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Lot 6A, Block 3, Leite Addition - ExceptionMELVIN M. STEPHENS, Id A RROPESSIONAL CORPORATION ATTORNEY AT LAW 109 CENTER AVENUE, SUITE 206 P. O. BOX 1129 itontrR, AI.ASRA 00016 TELEPHONE (907) 986-3193 MEMORANDUM TO: Kodiak Island Borough Community Development Department FROM: Melvin M. Stephens, 1I -. 11 RE: Lot 6A, Block 3, Leite Addition Gear Storage Grandfather Rights My File No. 8529.05 DATE: November 15, 1991 QUESTION PRESENTED You have asked for an opinion as to whether and to what extent Lot 6A, Block 3, Leite Addition ("Lot 6A"), which is zoned R-1 (Single -Family Residential), may be used for the outdoor storage of commercial fishing gear. ANSWER While the question is not without some doubt, in my opinion no part of Lot 6A, Block 3, Leite Addition may be used for the outdoor storage of commercial fishing gear consistent with the Kodiak Island Borough Code. Outdoor storage is not permitted in an R-1 (Single - Family Residential) zoning district. 1' Assuming for the sake of argument that the owner of this lot may at one time have had certain "grandfather rights" to use the lot for outdoor storage, in my opinion all such rights were waived by the application for a acceptance of a variance in 1985, which variance permitted an addition to an accessory building to remain on the lot. 1' See MEC 17.18.020. Outdoor storage is a permitted use in B (Business) zoning districts (KIBC 17.21.020W) or in I (Industrial) zoning districts (KIBC 17.24.O10U). It is also permitted in RR -1 or RR -2 (Rural Residential) districts if an owner -occupied dwelling is present on the premises (KIBC 17.15.020D and 17.17.020D). Kodiak Island Borough -2- November 15, 1991 DISCUSSION Whether or not grandfather rights may authorize an otherwise illegal use of property within Kodiak Island Borough is an inquiry which must turn on the specific facts associated with a particular case. Furthermore, the owner of the property in question is, more often than not, in a better position to determine those facts than is the staff of the Community Development Department. Therefore, as a general rule, I think it is inappropriate for the Community Development Department to issue or obtain legal opinions on such matters at the request of individual property owners. In the present instance, I have assumed that at some point in the past the owner of Lot 6A may have possessed grandfather rights to use that lot for outdoor storage despite the Zoning Code's prohibition of such a use in an R-1 zoning district. Let me stress that this assumption was made purely for the purpose of the rendering of this opinion, however, and that the three files which I was asked to review'-' contain no significant facts which bear on this issue, one way or the other. Chapter 17.36 of the Borough Code contains several provisions permitting the continued existence of nonconforming lots of record, structures, uses of structures, or uses of land under certain specified conditions. Those relating to nonconforming uses of land are found at KIBC 17.36.060. Such provisions are not favored in law and are strictly construed against the continuance of the nonconforming use. u Indeed KIBC 17.36.020 is specific on this point, stating, in relevant part: Nonconforming uses are declared by this chapter to be noncompatible with permitted uses in the land use district involved. While nonconforming land uses meeting the requirements of Chapter 17.36 are permitted to continue "until they are removed," KIBC 17.36.020 specifically states that "nonconforming uses shall not be enlarged upon, expanded, or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the district." Therefore, it is my opinion that such rights may be relatively easily waived. I believe that any grandfather rights which might at one time have permitted outdoor storage on Lot 6A were waived in the course of the property owner's applying for and accepting a variance from section 17.51.050 of the Borough Code in 1985. The variance in 2' Case No. 85-042, Case No. 91-041 and Lot 6A, Block 3, Leite Addition. a' See Kelly Supply Company Inc v. City of Anchorage, 516 P.2d 1206, 1210 (Alaska 1973), (applying "the general policy that nonconforming uses are to be restricted and terminated as quickly as possible"); accord, Stephen and Sons v. Municipality of Anchorage, 685 P.2d 98, n.6 at 102 (Alaska 1984). Kodiak Island Borough -3- November 15, 1991 question, which is the subject of Case No. 85-042, permitted an addition to an accessory building which exceeded 10% of lot area to remain on the lot. It was granted upon two conditions. The first was that lots 6 and 7A, Block 3, Leite Addition be replatted into one lot (which became Lot 6A). The second condition was that: All outdoor storage that is feasible to move shall be placed inside the accessory building. v While this second condition did not flatly state that the applicant for the variance was required to give up all grandfather rights to outdoor storage in return for the variance he was requesting, such a conclusion is supported by the findings of fact which were adopted on September 18, 1985. The third out of five findings of fact reads: Granting of the variance will not be detrimental to the public's health, safety and welfare because all outdoor storage must be relocated within the structure. This will eliminate a potential attractive nuisance to children. This finding was presaged by the variance application itself, dated May 28, 1985 in which the applicant, Terry Lowenberg stated that the granting of the variance would not result in material damage or prejudice to other properties in the vicinity because "inside storage will prevent unsightly outside storage." The applicant also presented to the Planning and Zoning Commission a petition supporting the grant of the variance. That petition, which was signed by twenty of the applicant's neighbors offered, as a reason for granting the variance, the statement: "We would rather look at a building verses outdoor storage." Other statements in support of the variance request were to similar effect. Under the circumstances, then, it is my opinion that any grandfather rights to use Lot 6A for outdoor storage were waived upon the property owner's acceptance of the 1985 variance containing the condition quoted above. ' As the 1985 proceedings before the Planning and Zoning Commission make it clear that the accessory building was intended for the storage of fishing gear, I do not think this use of See minutes of August 21, 1985 Planning and Zoning Regular Meeting, at 3, and the August 23, 1985 letter from Robert H. Pederson, Assistant Planner, Community Development Department, to Terry Lowenberg, the property owner. 5, E.g., a 8/14/85 letter of Dan Farrar and a 8/8/85 letter of Dick Powell. If the condition was unacceptable to him, the applicant could have either appealed the matter to the Borough Assembly or refused to accept the variance. Kodiak Island Borough -4- November 15, 1991 the accessory building may be prohibited. '-' The lot may not be used for outdoor storage, however. 21 It has been suggested that the storage of commercial fishing gear in an accessory building on a lot zoned R-1 is itself a nonconforming use. A strong argument can be made to the contrary. Paragraph A of KIBC 17.06.080 defines an accessory building as: "A detached building, the use of which is appropriate, subordinate and customarily incidental to that of the main building ...." In my opinion the use of an accessory building to store items owned by or in the possession of an individual living in a residence on the same lot is "appropriate, subordinate and customarily incidental to" the use of that residence regardless of whether the items in question ultimately may be used for commercial, as opposed to purely personal, purposes. Attempting to judge the appropriateness of storage in a accessory building by the ultimate use of the items being stored leads to distinctions which I feel no court would uphold. Such an approach would, for example, permit an accessory building to be used for the storage of a personal automobile but not for a taxi or for a pickup used solely in connection with a commercial business. It would permit such a building to be used to store a skiff used solely for sporting purposes, but it would preclude the storage of that same skiff if used in connection with a commercial fishing operation. In niy opinion such distinctions would more likely that not be struck down as in violation of the equal protection clause of the Alaska Constitution if ever challenged in court. FILE COPY AUTHORIZATION TO REQUEST LEGAL OPINION TO: Mel Stephens Attorney at Law DATE: November 6, 1991 ACCOUNT: 100-115-431-120 PROPERTY DESCRIPTION Lot 6A, Block 3, Leite Addition SUBJECT OF REQUEST Establishing the extent of existing grandfathered (non -conforming) land use rights on Lot 6A, Block 3, Leite Addition, to place commercial fishing gear on a residential lot in the R -1 --Single Family Residential Zoning District. REASON FOR REQUEST Property owner asserts unrestricted right to use accessory building and available lot area for placement and storage of commercial fishing gear. The only documented right to use accessory building for commercial fishing gear storage is a condition of approval for a variance permitting a 20' X 40' addition to an existing 40' X 40' accessory building to encroach into a setback. No previous right to store gear in the accessory building is documented in department files. Staff has acknowledged the condition of approval established by the Commission, even though the authority of this action is not without question., Staff is willing to accept the condition of approval, due to the passage of time and incompleteness of the record surrounding this particular aspect of the decision. Staff believes that some corresponding restriction upon the right to use the available lot area for placement and storage of commercial fishing gear is implicit in this view of the circumstances relating to this lot. Staff requests assistance to make a discrete determination of the extent of remaining rights to place fishing gear on this residential lot as requested by the property owner. Property owner is currently offering the property for sale and would like to document the extent of remaining grandfather rights prior to sale. REQUESTED BY: REVIEWED BY: Linda L. Freed, Director Jerome M. Selby, Borough Mayor Community Development Dept. AUTHORIZED BY: Purchasing Agent Two (2) signed copies of the form to the Community Development Department J The granting of a conditional use permit will not, with appropriate conditions. be harmful to the publlo's health. safety and welfare. Though there will be a certain level of inconvenience. the removal of rock and development of a school will in fact eliminate, the hazardous conditions found on the lot presently which could be harmful to the public's health and safety. A public project such as this might be the only way to eliminate this unsightly and dangerous condition and eliminate a neighborhood liability. 