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LEITE ADD BK 2 LT 1 - Rezone (2)KODIAK ISLAND BOROUGH Case No. /0 PLANNING & ZONING REQUEST APPLICATION Date i/, /‘ 7 Final Disposition _sjp-/S Ct-PP41-7".44 Application Fee Paid Remarks _ 6 7 ---/R -0 f.‹It t T;rpe of Request Description of Land: Addition Block Person Submitting Application Mailing Address trLAA--)t Survey No. Lots Covering Letter ubmitted Plat Submitted Person or Repres ntative to Attend Meeting blAv, 41 -4 - Present Zoning Proposed Zoning Reason for Reque Approved Remarks NotApprovedApproved Remarks Borough Assembly Approval Remarks 141-1SZD ri-c7 2r I Jt ASSEMBLY MEETING - A0g411003, 1967 • 2 living within the confines of the Borough, whether or not the land has been selected by the Borough, must pay taxes. There were no further comments and the hearing was closed and meeting reconVened. Motion carried by unanimous roll call vote. B. Ordinance 67-15-0 Approving 1967-68 Budget. The ordinance was read. It was pointed out that the supplementary budget had been eliminated from the ordinance in error. Mr. Madsen suggested that the ordinance be amended to include the supplementary budget and re -advertised for public hearing at the next meeting. The figures in the supplementary budget were read by Mrs. Hajdu. Mrs. Hajdu moved, seconded by Mr. Barr, that the ordinance be amended to include the supplementary budget. Motion carried by unanimous voice vote. . Alvdinante-6712-0 Rezoning Lots 1 & 20, Block 2, Leite Addition from R-1 to Business - Requested by Max Therkelsen (Case 102-D). The ordinance was read. A letter of objection from the nearby property owners was perused by the Assembly. Mrs. Hajdu moved, seconded by Mr. Arndt, that the ordinance be adopted. The meeting was recessed and public hearing opened. Mr. Youngblood, Mr. Beukersl and Mr. Bolden spoke against the rezoning. They feel that the area shouldlremain completely residential and complained of the nuisances caused by the businesses there. Mr. Bolden thought that this would be spot zoning. Mr. Therkelsen stated that she understood it would not be considered spot zoning There were no further comments and the hearing was closed and meeting reconvened. Mr. Madsen stated that taking into consideration the area and the previous use of the property, this would not be considered spot zoning. Mr. Barr stated that a precedent had been set when the Assembly was firm in denying Mr. Holman permission to rebuild. He pointed out that the ordinance had been written so that as businesses fall into disuse, they may not be re-established so that the area will finally become residential. After further discussion,motion=wat=defeatedby unanimous roll call vote. D. Ordinance 67--13-Q Rezoning Lots 4-8, Block J3, East Addition, and Lots 1-6, 11, 20-28 of Block 1, Tbwnsite Addition, from Industrial to Business - Request by Property Owners and P&Z (Case 117-C). The ordinance was read. Mr. Sutliff moved, seconded by Mrs. Hajdu, that the ordinance be adopted. The meeting was recessed and public hearing opened. Mr. Fuller stated that since he submitted the petition of request, several others had asked to join in. He also pointed out that the lots were not large enough to allow for the setbacks required in industrial 'zones, but Mr. Barr stated that as long as industries were cannery oriented, setback requirements were less. There were no other comments and the hearing was closed and meeting reconvened. After brief discussion by the Assembly, motion carried by unanimous roll call vote. E. Ordinance 67-14-0 Rezoning Part of USS 1396 from. Unclassified to Business - Requested by Baranof Heights, Inc. (Case 178-A). The ordinance was read and map studied,. It was pointed out that this area was contiguous to a business zone and near other businesses. Mrs. Hajdu moved, seconded by Mr. Arndt, that the ordinanCe be adopted. Mrs. Hajdu stated that the area has businesses on both sides and that it is logical to officially rezone it. Mr. Barr did not feel that this is a good area for business and did not think it wise to expand the business area. The meeting was recessed and public hearing opened. There were no comments from the audience and hearing was closed and meeting reconvened. Motion carried by roll call vote as follows: Mr. Barr - No; Mr. Sutliff - No; Mr. Arndt - Yes; Mrs. Hajdu - Yes; Mr. Lester - Yes. VII PLANNING & ZONING rams A. Recommendation from P&Z re Permanent Designation of Streets. The recommendation that the suggested names be used for new streets in future subdivisions was read. The Assembly concurred with this recommendation. B. Request for Extension of Time to Complete Utilities or Post Bond for Final Plat of Island Bay Subdivision, USS 3469, Units 1-4 Karluk Land Co. (Case 108-B). It was reported that the State had extended the deadline for payment of the land to August 8. A representative of Karluk Land Co. is to come to Kodiak by that date to discuss their plans for the land with the Borough. It was suggested that the plat be given a temporary extension until it was determined whether the payment had been made. After further discussion, Mr. Barr moved, seconded by Mr. Arndt, that a temporary extension until August 9, 1967, be granted, and that an attempt be made to arrange a meeting with representatives of the Karluk Land Co. prior to that date. Motion carried by unanimous voice vote. AN `ORDINANCE''»REZONING LOTS! ONE(1) -"AND TWENTY (20) BLOCK, TWO `,(2)FOFTHE » LEITL ADDITIi�'N `TO 'THE CITY (i'. KODIAK FROM 1..To BiSXNEISS • WHEREAS, AS 07'.15,"340 'empowered tlie,,BOROUGH:to enact a s > administration, ''-enforcement Zoning 'Ordinance ,and provided fo and ,aniendment4 and WHEREAS adopted' Chapter r pplanning,'and. zoning provisions» and;"procedure, and,, ,IE REAS, Section 24 of , Subchapter _2" of Chapter, 5 of JD ::BOROUGH, has .