FY2019-08 Placing A Temporary Moratorium On The Enforcement Of Existing Violations Of Title 17 (Zoning) Of The Borough Code For All Properties Located Within The Corporate Limits Of The City Of Larsen Bay1
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Introduced by: Borough Manager
Drafted by: CDD Director
Introduced on: 08/16/2018
Public Hearing Date: 09/06/2018
Amended: 09/06/2018
Adopted on:09/06/2018
KODIAK ISLAND BOROUGH
ORDINANCE NO. FY2019-08
AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH PLACING A
TEMPORARY MORATORIUM ON THE ENFORCEMENT OF EXISTING VIOLATIONS OF
TITLE 17 (ZONING) OF THE BOROUGH CODE FOR ALL PROPERTIES LOCATED WITHIN
THE CORPORATE LIMITS OF THE CITY OF LARSEN BAY
WHEREAS, an investigation into a May 25, 2016 complaint confirmed allegations that three
longstanding commercial lodge operations were operating on eight R1 -Single -Family Residential
zoned parcels in the City of Larsen Bay; and
WHEREAS, that substantiated complaint prompted two lodge owners to attempt to bring their
lodges into compliance by submitting requests to rezone five of the parcels from R1 -Single -Family
Residential District to B -Business District; and
WHEREAS, the Borough Assembly approved a rezone of one of these parcels and denied
rezones for four of these parcels; and
WHEREAS, to currently comply with Kodiak Island Borough Code Title 17 (Zoning), the affected
lodge owners must cease and desist all lodge related activities taking place on their R1 -Single -
Family Residential zoned properties; and
WHEREAS, the affected commercial lodge owners have not completed their 2018 season and
have booked clients through the end of that season; and
WHEREAS, placing a temporary moratorium on the enforcement of existing violations of Kodiak
Island Borough Code Title 17 (Zoning) will allow those affected lodge owners to continue to
operate their lodges through the end of the 2019 season; and
WHEREAS, at the August 9, 2018 Work Session the Borough Assembly discussed the need
for a moratorium on the enforcement of existing violations of Title 17 (zoning) of the Borough
Code for properties located within the corporate limits of the city of Larsen Bay until the final
decision on adopting the plan is rendered; and
WHEREAS, after those discussions, the Borough Assembly directed staff to draft this
moratorium ordinance for introduction at the August 16, 2018 Regular Meeting; and
Kodiak Island Borough, Alaska Ordinance No. FY2019-08
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WHEREAS, at the August 16, 2018 Regular Meeting the Borough Assembly reviewed this
moratorium ordinance and approved a motion to advance it to public hearing at the next Regular
Meeting; and
WHEREAS, at the August 30, 2018 Work Session, the Borough Assembly further considered
the need for this moratorium; and
WHEREAS, At the September 6, 2018 Regular meeting, the Borough Assembly held a public
hearing on this moratorium ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND
BOROUGH THAT:
Section 1: This ordinance is not of a general and permanent nature and shall not become a part
of the Kodiak Island Borough Code of Ordinances.
Section 2: A temporary moratorium is hereby placed on the enforcement of Kodiak Island
Borough Code Title 17 (Zoning) violations that occurred on any property within the corporate limits
of the City of Larsen Bay prior to the adoption of this ordinance (existing violations).
Section 3: This temporary moratorium shall not apply to any Kodiak Island Borough Code Title
17 (Zoning) violations that occurred on any property within the corporate limits of the City of
Larsen Bay after the date of adoption of this ordinance (new violations).
Section 4: This temporary moratorium shall take effect upon adoption and shall sunset on
December 31, 2019.
ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
THIS SIXTH DAY OF SEPTEMBER, 2018.
KODIAK ISLANDBOROUGH
Daniel A. Rohrer, Mayor
VOTES:
Ayes: Crow, Schroeder, Skinner, and Van Daele
Noes: Kavanaugh, Smiley, and Symmons
Kodiak Island Borough, Alaska
ATTEST:
M. Javier,
Ordinance No. FY2019-08
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