4. The sufficient setbacks. lot area. buffers or other 5. •K1 .1 1' 1' 1VI11 1 H' 1- 111111 111' . 11, :1 1 1 11 The site plan granted conceptual approval by the Commission provides sufficient setbacks,. lot area, buffers or other safeguards to meet the requirements of a conditional use permit. The conceptual site plan portrays a structure which is centrally located on the site. surrounded by parking areas and play fields which will provide adequate buffer areas around the main structure. The rock cuts remaining on site must meet Federal Guidelines and locally adopted grading requirements for finished slopes. Though not shown on the site plan. the School District contemplates protective fencing, as well as restricting access to some areas on the site. benefits. The removal of rock, based on a site plan for a specific public use will maximize public benefits by eliminating a neighborhood hazard and creating order by restoring a former gravel pit. It will take a project on the scale of the proposed elementary school to marftnf'e public benefits at this pit area. The motion was seconded. There was some discussion as to whether there was a need to restrict the access. as Mike Anderson pointed out that it would be most practical for drivers to use the Otmeloi Way route to Rezanof anyway. COMMISSIONER HEINRICHS WITHDREW Condition #2. The second concurred. . The question was called and the motion CARRIED by unanimous roll call vote. D) Case 91.041: An exception from Section 17.18.020 (Permitted Uses) of the Borough Code to permit an office to occupy the lower floor of an existing single-family residence; and P & Z Mlnutec August 91. 1991 Page 9 of le A finding in accordance with Section 17.36.050C (Non- conforming uses of structures) of the Borough Code that the proposed use of the accessory building on the property as a retail store is equally or more appropriate than its use as a fishing gear warehouse. The Commission had been presented with a supplemental staff report and at this point took a five (5) minute recess to read the additional material. DUANE DVORAK indicated 26 public hearing notices were mailed for this case and 4 were returned. opposing this request. Duane also indicated that the exception request had been withdrawn by the applicant. and that the only request the Commission needed to address was the request for a finding. Staff recommended denial of this request.. Regular Session Closed. Public Hearing Opened: Edwina Horn appeared before the Commission and expressed opposition to this request. Helen Wandersee appeared before the Commission and expressed opposition to this request. Bob Brodie appeared before the Commission and expressed support for this request. Louie Lowenberg appeared before the Commission and expressed support for this request, and as the applicant, officially withdrew the request for the exception. Helen Wandersee appeared again and expressed opposition to this request. Mary Jane Longrich appeared before the Commission and expressed opposition to this request. Candy McGuire appeared before the Commission and expressed opposition to this request. Tonya Donaldson appeared . before the Commission and expressed opposition to this request. and read a letter from Bill Donaldson. also opposing the request. Sharlene Sullivan appeared before the Commission and expressed support for this request. Tonya Donaldson appeared again and spoke of her observation of the Salvation Army operation on Mill Bay Road. Ruth Gordon appeared before the Commission and stated that the proposed Salvation Army site would not be used as a food distribution center. She spoke in favor of the request. P & Z Minutes August 21, 1991 Pae l0 of le Helen Wandersee appeared again and stated that she felt the Salvation Army would be better located in a downtown area. John Mahoney appeared before the Commission and expressed opposition to the request. He pointed out that all of those speaking in favor of the request did not live in the neighborhood of the proposed Salvation Army site. Jim Mallory, representing the Salvation Army in Anchorage, appeared before the Commission to answer some questions asked In previous testimony and to express support for the request. Mary Jane Longrich appeared again and expressed concern for increased traffic In the area, and the need for better access and parking. Helen Wandersee appeared again and also expressed concern for increased traffic and the need for better access and parking. Louie Lowenberg appeared again and stated that he felt the Salvation Army would be a 'Good Neighbor', perhaps better than another family which may move in. Della Lackey appeared before the Commission and expressed opposition to the request. Public Hearing Closed. Regular Session Opened. COMMISSIONER HARTT MOVED TO FIND that, per Section 17.36.0500 (Nonconforming uses of structures) of the Borough Code, the proposed use of the accessory building on Lot 6A, Block 3. Leite Addition as a retail store is equally or more appropriate than the use of the structure as a fishing gear warehouse. The motion was seconded and FAILED by unanimous roll call vote. COMMISSIONER COLEMAN MOVED TO ADOPT the applicable findings contained in the staff report dated August 8. 1991, as 'Findings of Fact' for the Nonconforming Use Determination Case 91-041. FINDINGS OF FACT - NONCONFORMING USE 1. Fishing gear storage, both inside and outside structures. is historically more acceptable as a non -conforming use in the Kodiak community. 2. Fishing gear storage is essentially a private use of land. whereas, a retail sales establishment would inherently require access to the property by the public to transact bnoness. P & Z Mlnutan August 91, 1991 Page 11 of 18 3. A retail sales establishment would generate more traffic, in terms of the total number of trips to and from the site and the duration of traffic throughout the year, compared to movement of fishing gear storage during seasonal peak activity The motion was seconded and CARRIED by unanimous roll call vote. E) Can 391-029. Preliminary approval of the creation of Tract D within U.S. Surveys 2261 and 4947 (North side of the Near Island access road). DUANE DVORAK indicated 43 public hearing notices were mailed for this case and none were returned, Staff recommended approval of this request. LINDA FREED stated that a request from the City of Kodiak was received. In approving the subdivision, they wished the name of the access road be designated as DOG BAY WAY. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. COMMISSIONER COLEMAN MOVED TO GRANT preliminary approval of the subdivision of a Portion of U.S. Survey 2261 and a Portion of U.S. Survey 4947, creating Tract D. within U.S. Surveys 2261 and 4947; and to adopt the findings contained in the staff report dated August 13. 1991. as 'Findings of Fact' for this case, and that at the request of the City Council, the Near Island access road be designated on the plat as DOG BAY WAY. FINDINGS OF FACT 1. This plat meets the minimum standards of survey accuracy and proper preparation of plats required in Title 16 of the Borough Code. 2. This plat meets all the requirements of Title 17 of the Borough Code. 3. This plat is generally consistent with adopted Borough plans and provides a subdivision of land that supports those plans. • The motion was seconded and CARRIED by unanimous roll call vote. F) Caee S91-030. Request for preliminary approval of the vacation of portions of U.S. Survey 1673. Alaska Tidelands Survey 1408, and Alaska Tideland Survey 955, creating Tract F & Z MMus August 11. 1991 Page 19 of le C.L. and Nancy Lowenberg Arctic Sun Fisheries P.O. Box 767 Kodiak, Alaska 99615 Kodiak Island Borough 710 MILL. BAY ROAD KODIAK, ALASKA 99615-6340 PHONE (907) 486-5736 August 22, 1991 RE: Case 91-041. An exception from Section 17.18.020 (Permitted Uses) of the Borough Code to permit an office to occupy the lower floor of an existing single-family residence; and A finding in accordance with Section 17.36.050C (Non -conforming uses of structures) of the Borough Code that the proposed use of the accessory building on the property as a retail store is equally or more appropriate than its use as a fishing gear warehouse. Dear Mr. & Mrs. Lowenberg: The Kodiak Island Borough Planning and Zoning Commission at their meeting on August 21, 1991, acknowledged the withdrawal of the exception request cited above and denied the finding request cited above. An appeal of this decision may be initiated by; 1) the applicant, or 2) any person who was sent a written notice or submitted timely written comments or gave oral testimony at the public hearing before the Commission, by filing a written notice of appeal with the Borough Clerk within ten (10) working days of the date of the Commission's decision. The notice of appeal must state the specific grounds for the appeal and the relief sought by the appellant. Therefore, the Commission's decision will not be final and effective until ten (10) working days following the decision. The Commission adopted the following findings of fact in support of their decision: 1. Fishing gear storage, both inside and outside structures, is historically more acceptable as a non -conforming use in the Kodiak community. Kodiak Island Borough C.L. and Nancy Lowenberg August 22, 1991 Page Two 2. Fishing gear storage is essentially a private use of land, whereas, a retail sales establishment would inherently require access to the property by the public to transact business. 