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1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />29 <br />30 <br />31 <br />32 <br />33 <br />34 <br />35 <br />36 <br />37 <br />38 <br />39 <br />40 <br />41 <br />42 <br />43 <br />44 <br />45 <br />Introduced by: Borough Manager <br />Drafted by: CDD Director <br />Introduced on: 08/16/2018 <br />Public Hearing Date: 09/06/2018 <br />Amended: 09/06/2018 <br />Adopted on:09/06/2018 <br />KODIAK ISLAND BOROUGH <br />ORDINANCE NO. FY2019-08 <br />AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH PLACING A <br />TEMPORARY MORATORIUM ON THE ENFORCEMENT OF EXISTING VIOLATIONS OF <br />TITLE 17 (ZONING) OF THE BOROUGH CODE FOR ALL PROPERTIES LOCATED WITHIN <br />THE CORPORATE LIMITS OF THE CITY OF LARSEN BAY <br />WHEREAS, an investigation into a May 25, 2016 complaint confirmed allegations that three <br />longstanding commercial lodge operations were operating on eight R1 -Single -Family Residential <br />zoned parcels in the City of Larsen Bay; and <br />WHEREAS, that substantiated complaint prompted two lodge owners to attempt to bring their <br />lodges into compliance by submitting requests to rezone five of the parcels from R1 -Single -Family <br />Residential District to B -Business District; and <br />WHEREAS, the Borough Assembly approved a rezone of one of these parcels and denied <br />rezones for four of these parcels; and <br />WHEREAS, to currently comply with Kodiak Island Borough Code Title 17 (Zoning), the affected <br />lodge owners must cease and desist all lodge related activities taking place on their R1 -Single - <br />Family Residential zoned properties; and <br />WHEREAS, the affected commercial lodge owners have not completed their 2018 season and <br />have booked clients through the end of that season; and <br />WHEREAS, placing a temporary moratorium on the enforcement of existing violations of Kodiak <br />Island Borough Code Title 17 (Zoning) will allow those affected lodge owners to continue to <br />operate their lodges through the end of the 2019 season; and <br />WHEREAS, at the August 9, 2018 Work Session the Borough Assembly discussed the need <br />for a moratorium on the enforcement of existing violations of Title 17 (zoning) of the Borough <br />Code for properties located within the corporate limits of the city of Larsen Bay until the final <br />decision on adopting the plan is rendered; and <br />WHEREAS, after those discussions, the Borough Assembly directed staff to draft this <br />moratorium ordinance for introduction at the August 16, 2018 Regular Meeting; and <br />Kodiak Island Borough, Alaska Ordinance No. FY2019-08 <br />Page 1 of 2 <br />