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ATS 49 TR-18A - Code Enforcement_ •'1 c !ARNE will/ -n .,�. iY7'_. ....__ -- :rs 4s MARINE WAY ,. - I ht. fC,t_l NS3D66 Lt . ___.s ue ----a--- --- - ___IC CA ' r —1 cTLijNG p �— Y. • 6.441,01.. NOM ElleWA[N 1 ICON RAVEL pao FACE- aavGajEnty' 51,9764C• WM: extRAi[NS IIIIIIIIIIHIIIII� a/5HFD ■ IIIIIIII IIS 9(0K F.U5#? wiFN OOCK 7 SNfiD COVERED F /5N UNLOAo/NG AREA AMP FiSN rANK5 00'00-W 62.01' CRANE PUMP NOUSE :s. Cyq/V/VE< e41ARENC:U.E PREPARED FOR, GLOBAL SEARDOVS 800 6;7-'1' /•forme Way, Kodiak, A /esko EREP,4RET7 Y: HOR /ZON LAND SURVEY /NG, /NC. P.D. Pox /945 , Kadvk , A/eek3 •996/5 AS - BUILT SURVEY 1 heathy amity that t heat sane d Ott poilowin desc.ibvI pr perry. Tide /end Tract 18A A/aaica Tidetsnd -vPy.,Gh� -.9 - 9.Xo4»k R Recd-r://no and that the improvements situated thereon are within the property lines and do not overlap « c oach on the property lying adjacent thereto. that Improvement on rproperty lying adjacent thereto encroach on the premises in question and that there are no oadways. transmit- on line other visible easement on said property except et indi• eared hereon. Drool (hi is day oG ^..+�.i —SL�ZO 0'4 1.G.�RGEE Registered Land Surveyor seaIa / ^ = 20 feet 1 Drawn by s. Queermen 'Dam /4 June &X'¢ I •`.. I •••• 1 301 AC 5A IQ !TA R ■r" -%,1/4/S5=2 ii6o9419rmvice_Eb P4RK106, 546c, ..alm IMO /■/ 53° OCD'E .-7.77-rxxpel • 4!51GiTiegiD Gore 7:4xy or trOAPIAltr re 4rE Remoyah. 721 A Lioki rot p .4/210#4' CA t4.1 E' L)1LOW6 4/4 • g • • 5.% . C Se cc RIczocA rED • ^1* CA 1■1A-121W Dll...PJJG N D nr ! ■ .: .L_____. _ .......E.................____. 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OA' ermAgrea*. rap - attar/ irdoe PARIO CANNEt?Y et 011.011.4 J9NC_G_ fMUGS oitu-V rb cRessTa p Aber—is ). CAN(%JE,y 0uiLvtnrG qP CGS E 01-043 et/00/03 eebst Aor eaaplNSa; CI �'' .13/20/03E13 refer vaNstaged spaces ;_ •4 • to the upstairs offices, which creates a bottleneck effectively reducing aisle width to seventeen (17) feet at that point, be either removed or re-engineered to achieve at ground level twenty (20) foot unobstructed width for reasonable two-way vehicle passage. Staff farther indicated demolition has not started to date. Staff recommended approval of the request subject to two (2) 'conditions of Approval. COMMISSIONER RAZO MOVED TO GRANT a variance, in accordance with KIBC Section 1157.080.H.1—Parking Spaces and DimenSions, to permit twenty (20) foot wide aisle widths instead of the required twenty-four (24) footwidths on Tract 18A, ATS 49, subject to the condition of approval contained in the staff report dated April 11, 2000, and to adopt the findings in that staff report as "Findings Of Fact" for this case. CONDITION OF APPROVAL 1. The ten (10) on-site parking spaces being developed in conjunction with recent construction and this variance request, as identified on the site plan dated April 10, 2000, must conform with the parking development standards of KIBC 17.57.080. 2. The two (2) pipe supports adjacent to the newer (northerly) cannery building near the entrance to the upstairs offices (ref. to photos #1 and #2), which create a bottleneck effectively reducing aisle width to seventeen (17) feet at that point, be either removed or reengineered to achieve at ground level twenty (20) foot unobstructed width for reasonable two-way vehicle passage. FINDINGS OF FACT. property or intended use of development. which generafly do not pp1y to other properties in the same land use district. Seafood processing on Tract 18A is an established, historical use which, typical of most processing plants along Kodiak's waterfront, developed over a number of years without adequate parking. Parking is "grandfathered" since current code requirements for number of parking spaces and related parking development standards are not satisfied. ' Structural development covers most of the property, leaving only a minimal . area- for vehicles. The historical on-site parking deficiency will be improved by the six (6) parking spaces required to replace "grandfathered" parking eliminated by new construction and four (4) parking spaces required for new construction, all of which will conform to parking area developraent standards with the exception, as requested here, of aisle width. Z Minutes: April 19,2040 Page 9 of }.5 17.66.050 A.2.Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships. Without this variance, new construction to upgrade plant operations, include safety features related to ammonia refrigeration, would not be possible. Nor would on-site parking improvements be possible creating ten (10) spaces substantially conforming with parking area development standards in areas made available by demolition of old structures. Seafood processing on this marine industrial tract would not be economically viable without these improvements. 17.66.050 A.3,The granting of the variance will not result in material damages or prejudice to othe properties in the vicinity nor be detrimental to the p_ublic's health. safety and welfare. While construciion activity related to renewed processing operations has disrupted residential life in the nearby neighborhood, that disruption is diminishing as construction winds down. In the long term, granting this variance request should result in. a better parking and traffic situation since more parking spaces conforming to parking area development standards will be available when demolition of old structures is completed. The applicant has also undertaken measures voluntarily to mitigate negative parking and traffic impacts such as in- house enforcement of street parking, cooperative parking arrangement with a neighboring plant with excess space, and possibility of bussing workers from the ferry dock. 17.66.050 A.4.The granting of the variance will not be eentrary to the objectives of theComprehensive Plan. The 1968 orough Comprehensive Plan designated this area as light industrial. The granting of the variance will not be contrary to the plan's objectives. 17.66.050 A.5.That actions of the applicant did not cause special conditions or financial hardship from which relief is being sought by the variance. The location of existing building,g and an electrical transformer dictates aisles width to access the newly created parking area made available by demolition of an old cannery building. The applicant is dealing with the constraints of a long established industrial tract substantially covered by structures, .development issues which were decided 20-30 years ago. Current efforts should improve the parking situation on the property. 17.66.050 A.6.That the granting of the variance will not permit a prohibited land Use in the distrWITYPIvel. Seafood processing is a permitted use in the I-Industrial zoning district. P & Z Minutes: April 19.2000 Page 10 of 16 Kodiak Island Borough Community Development Department 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486 -9363 Fax (907) 486 -9396 www.kib.co.kodiak.ak.us FAX COVERSHEET From: Martin Lydick, Associate Planner _Code Enforcement 907 486 9361 (907) 486 -9333 To: T.P. Hennessey 914254511067 0797 This fax is 10 pag es, not including this coversheet Responding to your fax 08/19/03 RE: Var #00 -003 Public hearing closed: Regular session opened. COMMISSIONER RAZO felt that the CUP request is a permitted item under the Pasagshak/Natrow Cape Area Plan, and further felt Mr. Burton was and continues to be a "good neighbor", and that there is a need for housing in area for workers. COMMISSIONR STEWART expressed concern with environmental impact on area, and would like the request he for a two year period only. COMMISSONER STEWART MOVED TO AMEND condition of approval #1 to read as: I) This conditional use permit is issued for a maximum of neventY-s# (76) occupants and will return to the Commission for review in two (2) years with intent of approval for five (5) years (by April 19, . 