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BELLS FLATS TR A BK 4 LT 3 - Code EnforcementKodiak Island Borough 710 MILL BAY ROAD KODIAK, ALASKA 99615 -6398 CERTIFIED NAIL RETURN RECEIPT REQUESTED one/ R� --' • ^� �O such 00/ 4917.4471 4917.4 a 7 1O r"'S en�P1� ► . Kodiak Livestock • P.O. Box 273 L G• S "13 Kodiak, AK 99615 Cooperative NAME 1st Notic� a ,9 2nd Nat' E 14 1 . Z 5 1993 Kodiak Island Borougl Post-it® Fax Note ,.. - 7671 Date q/3 is p4ta g' fe s "° I lb —Thro Froml5,-. AL, 7/ 11"0 ./1 fer ew,se..-, Co./Dept. Co. < 1 6 Phone # Phone # It g6 13 ‘ i Fax # Lt 0 "" 5 LtS0 Fax # MEMORANDUM TO: Trooper Hansen, AST FROM: Tom Bouillion, Kodiak Island Borough /63 DATE: July 31. 1995 RE: Dick Ryser/Pacific Recycling I have researched the history of Dick Ryser/Pacific Recycling as you requested in our telephone conversation of July 27th. However, little of the material in our files refers to Ryser directly. Pacific Recycling, located at 346 Sargent Creek Rd., is part of the larger tract of land owned by the Kodiak Livestock Cooperative, Inc. The cooperative was started in the early seventies for the purposes of meat processing and agricultural research. Over the years, the uses have expanded to include the junk and scrap salvage storage and processing that is most visible today. Although not related to the original purpose of the cooperative, junk and scrap salvage are an allowed use for the industrial zoning district. Each of the original cooperative members has informally divided up the original tract into areas in which they basically do whatever they want, including subletting property to other individuals. In this way, Ryser apparently leased property from Charles Dorman or possibly Omar Strathman. According to field notes dated 4/18/95, Ryser started Pacific Recycling in early April of 1994. Over the years, there have been numerous zoning violations on the cooperative property as a whole, most relating to illegal trailer accommodations. As industrial zoned property, only one "watchman's" dwelling is allowed for the entire tract of land. In September of 1994 I received a complaint from Dale Stratton, a competitor of Ryser's, that Ryser was sleeping and living in the trailer which serves as Pacific Recycling's office. Soon afterwards, I warned Ryser in person that he could not live in the trailer and if I received any further complaints, I would refer the matter to the Borough attorney. I have received no further complaints since that time. Unfortunately, I can find no further information in our office regarding Dick Ryser or Pacific Recycling at this time. If you have any additional questions, please feel free to contact me at 486-9361. P 9513 424'385 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) Sot to De.-4.1/4- El E1-i?kMbretrOr Street and No. tSaDtflK.I- WE:SI- c - P.O., State and ZIP Code ate, Ktz,Na ak S 11otS' Postage Certified Fee t'• Special Delivery Fee ' a Restricted Delivery Fee Return Receipt showing to whom and Date Delivered Return Receipt showing to whom. Date, and Address of Delivery TOTAL Postage and Fees S Postmark or Date \a1 I Kodiak Island Borough CERTIFIED MAIL RETURN RECEIPT # P 950 424 385 Dewitt Fields, President Kodiak Livestock Co-op Box 25 Kodiak, AK 99615 710 MILL BAY ROAD KODIAK, ALASKA 99615-6340 PHONE (907) 486-5736 Re: Lot 3, Block 4, Tract A, Bells Flats Subdivision Kodiak Livestock Co-op Dear Mr. Fields: December 23, 1993 FILE COPY Thank you for your reply to the notification of zoning violation letter mailed from this office to the Kodiak Livestock Co-op on December 9, 1993 concerning an illegal dwelling unit on the property referenced above. I will attempt to answer your questions in the order you presented them. The complaints and comments that were referenced in my letter of December 9 have specifically related to the junkyard/scrap salvage use of property. One, an anonymous call, alleged that a man who had previously been detained under the State anti- stalking statute, was living in one of the many trailers on that leased portion of the property, The individual who was the object of his stalking activity, meanwhile, lived not far away in the Bells Flats community and was worried. The other comments and inquiries I was referring to involved the unsightly, apparently expanding junkyard use of the property. Most were registered after a number of Atco trailer units were dragged onto the property last year, giving the operation .a higher profile. None of these comments or stated concerns took the form of a written complaint. One, as I recall, originated with the Woman's Bay Community