00 VOTED TO KEEP R2 ZONING IN TRE AREA OF THE ERSICINE ADDITION IN WHICH YOU 4*0 IIITERESTEDt AND THEY HAVE NOTIFIED THE BOROUGH ASSEMBLY OF THIS ACTION, A COPY OF THE MINUTES OF THIS MEETING ARE ENCLOSED FOR YOUR INFORMATION. VER! TRULY YOURS, RoOTAk I§LPAN BOROUGH /sh Enc. 2-zri"Q-4 76 MEMORANDUM February 9, 1966 TO: BOROUGH CHAIRMAN FROM P&Z COMMISSION SUBJ: REZONING ERSKINE ADDN, R2 TO R3, PROPERTY OWNERS (CASE #1D & 1E) On February 7, 1966, the P&Z Commission held a public hearing on rezoning of various lots in the Erskine Addition from R2 to R3. Following the public hearing, a motion was passed to reject rezoning to R3 and to keep R2 zoning in this area. eorge Cornelius, Chairman /sh Attachments: Minutes and Case Files KODIAK ISLAND BOROUGH PLANNING & ZONING COMMISSION REGULAR MEETING FEBRUARY 7, 1966 Call to Order Chairman Cornelius called the meeting to order at 7:40 p.m. in the Magistrate's Court, Donnelley Bldg., Kodiak, Alaska. II Roll Call Present George Cornelius, Chairman Sam Best Chuck Edris Dick Juelson Tony Perez Phil Anderson Gene Erwin Sid Urie Absent Loren Chester Also present: Sally Hendrix, Borough Secretary, taking minutes; Jim Barr, Borough Engineer; Harry Carter, Borough Sanitarian; and 28 people in the audience. III Minutes of previous meeting, January 17, 1966 Minutes were perused individually. Comm. Best corrected Par. VIII -F under New Business to read "AMA" instead of "Urban Renewal" and Par. IX -D under Old Business to read. "Blk 1" instead of "Blk 5." There were no further comments or corrections and Chairman stated minutes were approved as read. IV Minutes of Borough Assembly, February 3, 1966 Minutes perused individually in silence. Chairman asked for comments. Comm. Edris asked what had taken place on the Russell Case. Comm. Best explained that the Assembly felt that the Borough was partly in the wrong in this case since Mr. Russell had not been notified further after his case had been tabled. Comm. Perez read Section 16.0 of the Zoning Ordinance which states that "failure of the Planning Commission to make a determination within the time specified shall constitute approval of the application." There' were no further comments. VAudience Participation Mr. Breckburg suggested that the'Ordinance be changed s� that -n� repetition of a case similar to Mr. Russell's could occur. Chairman Cornelius replied that the Borough Attorneyhas been instructed to• revise the Ordinance and that this should prevent repetition of these circumstances. Vi. Public Hearings A. Approval of Exception for ASHA Low -Income Housing Plans, Parcel 1, USS 2538 A&B, Case #103-A Chairman reviewed case and called upon Engineer Barr for further presentation. Mr. Barr explained the necessity for an exception --that group housing is not permitted 'in R3'zoning according to the Ordinance. He also gave the background of the area involved. Comm: Best made a motion for approval of the exception as outlined in Zoning Ordinance 64-5, Sec. 10 A 18, "Additional Uses Permitted -- Group Housing Developments." Seconded by Comm. Edris. ,Chairman then openedA public hearing. Mr. Breckburg inquired if this land was owned by the city and why it could not be opened to private sale. Mr. Barr explained that the restrictions of the city's deed called for the land reverting to the U.S. Government when, it was no longer used as watershed, and that there was no way to get it released for private sale. .The public hearing was then closed, and motion carried unanimously by roll call vote. B. Rezoning Erskine Addn, R2 to R3, Property Owners (Case #1E) Chairman reviewed case. Comm. Best made a motion that the case be opened for public hearing. Seconded by Comm. Perez and carried unanimously. Chairman opened public hearing, and Comm. Best explained that the intent of the hearin was to aid the Commission in its decision on the case. During the following hearing, Mr. Wallace, Mr. and Mrs. Heglin, Mr. and Mrs. Saupe, Mr. Welsh and Mrs. Kessler spoke