-:pursuant • thereto - ts" Code of Ordinances and ;Resolutions, . ;which provides' the_ ,-KODIAK ISLAND BOROUGH Code of Ordinances and Resolutions pro- vides`. that'' th'e Borough »Asseinbly.'may by ordinance- amend, suppleme modify, repeal or otherwise change the zoning regulations and boundaries, AK of ;district, and,. 1 HEREAS, according:. to :the comprehensive :plan adopted by: ISLAND BOROUGH, Lots One (1). and Twenty • (20) ..Block 2) the Leite Addition to the. City:of '.Kodiak,. and, now .classified. as .. WHEREAS-, . th by-- M7 X TAERKELSEN', KODIAK ISLAND BOROUGH has been.petitio er ofsaid lots for reclassification Lots„One (1) and Twenty (20) .from R-1 to Business'. EREAS, the proposed :reclassifica.tion . has. been, approved ;by the Planning and' Zoning.. Cointission to. the KODIAK ISLAND BOROUGH on the .28th day»of: 'THEREFORE.:BEIT ORDAINED by the Borough .Ass'einbly-.of.' the �v. KODIAK:"'ISLAND1•>=-BOROUGH ;that` Lots. One •, (1) and Twenty •,(20) -Block Two (2) Leite Addition, City of:Kodiak ,; be and the same are hereby ORDINANCE NO - T5 °i''=r�.• eftt :Y pp T. boa t3:'i 14 .a' 517- ?�s' ki; . ick; fl .•`t'_ si . y qaw -"9 pv'a -i.'.=• _'.. .3 .� '<::;..:7-3.'.ice' 1 xS'7'..L''..4; * oFpa 'bF^"+if27,.—' i. `Li.%., 4> .a ,°.. k#;s' Tta , :74 b a y R •S}i a a.+ i ws ':""'-- 7:-.1;."0"C": �•' ». e wm q. fa715_ 'u5 sd:t3.i� .. `t...F :�".sy •Z,.i±�..iL reclassified as Business and'. that notice of this Ordinance be g; in the _Kodiak, Mirror seven (7) days prior to the second reading of .this'- Ordinance and that .°public hearing be held thereon on the date of : the second reading and the publication of this Ordinance b made- by '.posting copies hereof on the Borough Assembly bulletin .board for a period 'of ten (10) days following its passage and approval, ,and publishing a resume hereof in the Kodiak Mirror together with a.notice of publ o the . Kodiak ''Mirr-or. c _hearing, thereon and mailing a -copy of the . same Firet ReadingFand-Approval Date-:' July 20', 1967. Second Reading.,. Public Hearing! and Passage ,pate: ' - August '`PASSED AND APPROVED by the can ' this day . e 67 D' BOROUGH ASSEMBL ATTEST: PRESIDING :::OFFICER. Tge ,Two, ORDINANCE NO. TELEGRAM Received 1/10/68, 4:00 P.M. TO: JOHN TAMLER, CHAIRMAN, P&Z COMMISSION AM STILL OPPOSED TO ANY CHANGE IN THE REZONING OR CLASSIFICATION OF LOTS 1 ADN 20 OF BLOCK 2, LEITH ADDITION, FROM R-1 TO BUSINESS. BEN BOLDEN August 9, 1967 .Mr. and Mrs. Max 'Therkelsen .Box 521 Kodiak, Alaska Dear Mr. and Mrs. Therkelsen: As you know, the Borough Assembly denied your request for rezoning -at their meeting on August 3. I am sorry that the case was not resolved to your satisfaction. If you wish, you may appeal the decision of the Assembly in Superior Court. Sincerely, Sally Hendrix Secretary /s • PUBLISHERS AFFIDAVIT UN1ThD STATES OF AMERICA SS: State of Alaska I olti2eris,:!jHand yot.ers.„.•,of, tlie:KbDiAlcr.ISLANix„B_ORn Dis4, OffAlaska;i: are hereliy.Inotifie4 third dayof August,1`19.67,-,at: sen -thirty o*OourpOomlg-tte,Ditttidt.. M4gi.strktei DOnnelleY Aiaska;A:publicl • hearingwili helhe1dpii, I. apro- pose ordinanoo-!of-thei,KO-,t DIAK ISLAND. --BOROUGH, designated aiXODIAXIS- LANDB cUGHORDF,' NANCE N.i 674120;recIaisi-. fying_the„ folio VIflg_ described: property to BuSiness:, Lots Oe (1)1and-Twerity:-.:., Bloc*Liri. vo the Leite Adaition7tc'ilthe"::, Cityof godi4.kinlixtr elas- sified - All pjersolv"p,141fiterested ,shall Thay.e,-:;-au.7.7.opfYortunity... to be heard .fp:nctrAit,te-riLithpf,- hearing the, -apAcarcm'.AS- SEMBLY - -consider the i -"/T— ordinanco andrmay-adopt With or ,:withoUtFameTikhnenit or reject It ; icgth-41t'ISLAND '"- :5o1s G. -Prestori Clerk/Treasurer ?,,.) • I. S. Wayne Kotula, being first duly sworn, depose and say: I am editor end publisher of the Kodiak WI:ERROR, a weekly news- paper published at Kodiak, Third Judicial Division, State of Alaska, and that the annexed printed notice was published in said newspaper once each and every week for bne _successive and consecutive weeks in issues of the following dates: ..... 27,, 1967 S. Wayne Kotula SUBSCRIBED and SWORN to before me this 28. day of -July , 19.67 39Zer,Z4) - sy. NOTARY PUBLIC -in anti the State of Alaska. My Commission expires 7-5-71 All 'citizens and voters of the KODIAK ISLAND BOR0UGFt, Third Judicial, District,' State of Alaska, are hereby notified that on the third . . day of August, 1967,at seven -thirty o'clock p.m. in the 'Courtroom of the - Distract Megistratle ,- Donnelley Building Kodiak Alaska, a publichearing be held on a proposed ordinance of . the KODIAK ISLAND BOROUGH, designated as KODIAK ISLAM E0F UGH ORDINANM. NO 67-12-0, reclassifying the full€ wing described property 'to Business: One (I) and Twenty (20) of Block Two (2) of the Addition to the City of Kodiak, now classified 1. All persons interested shall have an opportunity to be heard and after the hear dg the , BOROUGH . ASSEMBLY .shall consider the ordinance and may adopt it with or . without amendment or reject. it.,. ` . KODIAK ISLAND BOROUGH 7, 1967 KODIAK ISLAND BORGUGH Box 1246 Kodiak, Alas* July 25, 1967 NOTICE OF PUBLIC HEARING This is to notify" you that a public hearing will he held by the Borough Astembly on OrdinanCe 67-12-6, an Ordinance rezoning lots 1 and 20 of Block 2, Leite Addn frOm 11.4 to Business. • Ibis rezoning was requested by the Max Tiierkelsens. I Since you are a property owner in the area, it you With you may expreds your opiniOn on this request at that time. PUBLIC HEARING 79 THE COURTROOM. DAY Thursday BE HELD IN TIM .7:30 p.m. DATE August 1967 R. Wright Box 664 City j�� P. Mar3nk ich % PaAlaska Fisherie Unala ka, Ak. 99685 K: Helgason Terror Bay, Ak. L. Andrich Box 1563 ,City E. Harris Box 506 City P. Dinglassa )4'Box 295 City L. Scroggins Box 151 City Assembly of God Box .747 City 0. Chandler Box 1635 City D.:Knagin Box 1422. City W. Shuravloff Box 224 City J. Holman Box 1006 City M.