Council and was expressed by a couple of Council members. Another was a comment last summer that it was beginning to look like Smokey's Junkyard, which had about a 30-year head start. Others were comments from residents living up the road who simply drive by the Livestock Co-op property daily and have noticed the junkyard/scrap salvage operation taking on increasing proportions. None of these were accepted as written complaints because, as staff explained in all instances, the scrap salvage/junkyard use of this property, zoned I-Industrial, is not a zoning violation. I never even attempted to convince anyone that the haphazard accumulation of old trailers, junk vehicles, equipment parts and scrap salvage was not unsightly. Questions as to how this use was related to livestock and agriculture were referred to the Borough Resource Management Officer. The second point you raised concerned the location and occupancy of the mobile home owned by you on the Bells Flats Road side of the property. Since you have "(/ 4q ,6ee4i c Page 1 of 2 ‘?n,, elected to designate the apartment in the slaughterhouse as the one permitted watchman/caretaker dwelling unit, this mobile home is an illegal dwelling and must be vacated. Kodiak Island Borough The Kodiak Island Borough Zoning Enforcement Procedure adopted by the Assembly as Resolution No. 91-21 establishes under Section 3.B a thirty (30) day compliance deadline. It does allow for a sixty (60) day compliance deadline, at staffs discretion, in cases involving displacement of occupants. Sixty days from the original date of notification would be February 8, 1994, but it does not seem unreasonable to extend that, given the circumstances, until the end of February. That is probably the extent of%4t&f,eftcrAcr'elioKifi3Jthis matter. A request for a longer extension for the occupancy woifilkria.yl tot0)04141 as a formal appeal and granted directly by the Planning and 4, Zoningtomnligsilih. This extension applies only to the current occupants. If the trailer is vacated by the Froehlichs, it is not permitted to be reoccupied. Therefore the extended deadline to discontinue occupancy of the trailer is February 28, 1994. Continued occupancy of the mobile home after that date will require further enforcement potentially leading to legal action. It is unfortunate that this may involve inconvenience to the occupants at a particularly inopportune time with the birth of the baby, however that should be viewed as a direct result of the illegal rental of the trailer, not the enforcement action. The February 28 deadline applies only to the discontinuation of occupancy of the trailer, not to removal of the trailer from the property. Storage of an unoccupied trailer is permitted on property zoned I-Industrial. If the mobile home is to remain stored indefinitely, it should be disconnected from the electrical meter base. Thank you for the opportunity to respond to your concerns in this matter. Your cooperation is appreciated. If you have any questions, please call me at 486-9361. Sincerely, de/ Bob Scholze, Associate Planner-Enforcement Community Development Department cc: Jerome. Selby,_ Borough- Mayor ,i-Linca Freed, Community Development Department Director 'Planning arid-Zoning _ - Bud Cassidy, Borough Resource Management Officer Omar Stratman, Co-op Member Charles Dorman, Co-op Member William and Kathy Burton, Co-op Members Dave and Bonnie Froehlich, Occupant of Mobile Home Eddie Raxter, Occupant of Slaughterhouse Apartment Dale Stratton, Kodiak Crane/Can't Get Enough Hauling Joel Bolger, Borough Attorney Womens Bay Community Council Page 2 of 2. Bob Scholze Kodiak Island Borough Community Development Dept. 710 Mill Bay Road Kodiak, AK 99615 Dear Mr. Scholze: Box 25 Kodiak, AK 99615 DIR��r O W N DEC 1 71994 COMMUNITY DEVELOPMENT DEPARTMENT In reply to your letter of December 9, 1993, I am addressing some of the questions in your correspondence. You stated you have several complaints from residents about the activity as related the Kodiak Livestock Co -op. Under the Freedom of Information Act we would like to know who these people are. As President of the Co -op I realize the responsibility for all the actions of our organization rests on my shoulders. The trailer now being rented to Dave Froehlich belongs to me which I bought from Kathy Burton in 1992. I understand its location is now in violation of Borough code. I am requesting permission from the Borough Assembly to leave the trailer in its present location until June 15, 1994. for the following reasons: 1. Mrs. Froehlich is pregnant and expecting delivery soon. 2. I do not have a place to put the trailer. 