3. A retail sales establishment would generate more traffic, in terms of the total number of trips to and from the site and the duration of traffic throughout the year, compared to movement of fishing gear storage during seasonal peak activity If you have any questions about the action of the Commission, please contact the Community Development Department. Sincerely, Eileen Probasco, Secretary Community Development Department cc: Sharlene Sullivan, Associated Island Brokers Bob Brodie, Associated Island Brokers DATE: TO: FROM: SUBJECT: CASE: APPLICANT: AGENT: REQUEST: LOCATION: ZONING: PUBLIC HEARING ITEM VI•D Kodiak Island Borough SUPPLEMENTAL MEMORANDUM August 19, 1991 Planning and Zoning Commission Community Development Departmer Information for the August 21, 1991 Regular Meeting 91-041 Arctic Sun Fisheries C.L. and Nancy Lowenberg A finding in accordance with Section 17.36.050C (Non- conforming uses of structures) of the Borough Code that the proposed use of the accessory building on the property as a retail store is equally or more appropriate than its use as a fishing gear warehouse. Lot 6A, Block 3, Leite Addition (1723 Mission Road). R1 --Single-family Residential BACKGROUND The Commission discussed this request at the worksession on August 14, 1991. At that meeting, the Commission was provided with additional information by the applicant. Staff was requested to develop findings of fact in support of the approval of this request, based on the new information, so that the Commission would have all options available at the regular meeting on August 21, 1991. One point of particular concern was the access driveway, because it is not wide enough to meet the current code requirements for access to a commercial parking lot. Staff has reviewed the applicable codes and makes the following observations. 1. While the use of the building for commercial gear storage is essentially a private use of land rather than one involving public access, the fact is that commercial fishing gear storage is still a commercial land use and one could argue that the access drive is Case 91-041 Page 1 of 6 P & Z: August 21. 1991 PUBLIC HEARING ITEM VI -D nonconforming, just as the use of the warehouse is nonconforming, due to the fact that it was constructed and used for a commercial use, i.e. in support of commercial fishing gear storage. 2. The Borough Code does not permit structural changes to the structure in cases where one nonconforming use is permitted to replace an existing nonconforming use. The purpose of this requirement is to insure that any changes to a structure housing a nonconforming use will be towards increased conformity with the code. The code does not allow expansion, enlargement or other changes to a structure housing a nonconforming use that would result in greater efficiency or functionality in support of the nonconforming use. This logic could also be applied to the driveway access. If the Commission finds that the proposed use is as appropriate as the existing nonconforming use, it should do so in light of the existing physical capabilities of the property. Normally, an access drive that can only accommodate one-way traffic is an handicap to a commercial use. The proposed use would be expected to remain so handicapped for as long as it occupies this location with no improvements that would allow improved access to parking in support of a nonconforming use. 3. The proposed church use, while it is permitted in the R1--Single- Family Residential Zoning District, is considered an institutional use under Chapter 17.57 (Off-street Parking and Loading) of the Borough Code. Even though there is adequate off-street parking available for the church and the proposed retail store (based on an assumption of no overlapping hours of operation) the driveway access does not meet the twenty-four (24) foot width requirement for two-way traffic. This requirement applies to institutional as well as commercial land uses. It seems logical that if the driveway access is already a nonconforming access in support of a nonconforming commercial use, and that public access is determined by the Commission to be appropriate for the proposed retail store, then the driveway access should also be sufficient for the church, provided that the church parking requirement does not exceed the number of spaces required for the retail store. Case 91-041 Page 2 of 6 P & Z: August 21. 1991 PUBLIC HEARING ITEM VI -D If the retail store use is abandoned or lost for any reason, then the nonconforming status of the driveway access would also be lost. This could leave the church in a situation of having a driveway that does not meet the parking code requirements for two-way traffic. A variance could be requested to address the situation if there is no way to enlarge the driveway access to meet the requirements of the Borough Code. Another alternative would be to include a condition of approval that would provide that any use permitted in the R1--Single-Family Residential Zoning District could utilize the nonconforming driveway access as long as the nonconforming use served by the access in place on the lot and the nonconforming use accounts for the dominant parking requirement. It should be clear however that the right to use the nonconforming driveway are linked to the nonconforming use and should such use cease then the parking requirements for the church must be met or a variance obtained. Staff has not changed its recommendation in this case, however, in response to the Commission, findings in support of a change of nonconforming use have been developed for the Commission's consideration if it disagrees with the staff recommendation. FINDING OF FACTS 1. Commercial fishing gear storage is essentially a commercial use of land. The character of the traffic generated by a retail store may be different from a fishing gear storage use, however, the Commission finds that changes in the character of the traffic generated to and from the site will not adversely impact surrounding properties. 2. Commercial fishing gear storage is a commercial use of land, therefore, the access drive in support of this use is nonconforming as well, since it has never met the requirements of the Borough Code for access in support of a commercial land use. A change from one commercial use to another commercial use in the existing accessory building will not change the status of the access drive or require a variance. Case 91-041 Page 3 a 6 P & Z: August 21, 1991 PUBLIC HEARING ITEM VI•D 3. The Borough Code does not permit structural changes to the accessory building if the Commission determines that retail sales are as appropriate or more appropriate than the present use of the structure for fishing gear storage. The new use is expected to utilize the structure with no structural changes that would improve efficiency or functionality in support of the nonconforming use. It consistent with the intent of the code to expect that no improvements to the access drive on Lot 6A would be permitted in support of the retail sales use of the existing accessory building. 4. The property owner may change the use of the property to other land uses permitted in the R1--Single-Family Residential Zoning District provided that all other zoning code requirements are met. In the case of an institutional use, particularly a church, the use of the nonconforming driveway access is specifically permitted for the duration that the driveway supports the nonconforming use of the accessory building on Lot 6A. RECOMMENDATION Staff recommends that the Commission find that the proposed change of use from an existing fishing gear warehouse (accessory building) to a retail sales use, is not as appropriate or more appropriate than the present use. If the Commission disagrees with the recommendation however, an appropriate motion has been provided for approval of the requested change in use. APPROPRIATE MOTION NONCONFORMING USE OF STRUCTURE Should the Commission agree with the staff recommendation, the appropriate motion is: DENIAL Move to find that, per Section 17.36.050C (Nonconforminguses of structures) of the Borough Code, the proposed use of the accessory building on Lot 6A, Block 3, Leite Addition as a retail store is Case 91.041 Page 4 of 6 P & Z: August 21, 1991 APPROVAL PUBLIC HEARING ITEM VI -D equally or more appropriate than the use of the structure as a fishing gear warehouse. Staff recommends that this motion be denied and the following motion made. Move to adopt the applicable findings contained in the staff report dated August 8, 1991, as "Findings of Fact" for the Nonconforming Use Determination Case 91-041. Move to find that, per Section 17.36.050C (Nonconforming uses of structures) of the Borough Code, the proposed use of the accessory building on Lot 6A, Block 3, Leite Addition as a retail store is equally or more appropriate than the use of the structure as a fishing gear warehouse; and to adopt the findings contained in the staff report dated August 19, 1991 as "Findings of Fact" for case 91- 041. FINDING OF FACT - APPROVAL 1. Commercial fishing gear storage is essentially a commercial use of land. The character of the traffic generated by a retail store may be different from a fishing gear storage use, however, the Commission finds that changes in the character of the traffic generated to and from the site will not adversely impact surrounding properties. 2. Commercial fishing gear storage is a commercial use of land, therefore, the access drive in support of this use is nonconforming as well, since it has never met the requirements of the Borough Code for access in support of a commercial land use. A change from one commercial use to another commercial use in the existing accessory building will not change the status of the access drive or require a variance. Case 91-041 Page 5 of 6 P & Z: August 21, 1991 PUBLIC HEARING ITEM VI -D 3. The Borough Code does not permit structural changes to the accessory building if the Commission determines that retail sales are as appropriate or more appropriate than the present use of the structure for fishing gear storage. The new use is expected to utilize the structure with no structural changes that would improve efficiency or functionality in support of the nonconforming use. It consistent with the intent of the code to expect that no improvements to the access drive on Lot 6A would be permitted in support of the retail sales use of the existing accessory building. 