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AK TIDELAND SURVEYTRACTS N-25A, N-37A, N-38A - Code Enforcement• SENDER: Complete items 1, 2, 3 and 4. Put your address in the "RETURN TO" space on the reverse side. Failure to do this will prevent this card from being returned to you. The return receipt fee will provide you the name of the person delivered to and the date of delivery. For additional fees the following services are for fees and check boxes) address of delivery. available. Consult postmaster for service(s) requested. 1. ❑ Show to whom, date and 2. ❑ Restricted Delivery. 3. Article Addressed to: (4_,..J-.2,-A.,4, 4. Type of Service: ❑ Registered ❑ Insured ❑ Certified ❑ COD ❑ Express Mail Article Number PS40 ^(C1 `p G 0 3 Always obtain signature of addresseemagent and DATE DELIVERED. 1 5. Signature — •,• /t:= X ■ a 6. Signatur: — Agent X / 7. Date of Delivery � i 8. Addressee's Address (ONLY if requested and fee P ) 1 1 1 1 I * U.S.G.P.O. 1983.403.517 P 540 4.76, 603 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) Sent to /�� 0 Street and I e . ( 3 c 7 P.O.,S and IPCod Postage $ 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 • $ Postmark or Date Vign w.. i1• ;. '.;. T27S,RISW, SEI /4 Sec.32 Orthophotomap or KODIAK, ALASKA Date of photography: 8-27-1985 Prepared for: the City of Kodiak and the Kodiak Island Borough CerttrOded by. Hoy A. Ekland Prepared by: A1r Photo Tech, km. Sheet 40 of 50 — 3 ILL/0 ---.!" : .--04-61;--a 42-- .A-v--k0 /z.-k-,,,9 ,.---eilt— J ,....<2-isszt, TTrtJ diuLZ Alo 5 • L i e s . A , - " • - g - A . 1 r 1 2 JA A 1%)(/ ' -., Sam Gesko, City Manager City of Kodiak P. 0. Box 1397 Kodiak, Alaska 99615 Kodiak IslandBorough 710 MILL BAY ROAD KODIAK, ALASKA 99615 -6340 PHONE (907) 486-5736 May 7, 1987 Re: City owned property adjacent to T.T. Fuller boat yard Dear Sam: The purpose of this letter-is to confirm the 90 day extension granted the City to clean up the industrial debris on conservation zoned land adjacent to T.T. Fuller's boat yard. The new deadline for clean up is July 1, 1987. This letter also discusses the code violations and requests a resolution of the problem. It is understood that the zoning violation (industrial use of conservation zoned land KIBC 17.13.020) is caused by Mr. Fuller. Also, Mr. Fuller had a contract with Mr. Clark for removal of the .junk and the contract was terminated before the junk was removed. At this point we are not aware of any plan for the resolution of this violation. From our Department's perspective, this violation falls into several categories: one, storage of junk, truck bodies, scrap metal, etc., is not a permitted use in a district zoned conservation KIBC 17.13.020; two, it is unlawful to allow to remain in public view on any property not designated for that purpose for more than five days, KIBC 10.10.030; three, and the junk is litter 8.12. In addition to being a violation of the above provisions of the KIBC, the subject city owned land is in violation of the Kodiak City Code (KCC) as well. Specifically KCC 5.16.030(h) states in part "The placement upon public property not set aside by law as a refuse disposal site, ...of any wrecked, junked, or abandoned truck or automobile part or bodies thereof... constitutes a public nuisance..." and KCC 7.36.010 states "...that the bodies of motor vehicles...wholly or partially dismantled and allowed to lie on...public property...constitutes an attractive nuisance and danger to children, a sanitation hazard, and a public nuisance which should be abated and controlled." KCC 7.36.030 establishes thirty days as conclusive evidence of such violation. And finally KCC 7.36.040 states in part that "It shall be the duty of the owner...of...property...to keep their premises free from wholly or partially dismantled motor vehicle bodies...." Sam Gesko, City Manager May 7, 1987 Page 2 Based on both the Borough and City codes there is clearly a violation and clearly the Borough and City have authority and obligation to clear this area of junk and keep it that way. I will be happy to discuss the methods of resolving the problem with you and the City Council at any time, as long as the problem is resolved on or before July 1, 1987. Sincerely, KODIAK 1 LAND BOROUGH Gordon Gould Assistant Planner/Zoning Officer Community Development Department cc: Jerome M. Selby, Borough Mayor Complaintants gg:cp Sam Gesko, City Manager City of Kodiak P. 0. Box 1397 Kodiak, Alaska 99615 Kodiak Island Borough 710 MILL BAY ROAD KODIAK, ALASKA 99615-6340 PHONE (907) 486-5736 May 7, 1987 Re: City owned property adjacent to T.T. Fuller boat yard Dear Sam: The purpose of this letter is to confirm the 90 day extension granted the City to clean up the industrial debris on conservation zoned land adjacent to T.T. Fuller's boat yard. The new deadline for clean up is July 1, 1987. This letter also discusses the code violations and requests a resolution of the problem. It is understood that the zoning violation (industrial use of conservation zoned land KIBC 17.13.020) is caused by Mr. Fuller. Also, Mr. Fuller had a contract with Mr. Clark for removal of the junk and the contract was terminated before the junk was removed. At this point we are not aware of any plan for the resolution of this violation. From our Department's perspective, this violation falls into several categories: one, storage of junk, truck bodies, scrap metal, etc., is not a permitted use in a district zoned conservation KIBC 17.13.020; two, it is unlawful to allow junk to remain in public view on any property not designated for that purpose for more than five days, KIBC 10.10.030; three, and the junk is litter 8.12. In addition to being a violation of the above provisions of the KIBC, the subject city owned land is in violation of the Kodiak City Code (KCC) as well. Specifically KCC 5.16.030(h) states in part "The placement upon public property not set aside by law as a refuse disposal site, ...of any wrecked, junked, or abandoned truck or automobile part or bodies thereof... constitutes a public nuisance..." and KCC 7.36.010 states "...that the bodies of motor vehicles...wholly or partially dismantled and allowed to lie on...public property...constitutes an attractive nuisance and danger to children, a sanitation hazard, and a public nuisance which should be abated and controlled." KCC 7.36.030 establishes thirty days as conclusive evidence of such violation. And finally KCC 7.36.040 states in part that "It shall be the duty of the owner...of...property...to keep their premises free from wholly or partially dismantled motor vehicle bodies...." Sam Gesko, City Manager May 7, 1987 Page 2 Based on both the Borough and City codes there is clearly a violation and clearly the Borough and City have authority and obligation to clear this area of junk and keep it that way. I will be happy to discuss the methods of resolving the problem with you and the City Council at any time, as long as the problem is resolved on or before July 1, 1987. Sincerely, KODIAK