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KODIAK TWNST BK 14 LT 5 - Supplemental Information'r R2 3" • R• FILE COPY Kodiak Island Borough Donna Jaeger 11244 Greenwoo Avenue N. #309 Seattle, Washington 98133 710 MILL BAY ROAD KODIAK, ALASKA 99615-6340 PHONE (907) 486-5736 September 3, 1991 RE: Lots 3, 4, and 5, Block 14, Kodiak Townsite Dear Ms. Jaeger: I apologize for taking so long to respond to your letter of July 10, 1991. I have been doing research on the history and the current status of the parcels you reference in your letter. You raised a number of interesting issues in the letter and I wanted to make sure that I responded to all of them. First of all, according to the Borough's records the three (3) parcels referenced above are zoned R -2 --Two Family Residential (regulations enclosed). This zoning districts permits a variety of land uses, including some commercial uses. The lots are certainly buildable from the Borough's point of view. However, access to the lots must be available before a zoning compliance permit can be issued (see KIBC 17.57.010 enclosed). The minimum acceptable access is what the City of Kodiak requires for a driveway. The City of Kodiak might have additional access concerns related to public safety issues (e.g. ambulance and fire vehicle access). If you have access to the lots that satisfies the City of Kodiak, the Kodiak Island Borough would issue a zoning compliance permit which is needed to initiate building on the lot. In addition you raise the issue of septic/sewer availability. I believe that the City of Kodiak will require you to hook any building constructed on the lots to the City's water and waste water systems. I don't know how accessible these lines are to the property. This would be a question for the City of Kodiak Public Works Department. Although the City of Kodiak has not constructed a road in the Hillcrest right- of-way, the property does have legal access as a result of the right-of-way. Although practical access has not been constructed to the lot, the property Kodiak Island Borough Donna Jaeger September 3, 1991 Page Two was obviously bought with this status. I will refer your question about the property taxes on the property to the Borough assessor. You have also asked about other uses of the property. The Borough would not be able to acquire this property for a Borough park since the Borough only has non-areawide parks and recreation powers. This means that the Borough does not exercise any parks authority within the City of Kodiak. I will refer this question to the City of Kodiak, since they are the agency that has parks authority within the city limits. As you can see from the R -2 --Two Family Zoning District regulations parks are a permitted use of this property, and items associated with parks would be permitted on the property. You are permitted to build a fence around the lots if you choose, subject to the Borough's fence regulations (enclosed). Painting a mural on the fence is a bit more problematic since such an activity is not clearly defined in the Borough's sign regulations (also enclosed). Basically if we don't receive complaints about such a mural we would not be concerned, if the intent of the mural was strictly as art work. The poem or prayer idea also falls into a gray area under the zoning regulations. If the activity was done as part of a park project, it would generally be permitted. It would also be permitted if it was somehow related to a church function which is also a permitted use of the property. The general rule is that a permitted main structure (like a house or church) must be located on the lot prior to any accessory uses being located there. The property can not be used for the storage of canoes or anything else, since outdoor storage is not a permitted use in the R -2 --Two Family Residential Zoning District. The only "creative use" for the property that we have generated follows up on your idea of a park. Your property is located above the City and could be used as an observation and scenic point for picture taking. Access could be limited to pedestrians only, perhaps via a set of wooden stairs. I have no idea if the City or any local organizations would be interested in developing such an idea, but I will pass the idea on to the City by copy of this letter. Kodiak Island Borough Donna Jaeger September 3, 1991 Page Three I hope I have answered all of your questions. If I haven't, or if other questions are raised by the information in this letter, please feel free to write or call. Sincerely, Linda L. Freed, Director Community Development Department Enclosures cc: Planning and Zoning Commission Pat Carlson, Borough Assessor Marcella Dalke, City Clerk John Sullivan, Director - Kodiak Public Works Department Ian Fulp, Director - Kodiak Parks and Recreation Department Len Kimball, Building Official r` July 10, 1991 Linda Freed Community Development Director Kodiak Island Borough 710 Mill Bay Road Kodiak, AK 99615 Dear Ms. Freed: I am writing to inquire as to the buildability of lot 3 nddeb-Codiak Townsite which are along the Hillcrest Road easement. Last year a real estate agent, Judy Kendricks, said she found out they were landlocked because the city would not put in a road. Another agent informed me last week that they might be buildable with a driveway easement obtained from a neighbor. So I am writing you to ask for this basic information. The second set of questions involves the scenario if the lots are not buildable. I was never informed that an action or ruling by the City of Kodiak would make these lots unsalable. I have been paying taxes faithfully all these years. It appears that I may be paying inflated prices. Therefore I am wondering if the City or Borough is interested in acquiring these parcels for a park. I do not own lot 5 but you could contact the owner as last year he faced the same dilemma I did and would likely appreciate information. If I cannot build a home structure I am wondering if alternate uses might be approved. Since the land owners in this situation do not appear to have been fairly treated there may be some impetus to make amends by approving some uses which would allow income and salability. Is a permit needed to build a fence around the lots? How high may the fence be built and what are the restrictions on painting it? May I have a local political, religious, creative group do a mural on the fence? Are there restrictions as to writing that may be allowed? Religious symbols? Can this be zoned to allow a City or Borough park if such there be? What structures am I allowed to put on it? Can lightweight sculptures, wind chimes, fountains, park bences, memorials be installed? Can some framed and glassed poem or prayer be placed on the land? I am sure it would not necessarily have to be in English but could be in any language as long as the content were not obscene. Or would I have to think Biblical -i. e.. tabiets of stone? I Can 1 use it for storage of canoes? May I put up a tent or tipi as long as it is for display purposes and no one lives there since there is no sewage hookup right now? What sort of creative uses can be applied that I haven't mentioned but that you might like to see? You have my permission to consult with anyone who may be interested in a constructive resolution on this situation. Thank you. Sincerely, 17on►ekm- Donna Jaeger 11244 Greenwood Avenue N. 4309 Seattle, WA 98133 (206) 367-1009 (9:00 AM to 2:00 PM best times)