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05/14/19760 0 2 KODIAK ISLAND BOROUGH SPECIAL ASSEMBLY MEETING MAY 14th, 1976 I CALL TO ORDER The meeting was called to order by Presiding Officer Wallin at 4:27 p.m., in the Borough Meeting Room, Borough Building, Kodiak. II ROLL CALL Present 0 ' 2 Absent Mayor Robert Craig Dr. Michael Emmick Mrs. Betty Wallin Mr. Hal Lincoln Mr. Frank Peterson Mrs. Sandra Kavanaugh Mr. James Peotter Mr. Les Anderson (late arrival) Also present: Mr. Mike Sharon, Borough Attorney; Mr. George Vogt, attorney for Mr. & Mrs. Fred Ogden, Sr., also present; and Mr. Fred Ogden, Jr. Others in the audience included, Tom Hayden, Chairman Planning Commission; Gordon Barnett, Building Official and approximately 15 other individuals. III ITEMS OF BUSINESS Presiding Officer Wallin noted that the Assembly would sit as the Board of Adjustment to hear the Appeal of the Planning Commission's actions regarding Lot 13A, U. S. Survey 3100, Fred and Sharon Ogden, Sr. The meeting was turned over to Deputy Presiding Officer Lincoln to conduct the hearing. Mr. Lznco n note A. A eal from P &Z Action - Fred & Sharon Ogden, Sr. • at t e Notice o Appea that the Board of Adjustment would hear testimony on en certaind, portions of that petition. Although the petition had not been prepared properly testimony would be taken on the variance, Grandfathers Rights and exception. The Board will not consider Item 06, rezoning as the fees were not paid as required by the Borough Code. A Section of the Code was cited 1 6.40.200 and this concerns Trailer Courts and will not be considered by the Board. Mr. Lincoln asked that the order of questions be the same with all witnesses. Mr. Lincoln further noted that the Board would take testimony only and a decision will be rendered after a review of that testimony. Mr. Vogt called his first witness; Mr. Fred Ogden, Jr., was sworn in by the Borough Clerk. In reply to questions asked by Mr. Vogt, Mr. Ogden,Jr., replied that on the lot in question there were two trailers and three warehouses. Mr. Ogden noted that he was familiar with the use of the property prior to the purchase, that was warehousing and storage and that the space was being leased for storage to other privatelindividuals. The types of materials stored were In reply to question as sto whether or not tanythingvwas stored outside, Mr. Ogden replied that there was, and these consisted of a 90 -foot land craft and trucks. Mr. Ogden stated that this property had been used for commercial storage as long as he could remember, at least 11 years. The former owner of this lot was Chuck Powell of Kodiak Transfer. The former owner had also used a two place garage there for repair work. Mr. Vogt then handed Mr. Ogden a piece of paper and asked that he describe it for the Board. Mr. Ogden noted that this was a 1964 Business License dated December 26, 1963 made out to Charles Powell dba Kodiak Body and Repair Shop, Box 605, for vehicle repair, sales services and rentals. l 0 0 1 2 n -, 2 KIB SPECIAL MEETING - MAY 14 1976 Page 2 Mr. Ogden stated that about 2/3s of the property had been used for outside storage and that when he acquired the 'Property there had also been a trailer on the property, this has since been destroyed. Mr. Ogden was then given a number of pictures, some taken before the cleanup of the Property and some after that cleanup had begun. The cleanup process was started prior to the letter from the Building Official issuing the stop work order. Mr. Ogden further indicated that they, he and his parents, anticipated using the warehouses for commercial storage and replied that the storage area would be used for the drilling rig for his own personal tools. Mr. Ogden went on to state that the property had been in a very run down condition at the time of purchase, that it was cluttered with old vehicles, piles of surplus materials. The trailer previously used for dwelling had been removed as well as the leanto that was attached to it. And Mr. Ogden noted that they were in the process of cleaning up the area when the stop work order came from the Borough. Since that time only a limited amount of work has been done, such as closing in the pipes to keep them from freezing, etc. Mr. Vogt asked if Mr. Ogden had gone to the Borough Office when this development was originally started and obtained a trailer permit. Mr. Ogden presented a receipt in the amount of $10.00 (two receipts) signed by Kathryn Urie, reading same to the Board, indicating the date was January 7, 1976. Mr. Ogden further stated that no one at the Borough Office informed him that he would have to check with the Building Official regarding the placement of the trailer and further that the Borough Office had stated they always kept the trailer permits as people had lost them in the past. The distance from the road was cited as being perhaps 18 -20 feet. Mr. Ogden stated that it would be impossible because of the terrain to move the trailers farther back from the road. The sewer connection is to an existing sewer line that services the trailer court across the road, is an 8" line and noted that the sewer line that services Aleutian Homes is only about 2 ". The trailers were located in their present positions because of the access to the sewer line and any other placement would mean that the sewage would have to be pumped up hill. Mr. Ogden then listed a number of businesses located in this area and located their positions on the zoning map. Total of about 19, seven trailer courts and 12 business enterprises. Also pointed out that the new sewer outfall will be about 400 yards away from the property in question. Mr. Ogden indicated that he did not feel that