4. The property owner may change the use of the property to other land uses permitted in the R1--Single-Family Residential Zoning District provided that all other zoning code requirements are met. In the case of an institutional use, particularly a church, the use of a nonconforming driveway access is specifically permitted for the duration that the driveway supports the nonconforming use of the accessory building on Lot 6A. Case 91-041 Page 6 of 6 P & Z: August 21, 1991 DATE: TO: FROM: SUBJECT: Kodiak Island Borough CASE: APPLICANT: AGENT: REQUEST: LOCATION: ZONING: PUBLIC HEARING ITEM VI -D MEMORANDUM August 8, 1991 Planning and Zoning Commission Community Development Department Information for the August 21, 1991 'itegular Meeting 91-041 Arctic Sun Fisheries C.L. and Nancy Lowenberg An exception from Section 17.18.020 (Permitted Uses) of the Borough Code to permit an office to occupy the lower floor of an existing Single-family residence; and A finding in accordance with Section 17.36.050C (Non- conforming uses of structures) of the Borough Code that the proposed use of the accessory building on the property as a retail store is equally or more appropriate than its use as a fishing gear warehouse. Lot 6A, Block 3, Leite Addition (1723 Mission Road). R 1 --Single-family Residential Twenty six (26) public hearing notices were distributed on August 2, 1991. Date of site visit: August 7, 1991 1. Zoning History:, The 1968 Comprehensive Plan identifies this area as R1 --Residential. 2. Lot Size: 3. Existing Land Use: 4. Surrounding Land Use and Zoning: North: 19,018 square feet Residential/Fishing Gear Storage Potato Patch Lake (portion of Lot 13, Block 55, East Addition Use: Vacant Case 91.041 Page 1 of 13 P & Z: August 21, 1991 PUBLIC HEARING ITEM V1 -D Zoning: C --Conservation and PL --Public Use Land South: Lots 18B and 18C, Block 8, Leite Addition Use: Single-family Residential; Single-family Residential Zoning: R1 -Single -Family Residential East: Lots 5 and 5A, Block 3, Leite Addition Use: Single-family Residential; Single-family Residential Zoning: R 1--Single-Family Residential West: Lots 7 and 8, Block 3, Leite Addition Use: Single-family Residential; Single-family Residential Zoning: R1 -Single -Family Residential 5. Comprehensive Plan: The 1968 Comprehensive Plan identifies this area as Medium Density Residential. 6. Applicable Regulations: The following sections of Title 17 (Zoning) of the Borough Code and the Kodiak Island Borough Coastal Management Program are applicable to this request: 17.18.020 Permitted uses. The foliowing land uses are permitted in the single -family -residential district: A. Accessory buildings; B. Churches; C. Greenhouses; D. Home occupations; E. Parks and playgrounds; and F. Single-family dwellings. 17.36.050 Nonconforming uses of structures. If a lawful use of a structure, or of a structure and premises in combination, exists at the effective date of adoption or amendment of the ordinances codified in this title, said use may be continued so long as it remains otherwise lawful, subject to the following provisions: C. If no structural alterations are made, any nonconforming use of a structure, or structure and premises, may be changed to another Case 91.041 Page 2 of 13 P & Z: August 21, 1991 PUBLIC HEARING ITEM VI -D nonconforming use provided that the planning and zoning commission shall find that the proposed use is equally appropriate or more appropriate to the district than the existing nonconforming use. In permitting such change, the planning commission may require appropriate conditions and safeguards in accordance with the provisions of this title. COASTAL MANAGEMENT APPLICABLE POLICIES Business Development 1. Natural Featur s Dredge and fill, excavation, shoreline alteration and disturbance of anadromous streams, tideflats and wetlands shall be minimized when constructing and operating port, harbor, dock, business and energy facilities - if' permitted under applicable regulations. Consistent: Not applicable. This action does not involve excavation or alteration of the coastal shoreline, disturbance of anadromous streams, tideflats or wetlands. 2. Natural Setting Views and Access Development shall be conducted in a manner that mitigates adverse impacts upon the Kodiak Archipelago; developers shall provide opportunities for public access to the shoreline and scenic views, to the extent feasible and prudent. Consistent: Not applicable. This property is not located along the coastal shoreline. 3. Dredge and Excavation Material Dredging and filling shall be consistent with ACMP Standards 6 AAC 80.040 (Coastal Development) and 6 AAC 80.110 (Mineral and Mining Processing). Dredge spoil may be utilized in Case 91-041 Page 3 of 13 P & Z: August 21, 1991 PUBLIC HEARING ITEM VI•D shoreside landfills if permitted under applicable regulations for the purpose of creating usable waterfront land. Consistent: Not applicable. This action does not involve any dredging or filling along the coastal shoreline. 4. Facility Design Developments in or over the water, such as piers, docks and protective structures shall be located, designed and maintained in a manner that prevents adverse :impacts upon water quality, fish, wildlife and vegetative resources and minimizes interruption of water circulation patterns, coastal processes and navigation. Consistent: Not applicable. This action does not involve development in or over coastal water. 5. Buffer Zones Buffer zones shall be established to the extent feasible and prudent, between business areas and major public transportation routes and between business development and adjacent, non- business properties in order -to minimize conflicts between land uses. Consistent: No. Buffer zones are not addressed in this proposal. Screening and buffers zones should be required as the Commission deems necessary and appropriate should the Commission grant approval of these requests. A large portion of the lot is already fenced, however the Commission would need to determine the adequacy of the existing screening. 6. Accessory Development Accessory development that does not require a shoreline location in order to carry out its support functions shall be sited away Case 91-041 Page 4 of 13 P & Z: August 21, 1991 PUBLIC HEARING ITEM VI -D from the shoreline whenever there is a feasible and prudent inland alternative. this category includes parking, warehousing, open air storage, waste storage, treatment or storm runoff control facilities or utilities. Consistent: Not applicable. This action does not involve accessory development. 7. Wetlands Filling and drainage of water bodies, floodways, backshores or natural wetlands shall be consistent with ACMP Standards 6 AAC 80.070 (Energy Facilities) and 6 AAC 80.130 (Habitats). Consistent: Not applicable. This action does not involve filling or draining of water bodies, floodways, backshores or natural wetlands. COMMENTS - EXCEPTION The purpose of this request is to permit a portion of an existing residential structure on a lot in the R1--Single-Family Residential Zoning District to be used for commercialofficepurposes. --Staff has reviewed this request and determined that the proposed use does not meet the requirements for a home occupation due to the fact that the offices are not intended to serve the needs of the residents of the structure, but instead will serve the needs of a prospective property owner, a corporate entity. The existing garage is also intended to be redeveloped as a chapel/conference room. Churches are a permitted use in the R1--Single-Family Residential Zoning District, however, if the room is also to be used for corporation business meetings, such activity goes beyond that which is permitted church related activity. Since the applicant has indicated that the church will be used for business other than church business it has also been included in this exception request. According to the applicant, only about 520 square feet of the lower floor will be used for actual office purposes (two offices and a reception area). Staff believes that the whole "reception" room must be considered as part of the Case 9I-041 Page 5 of 13 P & Z; August 21, 1991 PUBLIC HEARING ITEM VI•D office use as it would be impossible to distinguish the use of the "refreshment area", bathroom and related facilities by visitors and office workers as distinguished from the residents of the upstairs residential unit. The "refreshment area" is a fully functional kitchen facility with refrigerator, stove, sink and cabinets. According to staff calculations the office area will occupy approximately 880 square feet exclusive of the "conference roomichappel". Staff toured this home on a previous occasion while it was for sale. Staff determined unofficially that the residential structure constituted a duplex due to the fact the house is designed and constructed to function as two independent dwelling units, one on the second floor and one on the ground level. After reviewing the files, staff notes that the house was permitted only as a single-family residence, per Building Permit #5260. No enforcement action has been initiated because there is no documentation that the dwelling has ever been used as anything other than a single-family dwelling. Staff has consulted with the building official about the status of mixed commercial and residential uses locating in one structure. Conversion to a business office occupancy will require an upgrade to the structure consisting of a one hour fire separation between the office areas and all areas designated for residential use. This would affect the ground floor ceiling and walls common to the reserved residential areas of the house. In addition, exterior fire resistance would need to be -upgraded to one hour where the exterior walls of the office area are closer than 20 feet to the lot lines. (Similar requirements would affect the designated chapel area as well) Exterior openings such as windows and doors serving the offices and chapel would have to be upgraded where they are located less than ten feet from the lot lines. Staff believes that this proposed change in use is not consistent with the intent of the R1--Single-Family Residential Zoning District as follows: 17.18.010 Description and intent. The single-family residential district is established as a land use district for small lot single-family residential dwellings where public water and sewer services are available. For the single- family residential district, in promoting the general purposes of this title, the specific intentions of this chapter are: Case 91-041 Page 6 of 13 P & Z: August 21, 1991 PUBLIC HEARING ITEM VI -D B. To prohibit commercial and industrial land uses and any other use of the land which would interfere with the development or continuation of single-family dwellings in the district:...