LARSEN BAY TR A BK 3 LT 1A - ZCP 3/9/2021Kodiak Island Borough Print Form Submit by Email
�ti, Community Development Department
710 Mill Bay Rd. Rm 205
�� Kodiak AK 99615
Ph. (907) 486 - 9363 Fax (907) 486 - 9396 20049
http://www.kodiakak.us
Zoning Compliance Permit Permit No. BZ2021-046
The following information is to be supplied by the Applicant:
Property Owner / Applicant: Uyak Bay LLC - Bruce Kososki
Mailing Address: PO Box 128, Larsen Bay, AK 99624
Phone Number: 760-702-1667
Other Contact email, etc.: Agent: Chad Elmer-chad@kodiaklegendslodge.com
Legal Description:
Subdv: Larsen Bay, Tract A Block: 3 Lot: 1A
Street Address: NHN Larsen Bay
Use & Size of Existing Structures:
Commercial Lodge and associated outbuildings. Lodge - 5000 sf, conex - 320 sf, quonset - 600 sf, fish house -150 sf
Description of Proposed Action:
After -the -fact zoning compliance permit to meet rezone requirements (Ordinance FY2018-06)
Site Plan to include: Lot boundaries and existing easements, existing buildings, proposed location of new construction, access points,
and vehicular parking areas.
Staff Compliance Review: Current Zoning: Business KIBC 17.90 PROP —ID 20049
Lot Area: .45 acres Lot Width: Not Applicable Bldg Height: 35 '
Front Yard: Not Applicable Rear Yard: Not Applicable Side Yard: Not Applicable
Prk'g Plan Rvw? n/a # of Req'd Spaces:
Staff Compliance Review Notes and Specific Plat / Subdivision Requirements:
Subd Case No-- Xls—J/ Plat No. Bld'g Permit No.
Does the project involve N / A
an EPA defined facility?
*Commercial buildings, installations (military bases),
institutions (schools, hospitals) and residences with
more than four (4) dwelling units.
Driveway
Permit?
Septic Plan
Approval:
Fire
Marshall:
Proof of EPA notification provided (if required)?
*Required for all demolitions, for renovations disturbing at least 160 square
feet 260 linearfeet, or 35 cubic feet of Regulated Asbestos Containing Material (RACM), and
for renovations that remove a load -supporting structural member.
No permit will be issued for such protects without proof of EPA notification
Applicant Certification: 1 hereby certify that I will comply with the provisions of the Kodiak Island Borough Code and that)
have the authority to certify this as the property owner, or as a representative of the property owner. 1 agree to have identifiable
corner markers in place for verification of building setback (yard) requirements.
Attachments? Site Plan
Date: Mar 9, 2021
List Other: Easement
Signature: Chad Elmer
This permit is only for the proposed project as described by the applicant. If there are any changes to the
proposed project, including its intended use, prior to or during its siting, construction, or operation, contact
this office immediately to determine if further review and approval of the revised project is necessary.
THIS FORM DOES NOT AUTHORIZE CONSTRUCTION WHEN A BUILDING PERMIT IS REQUIRED.
**EXPIRATION: Anyzoning compliance permit issued is subject to the same expiration, suspension, and revocation provisions as a
building permit issued for the same construction permit.**
CDD Staff Certification
Date: Mar 9, 2021 CDD Staff:
Payment Verification Zoning Compliance Permit Fee Payable in Cashier's Office Room # 104 - Main floor of Borough Building
Not Applicable
Less than 1.75 acres:
1.76 to 5.00 acres:
5.01 to 40.00 acres:
40.01 acres or more:
❑ $0.00
❑ $30.00
❑ $60.00
❑ $90.00
❑ $120.00
After -the -Fact 2X the published amount
$ 0.00
$60.00
$120.00
$180.00
$ 240.00
lKW
POWER OF ATTORNEY
The undersigned:
Bruce Alan Kososki, holder of U.S. Passport Number 711844352 issued on 25 August 2015;
Hereby appoints:
Chad Michael Elmer, holder of U.S. Passport Number 566381335 issued on September
12th, 2018, to be his true and lawful representative with full authority to sign any and all
documents as required by the State of Alaska and the Kodiak Island Borough. This power of
attorney covers both my personal and business holdings (Tian Shan Holdings LLC and Uyak
Bay LLC) in the state of Alaska. This power of Attorney shall remain in effect for six months
from the date of my signature noted below.