2065. COMMISSIONER RAZO felt that if CUP was approved for only two years then effectively it would not be feasible for the applicant. COMMISSIONER STEWART withdrew his amended motion. COMMISSIONER LINDSEY expressed that the set up of'facility would be in control of Mr. Burton's hands, and since Mr:Burton had demonstratedhis ability to be a good steward of the land for all to see therefore Mr. Burton would be the first impacted if any negative impact would occur. The question was called and the motion CARRIED by unanimous roll call vote. Case 00-003. Request for a variance, in accordance with KIBC Section 17.57.080.H:1. Parking Spaces and Dimensions, to permit twenty (20) foot wide aisle widths instead of the required twenty-four (24) foot widths for the required party on Tract 18-A, ATS 49.- 800 Marine Way East. BOB SCHOLZE indicated twenty-nine (29) public hearing notices were mailed for this case. Staff further reported that this request meets all the conditions necessary, as reflected in the "Findings of Fact" for a variance to be granted under Chapter 17.66 (Variance) of the Borough Code. Staff also recommended that the deadline for completion of required parking improvements on Tract 18A be extended as appropriate and as specified in Motion #2. It was further recommended that a condition of approval be added requiring that the two (2) pipe supports adjacent to the newer (northerly) cannery building, near the entrance P Z Minutes: April 19.2000 Page 8 of 16 rear of refer van Chevy Sub parked in designated manuevering -- MLY3F424A3754D6 4:03 PM 8/19/2003 Transmission Record Sent to: T.P. Hennessey Phone: 914254511067 0797 Billing information: " " Remote ID: 1 Unique ID: "MLY3F424A3754D6" Elapsed time: 7 minutes, 48 seconds. Used channel 0. No ANI data. No AOC data. Resulting status code (0/339; 0/0): Success Pages sent: 1 - 11 • • The motion was SECONDED by COMMISSIONER STEWART. Regular session closed. Public hearing opened: Walter Johnson-concemed citizen; Mr. Johnson was opposed to any extension of deadline until applicant has cleaned up area and can provide adequate parking for building. Mr. Johnson encouraged the commission to set a definite deadline for parking compliance before allowing approval of the variance. Anne Kalcic-Property owner: Ms. Kalcic requested that the commission pick a date seriously for parking to be provided: Ms. Kalcic expressed concern that building has not been tom down to provide the parking needed. She further suggested that part of the parking problem for the neighbors would be solved with the applicant providing transportation by bus for the workers. COMMISSIONER LINDSEY questioned Ms. Kalcic on what she thought was an adequate time frame, considering the allowances that have been granted? Ms. Kalcic responded by encouraging the commission to picking a date and adhere to it. CHAIR SF.T AG questioned Ms. Kalcic on her thoughts of the road entrance and exiting of Tagura Road and her participation when the City presented a plan for that area. Ms. Kalcic replied that Global uses half of the road itself half of the right-of-way to park their vehicles, and expressed that the applicant has not been a good neighbor to any of the residents in the area. Gerald Ensley,_Manager. Global Seafoods: Mr. Ensley clarified that the common wall does not belong to ISA but to Global Seafoods. Mr. Ensley concurred with conditions but encouraged the commission to decide on a deadline date, and by attorney request, Mr. Ensley requested a 60 day extension but would be willing to live with whatever time the commission decided upon. Mr. Ensley informed the commission that at his expense he would have the driveway columns redesigned to that they can be removed, and that this would be done within a week. Lacey Berns-Neighborhood resident: Ms. Berns expressed that her lot has been the most impacted in terms of the parking overflow from the processing plant, and the noise during the night from workers leaving the plant. Ms. Berns requested that a short term solution be done such as workers parking their cars downtown and walking to the plant Public hearing closed: Regular session opened: P.& Minutes: April 19, 2000 Page 11 of 16 n 11/ The question was called and the motion CARRIED by roll call vote. Commissioner Himes voted 'he. . COMMISSIONER BELL MOVED TO FORMALLY ESTABLISH an extended deadline of June 15, 2000 for completion of the ten (10) required parking spaces on Tract 18A according to the parking plan updated on April 19, 2000, or to otherwise satisfy this parking requirement as prescribed by code. This motion is made with the applicant's understanding that failure to install this required parking on by June IS, 2000, consistent with all applicable parking development standards, will result in immediate zoning enforcement action through the Borough attorney. The motion was SECONDED by COMMISSIONER STEWART. Mr. Ensley suggested and asked the commission to change the June 15 deadline date to June 1. Mr. Ensley said that he would guarantee the he.would hire one extra person to patrol the parking situation per shift, with that person's job designation to keep the parking in line. COMMISSIONER BELL MOVED TO AMEND MOTION NUMBER TWO to establish an extended deadline of 6-1 instead of 6-15-00. The amended motion was SECONDED by*COMMISSIONER STEWART. The question was called and the amended motion number two CARRIED by roll call vote. Commissioner Oswalt, Commissioner Lindsey, and' Commissioner Himes voted "no". . Chair Selig declared a recess at 9:10 p.m. Called back to order at 9:20 p.m. VH. • OLD BUSINESS A) _ Case 930-003. Request for Planning and Zoning Commission review, in. accordance with KIBC Section 17.21.050.C. Screening, of proposed screening between the business use on Lot 4, Alagnak Acres, and the residential district on Lot 3, Alagnak Acres. 173 Island Lake Road. BOB SCHOLZE reported that screening is for in between the residential lots and the business use adjacent. Fencing would be done at time of the sale of the lot or when construction begins on the lots. Staff recommended approval of the proposed screening. P & Z Minutes: April 19, 2000 Page 12 of 16 s Kodiak Island Borough SUPPLEMENTAL MEMORANDUM DATE: April 19, 2000. TO: Planning and Zoning Commission FROM: Community Development Departmen SUBJECT: Tnfonnation for the April 19, 2000 Regular Meeting' Public Hearing Item VI -D CASE: 00 -003 APPLICANT: Global Seafoods-Kodiak,.LLC REQUEST: A variance, in accordance with KIBC Section 17.57.080.H.1 -- Parking Spaces and Dimensions, to permit twenty (20) foot wide aisle widths instead of the required twenty -four (24) foot widths on Tract 18A, ATS 49. LOCATION: 800 Marine Way East ZONING: I- Industrial COMMENTS Last week's staff report is supplemented here by an updated site plan dated April 19, 2000, eliminating some of the aisle (between existing cannery buildings) to which the variance would apply,if granted. As a result, the variance would apply only to the area indicated by cross hatching. The eight (8) most relevant photos submitted at last week's packet review have also been copied and included. Photos #1 and #2 show two (2) pipe supports adjacent to the newer (northerly) cannery building near the entrance to the upstairs offices. They create a bottleneck effectively reducing aisle • width to seventeen (17) feet at that point. Since the variance request is for a minimum width of twenty (20) feet, these pipe supports will have to be either removed or re- engineered. to achieve at ground level twenty (20) foot unobstructed width for reasonable two -way vehicle passage in order for the variance to be valid. This has been added as a recommended condition of approval. • A site visit this afternoon revealed that, while there were thirteen (13) vehicles variously parked in front of the buildings on Tract 18A, either on the property,or at the 'side of the road, demolition of the old cannery