-Therkelsen Box 521 City:` B. Bolden Box 991 City - K. Chichenoff Box 921 City H. Breckburg Box 993 City i D. Valley A. Davis Box 945 City A. Parmenter Box 112 City J. Chudocken onek Village, Z. Chichenoff Box 761 City D. Youngblood Box 2106 City D.: Short,. Box.2727 City Z Wilson Box 21-: City H. Fread. 14832 Facita Dr. La Mirada, Calif. L.. Sharatt Box 881 City J. Beukers Box 176 City F. Katelnikoff Box 1531 City H. Olsen Box 555 City Mr. Perry Stockton Box 685. City Mr. Rolland Jones p^, 4,Qt ASSEMBLY AgETING -, July 20, 1967 2 Sutliff moved, seconded by Mrs. Hajdu, that action on the request be tabled until more thoUght may be given to it. Motion carried by unanimous voice vote. C. Letter from Area Forester re Timber Cutting on Henley Lease. The letter was read requesting that the Borough decide whether the timber should be sold to Mr. Henley or given to him in exchange for clearing the land. The Assembly concurred in permitting Mr. Henley to cut the timber on his lease. Mr. White suggested that perhaps later on he be charged a fee on the timber in the rights-of-way, or take it in exchange for clearing it. Mr. White stated that Mr. Henley had also expressed an interest in obtaining timber from the Mbnashka Area and from his present area near Chiniak to sell to the timber firm'which is coming into the Afognak and Shuyak Island areas. The Assembly expressed concern aboUt the protection of fish and game on these islands due to the timbering there. It was agreed that the Borough should write letters of inquiry on this matter. D. Letter of Recommendation from the Sanitation Office. Mr. Carter's letter recommending that T. T. Jackson's Trailer Court no longer be closed by attrition was read. Mrs. Hajdu stated that progress has been made in the court since it was closed by attrition, and that she felt the closure should not be rescinded at this time. Mr. Stansbury stated that two fire plugs are required --one for every 300 feet --and that only one is working. Mr. Sutliff moved that action on the request to lift the closure by attrition be tabled until a more favorable report is received from the Sanitarian. Motion was seconded by Mrs. Hajdu and carried by unanimous voice vote. 1.11 PLANNING & ZONING ITEMS A. Resolution 67-17-R Approving Vacation of Part of First Street and Replat of Lot 17, Block 30, East Addn - Louis Iani - Case 128-A. The resolution was read and plat studied. Mr. Sutliff moved, seconded by Mr. Arndt, that the resolution be adopted. Motion carried by Unanimous roll call vote. First.Peadirg of Ordinance 67-12-0 Rezoning Leite Addition Block 2, Lots 1 & 20, from R-1 to Business - Max Therkelsen - Case 102-D. The ordinance was read. It was noted that Lot 2 Should be changed to Lot 20, and Block 2 added in the first paragraph. Mrs. Hajdu moved, seconded by Mr. Sutliff, that the ordinance be adopted in the first reading. Motion carried by unanimous voice vote. C. First Reading of Ordinance 67-13-0 Rezoning. East Addn Blk 33 Lots 4-8; and Townsite Addn Bik 1 Lots 1-6, 11, 20-28 from Industrial to Business - Property Owners and P&Z Initiative - Case 117-C. The ordinance was read. It was noted that the designation of "Block 33" had been omitted throughout the ordinance. Mrs. Hajdu Moved, seconded by Mr. Sutliff, that the ordinance be adopted in the first reading. It was noted that notices would be sent to all property owners within 300 feet of the area concerning the public hearing. Motion carried by Unanimous voice vote. D. First Reading of Ordinance 67-14-0 Rezoning USS 1396, 2.38 Acres Lying Adjacent to Bik 1 of Airpark Subdivision Toward City from Unclassified to Business - Baranof Heights, Inc. - Case 178-A. The ordinance was read. Mrs. Hajdu moved, seconded by Mr. Sutliff, that the ordinance be adopted in the first reading. Motion carried by unanimous voice vote. Request for Extension of Time to Complete Utilities or Post Bond on Final Plat of Island Bay Subdivision, USS 3469, Units 1-4 - Karluk Land Co. - Case 108-B. Mr. Preston reported that he had called Mr. Keenan of the State Division of Lands and there was still no definite answer on whether the payment on the land would be received or not. Mr. Sutliff felt that Karluk Land Co. is over- charging people to connect onto their utility lines. It was pointed out that Karluk Co. had been granted a franchise for utilities by the Public Service Commission over quite a large area. It was agreed that the Attorney should write to the Public Service Commission and ask when the public hearing was held on the franchise, and whether the Borough had been notified of the hearing. It was agreed to table action on the request Cor extension of time to complete utilities or post bond on the final plat until the next neet since by then it should be determined whether or not Karluk Co. will keep the land or it will revert to the Borough for lack of payment. E. VIII OLD BUSINESS A. First Reading of Ordinance 67-11-0 Amending the Penalty for Non -Filing and • Payment of Personal Property TaX. The ordinance was read. 