3. It takes time to find a place and put in water and sewer that will be approved by the Borough. 4. It is the worst time of the year to have to move a trailer and dig water, sewer, and septic tank holes. I would appreciate an answer to my request as soon as possible. In the matter of Dale Stratton living on the ground that he is leasing from Omar Stratman, I don't know anything about his - permits from the Borough, or what he is doing there. I have checked a number of times on the shacks, but so far I have not found anyone living there. We have discussed with Linda Freed and Bud Cassidy concerning the rezoning of all the property. Mr. Cassidy suggested that we meet sometime in late January to accomplish this. At that meeting we can discuss the problems of Kodiak Crane /Can't Get Enough Hauling. The apartment at the Kodiak Livestock Co -op building is designated as the residence of the watchman for the property, as it has been since the Co -op was built in 1971. ou truly, .2/KI" Pr P-105 558 493 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) Sent to ,t0 in te— Lite4i-rx.k. 6 '1' Street and N d-"73 P.O., State and Z ode Verrok l'.. q( 1 4) Postage Certified Fee Special 171i..(ery Fee Restricted,Delivery Fee , -Is Return Receipt showing to whom and Date Delivered Return Receipt showing to whom. Date, and Address of Delivery TOTAL Postage and Fees S Postmark or Date Kodiak Island Borough CERTIFIED MAIL RETURN RECEIPT *P105 558 493 Kodiak Livestock Cooperative P.O. Box 273 Kodiak, AK 99615 710 MILL BAY ROAD KODIAK, ALASKA 99615-6340 PHONE (907) 486-5736 Re: Lot 3, Block 4, Tract A, Bells Flats Subdivision Illegal Dwelling Dear Livestock Co-op Members: December 9, 1993 FILE COPY This letter follows up recent phone conversations with two members of the Livestock Co-op, as well as with occupants of both the apartment in the slaughterhouse and the mobile home on the Bells Flats Road side of the property, and confirms notification of all these parties involved that only one of these two dwelling units is permitted by Borough Code Section 17.24.010.K to be legally occupied on the I-Industrial zoned property referenced above. This is the third time since 1989 that the Livestock Co-op has received notification from this office concerning zoning violations related to trailers being illegally occupied on this property. The situation now is exactly the same as in June, 1989 when the Livestock Co-op was notified by certified mail that only "..one (1) dwelling unit for a watchman or caretaker can be permitted on Industrial (I) zoned property." In the interim between 1989 and now, a temporary exception was granted by the Planning and Zoning Commission on July 20, 1989 (Case 89-041) to permit a second dwelling unit to be occupied on the property. This exception, as clearly noted on the corresponding zoning compliance permit (BZ-90-066), expired on September 1, 1992. Since a zoning compliance permit had previously been issued in August of 1988 (B-88-106) for the mobile home to be occupied as the permitted caretaker/watchman dwelling unit, the exception granted for a second dwelling unit in 1989 was applied to the existing apartment in the slaughterhouse. Kodiak island Borough Kodiak Livestock Cooperative December 9, 1993 Page Two At this point, it is reasonable to allow the Livestock Co-op to decide which of these two dwelling units it prefers to be designated as the permitted watchman/caretaker unit, however only one is permitted to continue to be occupied. The double occupancy has constituted a zoning violation for the past fifteen (15) months. Co-op member Dewitt Fields, who apparently now owl's the mobile home, informed me that he did not know the mobile home could not continue to be occupied, or he would have never purchased it. Co-op member Kathy Burton, who owned the mobile home previously, told me she informed Mr. Fields prior to selling him the mobile home that it could be occupied only until the exception expired in September of 1992. I cannot account for these discrepancies and/or misunderstandings. But I can attempt, once again, to make clear that it is still a violation of Borough zoning ordinances to have more than the one permitted caretaker dwelling unit occupied on the property. Once again, the contention that the property has been subdivided, and therefore can accommodate more that a single caretaker unit, has been advanced. However convenient it may be to make this claim, it is not true. While Co-op members may have unofficially subdivided the property among themselves to pursue their own individual