the placement of the sewer treatment plant in that area would greatly increase the residential land use. In reply to question concerning other residential buildings in the area and the setbacks, Mr. Ogden stated that there are quite a few that are closer than the Ogden trailers to the road right of way and some are even over the property lines. Mr. Sharon, Borough Attorney, then asked questions of the witness asking that he sketch the outline of the lot in question, note the placement of the warehouses, number the warehouses, place the trailers in the proper location on the sketch and indicate also the road into the property. When asked about the ptevibus use, Mr. Ogden noted that he had been aware of the storage business on that lot, had in fact seen some of the stored items and had leased some of the storage space himself from Mr.Powell. In reply to the question regarding the storage of construction equipment, Mr. Ogden indicated he did not personally know whether or not 'this was stored on the lot, q Pment, that Mr. Powell might have op erated a e b usiness on. other noted that a property was pproximately 2/3's of the lot was used for outside individuals were sc trucks t outside. w if i 0 .i 2 0 3 3 0 XIS SPECIAL MEETING - MAY 14, 1976 Page 3 Mr. Sharon asked if business was being conducted under another name, for storage. Mr. Ogden indicated that this was for Fred and Sharon Ogden and that they would be storing the same kind of material that Mr. Powell had stored on this. property. Further that the drilling rig is owned by J &S Drilling Company and will be stored on the land, J &S is a family owned corporation. In reply to question regarding storage of tools, Mr. Ogden indicated that this would be for his own personal tools, used in his trade as a driller. He was not sure at this point if he would be charged rental for that space or not. It was anticipated that the commercial storage of the warehouses would be continued, however no other portion of the property was planned to be used for commercial storage. The placement of the trailers was noting that Trailer #2 is located 5 -6 1/2 feet inside the property line and Trailer #1 is 5 -8 feet inside the property line. One trailer had previously been located across from B &C and the other was on the Coast Guard Base. Mr. Ogden indicated that he thought that his parents had contacted the Borough for the permit prior to the placement of the trailers, however had not personal knowledge. He indicated that Trailer No. 1 was placed on the lot probably in September 1975 and that later No. 2 was placed there, sometime during that year, 1975. Mr. Ogden stated that the Borough Office was contacted in January for the permit and that they had decided to live in the trailers, this was what prompted the obtaining of the permits. The permit had been applied for, and a receipt for the money given, at that point the trailers were moved into position. The next contact with the Borough was the letter from the Building Inspector. As regards the land, Mr. Ogden noted that the land slopes down to the ocean and there is a steep bank just back from the road. It is this steep bank that prevents the trailers from being placed farther back on the lot and the fact that there are warehouses on the land. In reply to several questions regarding, the drainage and the possibility of placement of the trailers in different locations, Mr. Ogden pointed out the reasons why this was the most logical place to put the trailers. Further problems with the sewer line were also brought out, noting that the 8" line was a much better line than the outfall that ended on the sewerlinecin anotheri broughtlout, notingethe e rocky condition of this area. Mr. Ogden noted that the setback of 25 feet would create just as much of a hardship as the original 50 foot setback. Asked if there was any possibility that the trailers are in the road right - of -way, Mr. Ogden stated that they were not and he was sure because the land had been surveyed. Mr. Ogden stated that they wished to live on the property and do what they are doing at the present time. Mr. Vogt on redirect asked where the business license presented as an exhibit wallbofnthe shop Mr. d thatnMillie Muller is was renting this particular building for storage. This was leased after the Ogden's purchased the property. In reply to question regarding a different location of the trailers Mr. Ogden replied that the location as suggested toward the middle of the property would not be good as there would be too much salt air and spray. Assemblyman Lincoln asked if Mr. Ogden knew the person that issued the stop work order and he acknowledged that he did, George Lindholm is his father -in -law. Mr. Ogden indicated that he had not been contacted previously for seeking a permit from the Borough Office. t 0 0 1 2 0' 3 KIB SPECIAL MEETING - MAY 14th, 1976 Page 4 Mr. Fred Ogden, Sr., was called to testify and sworn in by the Borough Clerk. Mr. Vogt asked how much of a hardship it would create for Mr. Ogden to move the trailers to another location on the Lot Mr. Ogden replied that it would not be possible unless some of the warehouse buildings were torn down. Mr. Ogden further noted that there had been a forty -foot washout after earthquake which took a good deal of land from this lot. The size of the lot was discussed at this point and Mr. Ogden noted that the placement of the trailers were in the best location possible, any other location would be very expensive due to extra work for the sewer lines. Mr. Ogden replied to a question concerning the 8" line and indicated that they hoped that this existing 8" line would be hooked up to the proposed City Sewer line; further