The undersigned also hereby covenants and agrees to indemnify and to hold harmless Chad
Michael Elmer from and against any liability Chad might incur for any steps taken in
connection with this Power of Attorney.
SIGNED December 12th, 2020.
By: Bruce Alan Kososki
- - - --- - - - - -_ . •
D'
SECOND STREET -?0, R.o.w. ,' , y� O
— — — Cn I 2
N 6430'00' E 115.00'
P.O. B. rn LOT 4
m �' • BLOCK 2
44.2' LARSEN BAY.w
LOT 2 R.O. TOWN SITE
BLOCK 3 LOT 1A I LISS 4872
LARSEN BAY BLOCK 3 cn w PLAT 1969-3
TOWN SITE N PLAT 2010-19 N o I \
USS 4872 w 0.445 Acres
PLAT 1969-3 Ct $ 19402 Sq. Feet g T P 0 6
m -
$ 3.97'
$ TEMPORARY
BUILDING
�4'Fy�o 16.1' DECK w ENCROACHMENT
AC"44,
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I DOCUMENT
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No.
10'X 12'
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green house
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K.R.D.
2 story wood
258 Sq. Feet
framed lodge t0'
N
64'30'00" E
1 i 000�
20.00'
— — —
N LOT 2A
:
BLOCK 2
34.9' quonset
g
8 PLAT 2010-19
convex � ,�A
S 64'30'00' W 135.00'
fish house
R.O.W.
LOT 7
BLOCK 3
LOT 8
-201
BLOCK 3
I
LARSEN
TOWN SITE
I LARSEN BAY TOWN SITE
D I
LOT 3A
USS 4872
` USS 4872
=
BLOCK 2
PLAT 2010 19
PLAT 1969-3
PLAT 1969-3
I I
rn
LEGe"D 0 30
60
LOTLINE=ADJACENILUTLINE•
(N2
••
"'''''•'•SCALE
= EDGE OF DRIVEWAY
-CENTEROFRO.W.R.O W - RIGHT-OF-WAY
. "�'A�
SURVEY NOTES
1 THIS INSTRUMENT REPRESENTS A MORTGAGE LOCATION SURVEY PREPARED IN
ACCORDANCE WITH THE ASPLS MORTGAGE LOCATION SURVEY STANDARDS.
2. INFORMATION SHOW HEREON REPRESENTS THE CONDITIONS THAT WERE
FOUND AT THE TIME OF THE LOCATION SURVEY WAS PERFORMED AND THAT
THIS INSTRUMENT DOES NOT CONSTITUTE A BOUNDARY SURVEY AND IS
SUBJECT TO ANY INACCURACIES THAT A SUBSEQUENT BOUNDARY SURVEY
MAY DISCLOSE. THE INFORMATION CONTAINED ON THE DRAWNG SHALL NOT
BE USED TO ESTABLISH ANY FENCE, STRUCTURE, OR OTHER IMPROVEMENTS.
3, THIS MORTGAGE LOCATION SURVEY WAS PREPARED FOR UYAK BAY, LLC, AND
IT SHOULD ONLY BE USED FOR A SINGLE PROPERTY TRANSACTION. REUSE OF
THIS DRAWING BY THE ORIGINAL CLIENT OR BY OTHERS, FOR ADDITIONAL USES
AT A LATER DATE WITHOUT EXPRESS CONSENT OF SURVEYOR IS A VIOLATION
OF FEDERAL COPYRIGHT LAW. UNLESS GROSS NEGLIGENCE 16 DISCOVERED,
THE LIABILITY EXTENT OF THE PREPARER SHALL BE LIMITED TO THE AMOUNT
OF FEES COLLECTED FOR SERVICES IN PREPARATION OF THIS PRODUCT.
4. THE BASIS OF BEARINGS IS PLAT 6" RECORDED IN THE KODIAK RECORDING
DISTRICT, KODIAK,AK. BEARINGS AND DISTANCES (U.S. SURVEY FEET)SHOWM
ARE PER RECORD (PLAT 68-3 & PLAT 2010-19).
S. FIELD WORK WAS CONDUCTED IN DECEMBER, 2020.
SURVEYOR'S CERTIFICATE
1, HEREBY CERTIFY THAT I HAVE SURVEYED THE DESCRIBED PROPERTY AND THAT
THE IMPROVEMENTS SITUATED THEREON ARE WITHIN THE PROPERTY LINES AND DO
NOT OVERLAP OR ENCROACH ON THE PROPERTY LYING ADJACENT THERETO, THAT
NO IMPROVEMENTS ON PROPERTY LYING ADJACENT THERETO ENCROACH ON THE
PREMISES IN QUESTION AND THAT THERE ARE NO ROADWAYS, TRANSMISSION LINES
OR OTHER VISIBLE EASEMENTS ON SAID PROPERTY EXCEPTAS INDICATED HERON.