commercial interests, the request for preliminary approval of the subdivision of the property was denied by the Planning and Zoning Commission on August 17, 1989. Also related to bringing the property into zoning compliance, it was observed during the recent site visits that the conditions on the zoning compliance permits (BZ-90-025 & BZ-91-026) issued for the scrap salvage/junkyard use by Kodiak Crane/Can't Get Enough Hauling, Co. on a leased portion of the property have not been met. BZ-90-025 was issued for the use of a warehouse for vehicle salvage and repair which "..may involve temporary storage of junk vehicles but all usable parts will be removed and stored inside and hulks will regularly go to Smokey's junkyard.." That leased portion of the property is now littered with junk vehicles and trailers, along with other large scrap items, and has become Kodiak island Borough Kodiak Livestock Cooperative December 9, 1993 Page Three the source of several complaints about the eyesore and inquires about how this activity is related to agriculture and livestock. BZ-91-026 was issued to attach a skid shack and a trailer together to create an office for the business "..not to be used as a sleeping room. .no kitchen permitted.." Even after two and a • half years, the trailer and skid shack are not attached, and complaints have been received that the unattached trailer is used, at least on occasion, as a sleeping room. As I have informed the concerned individuals in the phone conversations, either the apartment in the slaughterhouse or the mobile home on Bells Flats Road is required to be vacated. A deadline must be established by administrative decision to bring your property into compliance. This is done in the interest of following standard procedure, and to give you the opportunity to appeal the determination and/or the deadline should you wish. Therefore, failure to vacate either the slaughterhouse apartment or the mobile home within thirty (30) days (by January 8, 1994) will require that the file be forwarded to the Borough Attorney for further enforcement action. This decision is final unless appealed to the Planning and Zoning Commission within ten (10) days of receipt of this letter. If you disagree with the determination, or wish to propose some other remedy or compliance schedule, it is essential that you appeal this decision within ten days. An appeal is commenced by filing with this office a written notice of appeal, specifically stating the reasons for the appeal and the relief sought. An appeal under Section 17.68.020.B of the Borough Code may be brought by any person aggrieved by this decision. Failure to comply with the terms of this decision or to appeal the decision subjects you to the penalties of Section 17.75.030 of the Borough Code, which states in part: "A person who violates any provision of this Title, or order issued under 17.75.010.A...is guilty of a misdemeanor and upon conviction is punishable by a fine of not more that three hundred dollars ($300). Each act or condition violating this title, and order issued under 17.75.010.A.. and Kodiak island Borough Kodiak Livestock Cooperative December 9, 1993 Page Four each day during which the act or condition exists...shall be a separate and distinct violation." Your cooperation in complying with these code requirements will be appreciated. If you have any questions, please call me at 486 - 9361. Sincerely, Bob Scholze, Associate Planner- Enforcement Community Development Department cc: Jerome Selby, Borough Mayor Linda Freed, Community Development Department Director Planning and Zoning Commission Bud Cassidy, Borough Resource Management Officer Omar Stratman, Co -op Member Dewitt Fields, Co -op Member Charles Dorman, Co -op Member William and Kathy Burton, Co -op Members Bonnie Froelich, Occupant of Mobile Home Eddie Raxter, Occupant of Slaughterhouse Apartment Dale Stratton, Kodiak Crane /Can't Get Enough Hauling Joel Bolger, Borough Attorney Pat Carlson, Borough Assessor C?Omrw s 9 Ali Cowl v►ittJJ r ry COvt KODIAK ISLAND BOROUGH MEMORANDUM TOi. File.' FROM:. Bob-Scholz Associate Planner CoMmUnity .Development Department DATE: RE: Dec.. 3, 1993 Lot 3, Block 4, Tract A, Bells Flats Subdivision Livestock Co-op (Occupancies) On Nov. 30 a site visit was made to the Co-op property to establish which units are occupied. No one home at either the slaughterhouse apartment or the mobile home on Bells Flats Rd. A notice was left on the door at both places asking, the occupants to call the office concerning occupancy. I also visited the junkyard on a leased portion of the