noted that the 8" line had been approved by the sanitarian and by the EPA. A map was the presented as Exhibit No. 10, showing the road right -of -way and present thatarecurrently n in M the Oroad right- of- way3eIn replyltoings several questions regarding previous use of the land, Mr. Ogden stated that he was aware at the time of purchase that this had been used for commercial storage and that he did feel that the work that had been done had improved the looks of the lot, i.e., cleaning up of the old truck bodies and all the old vans, trailers and excess equipment. Mr. Ogden stated that he did not know that he was required to get a building permit. Mr. Vogt produced a copy of the Building Official's letter of January 22, 1976, which stated the Building Official had requested several weeks ago that Mr. Ogden contact the Borough Office for the necessary papers, and asked if the Building Official had contacted Mr. Ogden. Mr. Ogden stated that he had not been contacted. He did indicate that he had was gone ttodtat BoroughmOce and Office paid for a trailer permit and Office. Replying to a question s egardingetrafficnhazardorough the Mr. Ogden stated that there was no harzard created due to the fact that the trailers were 5 -8 feet from the road, and indicated that if the road were to run down the center of the right -of -way it would hit several other buildings. Mr. Ogden stated that he could not say whether or not Mr. Dayton was charged for the storage of the landing craft, although he was aware that Mr. Powell was operating a commercial storage yard. . Mr. Sharon asked questions of Mr. Ogden regarding the previous use of the land and whether or not he had been in any of the warehouses. Mr. Ogden noted that he had been in one of the warehouses and that he had not noticed any drilling rigs or equipment being stored there. Mr. Odgen indicated the area of the land that had been used for outside storage, however he could not state whether or not the individuals were charged for the use of this property. Mr. Ogden stated that if someone wished to lease storage space from Fred & Sharon Ogden this would be done, the intention was to lease warehousing space to individuals or maybe to the canneries. In reply to question regarding the storage of J &S Drilling equipment, Mr. Ogden indicated that J &S would be storing equpment here, and that this would be home base for the operation of the business. This business entails the drilling of wells, and grading. The vehicles used by this business will be going on and off the land daily, although most of the equipment would be on a particular job site. Mr. Ogden indicated that they did not intend to use the land for storage of other business ventures other than J &S Drilling. Further mechanical work would be done on the J &S Drilling rigs and vehicles. Noted that it is not in their plans at present to lease the area out to other commercial storage companies to sublet to individuals, however this is a possibility. Mr. Ogden stated that they did not intend to use any other portion of the land other than what Mr. Powell had use, Warehouse 1, 2 and 3. 1 1/ 2 0 3 3 1 RIB ASSEMBLY MEETING - MAY 14, 1976 Page 5 Mr. Sharon asked if Mr. Ogden had had contact with the Building Official prior to the letter of January 22, 1976, and Mr. Ogden stated that he had not. Mr. Ogden stated that the Trailer No 1 had been placed on location about the 1st of December, 1975 and that Trailer No. 2 was placed there sometime after that, in 1975. Mr. Ogden stated that he had talked to the Borough prior to the placement of the trailers, nor had anyone from the Borough Office asked him to get in touch with the borough offices. In reply to question as to what prompted him to apply for the trailer permit, Mr. Ogden stated that they had decided to live in the trailer, and had applied for the permit at least two weeks prior to the use of the trailers. Mr. Ogden replied that he was not aware of the setback requirements, they had been under the impression that the land was zoned business and this would allow a five foot setback. They did not know what the property was zoned at the time of the purchase. They did not have any discussion with anyone from the borough regarding the setback requirements. The sewer line was placed on the property about two weeks before the receipt of the stop work letter. Mr. Ogden stated that there is probably about 20 feet between the property line and where the road runs, and the width of the road is about 20 feet. Mr. Ogden also confirmed his son's testimony that there is no other place for the trailers, with the exception of possibly tearing down the warehouses, and it would be a waste of the property. Questions were asked by the member of the Board, purchase of property, noted it was about the 1st of October, 1975 and finalized about the first of November, 1975. In reply to question by Mr. Vogt, Mr. Ogden replied that J &S Drilling is a family owned and operated business, that they do provide a service to the community as they are the only well drilling service in the area. Mr. Ogden replied that if the variance was not granted they would just sell out and leave the trailers where they sit. It was noted that the evidence as presented would be taken under advisement and that a decision would be rendered within ten days, said decision to be given in writing. B. Review and Approval of the OCS Contract for Services, Between Borough and State, Mrs. Kavanaugh moved to accept the contract as drafted, seconded by Mr. Lincoln. Motion passed by unanimous roll call vote. IV ADJOURNMENT There being no further business the meeting was adjourned at 7:10 p.m., ATTEST: rie Boro Clerk APPRO Borough Mayor