LEITE ADD BK 2 LT 1 - Exception-RODIAK ISLAND aruOUGH CASE #
PLANNING ef ZONING REQUEST APPLICATION, DATE (;7
Application Fee Paid
Type of Request:
A
Final Disposition:
Remarks:
---er es) fo+t-ern
Description of Lnd: Lot: J V- WBlock: cs.
Addn: efd36EJ_ Survey
Person Submitting Application: 19E/.1.-ke 5/14L,L4/12-Cev‘---
Mailing Addreds
Covering letter submitted:
Person or Represent tive to attend meeting:
FLA SubL.itted:
Present honing: R 1
Proposed Zoning:
Reason for Requewt:
Approved:
Renarks:
Not Approved: 41'
Rerrrks:
Borough Assembly Approwl:
Remarks:
PLANNING & ZONING MEETING - April 12, 1967
2
C. Request for Exception for Business Use in R-1 Zone - Leite_Addh Blk 2 Lots 1
and 20_;.-- Max Therkelsen (Case 175-A). Application letter was read, and Mr.
Therkelsen explained that his request was for continued commercial use of
the lots, generally speaking, rather than for reconstructing the Drive -In
as originally listed on the agenda. He stated that he had received several
offers from individuals who wished to purchase the lots as Business property,
but that no one was interested in them as residential property, since it woul
not be desirable to build a residence so close to three streets. It was
explained that according to' the Ordinance, since the property had been
abandoned for over 90 days, it had reverted to the zoning of the area --R-1.
Mr. Therkelsen stated that he was not familiar with the Ordinance, and he
objected that he was not notified that he had 90 in which to re-establish
his business in order to retain his grandfather's rights. It was pointed
out that according to a previous attorney's opinion it would not be possible
to grant a business exception in an R-1 zone, but that if Mr. Therkelsen
wished to ask for a rezoning instead, it could be recommended to the Assembly
that the lots be rezoned, and possibly even a larger area, since there are
several other businesses in the area. It was agreed that the lots were an
ideal location for a neighborhood business, such as a laundromat. It was
then questioned whether rezoning of these two lots would be considered illeg
spot zoning. A previous attorney's opinion on spot zoning was read. Mr.
Hansen interpreted the opinion as meaning that it would be illegal to rezone
the lots only in order to sell them as business lots, but that if definite
plans for development of the lots were presented which would be considered
beneficial to the community, the zoning would be valid. Mr. Therkelsen
then submitted a request for a rezoning of these two lots to Business.
Actiontas.tabled on this request until a new attorney's opinion is received
on this case. It was noted that the original request for an exception should
be formally denied. Mr. Welch moved, seconded-bY-Mr. Waller, ---that the reques
for a Busienss exception be denied. Motion carried by unanimous voice vote.
SUBDIVTSIONS - PRELIMINARY APPROVALS - None
IX SUBDIVISIONS - FINAL APPROVALS - None
X OLD BUSINESS
A.EXEEsion of Business District. There was a discussion on the sequence of
events leading up to the disapproval of the proposed business rezoning. The
Commission concurred in writing a letter to the Assembly based on. this
discussion, asking them to reconsider their decision on this rezoning.
XI PLANNING AND STAFF ITEMS - None
XII AUDIENCE COMMENTS - None
XIII ADJOURNMENT - The meeting was adjourned at 9:30 p.m.
APPROVED: Respectfully submitted,
Arnold Hansen, Chairman Sally Hendrix
Planning & Zoning Commission Borough Secretary
TO
ROY
FROM
r
KODIAK ISLAND BOROUGH
) P. 0. BOX 1246
KODIAK, ALASKA 99615
SUBJECT: OPINION ON REQBEST FOR BUSINESS EXCEPTION IN R-1 ZONE
MAXTHERKELSON'S DRIVE-IN - LEITE ADDITION BLK 2 LCT 20
FOLD it
DATE. 4/7/67
This Drive -In previously existed in an R-1 zone under grandfather's rights. It
had never been granted an exception.
The Drive -In burned about eight months 'ago, and has been abandoned since then.
Accordangeto our Ordinance, any non -conforming use which is not used for a
ueriod of 90 days or more cannot be continued as non -conforming, but must revert
to the zone which it is in.
Mr. Therkelson now wants to apply for an exception to re-establish the
Drive -In as a Business. You previously issued an opinion that under our
Oridnance, exceptions are not allowed in Residential zones. Does this opinion
hold true for this case?
PLEASE REPLY TO SIGNED
Sally
DATE
SIGNED
THIS COPY RETAINED BY PERSON ADDRESSED
Max Therkelsen
i . P.O. Box 521
Kodiak, Alaska 99615
KA
YS "� 1 �n �e3i
Wg�atl�al April 7, 1967
Kodiak Island Borough
Zoning Committee
P.O. Box 1246
Kodiak, Alaska 99615
Gentlemen:
I request that I be allowed to continue the commercial use of. Lots
1 (One) and 20 (Twenty) of Block 2 (Two) of. the Leite Addition.
These lots have been used for business use for the past twelve years.
Very truly yours
Max Therkelsen
I verify that I have kept Mr. Therkelsen's records fpr the past five
years and that his business records at this'location do go back for
twelve years.
0
Jo Hadu
Accountant