I LAND BOROUGH Gordon Gould Assistant Planner /Zoning Officer Community Development Department cc: Jerome M. Selby, Borough Mayor Complaintants gg:cp {-• 5-L0.010-5.16.030 CHAPTER 5.16 JUNKYARDS* Section 5.16.010 Definitions 5.16.020 Certificate of location--required 5.16.030 Certificate of location--issuance conditions 5.16.010 Definitions. For the purpose of this chapter: (a) "Abandoned" as used in section 5.16.030(h), includes but is not limited to any automobile or truck or parts thereof which is: (1) Not licensed as a motor vehicle in accordance with the law of Alaska for the then current year; and (2) Cannot be operated as a motor vehicle because of mechanical fail- ure or defects. (b) "Junk" means any secondhand and used machinery, scrap iron, cop- per, lead, zinc, aluminum, or other metals; it also includes wrecked auto- mobiles, tools, implements, rags, used building materials, rubber, and pa- per. (c) "Junkyard" means a location where junk is gathered together and stored for a commercial, public, or private purpose within the boundaries of the city. (Ord. 321 (part), 1968: CCK §6.9.3) 5.16.020 Certificate of location--required. No person shall establish, operate, or maintain a commercial, private, or public junkyard without a certificate of location being first issued therefor by the council. (CCK §6.9.1) 5.16.030 Certificate of location--issuance conditions. The council shall, in considering applications for such certificate, take into account: (a) The nature and development of the surrounding property; (b) The need to protect the local economy, adjacent land owners, and the motoring public from economically depressing and unsightly roadside locations; (c) The proximity of the proposed junkyard to churches, schools, hos- pitals, public buildings, recreation areas, or other places of public gather- ing; (d) The sufficiency in number of other similar business establishments in the city; (e) The adequacy of fences and other types of enclosures proposed to prevent the unsightly display of any junkyard; For statutory proyisions regarding the regulation of junkyards and junk dealers, se "08.60. 5-08 (Kodiak 01/84) ••• ■•■ Gordon Gould Assistant Planner/Zoning Officer Community Development Department Kodiak Island Borough 710 Mill_Bay-Road Kodiak, Alaska 99615 Dear Gordon: ••• • • • • ■• : • • •• • HECEIVED APR B 1AW COMMUNITY DEVELOPMENT DEPT. On July 31, 1986, we had agreed to a Compliance Plan regard- ing the existence of apparent junk- materials on property owned by the •City adjacent to T.T. Fuller's property. Mr. Fuller had agreed to a long-term effort to remove the materi- als with monthly monitoring of his progress. Some effort was apparently made, largely because of Mr. •Al Clark, a scrap-dealer from Seward, who contracted with Mr. Fuller to remove the ,scrap. This relationship has now either deterio- rated or been dissolved, since no improvement in the situa- tion has occurred within the past two to three months. May I, therefore respectfully request an extension of the April 1, 1987 deadline we had agreed upon, by which this -situation would have been remedied. Specifically, I request a 60- to 90-day extension, during which we can approach both the City Council and Mr. Fullet to attempt further rebolu- tion of the problem. Please consider this request for extension. The City certainly does not condone the present situation and the negative appearance it presents. With our joint and cooperative assistance, I -still am optimistic that we can brighten and improve- a highly visible part of the Kodiak landscape. Very truly yours, CITY- OF KODIAK S EL C. GESKO; City Manager NEJ/nj POST OFFICE BOA 1397, KODIAK ALMA 99615 PHONE (907) 486-3994 •■• Alt f °Tr( `T•k X30- 11 • s•-36 o1s7 •tt- q•31.R1. (f) The health, safety, and general welfare of the public; (g) The suitablity of the applicant to establish, maintain, or operate such a business; (h) The placement upon public property not set aside by law as a ref- use disposal site, commercial, private or public junkyard, or upon any pri- vate property not specifically established, operating or maintained as a commercial, private or public junkyard, of any wrecked, junked, or aban- doned truck or automobile parts or bodies thereof, whether attended or un- attended constitutes a public nuisance and may be abated in the manner pro- vided for herein in addition to any other remedies the city may have for the abatement of public nuisances; and (i) Nuisances as defined by subsection (h), may be abated as follows, without reference to or limitation by any other provisions of the city code. The city manager or designee, after investigation, may order the abatement of such nuisance by giving notice to the owner of the premises upon which the nuisance is located to abate the nuisance within the time specified in such notice. The city manager may also give notice to the last known registered owner or any person or persons who may have acquired the right to possession through the registered owner, of any vehicle declared to con- stitute a public nuisance by subsection (h), persons placing the nuisance upon the property of another, or the lessee, agent, tenant, or other per- son in control of the property where the nuisance is situated at the time of the notice to abate. If the nuisance is not abated within the time as provided in the notice which shall be not less than five days, the city manager or city manager's designee may cause the abatement of such nui- sance and the cost of abatement may be charged against any or all of the foregoing persons to whom notice was given. Notice is deemed given when posted in the U.S. mail to the last known address of such persons, certi- fied or registered, return receipt requested. The costs of abating such nuisance may likewise be charged as a lien against and levied and collected as property taxes are levied and collected, but only if the city proceeds in accordance with subsection (i). The procedure for abating or dealing with a public nuisance as prescribed in this section shall be cumulative and in addition to any other procedures authorized by law or ordinance. Pursuant thereto, the following regulations shall be adopted: (1) All fences or enclosures shall be seven feet in height and the boards thereof spaced no greater than two inches apart. (2) No junkyard shall be located less than five hundred yards from a residential area. (3) No person having been convicted of any felony or of any other criminal offense involving theft shall be considered a suitable applicant. (4) All persons operating a junkyard shall keep a record of their purchases, which may be in the form of a receipt showing the date, name of seller, general description of article, and purchase price. (Ord. 321 (part) , 1968: CCK §6.9.2) 5 -09 (Kodiak 01/84) .36.010 -- 7.36.030 CHAPTER 7.36 DISMANTLED MOTOR VEHICLES* Section 7.36.010 Attractive nuisance 7.36.020 Unlicensed business operation prohibited 7.36.030 Where prohibited 7.36.040 Responsibility of