DATE 02X19f2 1 I 9EGISTRATION NO 13M
REGISTERED LAND SURVEYOR
MLS:
LOT 1A BLOCK 3 TOWNSITE OF LARSEN SAY TRACT A, PLAT
2010-19, KODIAK RECORDING DISTRICT, KODIAK AK
PREPARED FOR: I UYAKBAY, LLC PO. SW 128L— ftAcW4
DRAWN BY: TW DATE: 0210®/2021
SCALE: 1"=30' REF NO. 210020121
WILLMANLAND SURVE17NGPaaoxtusKom&AKaw tasn..
` III�IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIVIIIIIIIIIII
Grantor(s): City of Larsen Bay whose address is: P.O. Box 8 Larsen Bay, Alaska
99624
Owner: "A" street Right of Way, Larsen Bay Tract A according to Plat
Number 1969-3 and 2010-19, records of the Kodiak Recording District, Third
Judicial District, State of Alaska.
Grantee(s): Uyak Bay, LLC whose address is: P.O. Box 128 Larsen Bay, Alaska
99624
Owner: Lot 1A Block 3 Larsen Bay Tract A according to Plat Number 2010-
19, records of the Kodiak Recording District, Third Judicial District, State of
Alaska.
After recorXpa, please return to:
City of Larsen Bay
P.O. Box 8
Larsen Bay, AK 99624
Page 1 of 3
eRecorded Document
Temporary Building Encroachment Easement
The Grantor(s): City of Larsen Bay whose address is: P.O. Box 8 Larsen Bay, Alaska
99624
GRANT, CONVEY and WARRANT to:
The Grantee(s): Uyak Bay, LLC whose address is: P.O. Box 128 Larsen Bay, Alaska
99624
A Temporary building encroachment easement for a portion of an existing structure located
on lot 1 A Bock 3 of Larsen Bay Tract A, also located on a portion of "A" street right of way of
Larsen Bay Tract A, U.S. Survey 4872 according to plat 2010-19, records of the Kodiak
Recording District, Third Judicial District, State of Alaska. More particularly described as
follows:
Beginning at the North East corner of Lot 2 Block 3 Larsen Bay Tract A of U.S. Survey
4872, common with the North West corner of Lot 1A Block 3, afore mentioned; Thence
N64°30'E along the southerly right of way of second street, also the northerly boundary of
Lot 1A Block 3, afore mentioned, a distance of 115.00 feet to a point; Thence S25°30'E a
distance of 73.00 feet to the true point of beginning of said easement; thence N64°30'E a
distance of 3.97 feet to a point; Thence S34045'46"E a distance of 37.49 feet to a point;
Thence S364'30'W a distance of 10.00 feet to a point: Thence N25°30'W a distance of
37.00' to the point of beginning of said easement, containing an area of 258 square feet
more or less. See attached exhibit.
This easement is temporary and shall expire when the life of the existing building, decks,
steps, or other improvements which are located on that portion of "A" street become of
disrepair, removed, burned, damaged from an event, or otherwise deemed unsafe or
unusable.
This easement is non -perpetual and shall not run with the land.
Ill 11111111111111111111111 IllII Page 2 of
2 of 4
eRecorded Document 2021-000174-0
DATED:
Grantor:
STATE OF ALASKA)
THIRD JUDICIAL DISTRICT) ss.
City of Larsen Bay
By: Bill Nelson
AS ITS: Mayor
r� �
On this .2&a day of fA1UUAR q 202 1 , before me, the undersigned, a Notary
Public in and for said State, personally appeared Bill Nelson who is the Mayor OF Larsen
Bay City, personally known to me (or proved to me on the basis of satisfactory evidence) to
be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted, executed the instrument.
Witness my hand anc[ official seal
I Bq
�5 } .q\.
JAN 2 6 2021
Notary Public in and for the State of Alaska \
My Commission Expires: 20.9 2 \
eRecorded Document
I I IIIIII I I IIIII II I I I I Page 3 of 3
3of4
2021-000174-0
eRecorded Document
-----------I- --7
.............. .20; ...
