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BROOKERS LAGOON LT 1 - Code Enforcementomplaint No ;- Property'ID , Date -Filed St Address 37392 Chiniak Hwy., Kodiak, AK.99615 Legal `DeserpY$ Prop,Oviiner: Brookers Lagoon Lot 1 Davis Parker PO Tele skybuild @msn.com 202 Main St. #1, Longmont, CO. 80501 Chiniak Angler's Lodge, LLC Unpermitted establishment & operation of tourist lodge Ernest J. Suazo C Address PO Box 5553, Chiniak, AK. 99516 2/18/2009,1, ref: www.chiniakanglerslodge.com Posted Letter of C &A.; tele w/ JD 3/15 - forwarded ZC app. Rcv'd response 4/1/09; dismissal notice date 4/3/09. Date Closed 4/3/2009 Kodiak /s /and Borough Community Development Department 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486 -9363 Fax (907) 486 -9396 www.kodiakak.us Notice of Finding and Administrative Determination Ref: Brookers Lagoon Lot 1 / 37392 Chiniak Hwy APN: R5514000001 Applicable Zoning District: Rural Residential - 1 Chiniak Anglers Lodge LLC c/o Mr. Davis Parker 202 Main St. #4 Longmont, CO. 80501 Dear Mr. Parker, April 3, 2009 The Kodiak Island Borough Community Develop . e t Department has completed its investigation of the comp_ laint lodged against the property described above and dated February 18, 2009. The complaint was composed of or` a principle allega`tio'n, i.e., the unpermitted establishment and operatio of a touristic) ge. Background The subject property was originally as a 'single- family residence via zoning compliance permit No. 1273 dated March 20, 1987?: Davis B. Parker, Etal, acquired ownership of the property so etime prig to.�the recording date of March 3, 2003. A large residential additional was authorized iaBZ 0300'4 dated January 27, 2003. The declared use of the property on that date was a single-family residence. Applicable Code Sections Kodiak Island Borough Code 1 7 15.020 states No building, part of a building, or any land shall be used, occupied, effected, {moved, or altered unless in conformity with the ons provisi of this title for the district-in hich the building or land is located ". Kodiak Is and Borough Code1.7.15.060 states "Zoning compliance is required for site grading (excavation and fill), erection, construction, establishment, moving, alteration, enlargementrepair, or conversion of any building or structure in any district established by this title" \ \Dove\departments \CD\CD -17 Property Files \Brookers Lagoon \Lot 01 \Complaint Dismissal.docx Page 1 of 3 Kodiak Island Borough Code 17.15.110 states "Prior to the beginning of a bed and breakfast, lodge, motel, hotel, or vacation home, a copy of the certificate of registration for the transient accommodation tax (KIBC 3.55.080) or, if applicable, the certificate of exemption from that tax .(KIBC 3.55.060), must be submitted to the community development department. Upon receipt of the certificate of registration or certificate of exemption, a certificate of zoning (Chapter 17.185 KIBC) shall be issued ". This amended Title 17 Chapter became effective September 21, 2006 with adoption of Ordinance FY2007 -08. The 2008 Kodiak Island Borough Fee Schedule, adopted by resolution, provides for "after-the-fact" zoning compliance permitting, with a fee at two times the normally applicable fee. Investigation Per Borough Enforcement Policy, staff accepted andrev ewed they =written complaint of February 18, 2009, reviewed pertinent files in CommunitykDev,pelopment Department "��Eh +�lY�^ f �if37 � consisting of the main property file, reviewed the property file maintained in the Assessor's Department; and reviewed the Building' Official's file for thel'r{operty. A letter from the department to the property owner datedMarch 9, 2009, contained notice and nature of the complaint, and clarification regarding the apparent conflict in recent use history. The property owner responded on March 24, 2009 (received in the department April 1, 2009) •The response contained numerous documents establishing current rriegistrratiions