CHINIAK AK BK 1 LT 1A - Conditional Use PermitKODIAK ISLAND BOROUGH
RESOLUTION NO. 83-122-x
A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY AUTHORIZING THE
ISSUANCE OF A SPECIAL LAND USE PERMIT.
WHEREAS, THE Kodiak Island Bemm0h Assembly provided for Special
Land Use Permits for those instances where private residences are located on
Borough land when it adopted Ordinance No. 83-49-0(&) on August 4, 1983; and
WHEREAS, Claude Travis submitted an application for a Special Land
USe permit on September 23, 1983; and
WHEREAS, a single family residence is present on the property
involved which is being subdivided by the Borough for a future and sale.
NOW, THEREFORE, BE IT RESOLVED by the Borough Assembly that it
authorizes the issuance of a Special Land Use Permit _to Claude Travis for
his residence located on Borough land oo1vt 1, -Block 1, Chiniak Sub-
division.
PASSED AND APPROVED THIS 6th DAY OF October , 1983,
KODIAK IS
BY:
• ``
.```�`
Borough
•
BOROUGH
orough Mayor
KODIAK ISLAND BOROUGH
POST OFFICE BOX 1246
KODIAK, ALASKA 99615
Special Land Use Permit No. 83-2
This Special Land Use Permit, hereinafter referred to as "Permit,"
is made by and between the Kodiak Island Borough, a municipal corporation
organized and existing under the laws of the state of Alaska, hereinafter
referred to as "KIB," and Claude Travis, an individual, hereinafter referred
to as "Permit Holder."
1. Authority. This Permit is authorized by Section 18.50.030 of
Borough Code and Borough Assembly Resolution No. 83-122-R, dated October 6,
1983, copies of which are attached as Exhibits A and B hereto.
2. Location. This Permit is for Lot 1, Block 1, Chiniak Sub-
division, owned by KIB. Permit Holder shall acquire no rights to the real
property occupied under the authority of this permit. The Permit Holder has
occupied the site for two years, as of the signing of this Special Land
Use Permit.
3. Improvements. The real property involved contains a single-
family home, woodshed, and tool shed owned by the Permit Holder.
4. Term. This Permit is issued for a one-year term commencing on
October 6, 1983 and expiring on September 30, 1984. This Permit shall auto-
matically expire on the date of a land sale involving the land occupied.
5. Renewal. This Permit may be renewed on a year-to-year basis
by the Borough without the filing of additional applications by the Permit
Holder.
6. Fee. The fee for this Permit is Two Hundred Dollars ($200)
per month, payable monthly in advance to the Kodiak Island Borough.
7. Taxes and Assessments. In addition to any fees provided for
in this Permit, the Permit Holder agrees to pay when due, any taxes,
assessments or charges which may be levied at any time during the term of
this Permit by the KIB.
8. Use of Premises. The premises shall be used as a single-family
residence by the Permit Holder and no other purposes.
9. Hold Harmless. Permit Holder agrees to indemnify, save, and
hold KIB harmless from any liability for damage, injury, or death to any
person or persons, or for damage to property arising from the use,
possession, or occupancy of the premises by the Permit Holder, with the
defense of any such claim or action. Further, the KIB shall be held
harmless from any ownership disputes arising from issuance of this permit.
10. Assignment. Permit Holder shall not assign this Permit
without receiving the prior written permission of KIB.
11. Compliance with Laws. Permit Holder shall comply with all
laws, regulations or ordinances promulgated by a proper public authority.
The land described herein lies within the jurisdiction of an authorized
zoning and building authority and shall be utilized in accordance with the
rules, regulations and ordinances of such authority. Failure on the part of
the Permit Holder to comply with such rules, regulations, or ordinances
shall constitute a violation hereof and subject this Permit to termination.
12. Inspection. Permit Holder shall permit authorized agents and
employees of the KIB to enter upon the premises at any reasonable time for
the purpose of inspecting the condition of the premises or the use thereof.
13. Rights -of -Way The KIB reserves to itself rights -of -way as
follows:
a. The right to reasonable ingress or egress over and across the
premises for the purposes of constructing or maintaining any utility or road
right -of -way which the KIB is authorized to construct or maintain, and to
grant itself reasonable easements over and through the premises for these
purposes; and
b. The right to grant to others easements or right -of -way across
the premises if it is determined to be in the best interest of the KIB to do
so.