(emphasis added) D. To discourage any use which would generate other than normal vehicular traffic on streets serving residents on those streets; and Based on the above referenced code section it seems clear that commercial uses (as distinguished from home occupations) are intended to be prohibited from locating within the R1--Single-Family Residential Zoning District. In order to grant an exception, the Commission must find that the use proposed in the application meets all of the following: FINDINGS OF FACT - EXCEPTION 1. That the use as proposed in the application, or under appropriate conditions or restrictions, will not (A) endanger the public's health, safety or general welfare, (B) be inconsistent with the general purposes and intent of this title and (C) adversely impact other properties or uses in the neighborhood. A. The use would not endanger the public's health or safety provided that all building and fire codes are adhered to when upgrading the structure to a business office occupancy. Structural improvements will have to be reviewed by the Building Official and the State Fire Marshall's Office prior to construction of any required improvements. The general welfare of the surrounding property owners could be affected by the traffic a business office would generate, in addition to the traffic generated by the permitted single-family residence. B. The proposed use is inconsistent with the general purposes and intent of the R1--Single-Family Residential Zoning District as described in Section 17.18.010 (Description and Intent) of the Borough Code. In addition, the proposed use is not consistent with the 1968 comprehensive plan which designates this area for medium density residential development. Case 91-041 Page 7 of 13 P & Z: August 21, 1991 PUBLIC HEARING ITEM V1 -D C. The proposed use will adversely impact other properties in the area by increasing the traffic generated to and from this site. In addition, granting this exception would set a precedent which would encourage other business owners to attempt to establish commercial uses in residential structures in the R1 -Single - Family Residential Zoning District. COMMENTS NONCONFORMING USE OF STRUCTURE The purpose of this request is to permit a change in the use of a previously established nonconforming use (commercial fishing gear storage) within a nonconforming accessory structure (which does not appear to meet the required ten (10) foot rear yard setback requirement). The Borough Code permits a change of nonconforming use when the Commission can find that the proposed use is no more nonconforming than the nonconforming use being replaced. Staff has reviewed the department files relating to this property and tried to evaluate this proposal in accordance with the applicable Borough Codes relating to the use and the requirements of the zoning district. The intent of Chapter 17.36 (Nonconforming Lots, Uses and Structures) of the Borough Code is to -permit - nonconforming uses, i.e. those uses legally established prior to a change of codes or formally grandfathered by ordinance, to continue to exist and operate indefinitely under certain conditions. Those conditions include, but are not limited to, the following: 1. Uses cannot be enlarged or expanded from what existed at the time of the code change or ordinance effective date. 2. If a use is abandoned for a period of one year (twelve months), the nonconforming status is lost. 3. If a nonconforming structure is destroyed by more than 50% of its replacement cost, it can only be reconstructed in accordance with the current Borough Code. A change of nonconforming uses would still result in a nonconforming use occupying the accessory building subject to the above referenced limitations. Case 91-041 Page 8 of 13 P & Z: August 21, 1991 PUBLIC HEARING ITEM VI -D Staff notes that there would be other more fundamental changes associated with the use of the property that are not directly addressed by the codes. Historically, Kodiak has been a community that relies heavily on fishing as its primary economic activity. As a result of past practices, there are many areas of town where nonconforming fishing gear storage is still evident in residential areas due to its existence prior to the advent of the current zoning code requirements. It appears to staff that people tend to accept this as a fact of life. Since the property owner is usually the same as the gear owner, it is expected that the property owner will be more conscious of the concerns of neighboring property owners, as well as not wanting to create a nuisance in the community in which they live. By permitting a business to operate on a residential lot owned by an absentee property owner would be a significant change from the non -conforming use for fishing gear storage. The existing use is essentially private by nature. The fishing gear storage and related uses are inherently related to the ownership of the property. The traffic that is generated by this activity is therefore related to the property owner's business. By changing the use to a retail sales operation, a fundamental change takes place whereby the traffic flow and parking characteristics will be public in nature. The access to the rear of the property does not meet the requirements for two-way traffic along the side of the house. A variance could be requested, however, staff does not believe that such a variance could be justified simply on the basis of a change of land use. As a strictly residential property the driveway is in compliance with the current parking code. Staff notes that from the record, it appears that the fishing gear storage activities preceded the building of the accessory building. The fishing gear storage then is grandfathered. The accessory building was constructed in 1982 (Building Permit #4855). At the time of the construction the building met all of the required setbacks for an accessory building, including the five (5) foot setback to the rear and side property lines. An accessory building at that time, unless an exception was granted to the contrary, was only intended to be for the use of the property owner for uses incidental and subsidiary to the use of the property for residential purposes. If the property owner asserts that the building was used for commercial gear storage and fishing gear repair activities then this would be an admission of an illegal land use. On September 9, 1985, Building Permit #5426 was issued to permit the construction of a twenty by forty (20 x 40) foot addition to the rear of the Case 91.041 Page 9 of 13 P & Z: August 21, 1991 PUBLIC HEARING ITEM VI -D existing accessory building. A variance was approved for this addition (after the fact) due to the fact that the lot coverage of the accessory building exceeded the 10% lot coverage limitation for accessory buildings. In addition, it also appears that the addition encroaches the rear property line and was not indicated on a site plan submitted at the time the permits were issued. No variance was obtained for the encroachment of the accessory building into the original five (5) foot rear yard setback requirement. The rear yard setback is now ten (10) feet for accessory buildings in the R1--Single-Family Residential Zoning District. There were two conditions of approval attached to Variance 85-042, which allowed the expansion of the accessory building, as follows: 1. Lots 6 and 7A, Block 3, Leite Addition shall be replatted into one lot. 2. All outdoor storage that is feasible to move shall be placed inside the accessory building. The lots were replatted to the Lot 6A, Block 3, Leite Addition by Plat 85-44 (Case S85-067). At the time of the public hearing, considering that the addition was already constructed and in use, it appears that a number of residents in the area favored the variance because a lot of the outdoor storage apparently went into the -accessory building. Staff was unable to confirm the status of grandfathered outdoor storage rights, if they still exist and have not been abandoned, due to the fact that there is very little outdoor storage presently on the site. There are no signs as to the extent of outdoor storage activities on the lot in the recent past. Staff would require the property owner to submit documentation before certifying any grandfathered nonconforming outdoor storage rights on this lot. Staff also notes that since this the condition of approval perrnitting gear storage in the accessory building is attached to a variance, it is not the same as an exception which would permit a change of use on the lot. The use of the building for storage of fishing gear then is still a nonconforming use which is intended to be replaced at some point in the future by a conforming use. The Commission should consider the nature of the use of the property for fishing gear storage. While fishing gear storage does generate traffic, this Case 91-041 Page 10 of 13 P & Z: August 21, 1991 PUBLIC HEARING ITEM VI -D traffic is essentially a seasonal activity with identifiable periods of peak activity. In addition, while moving gear may involve the use of trucks, trailers, and related equipment, is relatively restricted due to the size and configuration of the lot. A change of use to retail sales will change the traffic characteristics. Traffic generation for retails sales establishments usually involves daily traffic to and from the site. The applicant has indicated that the hours of operation for the proposed thrift store will not overlap with a proposed chapel to be contained within the main structure. This would lower the