against R3 zoning, and Mr. Merbes, Attorney of Anchorage, PLANNING & ZONING MEETING - February 7, 1966 • (Page representing Chris Berg and those in Favor of R3 zoning, Mr. Slater and several others spoke in favor of R3 zoning. The main arguments in favor of R3 were the great demand for housing in Kodiak and the desirability for -this particular area to be so zoned. The property owners in the area objected to the rezoning because they already had homes there and wished to keep it an R2 area. The public hearing was closed and Mr. Barr commented on the difficulty of a decision in such acase,__since a rezoning would do injustice to the property owne but -that the whole community is affected and there is a desperate need for R3 zoning. He pointed out that more property owners would be affected if any other area were rezoned.. There followed further_discussion_among the Commissioners, and Mr._Edrismade a motion to reject rezoning to R3.;Seconded by Comm. Erwin. ;Motion carried 4 to 3 in the following roll call vote: Yes No Comm. Anderson Comm. Best Comm. Edris Comm. Perez - . Comm. Erwin Comm. Urie 1 Comm. Juelson Recommendation will be made to the Borough Assembly to keep R2 zoning in this area. The people involved will be notified of the outcome of the case per Par. 23-D of Ord. 64-5. VII Correspondence A. Letter to Wilton White from Ivor Schott re P&Z recommendation on land for schools was read. Comm. Best made a motion that the Assembly take steps to acquire subject land for the schools. Motion seconded by Comm. Edris and carried unanimously. B. Info copy of letter from Wilton White to Joe Keenan re Recreation Areas was. read and noted. VIII New Business z A. USS 3469, Units 1-4, Island Bay Subdivision, Preliminary Plat, Karluk Land, Inc. (Case #108-B) Chairman reviewed case. Comm. Best disqualified himself and explained that there will be quite a few changes made in this plat in order to obtain FHA. approval and to improve upon it, but that the final plat will generally conform to this preliminary one. The purpose of this preliminary plat is to keep everyone informed about progress of the subdivision. A discussion was held concerning utility right4ways and easements. A letter was read from Eng. Barr containing recommendations for corrections of the plat. Comm. Juelson made a motion that the preliminary plat be approved subject to the stipulations of the Borough Engineer. Seconded by Comm. Perez. Carried unanimously. Meeting recessed from 9:50 to 10:00 p.m. Sanitarian Carter suggested that a zoning map be placed on a tripod for the meetings so that it could be seen more easily. Mr. Barr showed a trial print of the new zoning map and explained that the zoning will be shown by shadings and crosssectibining. The maps will be ready in several days. B. East Addn, Blk 35, Lot 7, Variance, M. Christofferson (Case #119-A) C. Chairman reviewed case. Comm. Best read Sec. 20-C of Ord. 64-5 concerning variances. Comm. Juelson made a motion that a public hearing be held on this case at the next regular P&Z meeting on February 21. Seconded by Comm. Juelson. After brief discussion, motion was carried unanimously. Referral frcm Assembly - Discussion of Requirements for Temporary Trailer Permits Mr. White's memo to the P&Z Commission was read, as well as the section of the Assembly minutes pertaining to this matter. Comm. Best moved to postpone this item until later on the agenda. Motion seconded and carried unanimously. - KODIAK ISLAND -BOROUGH P.O. Box 1246 Kodiak, Alaska January 27, 1966 THIS IS TO NOTIFY YOU THAT A PUBLIC -HEARING WILL BE HELD BY THE PLANNING 6 ZONING COMMISSION ON THE PETITIONERS' REQUEST FOR AND AGAINST REZONING OF - PART OF THE ERSKINE ADDITION FROM R2 TO R3. . AS YOU ARE A PROPERTY OWNER IN THE AREA, IF YOU WISH YOU MAY KXPRESS YOUR OPINION ON THIS REQUEST AT THAT TIME. PUBLIC HEARING TO BE HELD IN THE COURTROOM. DAY Monday DATE February TIME 7:30 p.m. VERY TRULY YOURS KODIAK ISLAND BOROUGH Planning and Zoning