property owners 7.36.050 Violation -- penalty 7.36.010 Attractive nuisance. The council finds, determines, and declares that the bodies of motor vehicles which have been wholly or partially dis- mantled and allowed to lie on private or public property within the city constitute an attractive nuisance and danger to children, a sanitation haz- ard, and a public nuisance which should be abated and controlled. The council further finds that the ordinance providing for the licensing of junkyards contained in chapter 5.16 does not afford an adequate remedy against the practice of dismantling one or more motor vehicles and leaving the dismantled bodies in such a condition that they constitute a public nuisance, and this chapter shall in no way impair or repeal any of the provisions of chapter 5.16, or prevent the conduct of individuals in proper circumstances from being in violation of both this chapter and chapter 5.16. (Ord. 379 (part), 1972: Ord. 365 (part), 1972: CCK §5.19.4(A)) 7.36.020 Unlicensed business operation prohibited. It is unlawful for any person, firm, or corporation, not being duly licensed by the city, to engage in the business of wrecking, dismantling, permanently disassembling, or sub- stantially altering the form of any motor vehicle within the city. (Ord. 379 (part), 1972: Ord. 365 (part), 1972: CCK §5.19.4(B)) 7.36.030 Where prohibited. It is unlawful for any person, firm, or cor- poration to dismantle or wreck, in whole or in part, any motor vehicle with the intention of allowing such dismantled motor vehicle body, or portions thereof, to remain upon any public or private property within the city, and the leaving of such dismantled motor vehicle body upon any public or private property within the city for a period of more than thirty days shall be conclusive evidence of such intention for the purposes of this chapter. This section shall not apply to licensed motor vehicle wreckers who are not otherwise in violation of this chapter, or chapter 5.16; and this sec- tion shall also not apply to motor vehicle bodies which are stored or kept in a garage or other substantial enclosure so that such bodies cannot collect * See also abandoned vehicles, chapter 10.11 this code. 7 -17 (Kodiak 03/87) 7.36.040 -- 7.36.050 water, cannot be accessible to children, and cannot otherwise become a public nuisance. (Ord. 379 (part), 1972: Ord. 365 (part), 1972: CCK §5.19.4(C)) 7.36.040 Responsiblity of property owners. It shall be the duty of the owner or owners, contract purchasers, lessees, or other persons having the right to the possession of, and control over, property within the city to keep their premises free from wholly or partially dismantled motor ve- hicle bodies as defined in section 7.36.030; it is unlawful for any owner, contract purchaser, lessee, or other person having the right to the posses- sion of, and the control over, any premises within the city, to cause, permit, or suffer such dismantled motor vehicle bodies to remain on such property for more than thirty days after receiving written notice from the city to abate such nuisance. (Ord. 379 (part), 1972: Ord. 365 (part), 1973: CCK §5.19.4(D)) 7.36.050 Violation -- penalty. The penalty for violations of this chapter, shall be as prescribed in section 1.12.010. (Ord. 407 §2 (part), 1973: Ord. 379 (part), 1972: Ord. 365 (part), 1972: CCK §5.19.4(E)) 7 -18 (Kodiak 03/87) 'Vt. fiR oslogr op- 4 -Fr 6:ic (Asir - 1r 7 -11 -17 1.14 T449 ct JLS_S November 20, 1986 Mr. T. T. Fuller Box 1486 Kodiak, AK 99615 Dear Mr. Fuller: KECEIVO.0 /' tiov 2 1 986 COMMUNITY DEVELOPMENT OEM On August 5, 1986, after a couple of previous meetings, we met with Roy Ecklund, Gordon Gould, you and the undersigned at the northwest corner of your property. At that time you agreed to clean up the City property, by removing some junk materials each month, in order to have it all cleared up by April 1, 1987. Since that time, Mr. Gould has viewed the site each month and taken pictures, in order to check on the progress of your commitment. I visited the site with him earlier this morning. To date, we can see no progress whatever in the removal of any junk items--either on land (beyond your property northward) or along the fill/slope underneath the boat hulls. At this rate,, there will be much to do at the last minute prior to the April 1st deadline. We merely wish to remind you of your commitment on August 5, 1986, at which time you agreed to a certain amount of removal each month. It would seem infinitely better to address the problem in that way, rather than leaving it to the last minute.... Very truly yours, CITY OF K DIAK 'Samuel C. Gesko r. City Manager SCG/keh cc: Gordon Gould, KIB Zoning Officer POST OFFICE BOA 1397, KODIAK , ALASKA 99615 PHONE (907) 486-3224 s- // • _/1 Mr. S.C. Gesko, Jr. City Manager City of Kodiak Box 1397 Kodiak, Alaska 99615 Kodiak Island Borough Re: Unsubdivided City Tidelands Tract Adjacent to City Tidelands Tract N38 Dear Sam: 710 MILL BAY ROAD KODIAK, ALASKA 99615-6340 PHONE (907) 486-5736 October 20, 1986 The purpose of this letter is to inform you that on October 16, 1986 a site inspection was conducted of the unsubdivided City Tideland Tract adjacent to City Tidelands Tract N38. This site inspection revealed no improvement as was agreed upon in the July 31, 1986 compliance plan pursuant to the June 20, 1986 administrative decision. On August 5, 1986 the disputed northeast property line was settled in our on- site meeting with Roy Ecklund and T.T. Fuller. Mr. Fuller agreed to clean up the city property by removing some junk each month, having it cleared by April 1, 1987. It is suggested that Mr. Fuller be encouraged to adhere to the compliance plan so further enforcement actions will not be necessary. The next site inspection is scheduled the week of November 17, 1986. Your cooperation with resolving this zoning violation will be appreciated. Sincerely, KODIAK ISLAND BOROUGH Gordon Gould Assistant Planner/Zoning Officer Community Development Department cc: Jerome M. Selby, Borough Mayor T.T. Fuller Complaintants gg:ck Kodiak Island Borough CERTIFIED MAIL RETURN RECEIPT REQUEST Receipt No. 4 0 - 7L - (.0 3 Mr. S. C. Gesko, Jr. City Manager City of Kodiak Kodiak, AK 99615 RE: Unsubdivided City Tidelands Tract Adjacent to City Tidelands Tract N38 Dear Sam: 710 MILL BAY ROAD KODIAK, ALASKA 99615-6340 PHONE (907) 486-5736 July 31, 1986 On July 28, 1986, this office received your letter agreeing to work with Mr. T. T. Fuller, owner of Tract N38, toward a phase-out of all vessels and material on the subject property which are in violation of Section 17.13.020 Kodiak Island Borough Code (KIBC), Permitted Uses in a Conservation Zoning District. The purpose of this letter is to establish the following compliance plan in accordance with the June 20, 1986, administrative decision: 1) That all industrial activity and placing of junk and debris on the conservation zoned city-owned property stop immediately. Mr. Fuller has agreed to this condition and on July 29, 1986, he called and said three boats have been moved. Mr. Fuller disputes the location of the northeast property line which must be resolved. 