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