parldng requirements for the two proposed uses, however, as a result it is likely that the traffic would be spread out over a longer period of time with traffic to the thrift store during the weekdays and traffic to the church facility during the evening and weekends. In terms of traffic generation, it appears that the proposed retail sales use of the accessory building would increase traffic generation greater than the traffic generated by the fishing gear storage, the specific characteristics of the traffic notwithstanding. Use of the accessory building for retail sales to the public would most likely require structural improvements to meet the requirements of the Uniform Fire Code and the Uniform Building Code. This would be inconsistent with the requirements of Section 17.36.050C as follows: C. If no structural alterations are made, any nonconforming use of a structure, or structure and premises, may be changed to another nonconfoiining use provided that the planning and zoning commission shall find that the proposed use is equally appropriate or more appropriate to the district than the existing nonconforming use. In permitting such change, the planning commission may require appropriate conditions and safeguards in accordance with the provisions of this title. (emphasis added) If the accessory building requires structural changes, as seems likely, it seems clear that the use of the accessory building for retail sales is not as appropriate or more appropriate to the R1--Single-Family Residential Zoning District as the present use of the structure for commercial fishing gear storage and related activities. Case 91-041 Page 11 of 13 P & Z: August 21, 1991 PUBLIC HEARING ITEM VI -D FINDINGS OF FACT - NONCONFORMING USE OF STRUCTURE 1. Fishing gear storage, both inside and outside structures, is historically more acceptable as a non -conforming use in the Kodiak community. 2. Fishing gear storage is essentially a private use of land, whereas, a retail sales establishment would inherently require access to the property by the public to transact business. 3. A retail sales establishment would generate more traffic, in terms of the total -number of trips to and from the site and the duration of traffic throughout the year, compared to movement of fishing gear storage during seasonal peak activity RECOMMENDATION EXCEPTION Staff finds that this request does not meet the standards for an exception and recommends that the Commission deny this request. APPROPRIATE MOTION EXCEPTION Should the Commission agree with the staff recommendation, the appropriate motion is: Move to grant a request for an exception from Section 17.18.020 (Permitted Uses) of the Borough Code to permit an office to occupy the lower floor of an existing residential structure on Lot 6A, Block 3, Leite Addition. Staff recommends that this motion be denied and the following motion made. Move to adopt the applicable findings contained in the staff report dated August 8, 1991 as "Findings of Fact" for Exception Case 91-041. Case 91.041 Page 12 of 13 P & Z: August 21, 1991 PUBLIC HEARING ITEM VI -D RECOMMENDATION NONCONFORMING USE OF STRUCTURE Staff recommends that the Commission find that the proposed change of use from an existing fishing gear warehouse (accessory building) to a retail sales use, is not as appropriate or more appropriate than the present use. APPROPRIATE MOTION NONCONFORMING USE OF STRUCTURE Should the Commission agree with the staff recommendation, the appropriate motion is: Move to find that, per Section 17.36.050C (Nonconforming uses of structures) of the Borough Code, the proposed use of the accessory building on Lot 6A, Block 3, Leite Addition as a retail store is equally or more appropriate than the use of the structure as a fishing gear warehouse. Staff recommends that this motion be denied and the following motion made, Case 91-041 Move to adopt the applicable findings contained in the staff report dated August 8, 1991, as "Findings of Fact" for the Nonconforming Use Determination Case 91-041. Page 13 of 13 P & Z: August 21, 1991 porA r° G�. _60.05) M ---- ciTr OF Ka SEU/ER EA514 a 1 ' toi O/circ R4MI. r4K � O.0/(r/A/A�- tro for L/NE o. 1-a.. -Th-+ 7- 3.2 411.5 510A/ Pfl4 Yrs W 0 a 4 •N fr b 7 ' 96WCR E4CP4ENt 0.05' S 59. 5Z' /6" W CITY OF 1600IAK P.C. W. TAKE: N• 0 0 ltk. K • 9 /.f) 50.05' o 6 a b 0 S 59'52' Proposed use of 1723 Mission Street Kodiak, Alaska b The Salvation Army 1. Upper floor of home: To be living quarters for Salvation Army Officer and family. 2. Lower floor of home: To be used for office space (one office for Salvation Army Officer and one for secretary/receptionist) , Reception Area (front room area) adn conference/chapel area (In garage). 3. Shed: To be used for Thrift Store. Operation (eat) 175° Sv e. Storage (400 square feet) ' -44 ID) Tom_ beF\C.g SER— 264 �— 001.1FER:ENCEI el+RPELARETI 509 3s. s x bc' = leo (oS Let= E' OPF ICE 156 8— f3 1123 M155100 -Pori] Lower Levtl o4 Residence- 23' 5'8 i -1 -ALL LaurlbR' (azip AMRX Err4 r y 1�ARAGE ,ar' D'1 a— ter 261 -VI ow' 21; Present Uses: 1.Rebu:ilt and rig fishing gear 2.Repa.ir and maintain trucks _.Store up to 200 pots in yard 4.Store tendering gear 5.Park crane truck and pot trailers h. Park (2) 1 ton trucks 7.Store (2) skiffs S.office space for (3) boats 9.(2) full time workers 10.(1) 1/2 time worker 11.(3) boat crews(4-6 men) 3 to 4 times a year for 1--3 weeks 124 refight delivery 1-3 times pe week. 13.tieavy truck and truck and trailer traffic periodically 14.Inside storage of gear posed Uses: to ._ offices full time worker. --. s.,...r. Car traffic minimal Inside storage •�2 -+-tt,,-o L. A:4 o o 5- ^z O N g. to) 'b y.4 YI N CD 0 N O 0to 5w 0-h 0 •• cD a. °: CD m . TABLE NO. 5-A—WALL AND OPENING PROTECTION OF OCCUPANCIES BASED ON LOCATION ON PROPERTY TYPES II ONE-HOUR, II -N AND V CONSTRUCTION: For exterior wall and opening protection of Types II One-hour, II -N and V buildings, see table below and Sections 504, 709, 1903 and 2203. This table does not apply to types I, II-F.R., III and IV construction, see Sections 1803, 1903, 2003 and 2103. GROUP - DESCRIPTION OF OCCUPANCY FIRE RESISTANCE OF EXTERIOR WALLS OPENINGS IN EXTERIOR WALLS A See also Section 602 1—Any assembly building or portion of a building with a legitimate stage and an occupant load of 1000 or more. Not applicable (See Sections 602 and 603) 2—Any building or portion of a building having an assembly room with an occupant load of less than 1000 and a legitimate stage 2.1—Any building or portion of a building having an assembly room with an occupant load of 300 or more without a legitimate stage, including such buildings used for educational purposes and not classed as a Group E or Group B, Division 2 Occupancy 2 hours less than 10 feet, 1 hour less than 40 feet Not permitted Tess than 5 feet Protected Less than 10 feet 3 --Any building or portion of a building having an assembly room with an occupant load of less than 300 without a legitimate stage, including such buildings used for educational purposes and not classed as a Group E or -Group B, Division 2 Occupancy 2 hours less than 5 feet, 1 hour less than 40 feel Not permitted less than F 5 feet Protected less than 10 feet 4—Stadiutns, reviewing stands and amusement park structures not included within other Group A Occupancies 1 hour less than 10 feet Protected Tess than 10 feet B See also Section 702 1 --Gasoline service stations, garages where no repair work is done except exchange of parts and maintenance requiring no open flame, welding, or use ; of Class I, II or III -A liquids • • 2—Drinking and dini • - . ' li „ - 1 is havin • an occupant load of less than 50, 1 hour less than 20 feet Not permitted less than 5 - feet Protected less than 10 feet wholesale and . etail stores office building printing plants, municipal police and fire stations, ac ones anwor- ops using material not highly flamma- ble or combustible, storage and sales rooms for combustible goods, paint stores without bulk handling Buildings or portions of buildings having rooms used for educational pur- poses, beyond the 12th grade, with less than 50 occupants in any room (Continued) Q z 0 0 m tsrsknu_ c4- 54 Oita.,s (E.S4CAr ter c,-..QQ.r l' See also Section 100.2 1—Nurseries for the full-time Are of children under the age'S six (each accom- modating more than five persons) - Hospitals, sanitariums, nursing homes with nonambulatory patients and similar buildings (each accommodating more than five persons) 2 hours less than 5 feet, 1 hour elsewhere Not permitted less than 5 feet Protected less than 10 feet 2 -Nursing homes for ambulatory patients, homes for children six years of age or over (each accommodating more than five persons) 1 hour 3—Mental hospitals, mental sanitariums, jails, prisons, reformatories and buildings where personal liberties of inmates are similarly restrained . 2 hours less than 5 feet, 1 hour elsewhere Not permitted less than 5 feet, protected less than 10 feet M2 1—Private garages, carports, sheds and agricultural buildings (See also Section 1101, Division 1.) 1 hour less than 3 feet (or may be protected on the exterior with materials approved for 1 -hour fire -resistive construction) Not permitted less than 3 feet - 2 -Fences over 6 feet high, tanks and towers Not regulated for fire resistance R ' See also Section. 1—Hotels and apartment houses Convents and monasteries (each accommodating more than 10 persons) 1 hour Tess than 5 feet Not permitted less than ; 5 feet lling s5and lodging ing houses 1 hour less than 3 feet Not permitted less than 3 feet - - 2For agricultural buildings, see Appendix Chapter 11. NOTES: -(1) See Section 504 for types of walls affected and requirements covering percentage of openings permitted in exterior walls. (2) For additional restrictions, see chapters under Occupancy and Types of Construction. (3) For walls facing yards and public ways, see Part IV. (4) Openings shall be protected by a fire assembly having a three -fourths -hour fire -protection rating. Z TABLE NO.5-B—REQUIRED SEPARATION IN BUILDINGS OF MIXED OCCUPANCY (In Hours) Note: For detai ed requirements and exceptions, see Section 503. 