2) That all junk and debris of an industrial nature be removed from the subject property by April 1, 1987. This condition must be accomplished by the removal of some junk each month beginning August 1986. That is--a monthly inspection will be conducted and must reveal improvement over the previous month until the area is completely clean. One concern expressed by Mr. Fuller is the erosion in the southwest corner of Pearson Cove. Presently Mr. Fuller controls this problem with large pieces of metal which breaks up large waves generated in a northeast gale. Complete compliance with this order will result in the removal of these pieces of metal. Please address this problem and cooperatively come to a solution which will protect city property and Mr. Fuller's property without the use of junk and that will meet all applicable regulations. Mr. S. C. Gesko, Jr July 31, 1986 Page Two If you do not agree with the above compliance plan, either the actions re- quired or the deadlines established, please submit an alternative within 15 days of the date of this letter. Your cooperation and desire to correct this violation is greatly appreciated. Very truly yours, Gordon Gould Zoning Officer dfs cc: Jerome Selby, Borough Mayor Linda Freed, Director Community Development Bob Pederson, Associate Planner T. T. Fuller Jack Ferris Complainants '4 ,LEGEND = a.G.O• Monument recover -6c/ survey. ' 'd %a. e Aeri7 num Ce?/, 0.7 s /8" re6ar se./ "fh:s surrey. NOTE: B id eor e,v87`ior7 a pre - eer79.72U,9 e /94.4 (U. 5. c.o. 5) i 8 (%984, R : C /77-"offfl:20441-c" PO Box /597, ft'odie,E •, A/ssk.5 996/5 hJ -.33 T. r fULG6R AOYA.ECK.LUN©- R.L.e. P.O. Box /4' /fod�aE , 4 /.9ska 99645 TOPOGRAPUY PC4■50A1 COW: /N NEAR /5LAN0 CA!ANNEL KODIAK ,'GALE.• / ' =40 f� 4647E: 2G7 //Ore» OR4WW BYr S.-/A REF gd v /03 y 4214146' July 28, 1986 Mr. Gordon Gould, Zoning Officer Community Development Department Kodiak Island Borough 710 Mill Bay Road Kodiak, AK 99615-6340 Dear mr;_c_guath-- JUL 2 8 198b RE: Unsubdivided City Tidelands Tract Adjacent to City Tidelands Tract N38 We discussed your letter of July 11, 1986, briefly in the hallway several days ago. At that time, I believe I indicated no appeal was contemplated, inasmuch as a brief eyeball examination would reveal the presence of boats (or boat bows and various industrial debris) on City property. We would be pleased to work with you and Mr. Fuller toward a phaseout of all the vessels and material which are in violation. Please arrange for an initial meeting at our mutual convenience to get this removal and improvement project off the ground. Thank you for your assistance. Very truly yours, CITY OF KODIAK Sa uel C. Gesko, Jr. City Manager SCG/keh POST OFFICE BOX 1397, KODIAK, ALASKA 99615 PHONE (907) 486-3224 1 ILi 110--oi ( 0 -14-L Sit 1, )9'56, atica-"/ ,r4.4 6-01—(444 ciLaA) (_e) c,e4) T. T. FULLER P. O. Box 1486 ' Kodiak,. Alaska 99615 )7i4 CkLJ) CC Cd-oieft 7-z■-54, ,:cLAte—j (\/ Mr. S. C. Gesko, Jr. City Manager City of Kodiak PO Box 1397 Kodiak, AK 99615 RE: Unsubdivided City Tidelands Tract Adjacent to City Tidelands Tract N38 Kodiak Island Borough .• • 710 MILL BAY ROAD KODIAK, ALASKA 99615-6340i • ;' • • 1 • : PHONE (907) 486-5736 • Dear Sam: July 11, 1986 On June 20, 1986, this office made an administrative decision ordering the discontinuation of the illegal use of the Unsubdivided City Tidelands Tract adjacent to City Tidelands TractN38. You were given until July 31, 1986, to remove all industrial debris andicease industrial activity which will bring the property into compliance with Section 17.13.020 KIBC, Permitted Uses in a Conservation Zoning District. ; On June 25, 1986, you wrote requesting an extension in order to piovide information that will show there is no zoning violation. Further inves- tigation included a conversation with Mr. Roy Ecklund and a site inspection on July 2, 1986, Mr. Ecklund pointed out that there is an error on the aerial map used to determine the northeast property line.- He also said he had placed survey stakes along the questioned property line. My field inspection of these stakes placed by Mr. Ecklund confirmed the property line is closer to the crest of the fill than shown on the June 27, 1985, aerial map; however, my inspection also confirmed the zoning violation. That is--boats, pieces of boats, metal, motors, parts of vehicles, and other debris and artifacts of an industrial nature are present on the subject property. In addition, indus- trial activity, boat repair, is taking place on the subject property. Therefore, the June 20, 1986 administrative decision stands, with the appeal to Planning & Zoning deadline extended to run from the date of this letter for ten days. If you agree that there is a zoning violation, this office is willing to work• out a compliance -plan with you that will resultAn.the clean- • I • . „ • Mr. S. C. Gesko, Jr. Page 2 July 11, 1986 up of this area over a period of time. If you do not agree with the adminis- trative decision, you will need to appeal it to the Planning & Zoning within ten (10) days of the date of thisiletter. An appeal is commenced by filing with this office a written notice of appeal, specifically stating the reason fcmthe appeal and the relief sought. An appeal under Section 17.68.020(B) KIBC may be brought by any person aggrieved by the decision. Thank you for your cooperation. . Sincerely, Gordon Gould Zoning Officer Community Development Department cc: Jerome Selby, Borough Mayor Linda Freed, Director Community Development Bob Pederson, Associate Planner T.T. Fuller Roy Ecklund Jack Ferris Complaintants • • -7 oy-J 4 4 15 A) 'frctr)" L,J r June 25, 1986 4 , Mr. Gordon Gould Assistant Planner /Zoning Officer Community Development Department Kodiak Island Borough 710 Mill Bay Road Kodiak, AK 99615 Dear Gordon: JUN 2 5 itzb RE: Unsubdivided City Tidelands Tract Adjacent to City Tidelands Tract N -38 Upon receipt of your May 7th letter, I personally contacted Mr. T. T. Fuller and spoke with him at length at the site of the alleged violation. Further, I also spoke with Mr. Roy Ecklund, the surveyor who defined Mr. Fuller's property most recently, and who also supervised the aerial photography mapping which you relied upon for determination of the alleged violation. Both Mr. Fuller and Mr. Ecklund believed there was no violation. Mr. Ecklund did not hesitate to volunteer that the aerial photography mapping is as much as or in excess of 20 feet in error. Assuming his statement is true, and the actual boundary line is where both he and Mr. Fuller indicate it is, there very well may be no violation. When I requested a copy of an as -built survey, and proof of the property corner, Mr. Ecklund preferred that Mr. Fuller approve the request before turning one over to me. Mr. Fuller has now done this - -but only as recently as yesterday. Mr. Ecklund is to