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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
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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
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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?)
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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
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item 4 if Restrictec., Avery is desired.
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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)
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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
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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