withthe State of Alaska and the Kodiak Island Borough. Discussion The record contains a history of permitted useswithin the RR -1 Rural Residential Zoning District, i.e., Single :family residence and Bed & Breakfast. The record�contains sufficent�exhibits documenting the establishment of a permitted use, i.e. , Bed =& B "reakfast, prior the effective date of Ordinance Fy2007 -08. The declaration of use submitted by the .respondent, dated March 23, 2009, contains sufficient specificity in order to presume that the respondent is cognizant of the requirements of the Kodiak lisland Borough Code as it pertains to the establishment and operation of a Bed & Breakfast. Determination Kodiak Island Borough Code 17.210.010 Administrative enforcement action, provides in relevant part that, A. The zoning officer may order: 1. The discontinuation of unlawful uses of land or structures; This language is permissive. \ \Dove \departments \CD \CD -17 Property Files \Brookers Lagoon \Lot 01 \Complaint Dismissal.docx Page 2 of 3 Based upon our investigation, the Borough Zoning Enforcement Officer has concluded that no zoning violation, as described in the complaint dated February 18, 2009, exists on the subject property, AND Because the documented use as a Bed & Breakfast commenced prior to the effective date of Ordinance FY200-08, no penalty fee shall apply for an "after-the-fact" zoning compliance permit declaring a change in use. Prior to the effective date of adoption, the department's policy was to encourage voluntary submittals of changes in use in order to document the new use in the property file. The respondents declaration dated March 23, 2009 is sufficient for this purpose and will be entered in the permanent property file for the subject property. Additional Notice(s) Because this review has determined that there is no violation, the sual appeal with do not apply. In the event that you disagree e-weltilis determination, you may '1,1er44 wish to have this determination reviewed by legal counsel in the co i text of 17.210.030 (B) - Penalties and remedies, which reads, B. Notwithstanding the availability of any other remedy, the borough or any aggrieved person may bring a civil action to enjoin any violation of this title, any order issued under KIBC 17.210.010(A), or any le,ratgr condition , a conditional use, variance or other entitlement issued under this chapter; or to obtain damages for any injury the ,p1g4ik, plaintiff suffered as a result ofa4dalatioriert action for injunction under this section may be brought notwithsItarAine.4tWavailab** any other remedy. Upon application for injunctive relief and the an existing violation, the superior ,g-ef court shall enjoin the violation. Respectfully, Martin Lydick, Associate Planner-prarcement Cc: Mr. Bud Cassidy, Director,90;Munity Development Department Planning & Zoning ComaiisSiOn Complainant File: Brookers Lagoon Lot 1. 11Dove\departments\CMCD-17 Property Files\Brookers Lagoonlot 011Complaint Dismissal.docx Page 3 of 3 Kodiak Island Borough Community Development Department 710 Mill Bay Rd. Rm 205 Kodiak AK 99615 Ph. (907) 486 - 9362 Fax (907) 486 - 9396 http://www.kodiakak.us Zoning Compliance Permit Permit No. Property Owner / Applicant: Mailing Address: Phone Number: Other Contact email, etc.: Legal Description: Street Address: The following information is to be supplied by the Applicant: Davis 13. Parker, John D. Parker, Daniel A, Robson 202 Main Street, Ste 4, Longmont, CO 80501 303- 772 -5382 skybuild@msn.com Lot 1 Brookers Lagoon Subdivision 37392 Chiniak Hwy, Chiniak AK 99615 Use & Size of Existing Structures: Bed & Breakfast, Adventure and Fishing use. Vacation home - owners & their families. 2,847 + /- sf 2 story structure. Description of Proposed Action: Continuing use as Bed & Breakfast, Adventure and Fishing. 