building necessary to install parking spaces #4 through #9 has not yet begun. This has apparently been complicated by a common wall shared by the building to be demolished and the building on the adjacent Case 00 -003 /Supplemental Memorandum Page I of 3 P& Z .April 29, .2000 Public Hearing item VI -D property (Tract 16B), as evidenced by the attached exchange of letters between attorneys. Obviously, the April 20th deadline will not be met. If the Commission is willing to establish a specific extended time frame for completion of required parking improvements on Tract 18A, a second motion is suggested. In specifying by motion an extended deadline as part of this action, the Commission will, in no uncertain terms, place the applicant on notice that zoning enforcement action will be .initiated immediately through the Borough Attorney, potentially leading to a stop -work order and plant closure, if the extended deadline is not met. Recornmended motion #2 will serve this purpose. RECOMMENDATION Staff believes that this request meets all the conditions necessary, as reflected in the "Findings ofFact" for a variance to be granted under Chapter 17.66 (Variance) of the Borough Code. Staff also recommends that the deadline for completion of required parking improvements on Tract 18A be extended as appropriate and as specified in Motion #2. It is father recommended that a condition of approval be added requiring that the two (2) pipe supports adjacent to thenewer (northerly) cannery building, near the entrance to the upstairs offices, which create a bottleneck effectively seducing aisle width to seventeen (17) feet. at that point, be either removed or re- engineered to achieve at ground level twenty (20) foot unobstructed width for reasonable two- wayvehicle passage APPROPRIATE MOTION #1 Should the Commission agree with the staff recommendation, the appropriate motion is: Move to grant a variance, in accordance with lClBC Section 17.S7.080.H..1-Parking Spaces and Dimensions, to permit twenty (20) foot wide aisle widths instead of the required twenty -four (24) foot widths on Tract 18A, ATS 49, subject to the condition of approval contained in the staff report dated. April 11, 2000, and to adopt the findings in that staff report as "Findings of Fact" for this case. APPROPRIATE MOTION #2 Move to formally establish an extended deadline of for completion of the ten (10) required parking spaces on Tract 18A according to the parking plan updated on April 19, 2000, or to otherwise.• satisfy this parking requirement as prescribed by code. This motion is made with the applicant's understanding that failure to install this required parking on by . consistent with all applicable parking development standards, will result in immediate zoning enforcement 'action through the Borough attorney. Page 2 of 3 Public Hearing IteinVE-D CONDITIONS OF APPROVAL The ten (10) on-site parking spaces being developed in conjunction with recent construction and this variance request, as identified on the 'site plan dated April 10, 2000, must conform with the parking development standards of KIBC 17.57.080. 2. The two (2) pipe supports adjacent to the newer (northerly) cannery building near the entrance to the upstairs of-flees (ref. to photos #1 and #2), which create a bottleneck effectively reducing aide width to seventeen (17) feet at that point, be either removed or reengineered to achieve at ground level twenty (20) foot unobstructed width for reasonable two-way vehicle passage. Case 00-003/Supplemental Memorandum Page 3 of 3 P&Z April 19, 2000 rat. -y.i` 410/risx t! �, OV _.ra13 F‘ t�•,n,�INC' r/Prz 0'14011 err:I:MIS -.'"Dill Ilatile- ,J) er: v.1J085T2,1,4 ,5. id vf► +iu-E- A6,�.rz Se gloCATE1) ilI'`Y- 9.5 'T a P oss NOON ti 4151617 a `e — AA of Auod rota paoxft g'1° OPIL-Clit46 ..►• -' 1 1 c 4s6- co_003 AUG-19-2003 04:10 ----ThLOBAL SEAFOODS NA Global Seafoods North Anierica, LLC 11100 N.E. 8th St, suite 310 • Bellevue. Washington 98004 • USA Phone (425) 451-3705 • Fax (425) 451-1067 August 19, 2003 Mr. Martin Lydick Kodiak Island Borough Community Development Department 710 Mill Bay Road Kodialc, AK 99615 Via facsimile: (907) 486-9396 Dear Mr. Lydick, P.01/01 I am receipt of your August 12 letter to Cindy Mears regarding "the parking situation" and your field review of our property on August 66. So that we can better understand the problem, I was hoping you could fax me a copy of the requirements of Variance #00-003, Our plant administrator will be contacting you to discuss some ideas we think may work well to enhance the parking situation at the plant. Lastly, it appears that some of the vehicles you photographed are not connected in any way with our company; apparently one is abandoned and has been there for weeks. I look forward to your fax. Sincerely, GLOBAL SEAFOODS NORTH AMERICA, LLC homas P. Hennessey TOTAL P.01 1, Kodiak Islana Borough Community Development Department 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9363 Fax (907) 486-9396 www.kib.co.kodiak.ak.us Copy Request ,ob am requesting J copies, size g',// of ei e.6/1") t tick fr 6,9evAciae oo 3 from the Kodiak Island Borough Community Development Department. Please bill me at the following address: `c7pree_3 oeefrine 01' /o Please reference name/job number: 6 /e;&96_,/9-gr:Z:NS/V/q-E.e/4kVed9e2e.CO Signed: Date: /929aS ca 4., de k /427/ 5 'AA! N:\CD\CDTECH\LD\Microsoft Docs\Copy Request Forms.doc 7/8/03 rti rn 3220 0000. U.S. Postal Service enITIFIED MAIL RECEIPT estic Mail Only; No Insurance Coverage Pr Article Sent To: Posteg Certified Fee Retum Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fee Postmark Here /61-A3 Na7;911zejt Ci at(To be completed by mailer) S Apt PO Box No. City, State, ZIP+ 4 PS Form 3800, July 1999 See Reverse for Instructions SENDER: COMPLETh THIS SECTION • Complete items _And 3. Also complete item 4 if Restricted Delivery is desired. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. COMPLETE THIS SECTI^N ON DELIVERY A. Signature X 0 Agent 0 Addressee ved Printed Name) C. Date of Delivery 1. Article Addressed to: "1-ge4-63?) NO 0/OF 80 "r510 nooci D. Is delivery address different from iem 1? 0 Yes If YES, enter delivery address below: 0 No 3. Service Type 10-M7—Vied Mall 0 Express Mail 0 Registered 0 Retum Receipt for Merchandise 0 Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 102595-02-M-1 Kodiak Island Borough Community Development Department 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9363 Fax (907) 486-9396 www.kib.co.kodiak.ak.us NOTICE OF DEMAND CERTIFIED MAIL/RETURN RECEIPT REQUESTED RECEIPT No.: 7099 3220 0000 0475 8392 Ref: ATS 49 City Tidelands Tract 18 A / 800 E. Marine Way Applicable Zoning District: I - Industrial Global Seafoods N America LLC Attn: Cindy Mears 11100 NE 8th ST #310 Bellevue WA 98004'1:"7--,,-4,-„_.