appear on the scene today (6/25/86) to locate the property corner. Regretfully, I was unable to complete the above contacts during the 30 -day interval requested in your letter of May 7th. Please, if possible, grant an extension for submission of the materials and documentation mentioned above. If an extension is not possible, I would prefer to reserve and preserve the prerogative of an appeal to the Planning and Zoning Commission, which you mentioned in your letter of June 20th. If any further clarifica- tion is needed at this time, please don't hesitate to contact me. Very truly yours, CITY F KODIAK S•muel C. Gesko, Jr. ity Manager POST OFFICE BOX 1397, KODIAK, ALASKA 99615 PHONE (907) 486-3224 Kodiak Island Borough CERTIFIED MAIL RETURN RECEIPT RE UE ED RECEIPT NO. Mr. S.C. Gesko, Jr. City Manager City of Kodiak P. 0. Box 1397 Kodiak, Alaska 99615 710 MILL BAY ROAD KODIAK, ALASKA 99615-6340 PHONE (907) 486-5736 June 20, 1986 Re: Unsubdivided City Tidelands Tract adjacent to City Tidelands Tract N38 Dear Sam: On May 7, 1986 this office requested an as-built survey of the lot line separating the City Tidelands Tract N38 from the unsubdivided City Tideland Tract to the north. The requested survey was to be submitted to this office by June 6, 1986. We have not received the as-built survey to date. Therefore, the information used to determine the location of the lot line is assumed to be correct and that the industrial use of the unsubdivided City Tidelands is in violation of Section 17.13.0.0 (Conservation District, Permitted Uses) Kodiak Island Borough Code (KIBC). The purpose of this letter is to serve as notice of the following administrative decision pursuant to Section 17.75.010A(1) KIBC: Discontinue the unlawful use of the unsubdivided City Tidelands Tract north of Tract N38 by July 31, 1986. That is, have T.T. Fuller move all boats and structures covering boats from that portion of land beyond his property line. This decision is final unless appealed to the Planning and Zoning Commission within ten days of receipt of this notice. An appeal is commenced by filing with this office a written notice of appeal, specifically stating the reason for the appeal and the relief sought. An appeal under Section 17.68.020(B) KIBC may be brought by any person aggrieved by the decision. Failure to correct the above noted violations or appeal the decision subjects you to the penalties of Section 17.75.030 KIBC, 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 than three hundred dollars. Mr. S.C. Gesko, Jr. June 20, 1986 Page 2 "Each act or condition violating this title, any order issued under 17.75.010(A)...and each day during which the act or condition exists...shall be a separate and distinct violation ". The' following discussion is not part of the administrative decision, but rather an idea which may lead to a long term solution to the above problem. While realizing the need for a boat yard, many people have complained about the way this boat yard looks. The problem is partially associated with mixed uses of land, e.g., industrial and residential, with no buffer. The residential looks out over the industrial. Part of the problem is inherit in boat yards. Part of the problem is the way Mr. Fuller operates this particular boat yard. What ever debris that is left over when a boat is moved is pushed over the property line into the ocean. This is not only illegal, it is unsitely, thus causing folks to complain. Merely having Mr. Fuller move the boats and industrial debris back on to his property will be an on going enforcement problem. It is suggested that a long term solution to this encroachment problem is a fence along the property line. A fence will leave an area wide enough, 10 to 20 feet, for public walking access out to the channel and will stop the future dumping of junk into the ocean. The fence is not part of the administrative decision just a suggested long term solution to a long term problem. Your cooperation resolving this problem will be appreciated. Sincerely, KODIAK ISLAND BOROUGH Gordon Gould Assistant Planner /Zoning Officer Community Development Department cc: Jerome M. Selby, Borough Mayor Linda Freed, Director, Community Development Department Bob Pederson, Associate Planner T.T. Fuller Jack Ferris, U.S. Army Corps of Engineers Complaintant Kodiak Island Borough 710 MILL BAY ROAD KODIAK, ALASKA 99615-6340 PHONE (907) 486-5736 .;( May 7, 1986 HAND DELIVERER RECEIVED BY : 517 Mr. Samuel C. Gesko, Jr. City Manager City of Kodiak P. O. Box 1397 Kodiak, Alaska 99615 Re: Unsubdivided City Tidelands Tract adjacent to City Tidelands Tract N38 Dear Sam: The purpose of this letter is to request further information. Thank you for your May 2, 1986 response to my March 6, 1986 letter in which certain action was requested to correct a zoning violation on the unsubdivided tideland tract adjacent to City Tidelands Tract N38. The unsubdivided tideland tract is zoned Conservation, and being used for industrial purposes. In your letter you assert that the information this office used to determine the zoning violation is in error. The information used is an orthophoto map dated June 27, 1985, prepared by Airphoto Tech, Inc. and controlled by Roy A. Ecklund. You state that according to Mr. Ecklund an error of + 10 feet is generally acceptable on such a map. You go on to assert that his map is apparently more than 20 feet in error and when the lot line in question is corrected according to actual survey lines, there apparently is no violation. In order to verify this statement please submit an as-built survey showing the correct location of the lot line by June 6, 1986. Your cooperation resolving this problem is appreciated. Very truly yours, Gordon n Gould Assistant Planner/Zoning Officer Community Development Department cc: Jerome M. Selby, Borough Mayor Linda Freed, Director, Community Development Department Bob Pederson, Assistant Planner/Zoning Officer T.T. Fuller Roy Ecklund Jack Ferris, U.S. Army Corp. Complaintants May 2, 1986 Qisaet Mr. Gordon Gould Assistant Planner /Zoning Officer Community Development Department Kodiak Island Borough 710 Mill Bay Road Kodiak, AK 99615 -6340 Dear Gordon: MAY 2 1886 This will acknowledge your letter of March 6, 1986, pointing out a suspected zoning violation adjacent to property owned by Mr. T. T. Fuller. Tideland Tract N-38 owned by T. T. Fuller, is zoned industrial and used for a boat repair yard.