14. Minerals. Permit Holder shall acquire no interest whatsoever
in any deposits of stone or gravel valuable for extraction or utilization,
or any materials subject to Chapters 18.60 and 18.70 of the Borough Code as
amended or hereafter amended. Permit Holder shall not sell or remove or
attempt to sell or remove any stone, gravel, or any other material valuable
for building or commercial purposes.
15. Waste. Permit Holder shall not commit waste or injury to the
premises by removing stone, gravel, soil or other materials except as
authorized by the KIB in writing and only when necessary to the utilization
of the premises. Permit Holder shall not cause or permit any conditions
that will allow erosion of the topsoil nor otherwise commit waste or injury
to the premises. Permit Holder shall take all reasonable precaution to
prevent and suppress grass or brush fires on the premises.
16. Termination. This Permit may be terminated in whole or part
at any time upon the mutual written agreement by the parties hereto. KIB
may terminate this Permit if Permit Holder defaults in the performance of
any term, covenant, or stipulation of the Permit and if Permit Holder fails
or refuses to remedy such default within thirty (30) days after the service
of written notice by the KIB specifying the nature of the breach or default.
17. Non - Waiver. The failure by the KIB to insist upon strict
performance of any term, condition, or covenant of this Permit or to
exercise any right or remedy available on a breach thereof shall not
constitute a waiver of any applicable term, condition, or covenant of this
agreement. Waiver of performance of any term, condition, or covenant, or
any breach thereof shall be only by written instrument executed by the KIB.
A waiver of any default shall not affect or alter any term, condition, or
covenant of this Permit and those terms, conditions, or covenants shall
continue in full force and effect with respect to any other subsequent
default.
18. Remedies not Exclusive. Specific remedies provided in this
Permit relating to termination shall not be exclusive and the KIB may pursue
any remedy available at law for compensation of damages, with or without
terminating this Permit.
19. No Joint Venture. Neither the terms, provisions, or
conditions of this Permit shall be construed as creating or constituting the
Permit Holder as co- partner or joint venturer with the KIB, nor shall the
same be construed in any manner as making the KIB liable for the debts,
defaults, obligations, or lawsuits of the Permit Holder.
20. Costs of Enforcement. The parties hereto agree that costs and
expenses, including reasonable attorney fees, shall be paid by the non -
prevailing party to the prevailing party in enforcing any of the terms or
conditions of this Permit.
21. Modification. A modification of this Permit shall not be
binding upon either of the parties unless reduced to writing and signed by
both the KIB and the Permit Holder.
22. Notices. Any notice, demand, or delivery under this Permit
shall be in writing and shall be effective upon mailing by certified mail
with charges prepaid to the other party at the address stated below or to
such other address as either party may, from time to time, furnish in
writing to the other party:
Special Land Use Permit No. 83 -2
Page 2
KIB
Borough Manager
Kodiak island Borough
P.O. Box 1246
Kodiak, Alaska 99615
PERMIT HOLDER
Claude Travis
P.O. Box 440
Kodiak, Alaska 99615
23. Construction. This Permit shall be governed by and
constructed in accordance with the laws of the state of Alaska. Words of
gender used in this shall mean and include any other gender and singular
shall mean and include the plural and the plural the singular, where
applicable, and when the tense requires.
24.: Severability. If any clause or provision of this Permit is
determined by a court of competent jurisdiction to be invalid, it shall not
effect the validity of any other clause or provisions of this Permit.
AGREED TO THIS DAY OF
STATE OF ALASKA )
) ss.
THIRD JUDICIAL DISTRICT )
KODIAK ISLAND BOROUGH
BY:
, 1983.
Borough Manager
PERMIT HOLDER
BY:
THIS IS TO CERTIFY that on the day of , 198
before me, the undersigned Notary Public for the state of Alaska, duly
commissioned and sworn as such, personally came Philip C. Shealy, Manager of
the KODIAK ISLAND BOROUGH, and acknowledged that said instrument was signed
and sealed on behalf of the KODIAK ISLAND BOROUGH by proper authority
delegated and vested in himself, and acknowledged further said instrument to
be the free act and deed of said KODIAK ISLAND BOROUGH.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal
the day, month and year first above written.