5 guest rooms, maximum 10 guests. Use of home and kitchen to all guests. Owner resides on premises during guest accommodation . See attachments: AK Business License, Certificate of Authority for Transient Tax Collections, Finance Dept Letter, State of Alaska Certificate of Registration, KIB Tax Returns, Site Plan Site Plan to include: Lot boundaries and existing easements, existing buildings, proposed location of new construction, access points, and vehicular parking areas. Staff Compliance Review: Lot Area: Front Yard: Prk'g Plan Rvw? Plat / Subdivision Requirements? Does the project involve an EPA defined facility? ZONING: Lot Width: Rear Yard: # of Req'd Spaces: Parcel No. Bld'g Height: Side Yard: If YES, do you have an EPA Return Receipt of Notification? "Permit will not be issued until receipt is submitted to KIB" le5d Coastal Policy Subd Case No. Driveway Permit? Septic Plan Approval: Fire Marshall: Consistent? Plat No. Attachment? Bld'g Permit No. Applicant Certification: 1 hereby certify that 1 will comply with the provisions of the Kodiak Island Borough Code and that 1 have the authority to certify this as the property owner, or as a representative of the property owner. I agree to have identifiable corner markers in place for verification of building setback (yard) requirements: Attachments?, " ,eST_ r a"rctom' 2005 -2009 AK Business License #312127, 2005 -2009 KIB Certificate of Authority for Transient Tax Collections Sri s August 2005 Finance Department Letter, Sate.of Alaska Certificate of Registration #109479 2Q05 -4A08 KIB Tax Returns with payment check stubs, 8 %:" x 11" Site Plan Date; Signature: This permit is only for the proposed projec 's described by the applicant. If there are any changes to the proposed project, including its intended use, prior to or during its siting, construction, or operation, contact this office immediately to determine if further review and approval of the revised project is necessary. ** EXPIRATION: A zoning compliance permit will become null and void if the building or use authorized by such permit is not commenced within 180 days from the date of issuance, or if the building construction or use is abandoned at any time, after the work is commenced, for a period of 180 days. Before such work can be recommenced,.a new permit must first be obtained. (Sec. 106.4.4 Expiration. 1997 UBC) per KIBC 17.03.060. ** CDD Staff Certification Date: CDD Staff: Payment Verification Zoning Compliance Permit Fee Payable in Cashier's Office Room # 104 Fee - Schedule Construction Disposal Deposit Payable in Cashier's Office Room # 104 Fee Schedule Anglers Lodge KOWAK N4LAND • ALM■KA Martin Lydick — Associate Planner — Enforcement Community Development Department 720 Mill Bay Road Kodiak, Alaska 99615 Phone (907)-486-9363 Email mlydick@kib.co.kodiak.ak.us Tuesday, March 24, 2009 APR - 1 2009 Re: Response to Letter of Courtesy & Advisory Brooker's Lagoon Lot -1 / 37392 Chiniak Hwy 0MUNITY DEVELOPMENT DEPARTREV Dear Mr. Lydick, This correspondence is directed to you in response to your courtesy notice and advisory. I have completed the Zoning Compliance Form as directed by you and have attached it to this letter. I have also attached all pertinent information relating to our bed and breakfast business. Please let us know if there is any additional information needed and we will gladly submit it upon your request. Daniel A Robson — Owner Date Enclosures: 2005- 2009 Alaska Business License #312127 2005-2009 Kodiak Island Borough — Certificate of Authority for Transient Tax Collections August 2005 — Finance Department Letter State of Alaska -Certificate of Registration #109479 2Q05 through 4Q08 KIB Accommodations Tax Return w/ paid check stubs 81/2" x 11" Site Plan with Setbacks Cc: Flanders, Stover and Dunn - Attorneys at Law Corporate Office 202 Main Street #4 Longmont, Colorado 80501 Phone 303-772-5383 Email skybuild@msn.com LOT 1, BROOKERS 37392 CH INIAK 1-111Pr- KOD I AK, ALASKA ?