- Land adjacent to Tideland Tract-N-38 on two sides is owned by the City of Kodiak. I've had extensive conversations with Mr. Fuller- both in my office and on the site. In addition, I've verified Mr. Fuller's comments with Mr. Roy Ecklund, a local surveyor. Mr. Ecklund verifies that the orthophotomap map showing the lot lines and alleged violation of the lot lines (map dated 6/27/85, sheet 40) is in error. According to Mr. Ecklund, an error of ±10 feet is generally" acceptable on such a map. This map is apparently more than 20 feet in error. When the lot line in question is corrected according to actual survey-lines, there apparently is no violation. Mr. Fuller has filled in property to the extent of the lot line, and the slope of fill into the water do -s e tend into - property owned by the City of Kodiak. There is no u e of this sloped property of an industrial nature. Ther= was een some promiscuous dumping of scrap steel_ on the slop , -t er than armor rock, and I have informed Mr. "Fuller that this scrap "steel must be removed. If I can share any other information with you regarding this matter, please don't hesitate to call. Very truly yours, CITY OTh KODIAK Sa (uel C. Gesko, Jr. City Manager SCG /keh POST OFFICE BO( 1397, KODIAK . (AIM 99615 PHONE (907) 486 -3224 Mr. S.C. Gesko City Manager City of Kodiak P. 0. Box.1397 Kodiak, Alaska 99615 Kodiak Island Borough 710 MILL BAY ROAD KODIAK, ALASKA 99615-6340 PHONE (907) 486-5736 March 6, 1986 itoalo-ed_ctf-ti . Re: Unsubdivided City Tidelands adjacent to City Tidelands Tract N38 Dear Mr. Gesko: This letter is written in response to a citizen's complaint regarding the use of the above referenced unsubdivided Tideland Tract which is owned by the City of Kodiak and adjacent to City,Tideland Tract N38. Tideland Tract N38 owned and used by T.T. Fuller, is zoned Industrial and used for boat building, repairs, storage, junk yard, wrecking salvage, and a scrap metal operation. All are permitted uses within an Industrial Zoning District (Kodiak Island Borough Code 17.24.010). The city-owned unsubdivided tideland tract which begins on the north property line of Tract N38 is zoned Conservation, (Kodiak Island Borough Cade 17.13 enclosed). According to orthophoto map, Sheet 40, dated June 27, 1985, (enclosed) Mr. Fuller is encroaching approximately 30 feet onto the unsubdivided tideland tract owned by the City of Kodiak and is using it for industrial purposes which is a violation of Kodiak Island Borough Code, Section 17.13.010 (Permitted Uses/Conservation District). Specifically, industrial land uses are prohibited in the Conservation Zoning District. The purpose of this letter is to advise you of this apparent zoning violation and request your assistance in resolving it. One of the following actions will have to be taken to resolve this violation: 1. Require Mr. Fuller to remove all industrial artifacts and cease industrial activities on the city-owned property and stop dumping junk over the edge of the rock fill which results in an ever expanding encroachment onto Conservation zoned city-owned tidelands, or 2. Apply to the Planning and Zoning Commission for a rezone of the unsubdivided tideland tract from Conservation to Industrial and give Mr. Fuller permission to use the property. If one of the above actions is not taken by April 30, 1986, an administrative decision will be made ordering the discontinuation of the unlawful use of the land. City of Kodiak March 6, 1986 Page 2 Furthei, dumping into the ocean mentioned in 1 above likely requires a permit from the federal government. Work such as dumping into waters of the United States requires a permit from the U.S. Army Corp of Engineers. In this permit process the Kodiak Island Borough is only a review agency. Our records show an application for a permit for the work Mr. Fuller is doing on the east side of Tract N38. We have no record of a permit application for work on the north side of Tract N38, the subject area. Therefore, this letter is being copied to the Corps of Engineers. If you have any questions or need further information please call me at 486-5736, Ext. 254. Sincerely, Gordon Gould Assistant Planner/Zoning Officer Community Development Department Enclosures cc: Jerome M. Selby, Borough Mayor Linda Freed, Director, Community Development Department Bob Pederson, Assistant Planner/Zoning Officer T.T. Fuller Jack Ferrie, U.S. Army Corp Complaintants ck 7 • Otthophotomai ofi ,1,1.11e-,21, 1 Sheet 41 p 21:2 Chapter 17.13 C-CONSERVATION DISTRICT Sections: 17.13.010 Description and intent. 17.13.020 Permitted uses. 17;13.030 Conditional uses. 17.13.040 Area requirements. 17.13.050 Yards. 17.13.060 Building height limit. 17,13.010 Description and intent. The Conservation district is established for the purpose of maintaining open space areas while providing for large lot single-family residential and agricultural land uses. For the conserva- tiondistrict; in promoting the general purposes of this title,lam-specific intentions of this chapter are: A. To encourage the.use of land for large lot single- family residential and agricultural purposes; B. To encourage the continued use of land for open space areas; and C. -To encourage the discontinuance of existing .uses that are not permitted under the provisions of this chapter. (Ord. 84-57-0 §1(part), 1984: Ord. 82-46-0 §2(part), 1982). 17.13.020. Permitted uses. The following land uses and activities are permitted in the conservation district: A. Accessory buildings; El. Agricultural activities; C. Churches; D. Fishing activities; E. Forestry activities; F. Horticulture activities; G. Hunting activities; H. Parks; I; Public facilities; J. Recreational activities; and K. Single-family dwellings. (Ord. 84-57-,011(part), 1984: Ord. 82-46-0 §2(part), 1982). 17.13.030 Conditional uses. The following land uses and activities may be allowed by obtaining a conditional use permit :in accordance with the provisions of Chapter 17.67: A. Airports; B. Petroleum exploration and development; C. Radio'and television transmitters; D. Resource extraction activities; 102-2. (Kodiak Island Borough 12/84) 17.13.040--17.16.010 E. Sanitariums; F. Solid waste disposal sites; G. Lumber mills and sawmills; H. Lumber yards, building material manufactures or sales; and I. Seafood processing establishments and their dormi- tories. (Ord. 84-57-0 S1(part), 1984: Ord. 82-46-0 §2(part), 1982). 17.13.040 Area requirements. A. Lot Area. The minimum lot area required is five acres. B. Lot Width. The minimum lot width required is two hundred fifty feet. (Ord. 84-57-0 §1(part), 1984: Ord. 82-46-0 S2(part), 1982). 17.13.050 Yards. A. Front Yard. The minimum required front yard is seventy-five feet. B. Side Yards. The minimum required side yard on each side of the principal building is fifty feet. C. Rear Yard. The minimum required rear yard is seventy- five feet. (Ord. 84-57-0 Sl(part), 1984: Ord. 82-46-0 S2 (part) , 1982). 17.13.060 Buildin height limit. The maximum building height allowed is thirty-five feet for residential buildings and fifty feet for agricultural, church and fishing buildings. (Ord. 84-57-0 Sl(part), 1984: Ord. 82-46-0 S2(part), 1982). Chapter 17.16 Sections: 17.16.010 Description and intent. 17.16.020 Permitted uses. 17.16.030 Conditional uses. 17.16.040 Area requirements. 17.16.050 Yards. 17.16.060. Building height t . 