LARSEN BAY TR A BK 3 LT 1A - ZCP 8/3/2026Kodiok lslond Boroughol r.Al Com m unity Devetolme nt De po rtm e nt
710 Mill Bay Road
Kodiak, Alaska 99615
Phone (907) 48&9363 tax (907) 485-9396
www.kodiakak.us
Certificote of Zoning
This certaficate is issued in accordance with the requirements of chapter 17.185 of the Kodiak
lsland Eorough Code and certifies that on the date of issuance the property described below is
located ln a B-Buslness zoning district.
Proportv De3crlotlon
PID: 20049
Lot: 1A
Block: 3
Tract: A
Subdivision: LarsenBay
Pr Owner
Name: Uyak Bay LLC.
Address: PO Box 128
Clt% State, ZIP: Larsen Bay, AK 99524
lssued By:
A;t
Eri elty, Director
Community Development Department
Date of lssuance: March 16 2021
Kodiak lsland Borough
Community Development Department
710 Mill Bay Rd. Rm 205
Kodiak AK 99615
Ph. (907) 486 - 9363 Fax (907) 486 - 9396
http://www.kodiakak-u s
Print torm Submit by Email
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20449
Pefmit [\9. azzozr-oao
Property Owner / Applicant
Mailing Address:
Phone Number:
Other Contact email, etc.:
Legal Description:
The following information is to be supplied by the Applicant
Uyak Bay LLC - Bruce Kososki
PO Box 128, Larsen Bay, AK 99624
160-702-1667
Agent: Chad Elmer - chad@kodiaklegendslodge.com
Subdv: Larsen Bay, Tract A Block:3 Lot:1A
Street Address NHN Larsen Bay
Use & Size of Existing Structures:
CommercialLodge and associated outbuildings. Lodge - 5000 sf, conex - 320 sf, quonset - 600 sf, fish house - I 50 sf
Oescription of Proposed Action:
After-the-fact zoning compliance permit to meet rezone requirements (Ordinance FY20l8-06)
Site Plan lo ircrude.' Lot boundo es ond exitting eosements, existing buildings, proposed locotion ol new conttruction, occess points,
ond vehiculor potking oteos.
Staff Compliance Review:CurrentZoning: Business KtBC 17.90 PROP lD 20049
Lot Area 45 acres Lot Width Not Applicable gld'g Height: l5'
Front Yard: Not Applicable Rear Yard: Not Applicable Side Yard Not Applicable
Prk'g Plan Rvw? n/a f of Req'd Spaces
Staff Compliance Review Notes and Specific Plat / Subdivision Requirements
Subd Case Plat No Bld'g Permit No.
Zoning Compliance Permit
Does the proied involve
an EPA defined facility? Ir / A
'conmerciol buitdinqs, ins?ollotions (mititory boi.,t),
institutions (tchoolt, hotpholt) ond rcsid.nces whh
morc thon lout (1) dw.llinq units.
Proof of EPA notification provided (if required)?
'Requlr.dlor oll d.molitions,lot renovo?ions dltauftint ot leott 7A) tquot
h.l, 260 tineor l.ct, or 35 cubiE ,eer ol Regulot.d asbestos Cotltoining Mote ol (RACM), ond
lor cnovotlons thot ramovc o led-tupportlng tlructuftl mahbat.
t{o oermit will be issu€d for such oroiects without oroof of EPA notification
Driveway
Permit?
Septic Plan
Approval:
Fire
Marshall:
Applicant Certification: t hereby certity thot t will complywith the provisionsolthe Kodioktsldnd Botough Code ondthot I
hove the oulhotily to certify this as the property owner, or os o represenlotive of the properly owneL I ogree to hove identitiobte
corner morkers in place lot veificotion ofbuilding setbock(yotd) requitements.
Attachments? Site Plan List Other:Easement
Date: Mar 9, 2021 Signature: Chad Elmer
This permit is only for the prcposed prcject as desoibed by the opplicont. lf there ore ony chonges to the
proposed prcject, including its intended use, priot to or duing its siting, construdion, ot oPerution, contact
this office immediately to determine if furthet rcview ond opproval of the revised project is necessary.