Meeting - January 17, 1966 Page 2 VI B. Public Hearing - Variance, Lot 24B, USS 3099, Chas. Edris (Case #98) Chairman reviewed actions to date. Mr. Edris disqualified himself and stated that he desired approval for a 17' side yard. Comm. Best made:a motion for approval of the variance. Seconded by Comm. Perez. The public hearing was opened and there were no comments. Hearing was closed and motion was carried unanimously by roll call vote. VII Correspondence: None VIII New Business A. Lot 14A,_Blk 16, Townsite - Exception to move building onto lot - John Butler (Case #77) A letter was read from Mr. Butler stating his desire to purchase this lot from Mr. Bolden and to place the radio station building on it to be used for his business during the urban renewal transition period of up to two years. Comm. Edris made a motion for a zoning exception to accept the movement of a building onto this lot, to be removed within a two-year period after Mr. Butler purchases his own land back from Urban Renewal. Seconded by Comm. Juelson. Motion carried unanimously. B. Lot A, USS 3218, Trailer Court Permit - Eugene C. Smith (Case #96) Chairman reviewed actions to date. Mr. Smith answered questions concerning his plans for water supply, electricity, playground, and parking. Some doubt occurred as to possible number of trailers to be placed according to size of lot. Comm: Juelson made a motion that the case be submitted to the Borough Engineer for his recommendation. Seconded by Comm. Perez. There was further discussion on sewage and Comm. Best doubted approval of present plan by the sanitarian. Motion carried unanimously by roll call vote. C. Lot 3, USS 3099, Trailer Court Permit, Jack Brisbane (Case #99) Chairman reviewed actions to date. Comm. Edris made a motion to table this case until next meeting due to lack of representation. Seconded by Comm. Perez. Motion carried unanimously. D. Erskine Addn. - Rezoning - Property E. Owners (Case #1) Letter read from Borough Chairman to City Manager requesting copy of building permit for Chris Berg apartments. Mr. Barr reported that he.had inspected. the Chris Berg apartments and found that the third apartment is not in use, nor in a condition to be used since it sis incompleted. There are only two apartments being used at present. This was affirmed by Comm. Perez. A,petition submitted by property owners in the area was read requesting a zoning change from R2 to R3. A second petition by other property owners was read protesting change in zoning from R2 to R3. Comm. Best made a motion that a public hearing by P&Z Seconded by Comm. Perez. Motion carried unanimously. involved will be notified of the hearing by mail. Mr. John Welsh stated from the audience that the Chris apartment is now sheet rock and is ready for painting. Petition Leite Addn. - Ben Bolden (Case #102) be scheduled for Feb. 7. Those property owners Berg unfinished Chairman reviewed case. Petition was read requesting that this area, now zoned R1, be kept R1 and be re-established as a completely residential area. Comm. Best made a motion that the peittion be filed and brought out if any re -zoning requests come up in the future. Seconded by Comm. Perez. Motion carried unanimously. Assembly Meeting 1/7/66 Page 3 The motion was seconded by Mr. Brechan. A short discussion followed during which Mr. Brechan pointed out that Borough commitmentiri this instance is clearly limited to $750,000 in accordance with bonding authority as voted for by the people. It was brought out again that the architect's projected figures for site preparation, sewer and water were estimates only, and that between the possibility of city assistance on sewer and water, and probable excessive estimate on site preparation, along with a budgeted sum of approximately $30,000 for architect fees in current school budget, final cost could be held within authorized funding limits. Roll call vote on the motion: Carried unanimously and so ordered. A short discussion