'For special provisions on highly toxic materials, see Fire Code. 2For agricultural buildings, see also Appendix Chapter 11- 3For reduction in fire -resistive rating, see Section 503 (d). TABLE NO.5-C--BASIC ALLOWABLE FLOOR An SquareREA Feet) FOR BUILDINGS ONE STORY IN HEIGHT' TYPES OF CONSTRUCTION In �,. n14R,HfW_44 N A-1 A-2 A-2.1 A-3 A-4 B-1 8-2 0-3 ' B-4 E H-1 H-2 H-3 H-4-5 H-6-73 1 M2 R-1 R-3 A-1 NNNN 4 3 3 3 N Not Permitted in Mixed Occupancies. See Chapter 9. 4 4 4 4 3 1 1 I A-2 N N. N N, 3 1 1 1 • N 4 4 4- 4 3 1 1 1 A-2.1 N N N N 3 1 1 1 N 4 4 4 4 3 1 1 1 A-3 N N. N. N 3. . N . 1 N N 4 .,4 4 3 3 1 1 0 A-4 N N N N 3 1 1 I N 4 4 4• 4 3 1 1 I 8-1 4 3 3 3 3 1 1 1 3 2 1 1 - 1 4 1 33 (1) 8-2 3 1 1 N .1 1 1 1 1 8-3 3 1 1 - 1 1 1 1 1 1 2 1 1 1 4 1- 1 1 8-4 3 1 1 N 1 1 1 1 1 2' 1 1 1 4 N 1 1 E NNNNN ` 3 1 1 1 4 4 4 3 1 1, 1 1. H-1 Not Permitted in Mixed Occupancies. See Chapter 9. H-2 4 4 4 4 4 2 2 2 2 4 1 1 2 4 1 4 4 H-3 4 4 4 4 4 1 1 1 1 4 1 1 1 4 1 3 3 H-4-5 4 4 4 4 .4 1 1 1 1 4 1 1 1 4 1 3 3 H-6-71 4 4 4 3 4 1 1 1 1 3 2 I 1 4 3 4 4 1 3 3 3 3 3 4 2 4 4 I 4 4 4 4 1 1 1 M2 1 1 1 1 1 1 1 1 N 1 1 1 1 3• 1 1 1 - R-1 1 - 1 1 1 1 33 1 1 1 1 4 3 3 4 1 1 N R-3 1 1 1 1 1 1 1 1 1 1 4 3 3 4 1 1 N Note: For detai ed requirements and exceptions, see Section 503. 'For special provisions on highly toxic materials, see Fire Code. 2For agricultural buildings, see also Appendix Chapter 11- 3For reduction in fire -resistive rating, see Section 503 (d). TABLE NO.5-C--BASIC ALLOWABLE FLOOR An SquareREA Feet) FOR BUILDINGS ONE STORY IN HEIGHT' TYPES OF CONSTRUCTION In �,. n14R,HfW_44 N CASS'—OS/ LOT" ' 'I , 61._g 3 is/ ri ADbN. K6i)IAK ISLAND BOR., JGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 Public Hearing Item VI-D PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, August 21, 1991. The meeting will begin at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments, if any, on the following request: Case 91-041. Request for an exception from Section 17.18.020 (Permitted Uses) of the Borough Code to permit an office to occupy the lower floor of an existing Single-family residence; and A finding in accordance with Section 17.36.050C (Non -conforming uses of structures) of the Borough Code that the proposed use of the accessory building on the property as a retail store is equally or more appropriate than its use as a fishing gear warehouse. Lot 6A, Block 3. Leite Addition (1723 Mission Road), If you do not wish to testify verbally, you may provide your comments in the space below, or in a letter to the Community Development Department prior to the meeting. This notice U being sent to you because our records Indicate you are a property owner In the area of the request. If you have any questions about the request, please feel free to call us at 486.5736, extension 255. Your Name: John and Patty Mahoney Mailing Address: 1 71 7 Mi scd nn R Your property description: Tot 9. R1 nrk 3. T.ei to Aririn Comments We are opposed to granting "exceptions" to Lot 6A, Block 3, Leite Subdivision. We are curious as to how the owners recieved permission to fill in Potatoe Patch Lake and erect a fishing gear warehouse in the first place. Was that legal? Although we never appreciated living along side a noisy work yard and warehouse we feel that a retail store will only draw more traffic and activity to the neighborhood. It appears that the concern for "appropriate use" is dictated purely by the real estate market. The property has been for sale for over a year. Who is seeking an "exception" for whom? Please do not allow the quality of the neighborhood to continue to deteriorate for the financial gain of an individual who has no intention of living here. i@torr AUG ? I 'WI COMMUNITY DEVELOPMENT DEPARTMENT 1 KOaiAK ISLAND BORO tiGII COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak. Alaska 99615 Public Hearing Item VI -D PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, August 21, 1991. The meeting will begin at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments, if any, on the following request: Case 91-041. Request for an exception from Section 17.18.020 (Permitted Uses) of the Borough Code to permit an office to occupy the lower floor of an existing Single-family residence: and A -finding in accordance with Section 17.36.050C (Nonconforming uses of structures) of the Borough Code that the proposed use of the accessory building on the property as a retail store is equally or more appropriate than its use as a fishing gear warehouse. Lot 6A, Block 3. Leite Addition (1723 Mission Road). If you do not wish to testify verbally, you may provide your comments in the space below, or in a letter to the Community Development Department prior to the meeting. This notice is being sent to you because our records indicate you are a property owner in the area of the request. If you have any questions about the request, please feel free to call us at 486-5736, extension 255. rj �7� Your Name: r,�,(e` Mailing Address: /17c2 / Z.r QQ � /2142„ Tour property description: ,.?}i�L/ .�1 e -y -7L rieceS7� (/i r-il ; --09dt-1.44 Comments: \ I + -C2 �i/�2> L� 07 / p, / � ;/ //1 -PP -2,,, P'-ei �-e/, g1 ;A 2 a _,,,,i----)gie/J 4 2tlr^t)L-//Le(hA cz / ...1 ' -e--� 4.3LJ 9. -r" 2 4 4-4121 ,22,-3-n5_ . _fie e -i r e Ai r/�/.. mal- Xt-et-e-A Q 'Ztt,( n L � -,vi,,, C. 1-144–'"Wit-? –t� X -ii, 15 /'Q J a /-4 e 4-tr )j24 iID Jr — rte° i 9 KOLiiAK ISLAND BORO`ui:TH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 Public Hearing Item V1 -D PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, August 21, 1991. The meeting will begin at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments, if any, on the following request: Case 91-041. Request for an exception from Section 17.18.020 (Permitted Uses) of the Borough Code to permit an office to occupy the lower floor of an existing. Single-family residence: and A finding in accordance with Section 17.36.050C (Non -conforming uses of structures) of the Borough Code that the proposed use of the accessory building on the property as a retail store is equally or more appropriate than its use as a fishing gear warehouse. Lot 6A, Block 3, Leite Addition (1723 Mission Road). If you do not wish to testify verbally, you may provide your comments in the space below, or in a letter to the Community Development Department prior to the meeting. This notice Is being sent to you because our records Indicate you are a property owner In the area of the request. If you have any questions about the request, please feel free to call us at 486-5736, extension 255. / Your Name: QJAM£S .32-14S(C6 r£rm./C.Mailing Address: RC'X /a/ 7 /64 /MC Your property description: /�i(? il(SS/opj ott45 Comments: //�� ,I ?? ^ Aly THF- A tSove /`"l £NTroFJe8 ,p&A.Y, Oohs /J r %o A1 - ie.mac-;,oa, HE 0£, r w/ts 49gr9,-s. �f4r fl(— ec/r-D//jN9 Jf7°oxi (pie (77/.47;--,/ An gvEN / cs 6/Aoss�f /-/nf Y extrpT /Or.i6 d R. VAR ',Inas' t ve 2`91 M D 9J_Q47 6A, ADDN. a4 x/ /9( KOtAK ISLAND BOROH 131 et 3t 5 UNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road. Kodiak. Alaska 99615 Public Hearing Item VI -D PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, August 21, 1991. The meeting will begin at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments, if any, on the following request: ' Case 91-041. Request for an exception from Section 17.18.020 (Permitted Uses) of the . Borough Code to permit an office to occupy the lower floor of an existing Single-family -.'-residence; and A -finding in accordance with- Section. 17.36.050C (Non -conforming uses of- :structures) of the Borough Code thatthe proposed useof the accessory building on the property as a retail store is equally or more appropriate than its use as a fishing gear warehouse. Lot 6A, Block 3. Lelte Addition (1723 Mission Road). If you do not wish to testify verbally, you may provide your comments in the space below, or in a letter to the Community Development Department prior to the meeting. This notice b being sent to you because our records Indicate you are a property owner in the area of the request If you have any questions about the request, please feel free to call us at 486-5736. extension 255. (� Your NamerDa.vt i t) 1-k Tay Mailing Address: P. S'1 3k,o{;a4- Your property description: lr'I 2.'4 "N t ji+nri \P -e , Lot- 1 0 Q, 1S i}C 3 Lair Comments: _ . Ow- Ottkk pi- oS+S of o�r 2.o.%tl%1 IG+.0 i s '�'• d-5svve a.v,dowa utr -Oka/ -Surround; . "la.+'d las u( ( IQe. to �+at:lole. i)nd mit Q( 44m. .1:b lc asst.,rap* ;s Trtotf bvssevaS l- rresskd.4.s-;chi ort. .u.rat(y':4conveat;Ll. T stye /./ e JOU. richt 9-3' t1 €rvv,; 0.11 Q'S/,ca, 710 ay. r¢51(10414 Og.t \ -ht;s a,Ce a-. c € —4 -big- anti ciAi)ctreit W)%0 0'-' w:#4. .&'€ s ,et --hl lit :Skt5urwoct --Tha ;Acre -4.14-e( +na ; c tasut wi esl`; o.. . s na+ c s : sh--T un3 -4 r s a4fy rat cede rUritary•o€, 'il.l Ion, hare. t.J CV. de,UP) ou$ a 'twaete.tvoci. etJ.Qot.a avow)," + Mecw*5 .rtlttJ€J access 'b -FL pea fee' t..)Whtts±- Cdreattli coernIo„ r- Ine.vie.., o_ kraf,c hazard . Anca eirtaalt,) 1 .See 1+a toatar 5o... tva•TM ar-n pr pa& 6tot'o-+j4 o.N.A o- kavb1;4 Sipe f rlveYe aloraq-Q I S owner ;ate 1s; o.k iia tvvd 'tA T G_ rep) OlDirt i 5 W offbernite Oak in re.S:r t.dicv{ 2.0n; nU . '('lust- is La;..rsr g3"41124 17 ankuWe .14 'Se-cana ., coml. ,. h.%c d - I}.