-„ \), 90,215 SQUARE FEET UTILIT1 E EMENT N - w E44S !NJ iALL 0 an12_ Oc) CYn Alaska Business License # 312127 Alaska Department of Commerce, Community, and Economic Development Division of Corporations, Business and Professional Licensing P.O. Box 110806, Juneau, Alaska 99811-0806 This is to certify that CHINIAK ANGLERS LODGE LLC 202 MAIN ST SUITE 4, LONGMONT, CO 80501 owned by CHINIAK ANGLERS LODGE LLC is licensed by the department to conduct business for the period October 27, 2008 through December 31, 2009 for the following line of business 72: Accommodation and Food Services This license shall not be taken as permission to do business in the state without having complied with the other requirements of the laws of the State or of the United States. This license must be posted in a conspicuous place at the business location. It is not transferable or assignable. Commissioner: Emil Notti Alaska Business License # 312127 Alaska Department of Commerce, Community, and Economic Development Division of Corporations, Business and Professional Licensing P.O. Box 110806, Juneau, Alaska 99811-0806 This is to certify that CHINIAK ANGLERS LODGE LLC 202 MAIN ST SUITE 4, LONGMONT, CO 80501 owned by CHINIAK ANGLERS LODGE LLC is licensed by the department to conduct business for the period December 3, 2007 through December 31, 2008 for the following line of business 72: Accommodation and Food Services This license shall not be taken as permission to do business in the state without having complied with the other requirements of the laws of the State or of the United States, This license must be posted in a conspicuous place at the business location. It is not transferable or assignable. Commissioner.. Emil Notti ■11111111111=1111=11111111M1111111111M1111111■11111111111=1111111,51r Alaska Department of Commerce, Community, and Economic Development P.O. Box 110806, Juneau, Alaska 99811-0806 ALASKA BUSINESS LICENSE The licensee named below holds Alaska Business License Number 312127 covering the period of: September 29, 2005 through December 31, 2006 Line of Business: 72 Accommodation and Food Services CHINIAK ANGLERS LODGE LLC 202 MAIN ST SUITE 4, LONGMONT, CO 80501 Owner: CHINIAK ANGLERS LODGE LLC This license shall not be taken as permission to do business in the state without having complied with the other requirements of the laws of the State of Alaska or of the United States. Alaska Department of Commerce, Community, and Economic Development Commissioner: Bill Noll This license must be posted in a conspicuous place at the business location. 11 is not transferable or assignable. Kodiak Island Borough Certificate of authority to collect transient accommodation tax No. 2009-08 THIS IS TO CERTIFY THAT CHINIAK ANGLERS LODGE, LLC located at .37392 Chiniak Hwy, Kodiak, AK is authorized and empowered by the Kodiak Island Borough to collect the sales tax imposed by Chapter 3.30 of the Kodiak Island Borough Code. This certificate is non-assignable, non-transferable and shall be surrendered upon ceasing to do business at the location named herein. Any change in ownership, form of ownership, or any other chann requires new registration. Karleton G. Short Finance Director January 1, 2009 December 31, 2009 Date of registration Expiration Date THIS CERTIFICATE MUST BE DISPLAYED PROMINENTLY AT THE PLACE OF BUSINESS. 46 Ell Kodiak Island Borough Community Development Department 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9363 Fax (907) 486-9396 wwvv.kodiakak.us Letter of Courtesy & Advisory via Regular Mail Reference: Brooker's Lagoon Lot 1 / 37392 Chiniak Hwy. Mr. Davis Parker 202 Main St. #4 Longmont, CO. 80501 Dear Mr. Parker, March 9, 2009 This correspondence is directed to you as a courte d advisory. The Community Development Department has, e eived a f�rmaLcprnplaint alleging the establishment of a commercial lodge facilityt,on tF property described ',,''bove. -p,#--" The property subject to this advisory is zone RR-1 Rural Residential Zoning District. Although a certain amount of limited oArilercial use is Allowed in the RR-1 Rural Residential Zoning District, a commercial 19,0e facility40 