'Mrs. Hajdii MOved, Seconded by Mr. Sutliff, that the ordinance be adopted in the first reading. Motion carried by unanimous voice vote. *** from the dsk of ....BEN B. BOLDER *** • ),,,N 15 July 1967; •A• A4T:MR; WILTON WEEDE, CHR; BOROUGH8ASSEMBIY TO: KODIAK ISLAND BOROUGH ASSEMBLY " PLANNING & ZONING COMMISSION. et DEAR SIR: It has been recently brot to our attention that a THIRD attempt to have certain changes made in your ZONNING ORDINANCES Which; without a single doubt would EFFECT the entire IEITE ADD. & the URDAHL TRACT ADVERSWA SERIOUSLY in it'S future growth as a desirable R -I District. It is beyond our understanding or acceptance that just a few PERSONS who are seBIIND in their COMMERCIAL MINDED THINKING, that They would come forward for the third time,& we hope that the PUBLIC HEARING to be held on this ISSUE on AUGUST 18 will settle this POINT' in a definate MANNER once & for all time,tcamel WE do not want any drastic changes made in our present ZONING ORDINANCE R.I which , vitally concerns every H( OWNER ne4'living in the above AREAS & there are more who will come into these areas to establish THEIR HCMES; PROVIDED; that these areas be held & 'restricted to residences only; many New Homes are currently under various stages of construction on the west- erly side of the LEITE ADD, both in BLOCKS ONE & TWO at this present time & date4, More will be built in the NEXT few years. WE are specifically REQUESTING from the above K.I.B. ASSEMBLY MENBERS & those Gentlemen of the P.& Z;1BOARD that the present application for SPOT ZONNING within these above AREAS, be Denied at the forth coming HEARING as stated above & likewise again DENIED at any ,future attempt to obtain any changes in the present Zonning of these areas which IS NOW' R -I. How ever the Extreme Presures for adequate & sufficient amount ,of HOUSING( A REAL NEED, which has been in the immediate past, SADLY NEGLECTED due to much CONFUSED PLANNING & HYSTERIA in the LABORIOUS TASK of rebuilding a COMMUNITY prostrated by an act of NATURE ) IS very URGENT at this' TIME; Therefore we the undersigned will conceed one point only; Even tho an Apartment building or DUPLEX etc. carries lidth it a COMMERCIAL ASPECT WE will readily consent & accept these TPPES of DEWEIIINGS as residential; The important P6int here & now IS that THESE AREAS REMAIN for all time strictly RESIDENTIAL A CONSESSION to SPO] ZONNING IS absolutely NOT;ACCEPTABIE now or in the FUTURE for the simple REASON that IT would;if allowed, DEFEAT your 647n PURPOSE,in .the future planning of this COMMUNITY & it would eventually revert back into a HODGE-POGE of Hemes,'HONKT-TONKS & VARIOUS COMMERCIAL establishments that could NO T GROW or EXPAND thru necessity with out INFRINGEMENT or TRESSPASS upon their NEIGHBOR next DOOR. To site one instance whereby SPOT ZONNING should NEVER BE ALLOWED IS to CATJ,YOR ATTENTION to the PARKING PROBLEM which IS CON- STANTLY' GROWING WORSE DAY py DAY'& YEAR by YEAR; EVERY WHERE thru out these UNITED STATES. GENTLEMEN: WE IMPLORE & BEG that you Onsider applications for SPOT ZONNING'VERY SERIOUSLY & IT '-5 ultimate RESULTS in Your PLANNING for FUTURE GROWTH -of this COMMUNITY. BY strict adhearance to the MAIN OBJECTIVES these aforesaid AREAS; specified above ,C & WILL GROW into some of the most Desirable RESIDENTIAL areas of this COMMUNITy & eventually as SUCH become very VALUAB1E on the Market as SUCH & therefore likewise carry also a HIGHER TAX rate as SUCH and would Contribute more REVENUE into the Community COFFERS & this fact appears to be -the PRIMARY FACTOR & NEED in MOST EVERY ORE'S THINKING; DO not lose sight of the other FACTORS nvolved which are equally IMPORTANT; also in turn equally VALUABLE to the PARENTS who are struggling to RAISE A FAMILY DECENTLY & WEILi, in a proper Environmentl IN closing this letter WE wish to call:your attention to a PETITION dated & CIRCUA in these AREAS from DECEMBER 18,1965 into JANUARY of 1966 & IS NOW on FIIE with your VARIOUS SECRETARIES & CLERKS of the CITY of KODIAk, the BOROUGH ASSEMBLY & The P. &zZ. COMMISSION'. The SIGNATORES to this SAID PETITION, all of Them carefully screened & checked out as PROPERTT HOME OWNERS & TAX PAYERS. WE really don't beleive that any of these GOOD people have CHANGED Their MIND in respect this present SITUATION; SINCERELY YOUR 4. 1611111.11M, *OP PM ** froca "the ;c' sk of ,� . ,EEN `B. yBb . N . A 1!. ,b.. JOHN MlUER'•i CKR9' p1.4.11TI G:ek' ZONN3110BOARD, Tis KADIAK ISLAND BOROUGH. As t DEAR St It. has been recently brot to our attention th ( THIRD attempt to have certain;:. . changes pnado in, your MINING ORDINANCES whi.eh -, without a' single doubt would EFFECT the entire., L OD. & they URDAHL TRACT ' ADVERSLy' & SERIOUSLY 3n *'S .rotate gz'cwth as a desirable R . District : Tt : s beyond ourunderstand:i.ng, or• acceptance that. just a few PERSc s,wwho :are so SLIP in their COIIMERCTAL" MINDED THINNING, that They would ewe• -forward, for the • third time & we .hope that the PUBLIC HEARING to, beheld en this ISSUE co **UST X8 will " Settle this -POS ri a • definite MANIW once & for a1' time to comes • i do not want any drastic changes- made in- DLit present ZONING - ORD AIVCE R= .Wh ch vit r concerns "every. MKS MEER now- living 3:n the above AREAS & theme are More who will code• ' into these. areas to establish. TH IR- ES; •PROlill D•,- that these -areas: be hold -& restricted to . • residences_ onl ::• m New Hanes are ' ourrent r. 