followed on subject of authority for architect to commit for test hole services. Opinion of Assembly in discussion was that this authority lay with the school board as being monitoring body for the project. Returning to Agenda schedule, next item: V A. P&Z minutes of January 3, 1966, were read by the Chairman. A short discussion on items in the minutes for Assembly action followed. VI A. Letter dated December 28, 1965, from HHFA to the Borough was read by the Chairman. There was a short discussion on the request in the letter which was, in short, that certain lots in Aleutian Homes area be sold to ASHA for their development in construction of housing for persons in middle income bracket. Assemblywoman Hajdu moved that the position of the Borough Assembly be in concurrence with the City Council position in being not in favor of sale of these lots to ASHA and being in favor of sale to private developers. Seconded by Mr. Brechan. Motion carried on unanimous roll call vote. VI B. Chris Berg apartments: Chairman read petition of property owners in the area. A short discussion followed in review of background of P&Z referral and coincident receipt of petition for re -zoning. Concensus of Assembly, without formal action, was to refer petition to P&Z Commission, and that the Chairman should direct a letter to the City Manager, advising that the Borough P&Z Commission has indicated violation of Chris Berg properties as being operated as R-3 or triplex units and request their investigation on compliance with building permit as issued and in accordance with the Borough zoning ordinance. VI C. .Assembly actions on various P&Z referrals: 1) Harding's trailers on Cutoff Road. Referral from P&Z was discussed and reviewed. Borough Clerk was instructed to check on whether building permit was issued. 2) The Chairman stated that thematter of Harding trailers appeared to be a basic problem of sanitation and Borough Clerk was directed to instruct Sanitarian to check out sanitary provisions of Harding Trailers for report back to the Chairman. VII Communications, Correspondence A. Letter from Senator Magnuson re Soviet Russian sale of processed seafoods in U.S. was read by the Chairman. No action. B. Rotary Club resolution re hospital was read. No action taken. Resolution in support of petition to Local Affairs for hospital and other area wide powers. C. Letter from Chairman Matanuska-Susitna Borough was read. This was an invitation for a conference January 14 on borough affairs in general. No action taken. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR METING - NO a isER 3, 1965 I Call to Order The meeting was called to order at 7:45 p.m. in the Courtroom by Chairman, George Cornelius. II Roll Call Present Absent_ George Cornelius Phil Anderson Dick Juelson Bill Frost Gene Erwin Chuck Edris Sam Best Sid Urie Loren Chester Also present: Bill Poland and James Barr III Minutes of previous meeting - October 20, 1965 Chairman Cornelius requested that the minutes of October 20 be corrected to read that the meeting was called to order at 7:45 p.m. instead of 8:45 p.m. IV Minutes of Borough Assembly - October 21, 1965 Referred to Paragraph V 11. V Communications and Appearance Requests A. Ramaalia Subdivision - Final Plat,. Mr. Barrs report was read. Commissioner Best explained some of the deficiencies. Commissioner Urie moved approval pro -technicalities are worked out to approval of the Borough Engineer. Commissioner Juelson seconded. Voice vote was unanimous. Commissioner Best abstained. 