° Dear M . August 12th , 2003 In response to another �itizcn complaintkegardipi ihe parking situationn.t the property been that tii;C6inplaintlas andthafdlobal S4foods has failed 10 to comply th described abbNlie, this depapinekinducte14'field review on August 6th 20034gur fmding has terms of Varliffei*-76t: 003 (PY which?iranil'elobal Seafoodt4;eiitently the operating as a seafood processor. Previous correspondence (Notice of Violation, February 14th, 2003) placed Global Seafoods on notice that Global's failure to abide by the terms, i.e. provision and maintenance of stipulated off-street parking and maneuvering areas, of the Variance could have serious legal and financial repercussions. Please be advised that this letter constitutes a final demand for compliance with the requirements of Variance # 00 — 003. Global Seafoods must move immediately to reestablish the required off-street parking and maneuvering areas as depicted in the attached diagram. A five (5) day deadline (from the date of this correspondence) is now established for compliance. Compliance must be attained by 5:00 PM on the 19thof August 2003. IldovelDepartments1CDiENFILegallGlobal Demand Letterdoc8/12/03 Page 1 of 2 Failure to comply will result in the forwarding of this matter to Legal Counsel for prosecution and may subject the property owner to certain civil penalties. Thank-you for your attention to this matter, Martin Lydick, Associate Planner_Code Enforcement Kodiak Island Borough Community Development Department Cc: Patrick S. Car sgn,,Mpager, KodiakJsland Borough Michelle Seains. Director. evelopIept Dpartmen eViewlindings 8/07/0 letter 2/14/03 IldovelDepartmentsICDENFILegalleobal Demand Letter doc8/12/03 Page 2 of 2 Kodiak Island Borough Community Development Department 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9363 Fax (907) 486-9396 www.kib.co.kodiak.ak.us AUTHORIZATION TO REQUEST LEGAL ACTION Date: August 7th, 2003 Department: Community Development Department Firm: Jamin, Ebell, Schmitt & Mason 323 Carolyn Street Kodiak, AK 99615 Fax: .486-6112 Description of Request: The Kodiak Island Borough requests the assistance of Borough attorney in obtaining compliance with the terms of Variance (Case # 00 — 003, 4 April, 2000) granted to Global Seafoods N America LLC. Variance from required off-street parking contingent_upon property owner providing, and maintaining for the use of its' employees, minimally required off-street parking. Background Summary: Property owner was initially notified of violation April 27th, 2001. Property owner was notified of 2nd violation February 14th, 2003. Staff responded to citizen complaint filed August 6th, 2003. Field review on the morning of August 7th, 2003 verified that property owner was again in violation of the requirement to maintain off-street parking. Despite property owner's protests to the contrary, property owner has been incapable of operating within the limits set forth in Variance — Case #00 — 003. Attached are copies of supporting documentation. Staff requests that the Borough Attorney commence legal proceedings as soon as possible, in order to gain compliance with the terms of Variance (Case #00 — 003). If you have any questions, or need additional information, please call Martin Lydick, Associate Planner at 486-9361. IldovelDepartmentsICDIENFILegallGlobal Senfoods.doc8/7/2003 AUTHORIZATION TO REQUEST LEGAL ACTION ATS 49 City Tidelands Tract P— 18A Requesting Staff Borough Manager Department Head Purchasing Agent IldovelDepartments1CDIENFILegaGlobal Seafoods.doc8/7/2003 Page 2 of 2 Kodiak Island Borough Community Development Department 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9363 Fax (907) 486-9396 www.kib.co.kodiak.ak.us AUTHORIZATION TO REQUEST LEGAL ACTION Date: August 7th, 2003 Department: Community Development Department Firm: Jamin, Ebell, Schmitt & Mason 323 Carolyn Street Kodiak, AK 99615 Fax: 486-6112 Description of Request: The Kodiak Island Borough requests the assistance of Borough attorney in obtaining compliance with the terms of Variance (Case # 00 — 003, 4 April, 2000) granted to Global Seafoods N America LLC. Variance from required off-street parking contingent upon property owner providing, and maintaining for the use of its' employees, minimally required off-street parking. Background Summary: Property owner was initially notified of violation April 27th, 2001. Property owner was notified of 2nd violation February 14th, 2003. Staff responded to citizen complaint filed August 6th, 2003. Field review on the moming of August 7th, 2003 verified that property owner was again in violation of the requirement to maintain off-street parking. Despite property owner's protests to the contrary, property owner has been incapable of operating within the limits set forth in Variance — Case #00 — 003. Attached are copies of supporting documentation. Staff requests that the Borough Attorney commence legal proceedings as soon as possible, in order • to-gain compliance with the tdrms of Variance (Case #00 — 003). If you have any questions, or need additional information, please call Martin Lydick, Associate Planner at 486-9361. ildovelDeparimentsiCDIENFtLegallGirobal Seafoods.doc8/7/2003 AU71.‘.;RIZATION TO REQUEST LEGAL,ITION ATS 49 City Tidelands Tract P — 18A Requesting Staff Borough Manager Department Head Purchasing Agent IldovelDeparanentsICDENFILegallGlobal Seafoods.doc8/7/2003 Page 2 of 2 6uIssaJo.1d existing building n //7 ' ' ' '^. ' '- yy//�yyy�� /////// -� / � [� .� � ^� 18/07/03: these spaces unavailable M U new rePr|g b(d'g a6o.iol.s aiwomo17D #800 E. Marine Way Tideland Tract 18-A 8/07/03: this area used for parkin Parking spaces 1 thru 10 must remain clear & unobstructed, available for parking 24 hours a day; inuddition, the mane- uvering area must also" remain unobstructed to allow for vehiciuiur in- gress & egress. 8/07/03: these spaces unavailable ( 1 ' 20 scale) typical parking space 2/10/03 Field Review: Spaces 1 thru 10 not available Maneuvering area not available Clear alley way obstructed Global Seafoods / #800 E. Marine Way Photos 8/07/03 in response to complaint re: inadequate prk'g 8/06/03 Figure 1: refer van parked in spaces 1 thru 3 NACEAENF\Property Files\NoV2003\Global Seajoods&Global Pies 8_7_03.doe Figure 2: 7 of 8 vehicles parked in req'd manuvering area Kodiak Island, Alaska Taxpayer Information 8/07/03 14:18:44 (7) 1 - Taxpayer. TIC 1 go: 2572 1, il,■111•1 ilit.,■■*. 1114 Last Name Company Name: ttAroblYs' M AMERICA LLC First Name(s)- ......–......•. Mailing Address: ATTN1:"CINbY 'SEARS 11100 NE 8TH ST #310 c,j..ty, BELLEVUE State: WA 7.4/cppptry:, 98004 AAAAAAAAAAAA Format: R 101111 Sot ATS 49 TR P-18A 711■1111111. IC20—P1ease enter TIC number and data selection and press desired function F1=Add F2=Change F3=Exit F4=Prompt F7/F8=Scroll F24=More Keys Kodiak Island Borough Community Development Department 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486 -9363 Fax (907) 486 -9396 www.kib.co.kodiak.ak.us NOTICE OF VIOLATION CERTIFIED MAIL/RETURN RECEIPT REQUESTED RECEIPT No.: 7099 3220 0000 4455 5074 Ref: ATS 49 City Tidelands Tract 18 A / 800 E. Marine Way Applicable Zoning District: I - Industrial Zoning District Global Seafoods N America, LLC Attn: Oleg Nikitenko 11100 NE 8TH ST #310 Bellevue, WA 98004 Friday, February 14, 2003 The„�Comniunity Development Department has become aware that Global, Seafoods has resumed operations after an extended hiatus at tl eilocation described above. The department has received several complaints regarding the parking situatioo l and the negative impact of employee overflow pa king on thersidents living in the `area Specifically, the complaints state that Global Seafoods hasa-iEl'ed to maintain the :required off-street parking. Global Seafoods is operating at the location above with the grant of a variance (Case 00 — 003 April 2000) from required parking as outlined in the Kodiak Island Borough Code Title 17 — Zoning. The variance was granted with the stipulation that a certain number of off - street parking spaces must be maintained and available for employee needs. Our field investigation on the morning of February 10t1i, 2003, discovered that none of the required spaces were available. In addition, the required maneuvering area(s) and required clear alley way were severely obstructed. (A diagram depicting the area requirements stipulated by the variance is included with this correspondence for your reference.) With authority found in KIBC 17.75.010 [Administrative enforcement action] which reads in part, ...The zoning officer may order... The discontinuation of unlawful uses of land or structures; ... Therefore, according to standard policy, a thirty (30) day deadline is now established by administrative decision for you to abate this violation. \ \Dove \Users\mlydick \word\Zoning Violations\NoV2003\NoV Gobal Seafoods.doc2 /14/03 Page 1 of 3 Global Seafoods must comply with the off - street parking requirements and other pertinent directives as contained in the Variance granted April 2000 (Case 00 — 003), and remain in compliance as long as the property is utilized for the purpose of seafood processing. Failure to comply with the requirements of the Kodiak Island Borough Code may subject the property owner to certain civil penalties. Per KIBC 17.75.030 [Penalties and remedies] A. A person who violates any provision of this title, an order issued under subsection 17.75.010(A) of this chapter or any term or condition of a conditional use, variance or other entitlement issued under this title, is guilty of a misdemeanor and upon conviction is punishable by a fine of not more than three hundred (300) dollars, in addition to the surcharge required to be imposed under AS 12.55.039. B. C. Each act or condition violating this title, any order issued under subsection 17.75.010(A) of this chapter, or any term or condition of a conditional use, variance, or other entitlement issued under this title, and each day during which the act or condition exists, continues, or is repeated, shall be a separate and distinct violation. In the event thatg you disagree with this determination, n� Ave certain rights of appeal. 