THIS FORM DOES NOT AUTHORIZE CONSTRUCTIONWHEN ABUILDING PERMIT IS REQUIRED.
,, EXPTRATTON; Any zoning comptiance pemit issued is subiect to the some axpitotion, suspension, ond rcvocotion provisions as o
building permia issuedfotthe some construction permit.r'
CDD Staff Certif i(ation
t.Date: Mar 9,2021 CDD Staff:
Payment Velification Zoning Compliance Permit Fee Payable in Cashier's Office Room # I04 - lv'lain floor of Eorough Building
Not Applicable
Less than 1.75 acres
1.76 to 5.00 acres:
5.01 to 40.00 acres:
40,01 acres or more
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tr 560.00
C seo.oo
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After-the Fact 2x the published amount
oY
POWER OF ATTORNEY
The undersisned:
Bruce Alan Kososki, holder of U.S. Passport Number 711844352 issued on 25 August 2015;
Hereby eDDoints:
Chad Michacl Elmer, holder of U.S, Passport Number 566381335 issued on September
12th,2018, to be his true and lawful representative u,ith full authority to sign any and all
documents as required by the State of Alaska and the Kodiak lsland Borough. This power of
attorney covers both my personal and business holdings (Tian Shan Holdings LLC and Uyak
Bay LLC) in the state of Alaska. This porver of Attorney shall remain in effect for six months
from the date of my signature noted below.
The undersigned also hereby covenants and agrees to indemnify and to hold harmless Chad
Michael Elmer from and against any liability Chad might incur for any steps taken in
connection with this Porver of Attornev.
SIGI\IED December lziln, 2020.
A-
By: Bruce Alan Kososki
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112712021 1'l:13 AM Pages: 1 of 4
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COVER SHEET
DRIVEWAY AND UTILITY EASEMENT
Grantor(s): City of Larsen Bay whose address is: P.O. Box 8 Larsen Bay, Alaska
99624
Owner: "A" street Right of Way, Larsen Bay Tract A according to Plat
Number 1969-3 and 2010-19, records of the Kodiak Recording District, Third
Judicial District, State of Alaska.
Grantee(s): Uyak Bay, LLC whose addross is: P.O. Box 128 Larsen Bay, Alaska
99624
Owner: Lot 1A Block 3 Larsen Bay Tract A according to Plat Number 2010-
19, records of the Kodiak Recording District, Third Judicial District, State of
Alaska.
After recordino. please return to:
City of Larsen Bay
P.O. Box 8
Larsen Bay, AK 99624
eRecorded Document
Page 1 of 3
Temoorary Buildlno Encroachment Easement
The Granto(s): City of Larsen Bay whose address is: p.O. Box g Larsen Bay, Alaska
99624
GRANT, CONVEY and WARRANT to:
The Grantee(s): Uyak Bay, LLC whose addr€ss is: p.O. Box 129 Larsen Bay, Alaska
99624
A Temporary building encroachment easement for a portion of an existing slructure located
on lot 1A Bock 3 of Larsen Bay Tract A, also located on a porlion of "A" street right of way of
Larsen Bay Tract A, U.S. Survey 4872 according to plal 2010-.1 9, records of the Kodiak
Recording District. Third Judicial District, State of Alaska. More particularly described as
follows:
Beginning at the North East corner of Lot 2 Block 3 Larsen Bay Tract A of U.S. Survey
4872, common with the North West corner of Lot 1A Block 3, afore mentioned; Thence
N64"30'E along the southerly right of way of second street, also the north€rly boundary of
Lot 'lA Block 3, afore mentioned, a distance of 115.00 feet to a point; Thence S25.30,E a
distance of 73.00 feet to the true point of beginning of said easement; thence N64"30'E a
distance of 3.97 feet to a point; Thence S34.4S'46"E a distance of 37.49 feet to a point;
Thence S364"30'W a distance of '10.00 feet to a point: Thence N25"30,W a distance of
37.00' to the point of beginning of said easement, contraining an area of 2sg square feet
more or less. See attached exhibit.