3. Nachtweih Subdivision - Submission of Final papers. Withdrawn by request of Mrs. Nachtweih. C. Mrs. Harold Healin - Petition concerning Erskine Estate. Mr. Barr read petition as presented. Petition is to be entered into record for use if a rezoning proposal comes before the Planning and Zoning Commission at some future date. D. Holman's Garage. Borough Engineer's report was read as requested by the Borough Chairman. Commissioner Chester moved that the report be forwarded to Borough Assembly. Commissioner Juelson seconded. Roll call vote was unanimous. E. Trailer Inspection Report - Don Coon. Borough Engineer's report was read as_ requestedby Borough Chairman. Commissioner Best moved report be given to Borough Assembly for corrective action. Seconded by Commissioner Urie. Voice vote was unanimous. • PETITION 26 October 1965 We, the undersigned, hereby petition the Kodiak -Planning and Zoning Conmissi,on to prohibit the. rezoning of the rs1dn Subdivision, U. S. Survey No. 562, which would'allowtriplex houses to be built, or those already built to be converted into triplexes. When we purchased these lots in this subdivision,.,:. we did so with the understanding that nthe property shall not .be used. for any purpose, other than for residential purposes, either single famly'or. duplexes,._and_no commercial activities_ shall=be conducted...." We believed that we would be protected against anyone erecting a triplex.. We protest allowing any changes to -the present zoning laws governing this property which would allow such triplexes to exist. We do•not see why,Chris Berg, or anyone else, should be permitted to convert dwellings into triplexes. Since a building permit is required before erecting a -building, we believe that Chris Berg knew and was fully apprised of the zoning regulations governing this subdivision before his houses were built. We protest having our property devaluated just to please one person. We firmly. believe that we people whohave been, or will be long-time residents -of Kodiak should be protected and given full consideration in this matter. Certainly we feel we deserve far more consideration than any resident of Seattle,_ or any other area outside the City of Kodiak.We do feel that the Planning and Zoning Commission will give us the protection and con- sideration we hereby petition for. - We firmly protest any action taken by Chris Berg, or any other individual, to have this subdivision rezoned to -permit triplex housing, orany commercial: activities. We, the :.undersigned: ,.hereby :petition the Kodiak F1anni? g and Zoning Commission to prohibit . the rezoning 'of the. trskin Subdivision, U. S. Survey No. 562, which would allow triplex houses to be built, or ,those already built to . be converted into triplexes.' When we purchased these lots ..in'this subdivision, we did so with the understanding that "the property :......shall not be used for, any purpose other than for residential purposes, either' single _family or duplexes, and no commercial activities shall: be conducted...." We::believed that we would be protected against :anyone erecting a-trplex.. We protest- allowing any changes to the "present zoning laws governing., this .property wtich would allow such triplexes to exist. Tie do not see w. Chris Barg, or anyone else, should be permittedto convert dwellings into triplexes. Since a building permit is required .before erecting a building, we believe that Chris Berg .knew and was fully apprised of the zoning regulations governing this subdivision before his houses were built. We protest having ourproperty devaluated just to, please . one person. We firmly believe that ` sae people' rho have been, or will be .long-time residents of Kodiak should be protected and given full consideration in this ratter,.: Certainly we feel . we deserve far more consideration than any resident Of Seas tle,, orm any other area outside the .City 'of. Kodiak. We do feel that the Planning and Zoning -Corrm7ission will giveus the protection and con- sideration °we •hereby petition for. We firmly protest: any .action taken by Chris Berg, or any other individual, to have this subdivision_ rewoned- to permit triplex housing, or', aear commercial activities. ,:Gs... - L aT / �Lodfc `�j L Cr /5` oak s or 03N-5 LcT 5!