The Kodiak Island Borough Assembly denied the rezoning of the vacant lot located at 110 Bancroft Dr. from residential to business. It was revealed at a previous meeting the current owner of the property, James Cole, held a signed statutory warranty deed but had not filed it with the State of Alaska.
That means the state doesn’t recognize him as the owner of the land. The borough’s records also don’t list Cole as the owner of the parcel of land. Assemblyman Matthew Van Dael asked borough manager Michael Powers what the status of Cole’s ownership was. Powers said he had spoken with Cole recently.
“A warranty deed was signed, but has not been recorded, and that they are unable to find the original document.”
Assemblywoman Rebecca Skinner said she didn’t understand how the rezoning request of 110 Bancroft Dr. had made it all the way to the assembly if the parcel’s ownership was in question.
“I guess it’s not clear to me how it made it to this point because it should have been caught sooner.”
Sara Mason, the borough’s community development director, stood up and explained the situation. She clarified the borough’s planning and zoning commission had not just passed along the rezoning request while knowing about the ownership problem.
“P&Z was unaware when they were reviewing this of the ownership issue. I have to be frank I was unaware of the ownership issue. It was a gross error on staff’s part.”
The assembly voted unanimously to deny the rezoning. Assemblyman Van Dael made a motion to refund the application fee and waive the normal 12 month waiting period to reapply for a rezone. The assembly passed the motion 6-1. Assemblyman Larry LeDoux voted against it.