Notary Public in and for Alaska
My Commission expires:
STATE OF ALASKA )
) ss.
THIRD JUDICIAL DISTRICT )
THIS IS TO CERTIFY that on this day of , 1983,
before me, the undersigned Notary Public, personally appeared Claude Travis,
known to me and to me known to be the individual described in and who
executed the foregoing instrument; he acknowledged to me that he signed the
same freely and voluntarily for the uses and purposes therein set forth.
WITNESS my hand and official seal.
Notary Public in and for Alaska
My Commission expires:
Special Land Use Permit No. 83 -2
Page 3
r•
November 18, 1983
Claude Travis
P. 0. Box 440.
Kodiak, Alaska 99615
Dear Mr. Travis:
Kodiak Islan,/ borough
P.O. BOX 1246
KODIAK, ALASKA 99615 -1246
PHONE (907) 486 -5736
Please be advised that the Kodiak Island Borough Assembly at their meeting on
November 9, 1983 considered your request regarding the $200 per month fee for
the special land use permit #83 -2. The Assembly instructed staff to advise
you that they felt the $200 per month payment was appropriate and if you are
interested in special land use permit #83 -2 you should sign the document and
return it to me in order that it.be executed along with your. payment.
If you have any further questions regarding this matter, kindly contact me
immediately.
Sincerely,
KODIAK2ISLAND BOROUGH
a,
Phil C. Shealy
Borough Manager
cm k
cc: /Linda Freed
KODIAK ISLAND BOROUGH
Telephones 486 -5736 - 486 -5737 — Box 1246
KODIAK, ALASKA 99615
October 28, 1983
Mr. Claude Travis
P.O. Box 440
Kodiak, AK 99615
Dear Mr. Travis:
As we discussed yesterday, the Kodiak Island Borough Assembly, at
their October 6, 1983 meeting, passed a resolution authorizing staff
to issue you a Special Land Use Permit for your residence located on
Borough land (Lot 1, Block 1, Chiniak Subdivision).
I understand you may wish to "appeal" the fee for this Special Land
Use Permit. You should be aware that the fee for the permit has
been set by ordinance. A formal change to Chapter 18.50 of the
Borougfi Code will be necessary in order to change the existing fee
requirement. If you have any questions about this procedure, please
contact either this department or the Borough clerk.
For your information, I have enclosed a draft copy of your Special
Land Use Permit and a copy of Chapter 18.50 of the Borough Code.
Sincerely,
Linda Freed
Director
Community Development Department
cc: Mickie Miller, Borough Clerk
Case 83 -132.
jig
Enclosures (2)
KODIAK ISLAND BOROUun
RESOLUTION NO. 83-122-R
A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY AUTHORIZING THE
1 ISSUANCE OF A SPECIAL LAND USE PERMIT.
• 11
11
WHEREAS, THE Kodiak Island Borough Assembly provided for Special
Land Use Permits for those instances where private residences are located on
Borough land when it adopted Ordinance No. 83-49-0(A) on August 4, 1983; and
WHEREAS, Claude Travis submitted an application for a Special Land
1 Use Permit on September 23, 1983; and
WHEREAS, a single family residence is present on the property
11 involved which is being subdivided by the Borough for a future land sale.
NOW, THEREFORE, BE IT RESOLVED by the Borough Assembly that it
authorizes the issuance of a Special Land Use Permit to Claude Travis for
his residence located on Borough land on Lot 1, Block 1, Chiniak Sub-
division.
PASSED AND APPROVED THIS 6th DAY OF October
ATTEST:
BY: y •
Borough
KODIAK IS D BOROUGH
BY:
1983.
orough Mayor
KODIAK ISLAND BOROUGH
M E M O R A N D U M
DATE: September 23, 1983 Z,
TO: Phil C. Shealy, Borough Manager
FROM: Community Development Office
SUBJ: Information for Assembly's October 6, 1983 Meeting.
RE: Resolution Authorizing the Issuance of a Special Land
Use Permit.