-;-------------r--{.--- �z
SECOND STREET ?0
20, R.o.w. I' • • y 20
— — to
N 64'30'60' E 115.00'
P.O. B. ITI LOT 4
: BLOCK 2
44 2' ARSEN BAY
LOT 2 R.O.W. TOWN SITE
BLOCK 3 LOT 1A I USS 4872
ARSEN BAY BLOCK 3 A PAT 1969-3
TOWN SITE PAT 2010-19 Nn o I '
USS 4872 0.445 Acres ' ' ' ' .
PAT 1969-3 g 19402 Sq. Feet 8
m T.P.O.B.I
TEMPORARY
BUILDING
• F4.0R0 16.1 DECK ENCROACHMENT
4 EASEMENT.
�MFNI a ut 258 Sq. Feet
green house m
2 story Wood
framed lodge 10' N 64'30'00' E
20.00' --
N LOT 2A
: 9 BLOCK 2
34.9' quonset $ $ PAT 2010-19
convex
m
S 84'30'00' W 135.00' fish house
R-O.W.
LOT 8
BLLOT 7 OCK 3 Ncao4chM�Nr
BLOCK 3
ARSEN BAY (
TOWN SITE ARSEN BAY TOWN SITE D LOT 3A
USS 4872 I BLOCK 2
LISS 4872
PLAT 1969.3 i PAT 1969-3 I � I PAT 2010-19
� I �
ITI
I
LE`GE O 0 30 60
- LOT LINE
• ADJACENT LOT LINE
..................... •EDGE OF DRIVEWAY
------- •CENfEROFRO.W. 'GRAPHIC SCALE
R.O.W. • RIGNT OF WAY
SURVEY NOTES:
EXHIBIT:
1. THE INTENT OF THIS EXHIBT IS TO SHOW THE LOCATION OFA Temporary building encroachment easement
TEMPORARY BUILDING ENCROACHMENT EASEMENT.
2. INFORMATION SHOWN IS BASED ON RECORD.
PREPARED FOR: Goof Larson Bay PO. Bm IL—aq•,A92WO
DRAWN BY: TW I DATE: 01/22/2021
SCALE: 1-=30' 1 REF NO. 210020121
WILLMAN LAND SURVEYING P.o. eox,us.—K Axwu wr.aznx
IIII IIII IIIIIIIIII III
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2021-000174-0
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Introduced by: KIB Manager
Drafted by: P&Z Commission
Introduced on: 08/03/2017
Public Hearing Date: 08/17/2017
Postponed: 05/03/2018
Adopted on: 05/03/2018
KODIAK ISLAND BOROUGH
ORDINANCE NO. FY2018-06
AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH REZONING
LOT 1A, BLOCK 3, TRACT A, LARSEN BAY SUBDIVISION FROM RI -SINGLE-FAMILY
RESIDENTIAL DISTRICT TO B-BUSINESS DISTRICT (P&Z CASE NO. 17-026)
WHEREAS, as a second class borough, the Kodiak Island Borough exercises planning,
platting, and land use regulations on an area wide basis pursuant to Chapter 29.40 Alaska
Statutes; and
WHEREAS, in accordance with AS 29.40, the Kodiak Island Borough adopted the 2008
Comprehensive Plan update on December 6, 2007 (Ordinance No. FY2008-10) to replace the
1968 Comprehensive Plan; and
WHEREAS, the Kodiak Island Borough has adopted KIBC Title 17 (Zoning) in accordance
with AS 29.40 to implement the Kodiak Island Borough Comprehensive Plan; and
WHEREAS, KIBC 17.205.010 provides that "Whenever the public necessity, convenience,
general welfare or good zoning practice requires, the assembly may, by ordinance and after
report thereon by the commission and public hearing as required by law, amend, supplement,
modify, repeal or otherwise change these regulations and the boundaries of the districts"; and
WHEREAS, the Planning and Zoning Commission received a request to rezone Lots 1A, 2, 3,
and 4, Block 3, Tract A, Larsen Bay Subdivision from R1-Single-Family Residential District to B-
Business District; and
WHEREAS, the request was submitted in an effort to bring an existing nonconforming
commercial lodge operation into compliance with Title 17 (Zoning) of the Borough Code; and
WHEREAS, the aforementioned commercial lodge has been in operation on Lot 1A since
construction of the main lodge building in 1998 and, since 2009, has expanded onto Lots 2, 3,
and 4; and
WHEREAS, on April 19, 2017, at an advertised public hearing consistent with Kodiak Island
Borough Code 17.205.040, the Planning and Zoning Commission considered the merits of the
rezone request; and
Kodiak Island Borough, Alaska
Deletion — Red, Strikeout
Insertion — Bold, Blue, Underlined
Ordinance No. FY2018-06
Page 1 of 3
Version 1
46 WHEREAS, after receiving public testimony in opposition of the proposed rezone, the
47 Planning and Zoning Commission voted to postpone the request to the June 21, 2017 regular
48 meeting to allow additional time for further public input; and
49
50 WHEREAS, at a June 21, 2017 public hearing that was advertised to all property owners in