^.52 L„ 70 TO n Sorvrce fo 14' Title Insurance ant Trust BRANCH OFFICES FAIRBANKS JUNEAU KETCH IKAN ,p7 Locher, Curley andaSilayMagel; c/o Peat, Marwick & Mitchell 736 "G" Street Anchorage, Alaska Company of Alaska MAIN OFFICE 705 SIXTH AVENUE ANCHORAGE, ALASKA BR 6-3301 ORDER NO. 64-4473 DATE March 3, 1964 RE: WELCH, John H. & Florence L. Owners Title Insurance Policy Premium $40.00 (Subdivision Rate) EY 1 m vire fv„, k' Title Insurailon: -Trust- oiiipany of Alaska TITLE INSURANCE - ABSTRAC - ESCROWS MAIN OFFICE ;-4 705 SIXTH AVENLIP,e1JONE„.BR 6-3301 HOWAGt. Locher, Curley & Slaymaker c/o Peat, Marwick & Mitchell 736 "G" Street AmAmage, Alaska Order No. 64-4473 March 3, 1964 We are prepared to issue Owner's title insurance policy through Title Insurance and Trust Company of Alaska in the amount of $ 5,000.00 Lots 107 and 108 of Block 9 of ERSKINE SUBDIVISION of U. S. Survey No. 562, recorded February 17, 1950 in Book R, Page 348, situate in the Kodiak Recording Precinct, Third Judicial District, State of Alaska. showing the title on February 11, 1964 at 8 : 00 AK, vested of record in: JAMES E. CURLEY, PRESTON LOCHER and RONALD F. SLAYMAKER, an estate in fee simple as tenants in common. subject to the usual printed exceptions, and also the following: 1. Reservations in U. S. Patent. 2. Taxes and assessments, if any, due CITY OF KODIAK. (Information to follow). 3. Dedication of streets, alleys and easement lines as shown on official subdivision Plat in Volume R, Page 348, of U. S. Survey No. 562. skc Form 11 (continued) Very truly yours, Title Insurance By: D ug ive any of Alaska THIS COMPANY ASSUMES NO LIABILITY UNDER THIS PRELIMINARY REPORT UNTIL THE FULL POLICY PREMIUM HAS BEEN PAID. Title Insurance Trust Company of Alaska TITLE IN U RAN ABSTRACTS ES CROWS Order No. 64 4 47 3 Page Na. —2- 4. Perpetual blanket easement for water pipe line to the UNITED STATES OF AMERICA by virtue of and under the terms of Judgment on Declaration of Taking, Cause A-3026, District Court for Alaska, Third Division of May 10, 1943, recorded May 21, 1943 in Volume L, Page 24. 5. Utility easement to KODIAK ELECTRIC ASSOCIATION INC., dated April 24, 1950, recorded April 25, 1950 in Volume S, Page 112. (This is a blanket easement). 6. Covenants, conditions and restrictions as disclosed by that certain instrument recorded November 22, 1963 in Miscellaneous Book 12, Page 74. NOTE: We have made a special judgment search on JOHN H. WELCH and FLORENCE T. WELCH and as of February 11, 1964 we find no unsatisfied judgments against said parties. THIS COMPANY ASSUMES NO LIABILITY UNDER THIS PRELIMINARY REPORT trzfru. THE FULL POLICY PREMIUM HAS BEEN PAID. i!41;",,ft t• COVENANTS AND RESTRICTIONS OP ERSKINE SUBDIVISION Recorded in Miscellaneous Book 12, Page 74 November 22, 1963 PREAMBLE The purpose of these covenants are to assure that property owners will be ---ful.ly_protected from poor quality surroundings and that they will be assured of pleasant, sanitary and safe sites to -erect their homesThese covenants will be in effect from November 1, 1963 on: Lot 15, Block 5; Lot 1, Block 6; - Lots 49, S0, 51, 52, 53, and 54, Block 7; Lots 60, 61, 62, 63, 64, 65, 68, 69 and 70, Block 8; Lots 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, in Block 9, ALL located within the ERSKINE SUBDIVISION of U. S. Survey No. 562, recorded February 17, 1950 in Book R, page 348, in the Kodiak Recording Precinct, Third Judicial District, State of Alaska. 1. Land Use and Building Type: That the property herein described shall not be used for any purpose other than for residential purposes, either single family or duplexes, and no commercial activities shall be conducted upon the premises herein concerned, neither will there be permitted any conduct, enterpises or usage that may create a nuisance, be unlawful or act detrimentally to the peace, dignity or value of the property described herein. It is further understood that the keeping of livestock and old vehicles of any description which are not used for transportation upon the premises herein concerned is prohibited. 2. Architectural Contiol= NANTS '',r :? iu STRIC tCN:S OF ERS ERSt,:INE SUBD7 1 . ?