17.90.020 [Commencement of appeal — Stay] A. A decision of the community development department director is final unless appealed to the Planning and Zoning Commission within ten (10) working days of receipt of notification of the decision. B. An appeal is commenced by filing with the community development department a written notice of appeal, specifically stating the reason for the appeal, the relief sought, and payment of the appropriate fee ($150.00). Upon commencement of an appeal, the decision appealed from is stayed until the decision on appeal becomes final. \\ Dove \Users \mlydick \word\Zoning Violations\NoV2003\NoV Gobal Seafoods.doc2 /14/03 Page 2 of 3 Thank -you for your attention to this matter, Martin Lydick, Associate Planner- Code Enforcement Kodiak Island Borough Community Development Department Cc: Duane Dvorak, Acting Director, KIB / CDD Patrick S. Carlson, Manager, KIB KIB Planning & Zoning Commission Fire Marshall Complainant G. Ensley via email: akcod @ptialaska.net File. Enc: ACAD.dwgof approved parkmg Digital photographs. \ \ Dove \Users \mlydick \word\Zoning Violations \NoV2003\NoV Gobal Seafoods.doc2 /14/03 Page 3 of 3 existing building 8 7 6 5 buissaao.id maneuvering area V/t 1C new refrig bld'g algDMO11O m 0 -5 Q CO (o #800 E. Marine Way Tideland Tract 18 -A Parking spaces 1 thru 10 must remain clear & unobstructed, available for parking 24 hours a day; inaddition, the mane- uvering area must also remain unobstructed to allow for vehiclular in- gress & egress. ( 1 20 scale) typical parking space 2/10/03 Field Review: Spaces 1 thru 10 not available Maneuvering area not available Clear alley way obstructed Global Seafoods / 800 E. Marine Wa Parking Violation 02/10/03 Pic: 1: "3" reserved prk'g spaces for maintenance all located in ROW Pic: 2: -3 req'd prk'g spaces filled by strg & equip \ \Dove \Users \mlydick \word\Zoning Violations \NoV2003 \Gobal Pics.doc2 /10/2003 Page 1 of 3 Global. Seafoods / 800 E. Marine Way Parking Violation 02/10/03 Pic: 5 (above) & 6 (below) Req'd maneuvering area used for strg \\ Dove \Users \mlydick \word\Zoning Violations \NoV2003 \Gobal Pics.doc2 /10/2003 Page 3 of 3 Kodiak Island Borough • Community Development Department 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9363 FaX (907) 486-9396 April 27, 2001 NOTICE OF VIOLATION Certified Mail/Return Receipt Requested Receipt Number: 7099 3220 0000 4455 5999 Global Seafoods Kodiak, LLC Mr. Gerald B. Ens ley 800 Marine Way East Kodiak, AK 99615 Ref: ATS 49 Tideland Tract 18A Variance Request Case 00-003 Dear Mr. Ens ley, As a result of complaints received by the Community Development Department regarding continuing parking problems, we have recently conducted several site inspections of the property referenced above. The site visits verified that the complaints were merited. • Case 00-003, Variance Request, was granted by the Planning and Zoning Commission contingent upon the establishment and continued availability of ten (10) off-street parking spaces and unimpeded maneuvering area associated with the designated parking spaces. Subsequent to- the granting of this request, a recalculation of the required number of parking spaces, in light of less than anticipated development, determined that space number ten (10), was not required at this time. For your continued reference, a diagram of the designated parking spaces, associated maneuvering area, and location on the property is included with this notice. As stated above, site visits have established that anywhere from 4 to 6 of the designated off-street parking spaces and the required maneuvering area have been allocated to outdoor storage in violation of the granted variance request. The availability of nine (9) parking spaces must be maintained twenty-four (24) hours a day, seven (7) days a week. FILE COPY N:\CD\ENF\word\Zoning Violations\Advisories\GlobalSeafoods042701.docl By administrative decision, a five (5) day deadline is now established for you to remove all items now stored on, and about, the designated parking spaces. Failure to comply with the requirements of the granted variance may result in the rescission of the variance and the forwarding of this file to legal counsel for further enforcement action. Thank-you for your attention to this matter, Martin Lydick, Associate Planner-Enforcement Cc: Duane Dvorak, Director, CDD Cc: Complainant Cc: File enclosures (1) N:\CD\ENF\word\Zoning Violations\Advisories\Global'Seafoods042701.doc2 9.0000 prk'g space dim(s) 18.0000 7 6 manuvering area 4 3 1 Parking spaces 1 thru 09 must remain clear & unobstructed, available For parking 24 hours •a day; inaddition, the man- uvering area must also remain unobstructed to allow for vehicular in- gress & egress. 800 East varine Way Tioelan Tract 18A Kodiak Island Borough Community Development Department 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486 -9363 Fax (907) 486 -9396 www.kib.co.kodiak.ak.us AUTHORIZATION TO REQUEST LEGAL ACTION Date: August 7th, 2003 Department: Community Development Department Firm: Jamin, Ebell, Schmitt & Mason 323 Carolyn Street Kodiak, AK 99615 Fax: 486 -6112 Description of Request: The Kodiak Island Borough requests the assistance of Borough attorney in obtaining compliance with the terms of ari ce„ ,(Case # 00 003, 4,4\pril, 2009) granted to Global Seafood N America LLC anance from required off- street parking eontingentk upon property owner' providing, an maintaining for the use of its' employees, mr mall =yarequired off street,parking. Background ummary: Property owner was initially notified of viol tion April�27t"; 2001. Property owner was notified of 2 violation February 14th, 2003,. Staff esponded toAc tizen complaint filed ugust 6th, 2003. Field review ilie morning of Aug st77 003 verified hat property owner was again in violation of the requirement to maintain off - street parking. Despite property owner's protests to the contrary, property owner has been incapable of operating within the limits set forth in Variance — Case #00 — 003. Attached are copies of supporting documentation. Staff requests that the Borough Attorney commence legal proceedings as soon as possible, in order to gain compliance with the terms of Variance (Case #00 — 003). If you have any questions, or need additional information, please call Martin Lydick, Associate Planner at 486 -9361. IldovelDepartmentslCDIENFILegallGlobal Seafoods.doc8 /72003 Page 1 of 2 AU5 __RIZATION TO REQUEST LEGAL` "TION ATS 49 City Tidelands Tract P —18A Requesting Staff Borough Manager Department Head Purchasing Agent IldovelDepartments \CDIENFILegallGlobal Seafoods.doc8 /7/2003 Page 2 of 2 3 OUISSaDO,Ad 0 3 existing building 9 6 maneuvering /01/ 4 7_/07/03: these spaces unavailable 10 new refrig bldig a6osAo4.5 amomolvo #800 E. Marine Way Tideland Tract 18-A 8/07/03: this area used for parkin Parking spaces 1 thru 10 must remain clear & unobstructed, available for parking 24 hours a day; inaddition, the mane- uvering area must also remain unobstructed to allow for vehiclular in- gress & egress. 