1983-75 Seated as a Board of Adjustment Affirming a Decision of the Planning and Zoning Subdivision Preliminary Plat.n n I 1 4 1
KODIAK ISLAND BOROUGH
RESOLUTION NO. 83 -75 -R
A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY, SEATED AS A
BOARD OF ADJUSTMENT, AFFIRMING A DECISION OF THE PLANNING AND ZONING
SUBDIVISION PRELIMINARY PLAT.
WHEREAS, the Planning and Zoning Commission, at its April 20, 1983
meeting, approved a preliminary plat of the Cape Chiniak Subdivision and
attached eight conditions thereto; and
WHEREAS, Koniag, Inc. appealed the Commission's conditions of
approval on April 29, 1983; and
WHEREAS, the Borough Assembly, seated as a Board of Adjustment at
its July 7, 1983 meeting, conducted a public hearing on Koniag's appeal.
NOW, THEREFORE, BE IT RESOLVED by the Kodiak Island Borough
Assembly, Seated As a Board of Adjustment, that it affirms the Planning
Commission's April 20, 1983 decision attaching specific conditions of approval
to the Cape Chiniak Subdivision with the deletion of conditions 6 and 7, based
on the following reasons:
1. The original subdivision plat submitted on November 18,
1982 was denied on January 29, 1983 and that decision was
not appealed.
2. The conditions of approval imposed conform with the Borough
code in effect on July 6, 1983, which is the date of
submittal for the plat under consideration;
3. The conditions of approval are not arbitrary, capricious,
unreasonable or excessive in the face of 293 lots being
created and the Planning Commission's responsibilities
under A.S.29.33.150 to provide regulations for the form,
size and other aspects of the subdivision and dedications
of land, street widths, arrangement, and right -of -way,
including allowance for access to lots and installation of
street paving, curbs, gutters, sidewalks, sewers, water
lines, drainage, and other public utility facilities and
improvements.
4. The conditions of approval do not constitute condemnation
of private property.
I ATTEST:
PASSED AND APPROVED THIS 7th DAY OF JULY , 1983.
KODIAK ISLAND BOROUGH
BY:
Mayor