Thls easement is temporary and shall expire when the life of the existing building, decks,
steps, or other improvements whlch are located on that portion of ,.A', street become of
disrepair, removed, burnod, damaged from an event, or otherwise deemed unsafe or
unusable.
This easement is non-perpetual and shall not run with the land.
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202',t -00017 4-0
Page 2 of 3
DATED:
Grantor:City of Larsen Bay
By: Bill Nglson
AS ITS: Mayor
STATE OF ALASKA)
THIRD JUDICIAL DISTRICT) ss.
onuis 2br''Lay ot6ttuAR'l , 2O2l , before me, the undersigned, a Notary
Public in and for said State, personally appeared Bill Nelson who is the Mayor OF Larsen
Bay City, personally known lo me (or proved to me on th6 basis of satisfactory evidence) to
be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on lhe inslrument the person(s), or the
entily upon behalf of which the person(s) acted, executed the instrument.
Witness hand a official seal
8AI:d1
JAN 2 6 202t
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Notary Public in and for the State of Alaska
My Commission Expires: 20 2 7
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lntroduced by: KIB Manager
Drafted by: P&Z Commission
lntroduced on: 08/03/2017
Public Hearing Date: 0811712017
Postponed: 05/03/2018
Adopted on:05/03/2018
KODIAK ISLAND BOROUGH
ORDINANCE NO. FY2O18.06
AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLANO BOROUGH REZONING
LOT 1A, BLOCK 3, TRACT A, LARSEN BAY SUBOIVISION FROM RI.SINGLE.FAMILY
RESTDENTTAL D|STR|CT TO B-BUS|NESS DtSTR|CT (p&Z CASE NO. 17-026)
WHEREAS, as a second class borough, the Kodiak lsland Borough exercises planning,
platting, and land use regulations on an area wide basis pursuant to Chapter 29.40 Alaska
Statutes; and
WHEREAS, in accordance with AS 29.40, the Kodiak lsland Borough adopted the 2008
Comprehensive Plan update on December 6, 2007 (Ordinance No. FY2008-10) to replace the
',l968 Comprehensive Plan; and
WHEREAS, the Kodiak lsland Borough has adopted KIBC Title 17 (Zoning) in accordance
with AS 29.40 to implement the Kodiak lsland Borough Comprehensive Plan; and
WHEREAS, KIBC 17.205.010 provides that "Whenever the public necessity, convenience,
general welfare or good zoning practice requires, the assembly may, by ordinance and afler
report thereon by the commission and public hearing as required by law, amend, supplement,
modify, repeal or otheMise change these regulations and the boundaries of the districts"; and
WHEREAS, the Planning and Zoning Commission received a request to rezone Lots 1A, 2, 3,
and 4. Block 3, Tract A, Larsen Bay Subdivision from R1-Single-Family Residential Districl to B-
Business District; and
WHEREAS, the aforementioned commercial lodge has been in operation on Lot 1A since
construction of the main lodge building in 1998 and, since 2009, has expanded onlo Lots 2, 3,
and 4; and
WHEREAS, on April 19, 2017. al an advertised public hearing cqnsislent wilh Kodiak lsland
Borough Code 17.205.040, the Planning and Zoning Commission considered the merits of the
rezone request; and
Kodiak lsland Borough, Alaska
Deletion - Red, Strikeout
lnsertion - Bold, Blue, Underlined
Ordinance No. FY2018-06
Page 1 of 3
Version 1
WHEREAS, the request was submitted in an effort to bring an existing nonconforming
commercial lodge operation into compliance with Title l7 (Zoning) of the Borough Code; and
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WHEREAS, after receiving public testimony in opposition of the proposed rezone, the
Planning and Zoning Commission voted to postpone the request to lhe June 21,2017 rcgulat
meeting to allow additional time for further public input; and
WHEREAS, at a June 21,2017 public hearing that was advertised to all property owners in
the City of Larsen Bay, the Planning and Zoning Commission further considered the merits of
the rezone request; and