'under various stages' cif cons truction on the west:» er3,y aide of' -the -I ITE-•. ADD both in BLOCKS.. ONE & TWO at this present tibia &;: date, . Mare will be . bu :at 3:n the NEXt'feu •years.,. ; - WE are specif&ca REQ°t3EST1iG from the above K.LB. ASSE to meats- & .those Gentlemen, of the P & Z:.4EOARD' that the, presenii applicatiori "for SPS' ZCi I IC - .thin these abov AREAS be l eniod et:`the forth c ng " MIRING as stated above & likewise,w - again Map,' at: may' .future attempt_ to obta arr changes -in 'the present- a onning of these areas .wh ..ch S : N( R.41 • How ever" the Extreme, sures for- adequate & sufficient, amount. of :HOUSI G(, A• REAL: -"NEED which has .been in the :3 odiate• past,ADJ . NEGLECTED due to- much Ct TFg3D.PLANNIN ' &._HY ER 'A in the„ LABORIOUS: TASK,:of'.rebuilding' a CONI ?IJNI ,.prostrated by an .act; of NATti ,) I very -,URGE at .thie t.TI k Therefore . we the nders , ed oonceet • ons; �m a one .po ven• thO ann AliartrnenV:buti.:Ld.ing ALEX b eto `oaxries° with it- a COI ERC3P ASPECT tr E' wifl -read• consent - accept." these APES' GS ,:as. residential; The' important Pant here - n IS .that .TRE •I967 0 A OWESS:MN to SPO? • ZO iNTNGL 19 absolutely N ' AC P'A13LU' rc r or n the SURE .£cnk` ei sirp'le RtASW that I ` wo :dsif•allowed,,- DEFEAT' •yoUrs o -PURPOSEin. the future plana. ng of . C:O iUNZtT. & it _t'r ld .eventual revert back into a; IODGE.P ' of V'ARI $ Ct IERCIAL eStablisluients that could 1101 GROW ori' EXPAND thru: necessity with out 74FR3I'GEI oro TRESSPASS;upon their' iiEIGNHBOR next DOOR•.r To site one. instance whereby Sl Z ONNING : should NEVER BE ; MLON D TS . to CALL YOR ATTENTIC I to = the,- PJ RICW%..Pi O3LENi ; rli2 a- SLANT. ' . G ud 1G O SF DA'" lir DA&. -&;• YEAR by. Y AR , EVLRI' RE thrid`, t ° tlies0<U I'ED S'1' ` G NTIE 1t �t: t , IMPLORE :&, BEG that. you 8ssider• applications- for SPS. Zt3I G;. VF? _, RIOUSD 3:T �5 :v3.ti ate ;RESi1 s ird 'your -PLANNING. or GROWN- of this C: HU T .:, strict adhearan tc the I OBJECTIVES:, these ••:aforesaid* AREAS;;:: specif3.ed' above -,CAN"& IJILL GRA irnto'sarne of .the' 'mast, l esirable., RESIDE TIAL areas' of this COMINA1117 &, eventually as SUCH: become very VALUAB , on . the •Niarke j..as S TCH & ;•into I thore f ore likewise - carer also a , I�MGNER TA tato as SUS and wound Contribute , anor- MENUS the City COF ' & this fact appears to bo the PR3T r FAO -OR t1EED in :1:It3ST •; VEi C 'S- TIisNI G . DO not luso sight- tit - of the other FACTORS ;envolved which - equally CRT, T; - also in tum- equally VALUABLE to the PARENTS who ares str gl g .to �A DECENTL '& TrTLL;.:.in; a- proper' SiPiro•i*e4.s, • 41. oieslr g- !this letter- UE .wish to s.0621 your, attenti to -•a• sOrmi t dated4 CIRCUS,: 3.n these,,ALAS-•f c G' ER. -I8, 1965.3ntof,JANU'l & of -1966. & 1S NOT on F1I Loth-- nt'siv. lotiS SECRRTAR. S &: CLERKS of+the Oa_ Y of KCDLAk,.: the, BOROUGH :ASS LY' &. The " P. &s2;,:.ColitaSS1C&: Tho-:SIGNAT,ORES. tea this SAID PETITION, .all of Them='carejf lly screened- ,& chec d out ae- .gois owiss6 .& TAX ..PA i5,: •WE really` : don't beleiVeL that:. any- of these Gam? peeopi have" CHAT Theme I ► respect. to this. present- SITUATION, } spang x0URt ! • WIN 4. !!!I�IlaM••• •�•�fl•IYlMYaywAf "!n+r fYy1AMrMbmAYilo,einpMirfY•rRA'1Miml./14 Iww! _ASSEMBLY MEETING - 967 the sewer and water requirements have been 1114 Mr. Stansbury stated that he would like to see all of the trailers not on the sewer system vacated. Mr.. Carter stated that only two trailer's are inhabited -that are not on the system, and that these people are now out fishing.. Mr. Sutliff suggested that the Sanitarian test the drainage froth the Court into Mission Lake to make sure that there is no raw sewerage. Mr. Sutliff also raised the question of the fire hydrants and whether they are fUnctiOping properly. It was decided to notify Mr. Jackson that a test will be Made on the pressure of the hydrants. VI PLANNING & ZONING ITEMS A. Recommendation from P&Z re Request for Exception to BuildUtility Building - Aleutian Homes Inc. Subdivision, Block 12, Lots 50-53 - DHUD - Case 176-A. The case was reviewed and the recommendation from the Zoning Commission to grant the exception was read. The Commission had held a hearing on the case and had received an objection front Mrs. Lynch, who owns the property adjacent to the sitel, that the building would block her view. However, It had been pointed out that a house of normal height, if built there, would be even higher tha) than the proposed utility building. The section of the ordinance under Which the exception could be granted was explained by the Attorney. Ni. Sutliff did n not feel that the exception should be granted in view of Mrs. Lynch's objection, and stated that he would not vote in favor• unless she withdrew her objection. There was a discussion as to other possible locations for the warehouse, but none were determined. Mr. Barr stated that he would abstain from voting, since he has a monetary interest in the case. Mrs. Hajdu made a motion, seconded by Mr. Barr, that the exception be granted. Motion carried by roll call vote as follows: M. Sutliff - No; Mr. Lester - Yes; Mrs. Hajdu - Yes; Mr. Barr - Abstained. B. Recommendation from P&Z re Request for Rezoning from Industrial to Business - East Addition, Block 33, Lots 4-8; Townsite Addition, Block 1, Lots 1-6, 11, 20-28 - Property Owners and P&Z Initiative - Case 117-C. The recommendation and minutes were read, and the background of the case' reviewed. Mr. Sutliff moved, seconded by Mr. Barr, that an ordinance be drawn rezoning the property to Business Motion carried by unanimous voice vote. C. Request forlRezoning from Unclassified to Business - USS 1396, 2.38 Acres Lying Adjacent tolBlock 1 of Airpark Subdivision Toward City - Baranof Heights, Inc. - Case 178-A 4 Recommendation from P&Z. The case was reviewed. After some dis- cussion, Mrs. Hajdu moved, seconded by Mr. Sutliff, that the Attorney be instructed 0 prepare an ordinance rezoning this property to Business. Motion carried by unanimous voice vote. D. Recommendation from P&Z re Request for Rezoning from R-1 to Business - Leite Addition BlOck 2 Lots 1 & 20 - Max Therkelsen - Case 102-D. The case was reviewed. Mr. Madsen stated that this would