17.16.010 Descrip -ad intent. The rural residen- tial district is esta ed as a land use district for large- lot-low-density re ntial and general agricultural purposes. For the rural •ential district, in promoting the general , purposes of title, the specific intentions of this chapter a A o encourage the continued use of land for low-- den 102-3 (Kodiak Island Borough 12/84) T-r_ --- ____ n t LLITHO (IMPORTANT MESSAGE) FOR 6,©/2-1'i%1/4) DATE ■ / TIME C)? " 05 . eta,-.6ilpAii OF �% �% PHONE 6 l 1 ! , AREA CODE NUMBER EXTENSION TELEPHONED - PLEASE CALL CAME TO SEE YOU I WILL CALL AGAIN WANTS TO SEE YOU RUSH RETURNED YOUR CALL SPECIAL ATTENTION MESSAGE4F-2 Ful"`-s UU�4 SIGNED IN U.S.A. TOPS W FORM 3002P ,.. US Army Corps of Engineers Alaska District r' f Regulator"y, Branch � .ik iii Pouch 858";: Anchorage, Alaska ,99506° r MODIFICATION;' t ublic i ppi iati �emei PUBLIC NOTICE DATE: October 8, 1984 EXPIRATION DATE: November 8,'1984 'REFERENCE NUMBER: 071- 0YD -M- 780210; WATERWAY NUMBER: Kodiak Harbor 55 Interested parties are hereby notified that an application has been received for a *Department of`the Army permit for 'certain work in waters' of the United States, as described below and shown on the attached plan. ,ttc i APPLICANT:'' Mr: •T.'•'T:' Fuller; Post Office Box 1486, Kodiak, Alaska 99615. LOCATION: S.M. Kodiak Harbor, Kodiak, Alaska at sec. 32, T. 27 S. R. 19.. WORK:, The applicant proposes to modify his existing authorized uncompleted . dock facility by ' dredging approximately 11,200 cubic yards (cy) from 'a 30'x50' slip opening' on the west side of his facility. The dredged area ;,would be bulkheaded and used for a boat. lift opening. On the east side, of the facil ity the pernnttee proposes to extend his bulkhead an additional' 70 feet and construct'a 60'x30' pile supported dock.' `A total of 2,000 cyo" {tfi:ll material will' be. placed behind the completed bulkhead. a ' , • PURPOSE: The completed 5t lI ,faclIility will be used for ship repair purposes. t { �.. - ,P41. n a t . ADDITIONAL INFORMATION: The original facility was authorized September'_ 1984. Further questions should be directed to the permittee,' WATER QUALITY `CERTIFICATION:"' A permit for the described work will not be' issued until a _ certification or waiver of certification, as required under Section 401' of`'the 'Clean Water Act (Public Law 95 -217), has been received from'the Alaska Department of Environmental Conservation. J COASTAL`' ZONE 'MANAGEMENT'ACT'CERTIFICATION: Section. 307(c)(3) of the Coastal Zone•Management Act•of 1972; as amended by'16'U.S.C. 1456(c)(3), requires the applicant to certify that the described activity affecting land or water uses' in :the Coastal Zone complies with the Alaska Coastal Management Pr.ogram. ;, A `permit `w ill not be '.issued until the Office of Management,` and Budget, `•Division ' of=' Governmental 'Coordination has 'i concurred, with t. ;the, applicant's certification. t- t PUBLIC HEARING: ';•Anyrperson may request, in writing, within the commen period specified in'this!notice,''that a public hearing be held to consider aa�ar 'this" application: Requests', for public hearings shall state, with , particularity,`the .reasons for holding a public: hearing. ' ' ' CULTURAL RESOURCES: The latest version of theNational Register of Histori Places hasl,been y consulted'; and no properties'' listed on or known to eligible for-Inclusion' `onrthe (Reg ster }are_ 'located.; in the permit area.' ENDANGERED SPECIES:, Preliminarily, this described activity will not affect` endangered; species,' or their critical habitat designated as endangered or threatened; under`-the "Endangered _Species Act 'of 1973 (87 Stat.' '844). :Forma consultation, ,u nder'1Section'!7 of., the Act is ''not required for the descr•ibed;` act ivi�t�y' t.•aC! `'IA re) i'" l,f a .� 4 Y t` �'! '? �'. r !; • i` FLOOD PLAIN MANAGEMENT:.. 'Evaluation of . the described activity will include' conformance `- withruappropriate' State' or local-'flood ' plain standards;!'' consideration of alternative sites and methods of accomplishment; and weighing of the positive, '',concentrated ' and {; dispersed, and short and long-term impactson the flood plain: y rYt!• + ! EVALUATION: ''The decision'whether to issue a permit will be based on 'an; evaluation of the probable impact including cumulative impacts of the proposed activity'; on` the 'public interest.` That decision will reflect the national ." concern`s 'for both protection and utilization of' 'important; resources. The benefit which.' reasonably may be expected to accrue from the proposals must be' balanced against' its reasonably 'foreseeable detriments,' All factors which may be relevant to the proposal will ' be considered' including ,,the cumulative' effects thereof, among' these are conservation,` economics, `'aesthetics,: "general environmental concerns, wetlands,' cultural values, fish' and wildlife "values, flood hazards, flood plain values, land navigation`shoreline `erosion' and accretion, recreation, water supply and ' conservation, water quality, energy needs, safety, food and fiber':: production,' 'muneral,' needs,-` and, in general, the needs : and welfare of the;; people. }`, ok ..,53. ".`ta• �. AUTHORITY: This permit will be issued or denied under the followin authorities :": Y` ► (X) Perform'worka in or affecting navigable waters of the United States -, Section 10, River., and Harbor Act 1899 (33 U.S.C. 403). (X)' Discharge dredgedor'filla material into waters of the United States Section ` 404, ' Clean` Water Act (33 U.S.C. 1344). Therefore, ` our public . interest review will consider the guidelines set forth under Section 404(b) of the Clean Water; Act (40 CFR 230) . Comments on the described work, with the reference number, should reach this office no later' than the expiration date of this Public Notice `to become. part " -'of' 'the record and be considered in the decision. If further' information is desired concerning this notice,' contact Mr. Allan G: Skinner. at (907) 552- 4942..`• A''p1an,' ..Notice of "Application for Certification of Consistency with the, Alaska Coastal Management Program, and Notice of Application for State Water Quality °Certification are attached to this Public Notice. District Engineer. U.S. Army, Corps of Engineers, VICINITY MAP. :1.' F.nrn U.S.C.d G 8 G-!AZ ).. . El�V. 6oa r+d(naa in Fathoms a, M1- .L.W.(prti•.artt.5li : k: 4ca l e to Taet C 3 CO 0 !00 G GO 900 1 Za7 i Sbo 1 00 • 8o-fr`O 442 .. I J'd1' � ✓ o PURP03E: DATUM: FD P S` Fr'{ C W N> =s7-... : l: ' v v t71-4> =Y Fioa.GO 5i AF 0 130A 344• Kodia►C. la5ka 2:G:,TY OP }c.c)rJlA're. 6c.::, A; i k . 0 LS 50 100 340 KODIAK HARBOR 55 P o PO5 o-ock-- A o FiLL ,.....,..... ir1 KpO1 'r4 AR.6.0R , KGD CA.K,A,L.'•S4 :j.PRL- ICATiCN 2`!•... • j. FULLaZ' • ra ' L'a 12' GU/VZDRAIL- 9 ZG 2. II��Ii�1��1�1 1 wwwwwwwwf KOD IAIC HARBOR 55 GROG K •t!- -4 P-11-1;1"; .:,.FuL.:L~ER eic'K f , d,.42 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 INVO VED: .910010111 LOT BLOCK PROPERTY OWNER: NAME / Li_ev2 ADDRESS PROPERTY IS ZONED: SUBDIVISION USS # TELEPHONE # COMPLAINT: ,-Jut N1K 2,0,v0f PA "1 e, 6- TiA ho c e pi&) 501/2. ,s‘ ( ignature) TELEPHONE 06) 5 DATE 5 2_ PERSON. ACCEPTING COMPLAINT: DATE: V_S"- (Revised 8/83) ADDRESS: /o/(/ /41/55/0‘ tt) '>.