++' Ise rn.a0 2 e .pcIu:de, I f- )s albo white- oliaprop-;4e, fI•edb1 v044 iii, I'^1 d1 ON 01- 0 mr -.on;nt Emus t kite*, tli; s area 0 1 5.5 3 4o 4- 11* tr) — — LOT G //,3G IIM.M.00110 4 T 051 > )---- C/7Y or A-aah sz-weie pitsroi 01 tsci cpA.111 ps 7 ar 1 LL 3 . W.74K 3*---exe/Cr/tvol4- 407" A/1153/ON 2041 o 0 0 5' 1 0 —SEareW_5: (w47.ms.a) 6MENT 50.05' • S 59° 52' /E." LV CITY OF KOD IAK R.O. W. TAKE 0 Q 6k. 46 a7$)^ 50.05' • .559°52'/6"%/ C.L. and Nancy Lowenberg Arctic Sun Fisheries P.O. Box 767 Kodiak, Alaska 99615 Kodiak Island Borough 710 MILL BAY ROAD KODIAK, ALASKA 99615-6340 PHONE (907) 486-5736 August 1, 1991 RE: Case 91-041. An exception from Section 17.18.020 (Permitted Uses) of the Borough Code to permit an office to occupy the lower floor of an existing single-family residence; and A fording in accordance with Section 17.36.050C (Non -conforming uses of structures) of the Borough Code that the proposed use of the accessory building on the property as a retail store is equally or more appropriate than its use as a fishing gear warehouse. Dear Mr. & Mrs. Lowenberg: Please be advised that the request referenced above has been scheduled for review and action by the Kodiak Island Borough Planning and Zoning Commission at their August 21, 1991 regular meeting. This meeting will begin at 7:30 p.m. in the Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska. Attendance at this meeting is recommended. The week prior to the regular meeting, on Wednesday, August 14, 1991, at 7:30 p.m. in the Borough Conference Room (#121), the Commission will hold a worksession to review the packet material for the regular meeting. You are invited to attend this worksession in order to respond to any questions the Commission may have regarding this request. If you have any questions, please call the Community Development Department at 486-5736, extension 255. Sincerely, Eileen Probasco, Secretary Community Development Department cc: Sharlene Sullivan, Associated Island Brokers KOiiiAK ISLAND BORO`UGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 Public Hearing Item VI -D r PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, August 21, 1991. The meeting will begin at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay -Road, -Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments, if any, on the following request: Case 91-041. Request for an exception from Section 17.18.020 (Permitted Uses) of the Borough Code to permit an office to occupy the lower floor of an existing Single-family residence; and A finding in accordance with Section 17.36.050C (Non -conforming uses of structures) of the Borough Code that the proposed use of the accessory building on the property as a retail store is equally or more appropriate than its use as a fishing gear warehouse. Lot 6A, Block 3, Leite Addition (1723 Mission Road). If you do not wish to testify verbally, you may provide your comments in the space below, or in a letter to the Community Development Department prior to the meeting. This notice is being sent to you because our records indicate you are a property owner in the area of the request. If you have any questions about the request, please feel free to call us at 486-5736, extension 255. Your Name: Mailing Address: Your property description: Comments: a .JOB NAME..WS12 6 *.USI NAME.PATRICIA 1 r.JO BR...011877 L. 1 ;. *.DATE......07/30/91: 3 :.T1ME......12:01:52' 3 Patricia Miley 5 — Planning E Zoning o 3WHITE JR,CLAUDE 2P.O. BOX 8022 R1200030031 3KOD1AK 6 AK 99615 6 ; B 3WANDERSEE,ARYAN P.O. BOX 2.22.6 E R1200030040 HELEN 3KODIAK 3 a AK 99615 5 6 a a ;WAND F,ARYAN 3P.O. BOX 2i= R120114 -i 'ELEN 3 KODIAR-- 3 3 C 99615 5 5 3WAN - _ ',ARYAN ?P.O. BOX 2 & R1200030052 HEL • 99615 DKODIAK 3 l s 6 ,LOWENBERG,TERRY 8E1.0. BOX 767 R1200030060 ;KODIAK 0 3 AK 99615 3 3 s 6LACKEY,DELLA 3P.0. BOX 1733 R1200030071 sKODIAK . 0 AK 99615 iCltuuuiuubu BRUSKOTTER,JAMES 6 P.O. BOX 1217 flCDUTAK AK 99615 2 3 5 7 R 12.60x"3 Cf091 8 MAHONEY,JQHN G PATRICIA 9 1717 MISSION RD W1CUDTAK AK 99515 u 12 13 ib 15 6 KT2V0O301T0 19 DONALDSON,WILLIAM/TONYA 81713 MISSION ROAD ,KODIAK AK`99615 20 21 2I 23 23 2s •T2.0003-D1ZD .5 CARROLL,ELIZABETH n P.Q. BOX 401 -99615 n 'DTAK AK 29 30 31 32 3a R120003' 35 CM** ,ELIZABETH 36 P.O. BOX • : ,y/e.-- l 'DTA' 'et 996.1' 39 4' 42 ., R -12-0D03101-41 .1 LEE,FRANK 6 HELEN .51).0. BOX. 2117 'CZAR AK 996T5 m st 41 5e 51 5. RZZU0D030160 , ZIMMER,ARTHUR E ARLENE 8, P.O. BOX 1582 u KVDIAK AK 996T5 56 n m 59 A / -/ -nxn�sC-n' an^= r,LITY OF P.Q_ BOX 6 2 4 R 12i50ii8-0S1T2 5 SIMPLER,ROBERT E SHARON 6 1532 E KOUSKOV UUI AK 9 10 12 13 14 15 16 19 18 19 20 a 23 24 25 06 77 JT 29 00 31 32 33 AK r996r15 81.200080120 LONGRIC;H,TIMOTHY E MARY P.O. BOX 2494 KODTAK AK 99615 R1 KODI . TY OF P.O. BOX 13 KODIAK. 9'615 181 AKIPCI'TY OF P.O. B1 •7 KaDIAK 99615 a0 1FARRAR,DANIEL az 413 E REZANOF DR a3'KIIDTAR 45 46 47 R -T2 O'OU8'OT8y3 AK—79615 _.... ae R.144600U0T0 50LAFOLLETTE,GERALD/NETTIE 51P.O. BOX 2366 52DiAR AK -99615 54 55 56 9 50 59 m R1446006-07-0 FLOYD,JOE JR L CAROLYN P.O. BOX 84 KUDIAK AK 99615 • 6 2 3 5 6 7 9 0 1FLO': JOE & CAROLY 2 P.O. 80 6 7 8 ,9'. • 44600U030 20 HORN,JAMES E 'EDWINA' 21 1712 MISSION RD AK 996T5 27 28 47x60-00070 29 WESTWARD PETROLEUM IND P.O. BOX 2547 �DTAK 31 33 34 m 41 42 43 44 45 UNITED S OF/ iCA AK 99615 KI -474760601-60 47 SUYDAM,STEVEN E PAMELA P.O. BOX 3587 KOaIAK AK 99615 51 52 53 54 55 .. , ' ". K 14'47600D 1TO 56 WANDERSEE.r ARYAN B HELEN. 57 P.O. BOX 2226 KUlliAK AK -99-61.5 6 2 5 2 4 0 11 12 u N 4.4YOVVVILU WISZINCKAS,EVEELYN 1811 ;SION RD K -00 1-A- AK 99615 a 9 v 21 22 23 21 2s x X R1446000140 COXON.LESLIE & MARINA 516 MCROBERTS ST -MTS • N M'I-48-8"54 R14 •.+0160 FLOYD/JOE & '• P.0. BOX 84 "KODTAK AK 99. R1446000 . ;+ FLOYD/ :. & CAROLYN P.D. BOX 84 KODIAK 9615 RTr�ru3a0T0r1-6-j UNITED S OF AMERI FISH & WILDLIFE "KEIDTA' ---AK--9---AK--9 RR 44?t110"0T0 BAL-DEN ASSOCIATES 910 E ALOHA ST ;E ,SEATTLE WA -913 9 U2 2 0 1 2 a 4 5 6 2 a a 0 31 4 COP`) f SOT 6A, BLK4� LF TF ADD\. 350 E�'iER \OTGE AREA FIPT 'RN OR LOT HS 1 0 &(L 41'i 'vh k., -.oaf-3 `- /_o003003I �v doo of 0 rd-sr- �, 3o - (o1` Ito 3 - -r 1‘ /2000ff oi l Et__/Ka c7oo? of03 &/Vl(1-7a-!_ cG0_i_a: u I'll KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 MILL BAY ROAD, ROOM 204, KODIAK, ALASKA 99615-6340, (907) 48A-5736 The appllcadon fee for all items covered by this form is fifty dollars 050.00), except as otherwise noted. Condldonal Use Permits, Exceptions, and Variance applications also require the submission of a site pian. Applicant Information Property owner's name: lik'�?/L -S 'A' ,'.Sf1/2 j AO.. Property owner's mailing address: ARO. Aix 74 7 City: 4 212/9ik State: .AK Zip: 9'96 /3- Home 3Home phone: 1-14z- Worts phone: �,Q�i �� If applicable, Agent's name: e-, Z._ ,����iri� vuu SS-c`C . Ise e'', Agent's mailing address: sig Cou-TQL- m, c City: 4-a (4-/C State: / Zip: -PG"/',5--- Home G�SHome phone: 4r0 -1/c5S2 Work phone: Sia9vr4 Property Information Legal Description: ./-0" . S/,f( .3 / k-`/ moi r/d,J Present use of property: 1035 (g )-'c- - ,�,✓ A �IS+FlN6- c3tTte4-1'2 d v••• Proposed use of property: SES. ,1-774 c Applicant Certification I, the applicant/authorized agent, have been advised of the procedures Involved with this request and have recleved a copy of the appropriate regulations. Authorized Agent's Signatu 6-3 Date Property Owner's Signature, Date STAFF USE ONLY Code Section(s) involved: ! ?_ /8-76,20 • Conditional Use Permit X Exception Variance Title 18 Review. ____.4,_ Other (e.g., appearance requests, etc.) non -fee Items Zoning char>, rom to Application accepted: A* f ` .,,e*/y' - 9 / Staff sig tura Date accepted 200 WESTERN ALASKA LAND TITLE ©o Agents For Stewart Title Guaranty Co. P.O. Box 864 KODIAK, ALASKA 99615 TO (907) 486-4433 Kodiak island Borough Community Development 710 Mill Bay Road Kodiak, AK 99615 DATE _AU_ JULY......2 2. 1991 ._.._..___ ._.,..._..... ,....... SUBJECT _.._, Corrected Warranty Deed Attn: Duane Dvorak Enclosed is a corrected copy of the Warranty Deed from Terry Lowenberg to Arctic Sun Fisheries, Inc. SIGNED ❑ PLEASE REPLY ❑ NO REPLY NECESSARY Gail Kozak, •-c°etary PRODUCT 1642( �inc.GroMn,dtzss 01871. To Order PHO NE MI FREE 1-6M254380 pJ Lt >2,' r. CONFORMED.COPY BOOK -i PAGE '/5. STATUTORY WARRANTY DEED 04, The Grantor, TERRY LOWENBERG, whose address is P.O. Box 647, Newport, OR. 97365, for and in consideration of the sum of Ten Dollars and other good and valuable consideration in hand paid, convey and warrant to ARCTIC'SUN FISHERIES, Inc., whose address is P.O. Box 767, Kodiak, Alaska 99615, the following described real property: \ LOT SIX A (6-A), BLOCK THREE (3), LEITE ADDITION, located in the Kodiak Recording District, Third Judicial District, State. of Alaska* according to Plat 85-44. Subject to easements, restrictions, reservations, and covenants.. of record and the following additional covenants: DATED this 19th day of TOR: JULY , 1991. TERRY, LOWENBE By: Nancy Lowenberg With_Power of Attorney State of Alaska ) ss. Third Judicial District ) This is to certify that on this 19th day of JULY 1991, before me, the undersigned, a Notary Public in and for the State of Alaska, personally appeared NANCY LOWENBERGto me known and known to me to be the individual described in and who executed the foregoing instrument as attorneyin-fact of TERRY LOWENBERG and therein described, and acknowledged to me that NANCY LOWENBERG signed and sealed the same as the free and voluntary act and deed of the said TERRY LOWENBERG for the uses and purposes 'therein mentioned and on oath stated that the power of attorney authorizing the execution of this instrument has not been revoked and that said TERRY. LOWENBERG is now living. DATED at Kodiak, Alaska above written. Return to: Arctic Sun Fisheries, Inc. P.O. Box 767 4 KODIAK, ALASKA 9§04 e day, mon d year herein last Notar My co Z.49 Pub 1 and for Alaska ssion expires: 12-12-93 RECORDED -PILED If cc /11-01/11,4AL jiEt DATI 7-/ , a ms ,f 67.2 4_51 4a4htt10 RECEIVED FROM • CASH RECEIPT Kodiak Island Borough 710 UPPER MILL BAY ROAD KODIAK, ALASKA 99615-6340 PHONE (907) 186-5736 C L. #'.ptue."Q'c"g' -000-101-10-00 010-000-105-01 -00 010-000-105-06-00 010-000- 111 -61 -00 010-000-107- -00 040-000-371 -11 -00 040-000-371 - 12-00 010-000-368-51 -00 010-000-322-11 -00 010-000-319-10-00 010-000-199-99-00 CASH PROPERTY TAX, REAL PROPERTY TAX, PERSONAL PROPERTY TAX, LIENS PERSONAL TAX, LIENS LAND SALE, PRINCIPAL LAND SALE, INTEREST SALE OF COPIES BUILDING PERMIT PENALTIES, INTEREST CLEARING PER ATTACHED 2ixaaizem CONDITIONS OF CHECK PAYMENTS PAYMENTS TENDERED BY CHECK FOR OBLIGATIONS DUE TO THE BOROUGH ARE SATISFIED ONLY UPON THE CHECK BEING HONORED. RETURNED CHECKS FOR ANY REASON RESTORES THE OBLIGATION AS UNPAID AND SUBJECTS THE PAYER TO ANY CHARGES, FEES OR OTHER LEGAL LIABILITIES AS MAY BE APPLICABLE. 18562 DATE 7-31 199 ' TOTAL I* 1 CASHIER ®s PAYOR 50106 s50 IN) 1 C PAYMENT/ MADE BY: CHECK NO. [ b47 ❑ CASH ❑ OTHER l FMO8-511815 WESTERN ALASKA LAND TITLI D. Agents For Stewart Title Guaranty Co. P.O. Box 864 KODIAK, ALASKA 99615 TO (907) 486-4433 Kodiak Island Borough Community Development 710 Mill Bay Road Kodiak, AK 99615 DATE _..___JULY _...22, 199 SUBJECT __.._Corrected Warranty Deed Attn: Duane Dvorak Enclosed is a corrected copy of the Warranty Deed from Terry > Lowenberg to Arctic Sun Fisheries, Inc. ❑ PLEASE REPLY ❑ NO REPLY NECESSARY SIGNED PRODUCT 161-2( 2lnc,Groton, Aiass.01171. To Order PHONE TOLL FR EE I4.225G360