not be considered spot zoning because of the historical use of the property as business. Mrs. Hajdu moved, seconded by Mr. Sutliff, that the Attorney be instructed to prepare an ordinance 4g4pning this property to Business. Motion carried by unanimous voice vo e E. Subdivision of USS 3469 Proposed by Mr. Champion of Karluk Land Co. Mr. White reported that th& Karluk Land Co. has been given a ten-day demand for payment of the money now due on this property. A six-month extension of time on the annual payment had previously been granted and was not met. The land will revert to the Borough if the payment is not made. Also, the deadline for the approval of the final plat is in August. VIII OLD BUSINESS A. First Reading of Ordinance 67-11-0 Amending the Penalty for Non-Filing.and Payment of Personal Property Tax. The ordinance was read. An error was found, and it was pointed out that the penalty should be stated as 10% of the total tax on the evaluation, rather than 10% of the valuation. Mr. Sutliff moved, seconded by Mr. Barr, that the ordinance be approved as corrected in the first reading. During discussion, further errors were found, and it was decided that the ordinance should be returned to the attorney for correction. Mr. Barr moved, seconded by Mrs. Hajdu, that further action on the ordinance be • tabled until the next meeting. Motion carried by unanimous voice vote. IX NEW 'BUSINESS A. Mr. Valkama re Oceanographic Research Center Committee, Mr. Valkama explained that this Committee had been set up by the Chamber of Commerce to work toward a Center being established in Kodiak. Mr. Udall has proposed $26 million for MaIORAND TO: Assembly FROM: P&Z • July 6, 1967 • SUBJ: REQUEST FOR REZONING FROM R-1 TO BUSINESS - TEIM ADDITION, BLOCK 2, LOTS 1 & 20, - MAX THE 1 EN - CASE 102-D The Commission recommends that this rezoning be approved. They feel that these lots are more suitable for Business purposes than Residential because of the way that they are situated, and therefore this would not constitute spot zoning. Since -the feelings of the nearby property owners have already been heard at a recent public hearing concerning this area, a second public hearing was deemed not necessary. S. Hendrix, Secretary PLANNING & ZONING s'\ OMPL0N_MEETING - June 28, 1967 - • C. Request for Rezoning from Industrial to Business - tast Adaition, Biock 33, Lots 4-8; Townsite Addition, Block 1, Lots'1-6, 11, 14-16, 20-28 - Property Owners and P&Z Initiative - Case 117-C. The meeting Warecessed and the public hearing opened. Mr. Johnson, representing KEA 00ected to Lots 14-16 of Block 1, Townsite, being rezoned from Industrial to Business, since expansion of the KEA facilities is planned, and the use of the leis Will remain Industrial. Mr. Fuller stated that the property owners in the area do hot want to be kept from business use of their lots just because of KEA. Mr. Cannon, who lives within 300 feet of the proposed rezoning, spoke strongly in favor of it. He feels that more business area is needed and that some should be provided other than the very expensive urban renewal area. A written request frmn Tony Perez to include his Lot 13, Block 1 of Townsite was noted. There were no fUrther comments and the public hearing was closed and meeting reconvened. Mr. Richmond suggested that the three KEA lots be omitted from the rezoning and left Industrial. There were no objections. Mr. Richmond moved, seconded by Mr. Welch, that it be recommended to the Borough Assembly that the proposed area be rezoned from Industrial to Business, with the exception of Townsite Biock 1, Lots 14-16, which should be left Industrial. Motion carried by unanimous voice vote. 2 D. Request for Rezoning from Unclassified to Business - USS 1396, 2.38 Acres Lying Adjacent to Block 1 of Airpark Subdivision Toward City - Baranof Heights, Inc. - Case 178-A. The meeting was recessed and the public hearing opened. The plat was studied and the exact location of the area was pointed out by Mr. Best. Two gentlemen in the audience objected to the rezoning if it will create more junk in the area. They also complained about the junk already in the area. Stansbury explained that summonses are being issued to those individuals who are not cooperating incleaningup, their lots. There were no further comments and the hearing was, closed, and meeting reconvened. Mr. Williams ,moved, seconded by MrRichmond that it be recoMmencled to the AsseOlY that :thig-area be -Teohed to Business. Motioncarriedby, unanimous: voice -vote. Vil ZONING' ITEMS • - . A. Request ,for Rezoning from R=1 td.BUsiness 'AdditiOn'Biock.72-LatS i8: 20' Max.Therkelden (Case 102,1). Mrs. ‘1Therlc;04:serl explained that they felt thesev lOtS,,Were„SUitable only; for business purposes. 1.110;Coi.iraisiOrIragreed that .thes lots should be zonedbusiness-It was recalled th'atk:i;40.orko!§'.opinion was that this: would nOtinePessarily'1*•SPot iipt,a4;doOhd,.on whether the location woulcl justify - pie'001*:toit *,7 It was agreed not to hold atulgtp:heOing 01-17:440, rezoning, slnce one h ))0-'1i.1614 on a preflou'd request from Therkelsens and bt,heki t:470130V„ 'aufleit- for a rezoning of a larger area. facAre'C, seconded by Mr. Weleb, that reOarrmended to the Assembly that these lots be reZOned:t6,:B4SineSi. Motion carried by uharilOolis. VoiceVOte. B. '.te4i;e8.6 for Exception for ''Smail 'Tool. 'Rental' and2SeCOna',Ploor Atjartrtiefit-Rental.- Lbt-4 Resubdivisinn of Lot 21, USS 3099 - Robert Brooks - Case 181-A. Applica- i). tion,letter was read anq.,..plat.stl..zdied,apd explained by, Mr, •p.t, representing,,,._ Brooks Mr Ricbrnond oade'a-iiitotion,-'sedanded by Mr Wel9h, that a public be held on this'.caSe at ,the-nekt,meetifigi.,--:.