WHEREAS, the Planning and Zoning Commission, in an effort to separately address the
longstanding commercial lodge use from the more recently expanded lodge use, voted to divide
the request by separating the proposed rezone for Lot 1A from Lots 2, 3, and 4; and
WHEREAS, the Planning and Zoning Commission voled to recommend to the Borough
Assembly that Lot 1A, Block 3, Tract A, Larsen Bay Subdivision be rezoned from Rl-Single-
Family Residential District to B-Business District, finding that the public necessity, convenience,
general welfare, and good zoning practice would be enhanced by such action; and
WHEREAS, the Planning and Zoning Commission voled to postpone the rezone request for
Lots 2, 3, and 4 to the April 19, 2018 regular meeting to allow sufficient time for further input by
the City of Larsen Bay and residents and to accommodate a review of the City of Larsen Bay
annex to the 2008 Comprehensive Plan; and
WHEREAS, at an advertised public haaring, consistent with Kodiak lsland Borough Code
17.2O5.C/,0, the Borough Assembly considered the merils of the rezone request as it applies to
Lot 1A, Block 3, Tract A, Larsen Bay Subdivision.
NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND
BOROUGH THAT:
Section 1: This ordinance is NOT of permanent nature and shall NOT become a part of the
Kodiak lsland Borough Code of Ordinances.
Section 2: Lot 14, Block 3, Tract A, Larsen Bay Subdivision are hereby rezoned from R1-
Single-Family Residential District to B-Business Oistrict.
Sec{lon 3: By this ordinance, the Borough Assembly adopts the following findings of fact in
support of their approval of this rezone.
The applicant desires to conlinue the use of an existing commercial lodge that has
operated on this R1-Single-Family Residenlial zoned lot for 19 years. Lodges are not a
permitted use in R1-Single-Family Residential zoning. Lodges are a permitted use in B-
Business zoning. Accordingly, the lot must be rezoned from R1-Single-Family
Residential District to B-Business District to allow the commercial lodge operation to
continue.
1
Kodiak lsland Borough, Alaska
Deletion - Red, Strikeout
lnsertion - Bold, Blue, Underlined
Ordinance No. FY2018-06
Page 2 of 3
Version 1
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2. The lot is situated within a mixed zoning area that includes R1-Single-Family
Residential, B-Business, and C-Conservation zoning and uses. The rezone is consistent
with that mixed zoning.
3. The lot has adequately accommodated the existing lodge buildings and use for several
years and appears to be suitable for such use. The lot is also of sufficient area to
accommodate a variety of other uses that are allowed in B-Business zoning.
5. The Planning and Zoning Commission recommends that the Borough Assembly approve
this rezone.
ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLANO BOROUGH
THIS THIRD DAY OF MAY, 2018.
KODIAK ISLAND BOROUGH ATTEST:
Daniel A. Rohrer, Mayor Nova M. Javier, MMC,rk
VOTES:
Ayes: Smiley, Crow, Kavanaugh, and Schroeder
Noes: Skinner, Symmons, and Van Daele
Kodiak lsland Borough, Alaska
Deletion - Red, Strikeout
lnsertion - Bold, Blue, Underlined
Ordinance No. FY201 8-06
Page 3 of 3
Version 1
4. The rezone is consistent with the Mixed CommercialMaterfronUResidential
Comprehensive Plan Future Land Use Designation assigned to the lot (Case No. 17-
025). The rezone is also consistent with, and will further implement, various land use
and economic goals, policies, and implementation actions identified ln the adopted
Comprehensive Plan.
EffectSve Date: This ordinance shall become effective upon the provision of a cunent as-built
survey and issuance of zoning compliance for all existing structures and established uses on
the subject parcel. Should the as-built survey and zoning compliance requirement not be met
within 36 months of Assembly approval, this approval shall become null and void
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