property. Found extensive junk cars, trailers, and scrap Salvage. Trailer remains detached behind the "office" contrary to zoning permits specifications and despite notification made verbally about this requirement to the businessowner in October of 1993. Call Dec. 1 from Eddie Raxter (Box 8289, 487-2434) who occupies the apartment over the slaughterhouse. Said he has lived there for 18 months, originally under lease arrangement, and no one has ever said anything to him about the fact that it might have to be-vacated at some point. I told him that either the apartment or the mobile home would have to be vacated because the exception has expired. Call Dec. 3 from Bonnie Froelich (Box 173; 487-4569) who occupies the mobile home. She said they. have rented it from Dewitt Fields for 6 months and have never heard anything from Mr. , Fields'or from the Burtons, from whom they rentan area on the property for boarding their horses, that there was a time when the trailer would have to be vacated. I told her that the exception granted to permit a second occupancy on the property had expired in September of 1992 and therefore an illegal occupancy has been occurring on:the property for the past 15 months. I told her it wasn't entirely clear whether the Co-op members wantedthe caretaker unit to be the slaughterhouse apartment or the mobile home, but one would have to be vacate KODIAK ISLAND BOROUGH in order to bring the property into compliance. She seemed puzzled and a little frustrated why she hadn't been informed by the landlord of this i told her she would have resolve that with him, but that we had notified the Co-op more , that once in the past that only one dwelling unit was permitted. 1 added that there may have been some confusion . arising from the temporary exception allowing a 2nd unit ..for a couple ,-of :years. -. Dec. 3, 5 :00 p.m.: Spoke,with Dewitt Fields on the phone and : -told him that. I ,had .spoke, with, both occupants and informed them one unit would have to be vacated. He claimed he had checked with this office before he purchased the mobile home. from Burtons and was told that it could continue to be occupied, otherwise he wouldn't have bought it. I explained that, if he wanted to continue renting the mobile home, then the slaughterhouse apartment had to be vacated, but that the temporary exception had expired and only one occupancy was permitted. 1 reminded him that had received noticeto this effect in 1989. The claim was made again that the property had . been subdivided, and I reminded, him again that it had not, eventhough Co-op members had apparently divided it °among themselves to pursue theirown, individual business interests.. He indicated that he' thought both occupancies should be allowed to continue-. I advised him to wait and read the administrative - decision forthcoming by certified mail setting a deadline for compliance, and then the Co -op could approach the P &Z- Commission with alternatives, but th4at we.td d not have administrative discretion to permit any. more that a single,dwelling unit on the property. /z9-7-75 ‘920 207,s6'0:Zn5 vi.L. 44 ij 41" Pk its fr t le a--.?ilk9, 7774 .(,z4 elf6-;1•' Afo7:17 .91 Kathy M. Bunton Box 1608 Kodiak, A .a4Fza 99615 " - '5 -c:3 Sa:) -a311-e_. Oaisul Esv �L c� ug-c -v c l&$ ri'D 9 111.,. El, \i, L, _ 171993 ftij �1iUNITY DEVELOPMENT DEPARTMENT 6,1e (> Cvvp " Lr" 3 y `7r:A -e1/3 te7 i 4-30. 73 KODIAK ISL 1\1O1),16,/q6 9n n5 r--6,/ 62te* 74?) 4e th t 4-6&z,e< eru cd-- • .1014 dezY1/ erark7ine. VAIVVIL, I 4 OZ-7511911e C f luxe si-a wave ateivz32,/ Occ uta./Li 5/-0 it-rielo)/(e b)2 tr A /c g& MS fiv6 fryem Ag--vte P. O. Box 273 Kodiak, AK 99615 October 29, 1990 Bob Schoize, Associate Planner-Enforcement Community Development Department 710 Mill Bay Road Kodiak, Alaska 99615-6340 Dear Mr. Scholze: We are replying to your letter of October 4. 1990, in regard to Lot 3,Block 4, Tract A, Bells Flats Subdivision. The trailer just beyond the Burton's trailer was al-lowed to be placed there by Tommy Gallagher without the knowledge or consent of other Co-op members. It is our understanding that the trailer is to be moved by the end of the month. The trailer next to the slaughterhouse belongs to the brother of our renter there, and is stored temporarily while he out hunting. They have been notified that it cannot remain there. Dale Stratton who has the trailer by the warehouse tells us that it is his office, and it is not used as a dwelling. He informs us that he has cleared this with your office. We are as anxious as you are to prevent unauthorized trailers from being moved onto our