� No building shall be erected, placed, or altered, on any lot until the construction p ansrand speeifticationsuandoakplin showing the location of the structure haveNbeenbapp:rovedr'by the Architectural Control Committee as to quality of workmanship and materials, harmony of external -design- with existing -structures, -,and 'i:R,'swith respect to topography and finish grade elevations. No fence or wall shall be erected, placed or altered on any lot nearer to anypst•reet thanetheminimum-building=setba`ckt linepunhesssimilarlq be r;aI i approved r.: Approvalosha911.bey as.tprovidedgin; aov'enahtSh10 'and: hl, asnureC oS ,nd s ? i to tCetheir :%es. 'nine :Jv cF1Y``will 3: :Dwelling costs quality and1.siae:n: Lot 15, 5; Let 1, :'Lock 6; L_'.INo?dwe ling,sha115be permittedIonrany AotsatOa costoof 1ess6than5, ori, and $20,000003based:.upon, ooSt; levels..prevailing(op: the,date, these bovenant-s 114. in Eitze :rccozd'ed;oittbeing:the iflteht.ioiWand ObtObW.bfoxhe, cOvehante toNo, = n re.:;,aisureOthatr #11 0we1:13ngs shal1R bep:o€ta3gnsliityr of woikmanShipra g 1iii. a andueateriarbatubstantialiyothe l save or better than. that which can be produced on the date these covenants are recorded at the minimum ., Cost atatedoherein:iforTtbe:minimum permitted dwelling size. The groundlfloorparea of= the iflainstructur&, exclusiveeoftitnei.storysopen pOtches..aniegarages: {shaal bei^ not•_?1ess_: than 800g `square: feetr for^ one-story dwell=ingrnorciees*:then 1 000e4quareefeet forts dwelling ofemore;than one-story. hereia ;orce. r9: r .±3°eR will there k : permitted e 5}{?:"flii.EL ?' . Cater p:Laes or tae that M;10; CSL' :% unlawful Q ct de9. %9C.r:: it � t , the F;, r• , ry `•o y fir;^ 5 ve 1 r pe .} j a �:' u . t;i 3, �; .! P. ; t..i' :t ., t S tbe j3 [ ::y,: ' �: � GI i,. �. L.' 3: i. i�; herein, It .,:i7'tf,;:t ;:? lsi7d+e.A:6t'ood ti't:r the keeping of . iv'M itl: e 4. Building Location: No building shall be located on any lot nearer to the front lot line or nearer to the side street line than the minimum building setback lines shown on the recorded plat. In any event no building shall be located on any lot nearer than 25 feet to the front lot line, or nearer than 15 feet to any side street line. No building shall be located nearer.than 5 feet to ari interior,lot,line, except that no side yard shall be required for a garage or other permitted accessory abuildingjocated 40_feet_Or more from the minumum building set back line. No dwelling shall be located -On -any -interior lot-nearer-than-15_feet __- to the rear lot line. For the purpose of this covenant, eaves, steps, and open porches shall not be considered as a part of a building, provided, however, that this shall not be constructed to permit any pottion of a building, on a lot to encroach upon another lot. 5, Lot Area and Width: No dwelling shall be erected or placed on any lot having a width of less than 50 feet at the minumum building setback line. Easements: Easements for installation and maintenance of Utilities and drainage facilities are reserved as shown on' recorded plat and over the rear ten feet of each lot. 7. Nuisances: No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon which may be orrnay become an annoyance or nuisance to the neighborhood. 8. Temporary Structures: No structure of temporary character, trailer, basement, tent, shack, garage, barn, or other outbuilding shall be used on any lot at Aaytime as a residence either temporary or permanently. - _ ------__ • -...-- „ 9. Membership: The Architectural Control Committee is composed of: Ronald F. S1aynaker Preston Locher James E. Curley' A majority ofithe committee may designate a representive to act for it. In the event of death or resignation of any member of the committee, the remaining members shall have full authority to designate a successor; Neither the members of the committee, nor its designated representative shall be entitled to any compensation for services performed pursuant to this covenant. At any time, the then record owners of a majority of lots shallhavethe power through a duly recorded written instrument to change the membership of the oommittee or to withdraw from the committee or restore to it any of its powers and duties. 