`Motion,t-darried:ipy-unapimbus voloevote Vill SUBDIVISIONS' :-2PRELImINAR'ApPHOVAT.:8'•:= ij�ne ' - '" . " " 3X.; SUBDIVISIONS FINAL i,AppliqvAtA..;-.NOne - XOLD i3U-B.INESS ''-;•'• None - ;.-, • .-i.• .••', , ; f 41 )�I PLANNING-& STAFF:CHM; A. Mare' Time for InveStigation.' Mr. Williams' suggested that more between presentation of cases and public ,hearirigs, so that the ' members will have -mor e timetoreseardh'each''Pase.,'-')- ...* = AUDIENCE CpMENT None . r , , XIII ADJOURNMENT.- ke meeting 'acljdurned at 9:00 p.m, APPROVED: - Resijectfully sLIbmitted,.." .:' • • . , . . ; • Arne Hansen, Chairman planning 4 4oning Commission • time be allowed .Commission - • . : -• Sally Hendrix Secretary KODIAK ISLAND BOROUGH PLANNING &-ZON1NG:COMMISSION MEETING - June 8, 1967 CALL TO ORDER The meeting was called to order at 7:35 p.m. in the Magistrate's Courtroom, Donnelley Building, Kodiak, Alaska, by Deputy Chalxman John Waller. CALL Present Absent JohnWaller Arne Hansen (excused) Td.CrOss Herb Richmond John Welch has Williams Also pi,esent: Jim Stansbury, Building Inspectors Sam Best, Ordinance ceimittee Chairman; and approximately 30 people in the audience. III MINUTES OF PREVIOUS MEETING - 5/213/67. Mr. Richmond, seconded by Mr. Williams, moved that the minutes be accepted as presented. Motion carried by unanimous voice vote. IV OTHER MUMS A. Assembly - 6/1/67 B. Ordinance COmmittee -. 6/6/67 There were no comments, v CORRESPONDENCE 7 PEOPLE TO BE HEARD - None VI PUBLIC HEARINGS! A. Request for Variance - East Addn Elk 35 Lot 3A - Glen Lewis (Case 177-A). The meeting was recessed and the Public hearing opened. Mr. Lewis stated, in reply to a previous objection concerning the Parking problem in the area, that he would provide 15 feet of off-street parking. Mr. Richmond stated that the parking problem had not been expressed -in connection with the variance, but only as a general problem in the area. The Commission concurred that the lot would certainly be improved. by the construction of a new building. There were no other comments, and the hearing was closed and meeting reconvened. Mr. Richmond, seconded by Mr. Williams, moved that the variance be approved. Motion carried b unanimous roll call vote. B. •Bequest for Rezoning from R-1 and Unclassified to Business - Leite Addn Blk 1 Lots 3-18; Blk 7 Lots 3-24; All of Blks 2, 3, 5, §.2U OSS 3066 AB, All of Bik 1, Bik 2 Lots 1-4,, Urdahl Sub (USS 2873) - Max Therkelsen (Case 175-B). The meeting was recessed and public hearing opened. mr. Beukers, Hr. and Mrs. Putansu, Mr. Bolden, Mr. Powell, Mrs. Harvey, Mr. Edris, Mr. Lee, and three other ladies and one gentleman who did not give their names spoke against the rezoning. Nik..Bolden felt that long-time Kodiak residents are entitled to Protection against businesses coming into areas which are restricted for residences. He said that this was originally a residential area and that the various businesses had been allowed to be established there because at that time there was nowhere else for them to go. He felt thkt we should follow the 1980 Plan and stick to it. There were some specific objections to the Therkelsen lots being used as a Drive -In, since it caused disturbances to the neighbors. Other reasons given as objections to the rezoning were that there are many children being raised in the neighborhood; it would cause traffic congestion; there are view lots in the area that are much more suited to residences than businesses; there are many more residences in the area than businesses, and the businesses do not amount to much and encompass a lot of 'junk." One gentleman asked that the rezoning be given serious consideration, since he did not feel R-1 zoning was realistic for the area, because of the businesses spotted throughout it. Mrs. Therkelsen defended their request by stating that they did not feel that a Drive -In or other business on their property would detract from the neighborhood. They also do not feel that their grandfather's rights should have been taken away from them. Mayor Deveau, speaking for the City, stated that they were anxious to clear up the junk problem. He said that Mr. Holman tiad been in court several times, but that there has been a lack of support from the Magistrate in sentencing individuals who have been brought before him. The City is in the process of issuing summonses against all individuals who have failed to dispose of junk. The public hearing was finally closed and the meeting reconvened. feeeeeeNe & ZfflINGOOtW mewl% eu,ne T, The Commission discussed the rezoning and agreed that glee ju1d 00:el 90 mueb business zoning since the Tagura Road area was Weeeleeeder ceeeieeeetiere Mr. Williams seconded by Mr. Riehmond, 0 -d teat tee reeomMendatin be made to the Assembly that the area not be rezoned to Business. Meteon'earried by unanimous voice vote. Further discussion was held with MrseTiiiikeeeen,ded she asked to be placed on the agenda for the reit meeting with a relief* that the two Dr*e-In lots be rezoned to Businese. VII ZONING ITEMS - i7RELIMINARY MUD! A. Request foriVecation of Alley Between Lots 1-0 ane 9-16.1eeet Aden Yale37 - Pet t on: The pleteeeheepropeeed eedetialleteeeteelied. evereDeVeeu stated that there had been some difficulty with the wording on the petitien, but that the majority of the property owners concerned had agreed to sign it. ee reqeeeted peproval for advertising subject to submission of the petitlon. He explained that the property owners desired the use of the area now designated as the ahoy; that they did not wish the trees on the property cut down since it would create a wind tunnel; and that they all had off-etreet their own property. An