the type complained of, and as advertised on your web site at wwvv.chiriiaMglers*de.com, is not a permitted use, nor a conditional use in the applicablezonihg ABigtife:. i-A14* A copy of Kodiak Island Bsrgugh 6,4,i79 - ,R Rural Residential Zoning District is included with this correstlo7dence for yougfefereh (1 W Per KIBC 17.15.020 Cotilf, rmity with regu\tla to,is required. "No building, part of a . building, or any land sh§ne used, occupiedrigrected, moved, or altered unless in conformity with the provitio s of this title for the district in which the building or land is located". And, pe BC 17.15.080 Us6 permitt41ose in a district are pro ss authorized. "Land uses not listed as a In additiOil to the zoning code references above, there may be substantial questions regardirk e application of current building codes as they relate to a commercial lodge use. \\Dove\departments\CONCD-17 Property Files\Brookers Lagoon\Lot °Metter of C&A.docx Page 1 of 2 Failure to address these over - sights within thirty (30) days of the date of this correspondence may result in the issuance of a Formal Notice of Violation. We urge you to contact this department at the earliest possible opportunity in order that we may investigate avenues of redress. Your recognition of, and attention to, these requirements of the Kodiak Island Borough Code are appreciated. Thank you, Martin Lydick, Associate Planner- Enforcement Cc: Mr. Bud Cassidy, Director, Community Development Departmerst Planning & Zoning Commission Mr. Doug Mathers, Building Official Complainant File: Brooker's Lagoon Lot 1 Enc: Kodiak Island Borough Code 17.70 — RR- oning District. \ \Dove \departments \CD \CD -17 Property Files \Brookers Lagoon \Lot 01\Letter of C &A.docx Page 2 of 2 . PROPERTY 19300 Legal Description BROOKERS LAGOON LT 1 R5514000001 SITUS 37392 CHINIAK HWY KODIAK, AK 99615 OWNER ID 5962 OWNERSHIP 1 00.00% F7:777 UTILITIES TOPOGRAPHY ROAD ACCESS ZONING RR1 NEXT REASON REMARKS 71:PPP4:4 L4TAPI4i. • LAST APPR. YR LAST INSP. DATE NEXT INSP. DATE UPDATED FOR 1600 SQ, FT. ADDIT ENGS rigt) PERMittY r—OEft-MitAkEA—gt—iiitRi4iT A 04/23/2003 RADN 0 A 122,000 Tb1 rt:WW::: • :•••, 1*-• I 01/07/1 401—" AK HSNG FIN CORP WD / 154/ 128 KEELER WD / 2003 / 861 MCR 2007 ***** • • • F8CitriT,OkE" -00%7 PROVEMENTINFORMATI I# TYPE DESCRIPTION MTHD CLASS/SUBCL AREA UNIT PRICEUNITS BUILT EFF 'YR COND. VALUE DEPR PHYS ECON FUNC -- IV:0Y DAVIS PARKER 202 MAIN ST #4 LONGMONT, CO 80501 US 121115011111702P . 100 100% 5 100% ACRES: 2.2500 1 111111 11111 1111 11111 11111 1111 1111 APPR VAL METHOD: Cost WPIONOTRIFIE, COMP ADJ BAS BASE AREA R 05/ 2,712.0 0.00 2003 1997 100% 100% 100% 100% 100% 1.00 RPO ORIG CODE: R R 05/ 685.0 0.00 2003 1997 • 100% 100% 100% 100% 100% 1.00 1. RES STCD: Al 3,397.0 Homesite: N 197,100 (Flat Values) ..•• • .• „• .• • J L# DESCRIPTION 1. SFR 9999 Page 1 of 1 , CLS TABLE sc Al ADJ VALUE 0 0 0 gi IMPROVEMENTS LAND MARKET MARKET VALUE PRODUCTIVITY LOSS APPRAISED VALUE HS CAP LOSS ASSESSED VALUE 712PtP:Mrt JSETCHCQMM • 97,100 40,000 237,100 0 = 237,100 0 = 237,100 3111,1121211 BAS U24,R16,D4,R16,U5B32,D5,D20,L64,U24, R14,D8,R18,U9,R32,D25,L32,U12,L18,012,1.14 RPO R5,025,L27,D15,L16,U15,L26,U5,R64,U20 MPROVEMENT'FEATUR Exterior Wall 1 03 I . Interior Finish Roof Style Flooring I ; Number of Baths Heating/Cooling Appliance Number of Bedrooms • • • • • • • • • ,*() 4141,1WIL'177211,—.4.,,,,,O!FORMATI HS METH DIMENSIONS UNIT PRICE GROSS VALUE AIN MASS ADJ VAL SRC MKT VALI AG—APHLY N 2.2500 AC .00 1.00 1.00 F 40,000 NO 40,000 Effective Date of Appraisal: January 1 Date Printed: 03/09/2009 11:12:17AM by ASCLR2 1 01 1 01 1 04 1 35 1 05 1 SFAG 1 04 AG CLASS AG TABLE AG UN IT PRC AG VALUE: 0.00 0 0 True Automation, Inc. a AiodiailslandBorough 710 MILL BAY ROAD KODIAK, ALASKA 996154340 Mr. Davis Parker 202 #1 Longmont, C.0._80501 99E4 sogaee 049J82035543 02/18/2009 Maned From 99615 US POSTAGE 902 CC 1 74 02/2S/09 RETURN TO SENDER :INSUFFICIENT ADDRESS UNAOLE TO FORWARD DC: 