10. Procedure: The Committee's approval or disapproval as required in these covenants shall be in writing. In the event the committee, or designated representative, fails to approve or disapprove within 30 days after plans and specifications have been submitted to it, or in any event, if no suit to enjoin the construction has been commenced prior to the completion thereof, approvar will not be required and the related covenants shall be deemed to have been fully complied with. 11. General Provisions: These covenants are -to run with the land and shall be binding on all parties and all persons claiming under them for a period of twenty- — five years from the date these covenants are recorded, after which time said covenants shall be authomatically extended for successive periods of 10 years unless an instrument signed by a majority of the then owners of the lots has been recorded, agreeing to change said covenants in whole or in part. 12. Enforcement: Enforcement shall be by proceeding at law or equity against any person or persons violating or attempting to violate any covenant either to restrain violation or recover damages. 13, Severability: Invalidation of any one of these covenants by judgment or court order shall in no wise affect any of the other provisions which shall remain in full force and effect. 4. Signs: No sign of any kind shall be displayed to the public view on any lot -except one professional sign not of more than one square foot, one sign of no more than five square feet advertising the property for s,ie or int, or signs used by a builder to advertise the property during the construction and sales period. — _-_-15. -Oil and—Mining- Operations: - - - - - No oil drilling, oil development operations, oil refining, quarrying or mining operations of any kind shall be permitted upon or in any' lot, nor shall oil wells, tanks, tunnels, mineral excavation or shafts be permitted upon or in any lot. No derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained or permitted upon any lot. 166 Livestock and Poultry: No animals, livestock or poultry of any kind shall be raised, bred, or kept on any lot, except that dogs, cats or otherhousehold pets may be kept provided that they are not kept, bred, or maintained for any commercial purposes. 4 .s 17. Garage and Refuse Disposal: No lot shall be used or maintained as a dumping ground for rubbish trash, garbmge or other waste shall not be kept except in sanitary containers. All incinerators or other equipment for the storage or disposal of such material shall be kept in a clean and sanitary condition. 18. Water Supply: The water supply shall- be supplied -by --the Kodiak City_Water---System., _ 19, Sewage Disposal: The ewage disposal system shall be furnished by he Kodiak City Sewer System. We )ereby certify that the -herein described covenants and restrictions are a true and correct copy of those recorded November 22, 1963 in Miscellaneous Book 12, page 74. Compliments of TITLE INSURANCE AND TRUST COMPANY OP ALASKA Asst. Vice President Asst. Secretary Jteve Collins ox'1067 City Y CL Seldon Nelson Box 302 City Harold Heglin Box 1043 City 1 Ronald Slaymaker c/ City N Neil Sargent' Box 121 City R. C. Wilson Box 257 City \INlike Fitzgerald Box 1397 City IDon Slater Box 651 City pdward Ogborn Bnix Box'l741 City John Tusvik Box 2235 City ?Chris Berg, Inc. Box 2486 City • • Perry- Dedrick c/o General Delivery City John:Welch 06i-127 City Lynii-Saupe' Box 1194 City. Vic tor Williams Box 1254 City Harry Wallace Box 11F H.S. Kodiak Dewitt Fields Box 25 City \Patricia Cannon: Box 585 City- \ibW1m. B. Criss Box 1135 City •\George Panamaroff Box 123 City Cecelia Blankenburg Box 707 • City