8/07/03: these spaces unavailable 9 . ( 1 20 scale) typical. TParking space 2/10/03 Field Review: Spaces 1 thru 10 not available Maneuvering area not available Clear alley way obstructed Global Seafoods / #800 E. Marine Way Photos 8/07/03 in response to complaint re: inadequate prk'g 8/06/03 ri�,lcif Figure 1: refer van parked in spaces 1 thru 3 N:\CD^ENF\Properry Files\NoV200AGlobal Seafoods?Global Pies 8_7_03.doc 1 Figure 2: 7 of 8 vehicles parked in req'd manuvering area 8/7/2003 Kodiak Island, Alaska TIC No: Taxpayer Information 2/12/03 14:38:34 2572-6ata : 1 1 - Tax r paye '--- Tnq 2 '- Prope,rty, Last Name /Companyy N ame: ' ' GLO$AL 'StAFOO S. AM ERICA LLC First Name(s) Mailing Address: A`I' :' 'C'INVY' 'S'EARS 11100 NE 8TH ST #310 City:, BELLEVUJE State,:, WA Zi.ID, /Country: 98004 Carrier Route: AAAAAAAAAAAA Format.:, R X2'1'10 0'0'0'0 3'9'0" " " " " " " " " " " " ' Short Legl ATS 49 TR P -18A " 'T'I'C'20 'P'lease enter TIC number and data selection and press desired function F1 =Add F2= Change F3 =Exit. F4= Prompt F7 /F8= Scroll F24 =More Keys 8/6/2003 St'Address:_ 800 E. Marine Way Legal Descpt `. City Tidelands Tract 18 -A GLOBAL SEAFOODS N AMERICA LLC 425 451 3705 PO Address 11100 N.E. 8th St., Suite 310, Bellevue, WA 98004 Parking violations: designated off - street spaces not available to employees Ann Kalcic 8/7/2003 complaint merited; property owner in violation of required off - street parking spaces file & field rvw - including photos 08/07/03; repeating violation; draft request for legal action seeking court order to abate / or in the altemative to order suspension of operations for violating terms of variance ref: Case 00 - 003 4 April 2000. Date Closed! 8/7/2003 Global ieafoods North America, LLC 11100 N.E. 8th St, Suite 310 • Bellevue, Washington 98004 • USA Phone (425) 451 -3705 • Fax (425) 451 -1067 FEB RECEM 21 2003 COMMUNITY DEVELOPMENT DEPARTMENT February 20, 2003 Mr. Martin Lydick, Associate Planner, Code Enforcement Kodiak Island Borough Community Development Department 710 Mill Bay Road Kodiak, Alaska 99615 Mr. Lydick: Global Seafoods will endeavor to be in compliance at all times, we are making ever effort to comply with our variance. As you know we were not in operation for the past 18 months and have only just began operations again in January of this year. We currently have a staff of 15 employees and have instructed all of them about the parking requirements of the variance. In the pictures you sent you show 2 vehicles parked incorrectly where there should be 10 spaces, also you show some equipment being stored in the places designated for parking. At the time those pictures were taken there were only 4 employees working, it would seem that if there are only a 2 vehicle places required the remaining may be used as needed for other uses. We realize that the alley way is a fire lane and can assure you that there will not be any vehicles parked in that area in the future. As we continue to bring the operation up to maximum capacity, we will do everything we can to remain in compliance with our variance. We are currently negotiating with a third party to provide our employees a suitable parking area close to the plant. Regards, Oleg Nikitenko President Global Seafoods North America LLC U.S. Postal Service CERTIFIED MAIL RECEIPT ( 'estic Mail Only; No Insurance Coverage Pro.) Article Sent To: • Postage u-7 ▪ • Certified Fee Retum Receipt Fee CZ (Endorsement Requfrec C7.1 Ej Restricted Delivery Fee cm (Endorsement Requlrodj Total Postage & Fees ru rn u- Er r- Nam Ilia Pr! C n completed by mailer) .; or PO Box No. City, State, ZIP+ 4 Postmark Here 3 PS Form 3800, July 1999 SENDER: COMPLETE THIS SECTION, 1 ' • Complete items 1, d 3. Also complete item 4 if Restricted Delivery is desired. ' • Print your name and address on the reverse so that we can return the card to you. , • Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: 6/ok51 6 S NCO '<re 73 '43/0 8eiwe /at') Moot/ See Reverse for Instructions COMPLETE THIS SECTION ON DELIVERY A. Received by (Please a ,,learly) B. Da of delivery C. Signature X 0 Agent 0 Addressee . Is elivery address different from item 1? 0 Yes ES, enter delivery address below: 0 No 3. Servictiype IRt.%rtified Mail El Registered 0 Insured Mail O Express Mail O Return Receipt for Merchandise O C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number Cp,019 (Transfer from skate!! jepV0 co W55- 5-407‘f PS Form 3811, March 2001 Domestic Return Receipt 102595.01-M-1424 Kodiak Island Borough Community Development Department 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486 -9363 Fax (907) 486 -9396 wwvv.kib.co.kodiak.ak.us NOTICE OF VIOLATION CERTIFIED MAIL/RETURN RECEIPT REQUESTED RECEIPT No.: 7099 3220 0000 4455 5074 Ref: ATS 49 City Tidelands Tract 18 A / 800 E. Marine Way Applicable Zoning District: I - Industrial Zoning District Global Seafoods N America, LLC Attn: Oleg Nikitenko 11100 NE 8TH ST #310 Bellevue, WA 98004 Dear Mr. Nikiteriko, Friday, February 14, 2003 TherCommunity Development Department has becoi me aware. that Global` Seafoods has resumed operations after an extended hiatus at the location scrl?bed above. The :,department has t i f 'I k .• r 11 received several complaints regarcing the parkingtsituation and the negative impact of employee overflow parkins on the residents living in h e'area Specifically, the complaints state that Global Seafoods: hasrfailed to maintain�tl e required.of street parking. _.4 Global Seafoods is operating at the location above with the grant of a variance (Case 00 — 003 April 2000) from required parking as outlined in the Kodiak Island Borough Code Title 17 — Zoning. The variance was granted with the stipulation that a certain number of off - street parking spaces must be maintained and available for employee needs. Our field investigation on the morning of February 10th, 2003, discovered that none of the required spaces were available. In addition, the required maneuvering area(s) and required clear alley way were severely obstructed. (A diagram depicting the area requirements stipulated by the variance is included with this correspondence for your reference.) With authority found in KIBC 17.75.010 [Administrative enforcement action] which reads in part, ...The zoning officer may order... The discontinuation of unlawful uses of land or structures; ...Therefore, according to standard policy, a thirty (30) day deadline is now established by administrative decision for you to abate this violation. \\ Dove \Users\mlydick\word\Zoning Violations\NoV2003\NoV Gobal Seafoods.doc2 /14/03 Page 1 of 3 Global Seafoods must comply with the off - street parking requirements and other pertinent directives as contained in the Variance granted April 2000 (Case 00 — 003), and remain in compliance as long as the property is utilized for the purpose of seafood processing. Failure to comply with the requirements of the Kodiak Island Borough Code may subject the property owner to certain civil penalties. Per KIBC 17.75.030 [Penalties and remedies] A. A person who violates any provision of this title, an order issued under subsection 17.75.010(A) of this chapter or any term or condition of a conditional use, variance or other entitlement issued under this title, is guilty of a misdemeanor and upon conviction is punishable by a fine of not more than three hundred (300) dollars, in addition to the surcharge required to be imposed under AS 12.55.039. B. C. Each act or condition violating this title, any order issued under subsection 17.75.010(A) of this chapter, or any term or condition of a conditional use, variance, or other entitlement issued under this title, and each day during which the act or condition exists, continues, or is repeated, shall be a separate and distinct violation. In the event that you disagree with this determination, you ave certain rights of appeal. 