In accordance with Section 18.50.030 of Borough Code, as
provided by Ordinance No. 83- 49 -0(A) adopted on August 4,
1983, Claude Travis has applied for a Special Land Use
Permit for a single family home located on Borough -owned
land on'Lot 1,_Block 1, Chiniak Subdivision.
The ordinance establishing the permit requires submission
of each application to the Assembly and a. resolution autho-
rizing permit issuance by staff.
A copy of Mr. Travis's application, a copy of the ordinance
involved, a proposed resolution, and a location map are
attached.
Linda Fri
Director
Community Development Office
cc: Mr. Claude Travis
Case 83 -132
K -845
KODIAK ISLAND BOROUGH
Post Office Box 1246
Kodiak, Alaska 99615
CASE NO. 393-13c2.,_
SPECIAL LAND USE PERMIT APPLICATION
NAME: Claude Travis
ADDRESS: P.O. Box 440, Kodiak, AK 99615
TELEPHONE NUMBER: None
I hereby apply for a Special Land Use Permit on property described
as Lot 1, Block 1, Chiniak Subdivision.
agree to abide by the provisions of Section 18.50.030 of Borough
Code, as stated on the reverse side of this application, and all
conditions attached to the permit and hereby certify that I am
the legal owner of the structures located on the land described.
1
/741,L.A.fc'n
September 23, 1983
Signature Date
APPLICATION ACCEPTED BY:
September 23, 1983
k Island Borough Date
KODIAK ISLAND BOROUGH
ORDINANCE NO-83-49-0(A)
AN ORDINANCE OF THE KODIAK ISLAND BOROUGH ASSEMBLY AMENDING
'CHAPTER 18.50 OF BOROUGH CODE TO INCLUDE REMOTE CABIN AND SPECIAL LAND USE
PERMITS.
The Kodiak Island Borough Assembly Hereby Ordains:
SECTION 1: That Chapter 18.50, Permits, is amended to include Section
18.50.030, as follows:
18.50.030 Special Land Use Permits. The Assembly may approve, by
resolution, special land use permits for those instances xmere privately owned
residences are located on Borough land. Special land use permits shall be
considered- on a case by case boiis. The fullmWng tams and conditions shall
I.apP/Y:
' A. Application. Application for a special land use permit
shall be made on a form provided by the Community Development Department.
8. Fee, The fee for a special land use permit is 5200,00
!;per month.
/| C. Special land use permits shall be issued for a
one (1) year term which -�-- be renewable. A permit shall automatically expire
| nn the date of a land:sule involving the land occupied.
U. Assignment. Special land use permits shall not be
'iussignable without the prior written permission of the Borough.
E. Residence. A residential structure must be present on
!ithe land involved which is occupied by the person or persons requesting the
special land use pennit. No construction of new buildings shall be permitted.
No permit shall be issued for vacant land.
SECTION 2: This ordinance shall be in full force and effect upon passage and
.adoption.
ATTEST:` \)'/
;«
i Boroug C e '
FIRST READING DATE: July 7, 1983 (A)
DAY OF August
, 1983.
|
SECOND READING: August 4, 1983
PUBLIC HEARING DATE August 4, 1983
EFFECTIVE DATE: August 4, 1983
REQUESTED BY: Borough Assembly
PREPARED BY: Community Development Department
RECOMMENDATION: Planning Commission Recommends Approval
11;
KODIAK ISLAND BOROUGH
Telephones 486-5736 - 486-5737 —Box 1246
KODIAK, ALASKA 99615
September 15, 1983
Mr. and Mrs. Claude Travis
P.O. Box 440
Kodiak, AK 99615
Dear Mr. and Mrs. 'Travis;
Please be advised that the Borough Assembly recently passed an
ordinance providing for Special Land Use Permits for those
persons who find themselves with homes on Borough land.
Enclosed please find a Special Land Use Permit Application which
contains the ordinance mentioned on its reverse side. The
Borough requests your early submission of the application to my
office in order that your rights to be on the property can be
protected. This protection could be very valuable in the event
of future land sales.
If you have any questions on this matter, please do not hesitate
to contact me.