objection had been reeeived from Mre Jo eel which had subsequently been withdrawn since an agreement had been reached en a utility easement. Mr. Cross, seconded by Mr, elebmond, raved that advertising for a publie bearing on he vacation be approved, subject SUbJeC tQ SUbMiliSten of the Petition. Motion carried by unanimous voeee vote4 B. Request for Varian ce - Let e5, ee 5, Ereeine i4jqfl - Ric Case lee, Application lettereae read and 010 Studied; seeeneed OyeMr, Williams that a public bearene be held on this case at the Peet meeting, June 28, After a brief diSceesien, meeion carried by mntnxu Veice vete. C. Bequest foriVacateon - TQwnsite elk 18 Lts 19, 20 e, a teehale, Owene, Isee,eCete of -leediate (Cate 1554), peat- was 01,4W and Mr, Wee expuilio the purpose and iptent-of the.vecateon, Be requested aPPreval for edeertee subject to subeisiinn cif petition, which had been delayed, Mr, Williams eleveci, sedended by Mr Welch, that advertising for a public hearing on the vaeation be ePProved', subject to submission of the petition. btiQn carried by unanixeus voice vote.I D. Aeeeeet for Rezoning from Unclassified to Business - Pron of USS 13 Baranof Heights Inc 1pplicat1on letter was read and plat studied. - Thee proposed rezoning would extend the present Business zoning in Bieck 1 of Mrpark Subdivision for 2.38 acres toward the City Mr. Williams moved seconded by Mr. Welch, that a public hearing be held on this rezoning at the next meeting, June 28. Motion Carried by unanimous eoiee Vete. E. Request qi.*s qr Rezoning Lower Teeera Road ARea to Busiriees T. Paler - EetAdlition Baodk 3 Lets 4-ei Tawnsite Block 1, Lot and 1]. Mr. fue1Or presented a petition signed by the owners of thio property feel that Industrlal ening ie this area is too 'Pelted, and that be more opportunity for use of their property as BusineSs. After further 41.pouspien, Mr. Richmoteimede election, seconded by Mr. Cress, that a public hearing be held on this rezoning at the next meeting en June 28. After further discussion, motion carried by unanimout voice vete. It was tben pointed out that this request EaTra be combined eith tbe intent of the Commissioh and the Assembly to rezone this area to Business. A1Vit some discussion, mr. Richnondino4ed that the Commission, on its own initiative, add to this rezoning the remaining area on the upper side of Tagura Road which is new zoned Industrial. nejee011.400eded by Mr. Cross and carried by unanimous voice vote. F. Exception to Bald Hospital in.Unclessified Zone - P*14on ofeeSS len a.. Let 1, US 8 35111- BOrough-InitiatiVe. et was explaIned-thae. this ekceptide eibbeted to eetecheedality only, slnee the Ordinanee Committee hake recommended that hospitals be allowed in Unclassified zone§ in the revised Ordenance, but if eenetructioe takes place before the revision. the 00eMeeeeen should go on reqprd as greeting exceptien so tat no ccniffJot wiII eeist with the present ordirianoe, Ate Welliaeemoved, seconded by Mr.Welch, that the exception be irarAed, Motion came' by unanimous voice Vote. eteeDIVItiONS - PRELIMINARY APPROVALS -- None SUBDIVISIONS - FINAL APPROVALS - None =BUSINESS - None PLANNING & STAFF ITEMS .0, -iereof BusinesS District. This matter was discussed under ear. VILE. 4104° CalMENTS - None AbeOURNERP - Tee meeting adjourned at 9:20 pen. X xI XU ROY 1-1. MADSEN DAVID B. RUSKIN Kodiak Island Borough Box 1246 Kodiak, Alaska LAW orricics or MADSEN & RUSKIN P. O. MO X 71• KODIAK, ALASKA 00615 April 27, 1967 TtLEPNONIE 466-117611/ RE: Request for Opinion on Therkelsen Property Gentlemen: In accordance with your request, I submit the following opinion on the Therkelsen property situate in the Leite Addition, Kodiak, Alaska. I am in agrelment with you that an exception for business purposes cannot be granted in a residential zone. The question remaining is whether tIlleproperty can be rezoned. Mr. Hansen's interpreta- tion of "spot zoning" contained' in your letter of April 13, 1967, is only partially correct. The‘tostjs not whether the proud rezoning wili financially benefit the-ProP6rtY—owneF, aS—aistin- guished from TI:re general community but Fa die.if„Wftrattier—ttre—a-r----Ca- to 15-o-ch-angeT -iWhich may consist of one or more lots, is suffillentr— dissimi]ar from the surrounding-ar-ea-to—lus-tify—m chase. in zonTilg - - Section 24 of the Zoning Ordnance permits a change in classifica- tion'if "the public necessity, convenience, general welfare or good zoning practice" dictates such a change. The basic rulelis'this: if a change of zone is reasonable and is in accordance With the comprehensive plan of the Zoning Ordinance and can be jusOfied in contributing to the public health, safety, and general welfare, it not be held invalid as "spot zoning", even though the' reclassification only affects a single piece of property or ma3/ incidentally discriminate in favor of the owner thereof. If the property in question can he rezoned in accordan,C-e, with good'zoning practices and the proposed use of the area will promote the community welfare, then there is no legal reason Why the use cannot 'ibe changed. It is very difficult to give a lega[ interpretation which will answer your question in concrete terms, because whether a change in zoning wi]] promote the public welfare is essentially a _ quet Lon of fact which can only be answered by your commission.. r• 2 April 27, 1967 Again, -I wish to reiterate my contention that the issue is not solely one of '!size of the property or financial benefit to the owner, or fin#cial benefitto the community, but whether the proposed ch.n ie taken as a whole will promote the, general welfare of . the communi.ty. • Very truly yours, MADSE\ & RI;SKIN, 'David f3. Rns`kin