17.90.020 [Commencement of appeal — Stay] A. A decision of the community development department director is final unless appealed to the Planning and Zoning Commission within ten (10) working days of receipt of notification of the decision. B. An appeal is commenced by filing with the community development department a written notice of appeal, specifically stating the reason for the appeal, the relief sought, and payment of the appropriate fee ($150.00). Upon commencement of an appeal, the decision appealed from is stayed until the decision on appeal becomes final. \ \Dove \Users mIydick \word\Zoning Violations\oV2003 \NoV Gobal Seafoods.doc2 /14/03 Page 2 of 3 Thank-you for your attention to this matter, Martin Lydick, Associate Planner_Code Enforcement Kodiak Island Borough Community Development Department Cc: Duane Dvorak, Acting Director, KIB / CDD Patrick S. Carlson, Manager, KIB KIB Planning & Zoning Commission Fire Marshall Complainant G. Ens ley via email: akcod@ptialaska.net File. V 77 Enc: ACAD.dvigibf approved parkirrgPlan Digital photographs. ,11 \\Dove\Users\rnlydick\word\Zoning Violations\NoV2003\NoV Gobal Seafoods.doc2/14/03 Page 3 of 3 ro x 0 -5 0 n Lri existing building 9 8 7 6 new refrig bld'g #800 E. Marine Way Tideland Tract 18-A Parking spaces 1 thru 10 must remain clear g< unobstructed, available for parking 24 hours a clay; inaddition, the mane- uvering area must also remain unobstructed to allow for vehiclular in- gress & egress. ( 1 20 scale) typical parking space 2/10/03 Field Review: Spaces 1 thru 10 not available Maneuvering area not available Clear alley way obstructed Global Seafoods / 800 E. Marine WayJ' Parking Violation 02/10/03 Pic: 1: "3" reserved prk'g spaces for maintenance all located in ROW Pic: 2: 3 req'd prk'g spaces filled by strg & equip \\Dove \Users \mlydick \word\Zoning Violations \NoV2003 \Gobal Pics.doc2 /10/2003 Page 1 of 3 i Global Seafoods / 800 E. Marine Way Parking Violation 02/10/03 Pic: 3 "2" vehicles parked in req'd clear alleyway Pic: 4 Equip & materials parked in "6" req'd spaces / "2" vehicles parked in req'd maneuvering area \ \Dove \Users \mlydick \word\Zoning Violations \NoV2003 \Gobal Pics.doc2/1 0/2003 Page 2 of 3 Global Seafoods / 800 E. Marine Way Parking Violation 02/10/03 4=0— -4:4‘'2,zt ?Weglaktrii;:r41! Pic: 5 (above) & 6 (below) Req'd maneuvering area used for strg X4,41.4 4:41,5,14, titif '42'::f&.• \\Dove \Users \mlydick\wordkZoning Violations NoV2003 \Gobal Pics.doc2/10/2003 Page 3 of 3 Kodiak B -4 Quad Martin Lydick From: Ann and Vito [boatlift @ptialaska.net] Sent: Thursday, February 13, 2003 11:41 AM To: Martin Lydick Subject: Re: Parking Dear Martin, You may want to send your letter anyway, and give them a chance to read it. Jerry told me that the only reason the boss is going to do this is that he fears you will follow thru and shut him down. This way he can save face, which is very important, and advise you of what plans he has in the works. Thanks for the update. You should at lease send a copy to Jerry at akcod @ptialaska.net. Many thanks for your prompt attention to this problem. Anne Kalcic, AKAK 2/13/2003 Kodiak B -4 Quad Martin Lydick From: Ann and Vito [boatlift @ptialaska.net] Sent: Wednesday, February 12, 2003 6:15 PM To: Martin Lydick Subject: Re: Parking Dear Martin, Feb 12, 2003 Miracles are happening. Global moved all their old pallets stacked with rained on boxes into their parking area behind the new freezer plant today and filled their dumpster with stuff that has been around for 2 years. Gerry says that they are going to have Jim Cole begin with his crew on Saturday, tearing down the old' yellow barge to the level of the ground. Global's owner, Oleg Nikitenko, is here this week. I assume from the movement of the pallets and the hiring of Jim Cole that they are going to actually begin work on making room for parking and storage. Hooray! Anne Kalcic AKAK 2/13/2003 Global Seafoods Kodiak, LLC Mr. Gerald B. Ensley 800 Marine Way East Kodiak, AK 99615 Dear Mr. Ensley, Kodiak Island Borough Community Development Department 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486 -9363 Fax (907) 486 -9396 vvww.kodiak.co.kib.ak.us -Friday, May 11, 2001 We would like to take this opportunity to thank you for your cooperation in correcting the zoning violation of required parking on your property at 800 Marine Way East. We realize that most people are not aware of the zoning regulations of the Kodiak Island Borough until a Zoning Administrator contacts them. We do appreciate the manner in which you voluntarily corrected the problem in such a timely manner. If we can be of any further assistance or answer any question, please feel free to contact us. Thank -you for your attention to this matter, Martin Lydick, Associate Planner - Enforcement Cc: Duane Dvorak, Director, CDD Cc: P & Z Commission Cc: File FILE COPS N: \CD\ENF \word\Zoning Violations\Advisories \GlobalSeafoods050901.doc1 a- IS) 0 ru ru rn 0— U.S. Postal Service CERTIFIED MAIL RECEIPT (____,estic Mail Only; No Insurance Coverage Pro Article Sent To: Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage &Fees posHt,eark c/c4Vi, Name (Please Print Clearly) (To be completed by mailer) Street, Apt. No.; or PO Box No. City, State, ZIP+ 4 PS Form 3800, July 1999 SENDER: COMPLETE THIS SECTION '‘\ - ;.• Complete items 1 pd 3. Also complete item 4 if Restrictec., Avery is desired. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: _ 6/Oen ( /5/‘25S ge011462-0A e ceJAit Havg-k nk qi706 See Reverse for Instructions COMPLETE THIS SECTION ON DELIVERY Received by Please, CI arty, e. 0 Express Mail El Registered 0 Return Receipt for Merchandise o Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. -Article Number (Copy from service label) "70 0 cry 441,67799? , PS Form:3811, July 1999 Domestic Return Receipt '+ 102595-99-M-1789 Kodiak Island Borough Community Development Department 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9363 Fax (907) 486-9396 April 27, 2001 NOTICE OF VIOLATION Certified Mail/Return Receipt Requested Receipt Number: 7099 3220 0000 4455 5999 Global Seafoods Kodiak, LLC Mr. Gerald B. Ens ley 800 Marine Way East Kodiak, AK 99615 Ref: ATS 49 Tideland Tract 18A Variance Request Case 00-003 Dear Mr. Ens ley, As a result of complaints received by the Community Development Department regarding continuing parking problems, we have recently conducted several site inspections of the property referenced above. The site visits verified that the complaints were merited. Case 00-003, Variance Request, was granted by the Planning and Zoning Commission contingent upon the establishment and continued availability of ten (10) off-street parking spaces and unimpeded maneuvering area associated with the designated parking spaces. Subsequent to the granting of this request, a recalculation of the required number of parking spaces, in light of less than anticipated development, determined that space number ten (10), was not required at this time. For your continued reference, a diagram of the designated parking spaces, associated maneuvering area, and location on the property is included with this notice. As stated above, site visits have established that anywhere from 4 to 6 of the designated off-street parking spaces and the required maneuvering area have been allocated to outdoor storage in violation of the granted variance request. The availability of nine (9) parking spaces must be maintained twenty-four (24) hours a day, seven (7) days a week. FILE COPY N:\CD\ENF\word\Zoning Violations\Advisories\GlobalSeafoods042701.docl By administrative decision, a five (5) day deadline is now established for you to remove all items now stored on, and about, the designated parking spaces. Failure to comply with the requirements of the granted variance may result in the rescission of the variance and the forwarding of this file to legal counsel for further enforcement action. Thank-you for your attention to this matter, Martin Lydick, Associate Planner-Enforcement Cc: Duane Dvorak, Director, CDD Cc: Complainant Cc: File enclosures (1) NACMENF\word\Zoning Violations\Advisories\GlobalSeafoods042701.doc2 9.0000 prk'g space sliin(s) 18.0000 9 8 7 5 4 ruvering;IM #800 Parking spaces 1 thru 09 must remain clear & unobstructed, available for parking 24 hours o. day; inaddition, the man- uvering area must also remain unobstructed to allow for vehicular in- gress & egress. Las varine Way Tcec nal I ract 18A ' 74- Ft AC ',11.