property. We wiil make every effort to prevent any further violations. Sincerely, Wands Fields, Secretary Kodiak Livestock Co-op RECFIVED ��1 �� v�~ �� COMMUNITY DEVELOPMENT DEPT 1 Kodiak Livestock Co-op P.O. Box 273 Kodiak, Alaska 99615 Kodiak Island Borough 710 MILL BAY ROAD KODIAK, ALASKA 99615-6340 PHONE (907) 486.5736 October 4, 1990 Re: Lot 3, Block 4, Tract A, Bells Flats Subdivision Illegal Dwelling Dear Co-op Members: This letter concerns, once again, the matter of illegal dwellings (ie. trailers) on the property referenced above owned by the Livestock Co-op. This property is zoned I-industrial. The Kodiak Island Borough Code specifically prohibits residential use of industrial property (KIBC 17.24.005.B). You have previously been informed of this. Currently two trailers, in addition to those permitted by exception or being stored, have reappeared on the property. One (a blue and white "Ideal") definitely is being occupied illegally and the occupant has agreed to remove the trailer by the end of the month. The other trailer, located interior on the property near the leased warehouse, has allegedly been being used as a dwelling. If it is, in fact, occupied, you, as cooperative property owners, are required to see that its use as a dwelling is discontinued. If it is not, when legal action ensues, it is the property owners, not the lessee, with whom the attorney will deal. Your continuing attention to this matter will be appreciated. S ere ob Scholze, Associate Planner-Enforcement Community Development Department cc: Jerome Selby, Mayor Linda Freed, Community Development Department Director Joel Bolger, Borough Attorney Tom Gallager Omar Stratman Dewitt Fields Charles Dorman William and Kathy Burton Complainant Kodiak Livestock Co-op P.O. Box 273 Kodiak, Alaska 99615 Kodiak Island Borough 710 MILL BAY ROAD KODIAK, ALASKA 99615.6340 PHONE (907) 486.5736 October 4, 1990 Re: Lot 3, Block 4, Tract A, Bells Flats Subdivision Illegal Dwelling Dear Co-op Members: This letter concerns, once again, the matter of illegal dwellings (ie. trailers) on the property referenced above owned by the Livestock Co-op. This property is zoned I-industrial. The Kodiak Island Borough Code specifically prohibits residential use of industrial property (KIBC 17.24.005.8). You have previously been informed of this. Currently two trailers, in addition to those permitted by exception or being stored, have reappeared on the property. One (a blue and white "Ideal") definitely is being occupied illegally and the occupant has agreed to remove the trailer by the end of • the month. The other trailer, located interior on the property near the leased warehouse, has allegedly been being used as a dwelling. If it is, in fact, occupied, you, as cooperative property owners, ' are required to see that its use as a dwelling is discontinued. If it is not, when legal action ensues, it is the property owners, not the lessee, with whom the attorney will deal. Your continuing attention to this matter will be appreciate Si. ere Y ob Scholze, Associate Planner-Enforcement Community Development Department cc: Jerome Selby, Mayor Linda Freed, Community Development Department Director A Joel Bolger, Borough Attorney Tom Gallager St2.- Omar Stratman Dewitt Fields Charles Dorman 1--'43-"- ts}9 William and Kathy Burton G-yrz> Complainant lq� �"Y CERTIFIED MAIL RETURN RECEIPT REQUESTED RECEIPT NO. P 467 839 965 Kodiak Livestock Coop P.O. Box 273 Kodiak, Ak, 99615 Kodiak Island Borough 710 MILL BAY ROAD KODIAK, ALASKA 99615-6340 PHONE (907) 486-5736 June. 28, 1989- Re: Lot 3, Block 4, Tr. A, Bells Flats Subdivision Illegal Dwellings Dear People: • ■■ This letter follows up conversations with two of the principal officers of the Kodiak Livestock Cooperative and is intended to make clear to all concerned that the Kodiak Island Borough Code specifically prohibits residential use Industrial (I) zoned property (KIBC 17.24.005.B). The property referenced above, owned by the Livestock Coop, is zoned Industrial. One (1) dwelling unit for a watchmen or caretaker can be permitted on Industrial zoned property (KIBC 17.24.010 K). A site inspection on June 14, 1989 revealed at least four trailers on the property currently being used as dwellings as well as an apartment above the slaughterhouse. Please be advised that this use of your property is a violation of Borough Code and must be discontinued within thirty (30) days (by July 28, 1989). Options that might possibly allow more than one dwelling would be to apply for, an exception, or to legally subdivide the property. An exception request is initiated by