-•"*":---N V L;'Co.-t-r-L \74 24 r Lt o /L1LL C64z - 711.e. -4144,64.4,D 4tr71,%zehz 7/Lak tdod44 ItLe itioto.4.44 — /1/toll ofe-se441424.7L. ,/- s7 6,77, _4/ '*V2A7,c V "/5,1,4; -2w-V //d am a cf" - n 4c/i`" w,91 710',/.4 77' 9 -.5S.3.7- /2:2/W ; 4,75/ 'xS" .-L a/1'Y 7 KODIAK ISLAND BOROUGH Property/ ra/ed.ovF.iatt, ,4 . /Pe 2W. Legal Description 4tr 475eve. Owner of Record l'ir-yo,e ,6da0.4- Date Pictures Taken / nopz By e.tAr November 2 1982 Mr. William Hodgtns Zoning Officer Kodiak Island Borough Community Development Department Box 1246 Kodiak, Alaska 99615 Dear Bill: In reference_to your letter dated October 29, 1982, pertaining to T. T. Fuller's storage of gear and boats within the Marine Way road right-of-way, please be advised that the City of Kodiak has approached Mr. Fuller on several occasions in an attempt to have him move this storage of boats onto his property. However, as you can see, we have not had much success in this area. Any assistance you-can provide us or any suggestions you may have would be appreciated. . If you have any furtherquestions on this matter, please contact me or the Building Inspector, Morris Lee. Very truly yours, CITY OF KODIAK HERMAN T. BEUKERS Acting City Manager HTB:cdh POST OFFICE BOX 1397, kODIR , ALASKA 99615 PHONE (907) 486-3224 KODIAK ISLAND BOROUGH 8 a_ Telephones 486-5736 - 486-5737 — Box 1246 KODIAK, ALASKA 99615 October 29, 1982 Mr. Herman Beukers Acting Manager City of Kodiak P.O. Box 1397 Kodiak, Alaska 99615 Dear Herman: On October 10, 1982 Mr. Forrest Blau visited our office to complain about T.T. Fuller's gear and boats stored within the Marine Way Road right-of-way. Since that time I have been able to obtain a copy of a preliminary plan of the Marine Way Extension and Tugura Road Waterline Revisions drawn by Rolland Jones for the City of Kodiak in October of 1981. Indicated on this plan are the platted right-of-way and the existing storage of boats and gear. Mr. Fuller is not the only one at fault in the area as most of the present structures are nonconforming and more than likely, due to their age, have "grandfather's" statutes pursuant to adopted Kodiak Island Borough zoning codes. However, the storage of junk and boats within a dedicated road right-of-way for commercial gain is not, to my knowledge, a legal use of public property. I realize that if Mr. Fuller is asked to remove his stored item elsewhere, his neighbors will be subject to the same requirements. This could prove to be a large project to undertake. Incidently, current zoning for the area is I-Industrial which permits junkyards and boat storage. The boundary line for the Industrial zone changes to R-2 (two-family residential) at the center line of the Marine Way Road right-of-way. Junkyards and boat storage are not permitteduses in a residential district. What we need are your views on this matter because the property involved is a City of Kodiak right-of-way under your developmental control. Attached is a copy of the preliminary plan by Rolland Jones of the area under consideration. Your efforts toward a resolution of Mr. Blau's complaint will be greatly appreciated by all concerned. Sincerely, William Hudgins Zoning Officer Community Development Department WH:cmk ZONING VIOLATION COMPLAINT I wish to report an alleged violation of the Borough's Zoning regulations: I understand that if a violation exists and it is not remedied within ten (10) days of the receipt.of a violation notice, the matter will be turned-over to the Borough Attorney for action. LEGAL DESCRIPTION OF PROPERTY TO BE INVESTIGATED: LOT BLOCK SUBDIVISION /%1G, /6/- 37/A'- 38 uss # • PROPERTY OWNER: NAME 7.7/. ADDRESS X. PPg4; /K0,44:. TELEPHONE # e526—ge,?/ PROPERTY IS ZONED: 7A7 4,92_ COMPLAINT: "--07z41-6F Fer-41- e?,0 e6iwe_ ze:7*.t) ,i*AnmAeWy /6 ofre v. S I GNAT URE : /6ei 16-L:%"7— 7/49c) ADDRESS: 578 TELEPHONE #: _35,. — 7 9 / DATE: A/057Z PERSON ACCEPTING APPLICATION: DATE: //,A4ln_ ,y ■ uous E /5 NINA GIL6R EAT H dONK s = — t ,z o , f L9 ® ®.G'► ®.RYdIlA ® ®®%Io X00 Aar m ® ® ® /io,N.Lff ®/m'oM....es Aar AO 1 1 mN y NV. = /l- M A,Q /A/E- r CAVAJERY N- 25 T. T FERN sox /486 1.<01-)1.41 -i< ULLER A/- .37 1 - -.. I. •• I .. 1. 1 1 Violatinn Number ,e4— KODIAK ISLAND BOROUGH ZONING COMPLAINT - .STAFF FOLLOW -UP: HISTORY SHEET PROPERTY: Lot , block , Subdivision USS PROPERTY OWNER: Address OCCUPANT: Address CURRENT ZONING: NATURE OF COMPLAINT /INVESTIGATION /VIOLATION(s): Date & time Stafl' Member ' Action, Memoranda Date & time Staff Member Action, Memoranda Date & time Staff Member Action, Memoranda Date & time Action, Memoranda Staff Member Date & time Staff Member Action, Memoranda Date & time STATUS OF r AS OF Staff Member I'4 ••,:fi.13.54 41 • ; ..• • CAIN.. # cw.z.outs ,..ErefrsoN ”" ` of STAN.RAY 4 C.f./ALICIA ANOORZO. PDX 139 / C NAKN3K . • 5 jr CDAIU-1 I 130X 939 KODIAK t, /14 , • ., , -: •••- ' • , 4, .^ ... .. .... ..‘"..,...,..", 4)(•-•)40 WI 1 ' II ,' . .fi . '4 T dO 1 .. , : -,,,,,.•-.. ir 1 •• r,46.13 ' ... , ....• . ,;s4e,,,.... ' I I 4.. "L'LLID Al ,. I 9.. ' I WOUSC ' ',ti4/4.5c ■..I. 1..3 ?' /2 -,.‘,.. JOHN ,.4 C4.1144.10/40 4. 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BOMBE war,' • — ....., , ce,I,m, ftwaffi_miamL=E 7....OLEN . _ .--ININNNE Mi.----:- :---,- ---- CITY OF IACOD MK ,.... WILAV ff. Allett,A SION 4 TA.G WATERLINE, KEVIISSONMUF''' E'lcsAz) 1...4.,,,niec restaulue*W ItJOK U. 1...... ALMA Mr AM •ICA.EZ, ,_ EMNIA=ME,NE Nriso MN E._ E....11MIEN_ _i , _±._. a 12 .50 15 /3 30 /4 ao A. DO C. ' 30 3 .0 14.E :::1 -FLAN Atmb ‘5.114.01 -,.....-,.,... ..‹..,..., '..M, • = /zPc A/ cop x71 on 4195 rebar ./his survey. MIR USS 2537.8 KODIA K TOWNS,TE SURVEY .Iq.f �7d '1 iwf . M.C. 19 USS 28379 USS 253x1 8 YR. — 1 3 41W.11HAP 9G® `i'� %ky>`�c}' • Y OF IN:tkW1TxWA pULIC Korix tt Tomp AQNQOCH, 3 1Y y.5.G. S 0.s. TIDA4 DAIS (Prey arthwuake 1.964) Higheet Tide (esti ted) Hai11m ligha High Woor Mapn,liigh Water Phan Lou Water Magi Wear Law deter: Lowest Tide (estimated) of 13.0 ft. 8.5 ft. 7.6 ft. 1..0 ft. 0.0 ft. -4.0 ft. S 09' 33 oo..00" LEGAL: �DESCRIP'21 CITY TIDELAND, TRACT': N -;30., ALASKA, DFSCI'IB$D A6 FOL; COMMENCING AT M.C. 19 U. PLC, 11,.0 S. r0 JR'EY c253 THENCE :THE FOLLOWING COUBS' U. S. SURVEY •2538 =B: 11 53° 00! E, •120'02`x? N 33° 43'. 8, .•24.r32r FEU' THENCE N. 61 57 ;.8; 225 45.F8ET OVER;: LANDS T13:T188 P808:'POZNT 00: UtGIN, 12'NG THENCE. THE FOLI.OWISG COU WE3 QV5 •� 1. 'N 61 57' :4,..:;:12.77.:=,4 ,. 2.i N 42 03!' 8, •16144,11OOT 3. :N 61 38!; 8, 13 ;O7 F2ET , 4. :S 31 00' 8, 6. S 82° 57' 45! W, f98 491, 7. N 59' 00" $ 273.33 ,$z.' 8. . N 31' 00': W ;'•: 224:42' FEE BEGINNING. %253,7 B IDGNTTSC,AY TNg .NEM.DE E LINE CONTAINS& 75-,923 USS 3 us ...Gs Lie. Lot LNe Olilac, Nune.r �J2r Ce•r,oi Yob° 1V 1 400 5.3 T 27 S, R 19 W, S E 1/1 S e c. 32 Onbepbotomao of KODIAK, ALASKA Date of photography: 6-27.1986 Prepared for: the City of Kodiak and the Kodiak Island Borough Controllod by Roy A. Eklund Prooarad by: Alr Photo Took, Inc.