}h.lr-r-A. y./Fzz 43E3.47' i`*-1 Z sLiptoc,c3 .rc32.....,,.,a Ove:kHGA8 PliceSaa.rrai5eace I elkbom 47.7Me/5 filPetkT-7-z- 171Lisr- RE 4avE0 drFr; ,.. ,,,C4/710. ID 1....e.ve.,_ 7.1, t0 t, i 1 1/ /1697 e../ .2.0 Fr IA) oesnic wroz.,1 re7 i?e,i-soN ii.3L. veNi c.z..e_. prtss,444 1 d r deg of4 OC..4737, DR 0.2._ ray< 497Quived Ils eeceugspe. 6 i -ra ht62,-Y. bifkkiEs OiU& rb c.Rossi4e4THG ARE/9) CAtkiAleitZkie PCJ/LP/NO leP,44/ /7 zaz spae*DAP lratalWer TO ar Rah:We& no A 4tou/ fog 441emeat CANM GRY hvG dt-affe-tA Yeo—f Coe_ �-; /1-e1-71 / /, 9.0000 prk'g space 18.0000 y 7 4 rf/7//////fff/A pd//i/ Oi 0 3 Mr. Gerald Ens ley General Manager Global Seafoods Kodiak, LLC 800 Marine Way East Kodiak, AK 99615 710 Mill MILL BAY ROAD KODIAK, ALASKA 99615-6398 April 20, 2000 Re: Case 00-003. Request for a variance, in accordance with KIBC Section 17.57.080.H.1-- Parking Spaces and Dimensions, to permit twenty (20) foot wide aisle :widths instead of the required twenty-four (24) foot widths on Tract 18A, ATS 49. 800 Marine Way East. Dear Mr. Ensley: The Kodiak Island Borough Planning and Zoning Commission at their meeting on April 19, 2000, granted the variance request cited above, subject to the following conditions: 1. The ten (10) on-site parking spaces being developed in conjunction with recent construction and this variance request, as identified on the site plan dated April 10, 2000, must conform with the parking development standards of KB3C 17.57.080. 2. The two (2) pipe supports adjacent to the newer (northerly) cannery building near the entrance to the upstairs offices (ref. to photos #1 and #2), which create a bottleneck effectively reducing aisle width to seventeen (17) feet at that point, be either removed or reengineered to achieve at ground level twenty (20) foot unobstructed width for reasonable two-way vehicle passage. The Commission also passed a motion to formally establish an extended deadline of June 1, 2000 for completion of the ten (10) required parking spaces on -Tract 18A according to the parking plan updated on April 19, 2000, or to otherwise satisfy this parking requirement as prescribed by code. The motion was made with the applicant's understanding that failure to install this required parking on by June 1, 2000, consistent with all applicable parking development standards, will result in immediate zoning enforcement action through the Borough attorney. THIS APPROVAL DOES NOT ALLOW ANY CONSTRUCTION TO BEGIN. Zoning compliance and/or a building permit must first be obtained. Failure to utilize an approved Kodiak Island Borough MEMORANDUM DATE: June 2, 2000 TO: File FROM: •Bob Scholze, Associate Planner SUBJECT: Tideland Tract 18A, Parking Requirements (Case 00-003) A site inspection was conducted on May 30, 2000 to ascertain compliance with the parking requirements and deadline established by the Commission as a condition of approval of the variance request (Case 00-003). Parking spaces #1 through #9 have been installed compliant with parking area development standards as indicated on the revised plan dated April 19, 2000. Parking space #10 cannot be counted because additional width is needed at this point to achieve the twenty (20) feet required by the variance since the front most solid metal portion of the prow of the barge exposed during demolition of the wood structure of the old cannery building has not yet been cut and removed. However, since the proposed electrical room addition onto the back of the refrigeration building is not constructed and, according to the representative of Global Seafoods, will not now be needed, the nine (9) parking spaces will satisfy the requirement. Reengineering of the overhead pipe support system crossing from the cannery building behind the offices to the refrigeration building is nearly complete, allowing the pole supports to be removed for full twenty (20) foot width where necessary. When this is completed, all conditions will be satisfied for required parking for zoning compliance permit #'s CZ-99-037, CZ-99-042, and CZ-99-045, as well as for the dock canopy portion of CZ-00-010. Construction of the proposed mezzanine (voided permit CZ-99-044) and/or the proposed 9' x 24' electrical room addition (portion of CZ 00-010) onto the back of the refrigeration building can proceed only if parking spaces additional to the nine spaces identified May 30th onsite (2 spaces for the mezzanine and 1 space for the electrical room) are provided. CC: Planning and Zoning Commission Gerald Ensley, Global Seafoods Kodiak, LLC Len Kimball, Building Official Linda Freed, CDD Director existing building 9 7 6 5 4 e re<e<" nfine122:///7/7 r / 1 bu!ssapo,id -o F new refrig bldig alciomoiro 1/1 0 -5 9 co rti 3 44800 E. Marine Way Tideland Tract 18-A Parking spaces 1 thru 10 must remain clear & unobstructed, available for parking 24 hours a day; inaddition, the mane- uvering area must also remain unobstructed to allow for vehiclular in- gress ac egress. ( 1 20 scale) typical parking space 2/10/03 Field Review: Spaces 1 thru 10 not available Maneuvering area not available Clear alley way obstructed •, I Kodiak Island Borough MEMORANDUM DA1E: June 2, 2000 TO: File FROM: Bob Scholze, Associate Planner SUBJECT: Tideland Tract 18A, Parking Requirements (Case 00-003) A site inspection was conducted on May 30, 2000 to ascertain compliance with the parking requirements and deadline established by the Commission as a condition of approval of the variance request (Case 00-003). Parking spaces #1 through #9 have been installed compliant with parking area development standards as indicated on the revised plan dated April 19, 2000. Parking space #10 cannot be counted because additional width is needed at this point to achieve the twenty (20) feet required by the variance since the front most solid metal portion of the prow of the barge exposed during demolition of the wood structure of the old cannery building has not yet been cut and removed. However, since the proposed electrical room. addition onto the back of the refrigeration building is not constructed and, according to the representative of Global Seafoods, will not now be needed, the nine (9) parking spaces will satisfy the requirement. Reengineering of the overhead pipe support system crossing from the cannery building behind the offices to the refrigeration building is nearly complete, allowing the pole supports to be removed for full twenty (20) foot width where necessary. When this is completed, all conditions will be satisfied for required parking for zoning compliance permit #' s CZ-99-037, CZ-99-042, and CZ-99-045, as well as for the dock canopy portion of CZ-00-010. Construction of the proposed mezzanine (voided permit CZ-99-044) and/or the proposed 9' x 24' electrical room addition (portion of CZ 00-010) onto the back of the refrigeration building can proceed only if parking spaces additional to the nine spaces identified May 30th onsite (2 spaces for the mezzanine and 1 space for the electrical room) are provided. CC: Planning and Zoning Commission Gerald Ensley, Global Seafoods Kodiak, LLC Len Kimball, Building Official Linda Freed, CDD Director