filling out the appropriate application form in the Community Development Department and paying the $50 fee. It is the understanding of the Community Development Department that initial inquiries have been made and a surveyor contacted to explore the subdivision of this property. If the property were legally subdivided and recorded, each lot zoned industrial would then technically be permitted to have a watchmen/caretaker dwelling unit. Lack of compliance by the above deadline may result in the matter being forwarded to the Borough Attorney for further enforcement. Your cooperation is appreciated. If you have any questions, please call me 486-5736, extension 254. Bob Schol e, Associate Planner-Enforcement Community Development Department cc. Jerome Selby, Borough Mayor Planning and Zoning Commission Joel Bolger, Borough Attorney Dewitt Fields Omar Stratman Charles Borman William and Kathy Burton Complainant' 6 .0) a P 467 839 965 , RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) Sent to Kodiak Livestock Coop Street and No. P. O. Box 273 p6i.ateka,nd Alk Code, i0.15 Postage S Certified Fee Special Delivery Fee Restricted Delivery Fee Return Receipt showing to whom and Date Delivered Return Receipt showing to whom. Date, and Address of Delivery TOTAL Postage and Fees S Postmark or Date 6/29/89 . UNITED STATES POSTAL SERVICE OFFICIAL BUSINESS SENDER INSTRUCTIONS Print your name. address and ZIP Code in the space below. • Complete items 1, 2, 3, and 4 on the reverse. • Attach to front of article If space permits, otherwise affix to back of article. • Endorse article "Return Rec Requested" adjacent to number. RETURN TO RECEIVED JUL! 0 1989 MUNITY DEVELOPMEN'i Print Sender name, Sdiess, and ZIP Code in the space below KODIAK JSLAND BOROUGH CDR 710 MILL BAY ROAR PENALTY FOR, PRIVATE USE, $300 KODIAK, AK 99645 • Iii CILLL bULt.31:1,..0J, MATTHEW C. WAL1 ( LL JOEL H. PoLucti• DiAtiNA FL GENTRY ALAN L. nermitrr ALASKA L3AR ALL °THEM', ADMITTED TO ALASKA BAR c:),1 -I • IJIJ . JAMIN, EHELL, BOLGER di GENTRY A Pa;re5$10,,,k., ATTORNEYS AT LAW up MST i-vENUE SOU r tr SUITE 520. MAT NAM:, 2,01.01149 sEATTLL. WASHINGTON SOI04 1-ACSImILE; EROS) 523•7E.2I rrt r.“1.14.,e .410..1041w Bud cassidy Kodiak Island Borough 710 Mill Bay Road Kodiak, Alaska 99615 REPLY TO SEATTLE OFFICE July 18, 1989 KODIAK OFFICE: 323 CAROLYN 5TREET PO BC)A 4aess • KOo1,04...ALASKA Er SeiS FAC.IMILL (807)4wo•gaii* 1CLEPNONE. (90714 05-G024 Re: Kodiak Livestock Cooperative Subdtvision Dear Bud: This letter is in response to your telephone question and telefaXed material concerning sUbdivision of property owned by Kodiak Livestock Cooperative, Inc. As 1 understand it the Kodiak Island Borough conveyed certain real property to Kodiak Livestock Cooperative, Inc. by a quit claim deed dated may 13, 1971. The property was reconveyed by a "confirmation deed" executed February 13, 1980. The confirmation deed included the following languege: To have And to hold ths above-deaoribed property on condition that a slaughterhouse end/or agricultural: research facility be maintained thereon and that the proceed; from any additional use of the property he used for the operation and maintenance of the slaughterhouse and/or agricultural research facility; and in the event that the property or proceeds from the use thereof are not used aseeforesaid, grantor and its successors and aSsigne may re-enter and repossess the premises, terminating vile eseate or tne grantee therein. Recently,the Community Development Department of the Kodiak Ieland Borough has been contaoted with respect to maintenance of four house trailers on the property currentlle being used as dwellings as well as an apartment above the slaughterhouse. Only one dwelling unit is 'allowed on each lot of industrial zoned, property. The Community Developmeat Department advised Kodiak Livestock Cooperative that they should conaider-subdividing the property in order to cure the violation. As 1 understand it, you wanted. advice on the effect that a subdivision would have on the Kodiak Livestock Cooperative obligation under the confirmation deed. LOLL( DUL.'jt_r.) 1j.. Bud Cassidy July 38, 1909 Pages a 11:.L .') I. -1 • J(, The confirmation deed creates two separate estates in the real property involved. The deed create J. Kodiak Livestock Cooperative a present estate called a fee simple nub;ject to a condition subsequent. The deed creates in the Kodiak Island 'Borough a future estate called a power of termination. age, gun13.inghaMeeee.t.. al. , P3;'21 11;:9 , sec. 2 .5, 3.5 (1984), The.. Borough's interest is a future estate whibh is not