5\ the City of Larsen Bay, the Planning and Zoning Commission further considered the merits of
52 the rezone request; and
53
54 WHEREAS, the Planning and Zoning Commission, in an effort to separately address the
55 longstanding commercial lodge use from the more recently expanded lodge use, voted to divide
58 the request by separating the proposed rezone for Lot 1 A from Lots 2, 3, and 4; and
57
58 WHEREAS, the Planning and Zoning Commission voted to recommend to the Borough
59
Assembly that Lot 1A, Block 3, Tract A, Larsen Bay Subdivision be rezoned from Rl-Single-
60 Family Residential District to B-Business District, finding that the public necessity, convenience,
dl general welfare, and good zoning practice would be enhanced by such action; and
62
63 WHEREAS, the Planning and Zoning Commission voted to postpone the rezone request for
64 Lots 2, 3, and 4 to the April 19, 2018 regular meeting to allow sufficient time for further input by
65 the City of Larsen Bay and residents and to accommodate a review of the City of Larsen Bay
66 annex to the 2008 Comprehensive Plan; and
67
68 WHEREAS, at an advertised public hearing, consistent with Kodiak Island Borough Code
GA 17.205.040. the Borough Assembly considered the [nehto of the rezone request as it applies to
70 Lot 1A. Block 3, Tract A, Larsen Bay Subdivision.
7]
72 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KO0|AK ISLAND
73 BOROUGH THAT:
74
75 Section 1; This ordinance is NOT of permanent nature and shall NOT become a part of the
76 Kodiak Island Borough Code OfOrdinances.
77
78 Section 2: Lot 1A, Block 3, Tract A, Larsen Bay Subdivision are hereby rezoned from R1-
79 Single -Family Residential District tOB-BuoineasDistrict.
80
81 Section 3: By this ordinance, the Borough Assembly adopts the following findings of fact in
82 support oftheir approval Ofthis rezone.
83
84 1. The applicant desires to continue the use of an existing cornnneruio| lodge that has
05 operated on this Fl1-Single-Family Residential zoned lot for 19 years. Lodges are not o
86 permitted use in Fl1-SiDg|e-F8rOi|yResidential zoning. Lodges are 8 permitted use iOB-
07 Business zoning. Accordingly, the |o1 must be rezoned from R1-Single-Family
88 Residential District to B-Business District to allow the oonnrneroio| lodge operation to
89 COOUDUe.
90
Kodiak Island Borough, Alaska Ordinance No. F`/2O18-OO
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2. The lot is situated within a mixed zoning area that includes R1-Single-Family
Residential, B-Business, and C-Conservation zoning and uses. The rezone is consistent
with that mixed zoning.
3. The lot has adequately accommodated the existing lodge buildings and use for several
years and appears to be suitable for such use. The lot is also of sufficient area to
accommodate a variety of other uses that are allowed in B-Business zoning.
4. The rezone is consistent with the Mixed CommercialMaterfront/Residential
Comprehensive Plan Future Land Use Designation assigned to the lot (Case No. 17-
025). The rezone is also consistent with, and will further implement, various land use
and economic goals, policies, and implementation actions identified in the adopted
Comprehensive Plan.
5. The Planning and Zoning Commission recommends that the Borough Assembly approve
this rezone.
Effective Date: This ordinance shall become effective upon the provision of a current as -built
survey and issuance of zoning compliance for all existing structures and established uses on
the subject parcel. Should the as -built survey and zoning compliance requirement not be met
within 36 months of Assembly approval, this approval shall become null and void
ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
THIS THIRD DAY OF MAY, 2018.
KODIAK ISLAND BOROUGH
Daniel A. Rohrer, Mayor
VOTES:
Ayes: Smiley, Crow, Kavanaugh, and Schroeder
Noes: Skinner, Symmons, and Van Daele
ATTEST:
Nova M. Javier, MMC, C erk
Kodiak Island Borough, Alaska Ordinance No. FY2018-06
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