1978-27 Ratifying the Business District Zone of Lot 39, Block 2, Erskine Subdivision, U.S. Survey 562 and Clarifying the Business District Zone of Tract "A," U.S. Surveys 2537-B and 562KODIAK ISLAND BOROUGH
ORDINANCE NO. 78 -27 -0
AN ORDINANCE OF THE KODIAK ISLAND BOROUGH ASSEMBLY
FATIFYING THE BUSINESS DISTRICT ZONE OF LOT 39, BLOCK 2, ERSKINE
SUBDIVISION, U. S. SURVEY 562 AND CLARIFYING THE BUSINESS
DISTRICT ZONE OF TRACT "A ", U. S. SURVEYS 2537 -B AND 562.
WHEREAS, Alaska Statutes 29.33.090 empowers the Borough
to enact zoning plans and to provide for its administration,
e nforcement and amendment, and
WHEREAS, the Kodiak Island Borough has pursuant thereto
adopted Chapter 17 of its Code of Ordinances and Resolutions
which contains planning and zoning provisions and procedures, and
WHEREAS, Ordinance No. 74 -5 -0, adopted March 7, 1974,
rezoned Lots 40, 41, 42, 43, 44, and 45, Block 2, Erskine
Subdivision, U. S. Survey 562 and Lot 12, Block 1, Kodiak
Townsite, U. S. Survey 2537 -B (replatted as Tract "A ", U. S.
Surveys 2537 -Band 562) from R -3 to Commercial, and
WHEREAS, a complaint (Case No. 3AN -78 -3988) has been
filed in the Superior Court for the State of Alaska, Third
Judicial District at Anchorage, alleging that the preamble of
Ordinance No. 74 -5 -0 restricts the height of buildings in the
established business zone, and
WHEREAS, Ordinance No. 76 -17 -0, adopted July 1, 1976,
rezoned Lot 39, Block 2, Erskine Subdivision, U. S. Survey 562
1
from R -3 to Business, and
WHEREAS, said complaint also alleges that Ordinance No.
7 6 -17 -0 is void because of deficiencies in the notice of Assembly
action regarding this ordinance, and
WHEREAS, a petition has been received by the Planning
and Zoning Commission from the property owner, Sunset Development
Company of Kodiak, requesting that the zone of Lot 39, Block 2,
Erskine Subdivision, U. S. Survey 562 be ratified as business and
that the zone of Tract "A ", U. S. Surveys 2537 -B and 562 be
,clarified as business without additional restrictions as to
building height, and
WHEREAS, the petition was considered by the Planning
and Zoning Commission on the 18th day of October, 1978, and,
ba$e upon its determination that the property is presently zoned i
bus iness, said body decided not to make any recommendation
regarding the petition, and
WHEREAS, the Assembly recognizes the shortages of
a dequate housing for the elderly of Kodiak and desires to prevent
any delay in the occupancy of the Kodiak Elderly Housing Project,
and
•
WHEREAS, the Assembly desires to remove any questions
regarding the validity and effect of prior Assembly actions, and
IOW, THEREFORE, BE IT ORDAINED, by the Borough Assembly
of the Kodiak Island Borough that Lot 39, Block 2, Erskine
Subdivision, U. S. Survey 562 is zoned business; that Tract "A ",
U. S. Surveys 2537 -B and 562 is zoned business without additional
restrictions as to building height; that notice of this ordinance
be given by publication in the Kodiak Mirror seven days prior to
the Second Reading and public hearing thereon; that the public
hearing be held thereon on the date of the second reading; and
that this ordinance shall be in full effect at the time of
adoption.
ATTEST:
Page Two
Ordinance No. 78 -27 -0
KODIAK ISLAND BOROUGH
First Reading, Approval Date: November 2, 1978
Second Reading, Public Hearing, Approval Date: December 7, 1978
Effective Date: December 7, 1978