terminated by subdivision or •conveyanoe of the Kodiak Livestock Cooperative interest. The Kodiak Island Borough ie3 in a special pbsition however, as both an owner of the future interest it the property and as platting authority. A subsequent grantee of Kodiak Livestock Cooperative might choose to argue that the Borough had waived its interest in the property by approving ft sub iiv i n ien. In order to avoid any such argument, I would recommend that you insist upon a condition to be placied on the plat of any subdivision to provide as follows: This property is subject to a condition that a slaughterhouse and /or €griou:ltur al reeearch facility be maintained thereon and that the pr:oceede from any additional use of the property be cased for the Operation and nain4.onanA»4 ,wf >"rzea c1AtteptArhry+i,u stndinr agricultural research facility/ and in the event that the prAopert.y or proaeedfs from the use thereof are not used as aforesaid, the Kodiak Island Borough. may re- enter and repussees the premises. In addition' to the notOtion on the plat, r re ouuiiond that you should seriously consider the (0Th s eitte enforcement 6f the Borough's power, of termination if the property is conveyed. After the property is subdivided, ther:, wii1 be no .re ,tr.iction on transfer of the separate iota which are created, consequently, it is possible that you will be dealing with as many landowners as there are lots in the isubriiv'tul.on. The problems we have previously discussed with tho .ir.EVo tigra titan of non - slaughterhouse related use will be multiplied in proportion to the number of lots. If enforcement of the power of termination , in requited, then it will be necessary to bring a lawsuit against several parties rather than the Kodiak Livestook cooperative alone. If the properties are transferred by sale rather than by gift, a. serious legal question arincas as to how to treat the proceeds of the sale, i.e., out they be used for oluughterhouse related . purposes. A related issue .involves the forcible conflicts of inter tit. between theb n rl.ghboelnej 1 Anrinart,w.rra tr1 th 1 n the subdivision, because the use of each lot will effect the tenancy Bud Cassidy July 18, 1989 Page on the others. - In other wotAs, the Borout, h a►xmy in the future take the position that if the t laughtertxouse ceases operations, or if another neighboring landowner refuses to mse the profits of his reml estate for agt irul t6BZ•►`a or e1..M.ugkxl:qt hQms4y purposes, then the Borough may repossess al1 of the lots in the subdivision. In summary, T believe t h t the Borough's. • f' t:ure interest in, the rrntuarfy rlAn hiss lornf•ar+4 oet srt. *•:tn t+9 4ha fat op .rfi:y to i•: rata, so long its a - notati.on .of the Borough's interest is made on the plat of the subdivision. Ycu mhould take into .tccoUnti however, that it may be more difficult to enforce ti:,o Borough's interest after the tract has been subdivided. Feel free to contact me if you have any questions. Sincerely, JIUIIH, EBELL, WW ER & GENTRY noel. H. Polge Attorney JHB:as cc: Jerome Selby 4702 \27L.001 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT OFFICE VIOLATION COMPLAINT I wish to report an alleged violation of the Borough's regulations. I understand that if a violation exists and it is not remedied within ten (10) days of the receipt of a warning notice, a citation will be issued requiring a court appearance by the violator. LEGAL DESCRIPTION OF PROPERTY INVOLVED: LOTX BLOCK PROPERTY OWNER: NAM E eal9fili< //ifs. crt)4 ADDRESS 73 PROPERTY IS ZONED: p(A.60c. u5E SUBDIVISION 67Cas .USS # TELEPHONE # 3 (Signature s a TELEPHONE DATE % PERSON ACCEP ING COMPLAINT: DATE: /64,11.-c_ (Revised 8/83) ADDRESS: 0,1C etelkpl w emu nv peibe4e s:, TIME. UMBER XTENSION, CANIETOSEEYOU '.. WANTS It) SEE YOU' WILL CALL AGAIN'. SPECIAL' ATTENTION Date ''(O�3i'/ Tim 9 i' p:s' ,. WH I'Q_E YO,U WERE D U'iY'. NA , T ofi(� 525['/' Phase+ ' " 0 -- a(pO:GC' - Area•Code' : Number :`' - ,,_:Extension. ,-''' _TELEPHONED [ /PLEASE CALL CALLED-TO.'SEE:Y.OU - WILL CALL AGAIN WANTS TO SEE YOU URGENT `. �" RETURNEDYOURCALL I _ Operators - _ Ai) AMPAD ' 23 =000 50'SHT PAD . EFFICIENCY» 23.001 •250.SHT. DISPENSERBOX- ' 'Time c5'.:- a 'Ph1ne Number ge I TELEP ` ED t7 ! EAgE CALL , ANT•' YO ll$ NT RETURN OUR CALL 'sage -AMPAD EFFICIENCY@' 23=000 '50 SHT. PAb : •'- } ',23 -001 250 SHT. -DISPENSER .BOX j iIf jeo-iydt Celp (bec „Tv', ) le1(10-17d? 6-7f (\1\p,,Ir '' . t5-4 •4K ; OS, 0 •••••,..„ y •• .4.1 • . v • - , 4 ..,, • '' -1. f 1'. •',ie. "; ‘, ei . ' I.,' / I 1,.... V Ir il'i'l it - /1164M/I'i . "" t;f09*.s* • • 0,. , .- • 04 4