Sincerely,
1/eitezeit)
William Walton
Land Manager
jjg
Enclosure
KODIAK ISLAND BOROUGH
' Post Office Box 1246
Kodiak, Alaska 99615
CASE NO.
SPECIAL LAND USE PERMIT APPLICATION
NAME:
ADDRESS:.
TELEPHONE NUMBER:
I hereby apply or Special Land Use Permit on property described
as
agree to abide by the provisions of Section 18.50.030 of Borough
Code, as stated on the reverse side of this application, and all
conditions attached to the permit and hereby certify that I am
the legal owner of the structures, located on the land described.
Signature
APPLICATION ACCEPTED BY:
Date
Kodiak Island Borough Date
%KODIAK ISLAND BOROUGH
RESOLUTION NO". 83-12i-R-
- -A RESOLUTION OF THE .KODIAK .ISLAND `BOROUGH ASSEMBLY AUTHORIZING THE,
UANCE.OF A SPECIAL LAND.US.E PERMIT.
WHEREAS, THE Kodiak Island Borough Assembly provided for Special
Land Use Permits for those instances where private - residences -"are located on
Borough land when it adopted.Ordinance No."83- 49 -0(A) on August 4, 1983; and
WHEREAS, Claude Travis submitted an application fora-Special Land.
Use,Permit "on•September 23, 1983.; and
WHEREAS, a single family residence is present on the property
involved which-is being subdivided by the Borough for a future land sale.
NOW, THEREFORE; BE IT RESOLVED by the Borough. Assembly that it
authorizes the• issuance of a Special Land Use Permit to- Claude Travis for
his, residence located on Borough land on Lot 1, Block 1, Chiniak'Sub-
d.ivision.
PASSED AND APPROVED THIS 6th DAY OF October ,198
KODIAK IS ,,;D BOROUGH
BY:
Borough "Clerk /.
Chapter 18.50
PERMITS
Sections:
( 1...50.010 -- 18.50.030
18.50.010 Generally.
18.50.030 Special land use permits.
18.50.010 Generally. A. A negotiated permit, easement,
or right -of -way is required for the. following uses and /or
occupancy of borough real property:
1. Roads
2. Trails;
3. Ditches; _
4. Communication and electrical lines;
5. Landfill -and disposal sites;
6. Pipelines of all types (sewer, water, petroleum,
etc. ;
7. Temporary use (not exceeding forty -five days);
8. Exploration work involving vehicle use of any
type_on the borough land.
B. Uses listed in subsections A(5), A(7) and A(8)
of this section, not increasing the value or utility of
borough land, shall be charged a fixed fee of two hundred
fifty dollars per site or application area.
• C. Uses listed in subsections A(1) through A(4) and
A(6) of this section, not directly increasing the value or
utility of borough land, shall be charged a fixed fee of
two hundred fifty dollars per year or the fair rental value
of the land taken which ever is greater.
D. Uses listed in subsection A of this section directly
increasing the value or utility of borough land may be
negotiated at a reduced rate. (Ord. 78 -7 -0 §2(part),'1978).
18.50.030 Special land use permits. The assembly may
approve, by resolution, special land use permits for those
instances where privately owned residences are located on
borough land. Special land use permits shall be considered
on a case by case basis. The following terms and conditions
shall apply:
A. Application. Application for a special land use
permit shall be made on a form provided by the community
development department.
B. Fee. The fee for a special land use permit is two
hundred dollars.per month.
C. Term. Special land use permits shall be .issued for
a one -year term which may be renewable. A permit shall
automatically expire on the date of a land sale involving
the land occupied.
159 (Kodiak Island
Borough 9/83)
18.50.030
D. Assignment. Special land use permits shall not be
assignable without the prior written permission of the borough.
E. Residence. A residential structure must be present
on the land involved which is occupied by the person or persons
requesting the special land use permit. No construction of
new buildings shall be permitted. No permit shall be issued
for vacant land. (Ord. 83- 49- 0(A). §1, 1983).
Sections:
18.60.010
18.60.020
18.60.040
18.60.050
18.60:060
18.60.070
Chapter 18.60
MATERIAL SALES
Materials available.
Additional application information.
Volume determination.
Method of payment.
Appraisal.
Performance bond.
159 -1
(Kodiak_Island
Borough 9/83)