9913155:39029 *109S -00430 -20=0A 1111n1 11111111 111111111111111111111111.11111111,11111111111 110;' Property.ID:• St Address:::.. R5514000001 37392 Chiniak Hwy., Kodiak, AK.99615 regal Descrpt �Brookers Lagoon Lot 1 :(Prop Owner j s Davis Parker IP0 Address. J':: 202 #1, Longmont, CO. 80501 ,.Tenant j ::Chiniak Angler's Lodge, LLC Unpermitted establishment & operation of tourist lodge [Complainant ] (Ernest J. Suazo .1.907.486.6020'`: • CAddress j. PO Box 5553, Chiniak, AK. 99516 Rvw..Date (.iFiridings ref. www.chiniakanglerslodge.com '(AC Posted Letter of C &A. Kodiak Island Borough Community Development Department 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9363 Fax (907) 486-9396 www.kodiakak.us Letter of Courtesy & Advisory via Regular Mail Reference: Brooker's Lagoon Lot 1 / 37392 Chiniak Hwy. Mr. Davis Parker 202 #1 Longmont, CO. 80501 Dear Mr. Parker, February 18, 2009 This correspondence is directed to you as a courtesy! 0 and isory. The Community Development Department has received a o al plaint alleging the establishment of a commercial lodge facility„0' erty describe;- .bove. The property subject to this advisory is z Although a certain amount of limited po Residential Zoning District, a commera advertised on your web site at www.chiniak nor a conditional use in the ap, e zoni 414,41timi 0,` tA A copy of Kodiak Island included with this corresp 0 Per KIBC 17.15.020 Conf building, or any land sh-II conformity with the provi located". And, pe permitte In additk regard in use. 'dence for yd! rmity with regula e used, occupie s of this title for ri 1 Residentia A- A District. o Rowed in the RR- Rural the type complained of, and as e.com, is not a permitted use, moik il Rural Residential Zoning District is fere requ te . "No building, part of a ected, moved, or altered unless in district in which the building or land is BC 17.15.080 Us AuSil se in a district are pro ibifeu* ess authorized. "Land uses not listed as a to the zoning co e references above, there may be substantial questions e application of z rrent building codes as they relate to a commercial lodge 40;401 itierwrIol Move\departments\CMCD-17 Property Files\ Brookers Lagoon\Lot 01 Letter of C&A.docx Page 1 of 2 Failure to address these over - sights within thirty (30) days of the date of this correspondence may result in the issuance of a Formal Notice of Violation. We urge you to contact this department at the earliest possible opportunity in order that we may investigate avenues of redress. Your recognition of, and attention to, these requirements of the Kodiak' Island Borough Code are appreciated. Thank you, Martin Lydick, Associate Planner- Enforcement Cc: Mr. Bud Cassidy, Director, Community Development Departmer Planning & Zoning Commission Mr. Doug Mathers, Building Official Complainant File: Brooker's Lagoon Lot 1 Enc: Kodiak Island Borough Code 17.70 — RR oning District. \ \Dove \departments \CD \CD -17 Property Files \Brookers Lagoon \Lot 01 \Letter of C &A.docx Page 2 of 2 Martin Lydick From: Bud Cassidy Sent: Wednesday, February 18, 2009 11:33 AM To: Martin Lydick Subject: Letter of CA.docx Martin — Let's make sure that although he calls himself a lodge, he may be in fact be a valid B&B. This use is a permitted use in this district. Bud Letter of CA.docx 1 Kodiak Island Borough Community Development Department Zoning Violation Complaint Form I wish to report an alleged violation of the Borough's zoning regulations. I understand that this complaint will be investigated within 7 days of its receipt, and that 1 will be notified of any subsequent action taken regarding the investigation. Legal Description of Property Where Violation is Occurring: rDoKet-.5 L'51001 At #/ Street Address 3739,a Hwy Zoning : RR Property Owner of Above Property (Name & Mailing Address) Tay:5 Parker 2O2 Main 4f/ Tenant of Above Property (If Applicable) Lorront ?i2 8050 / Telephone: 303 - 774 - 75gg (hM? .2) Telephone :ia3 -5V /0257A cell,) Complaint: (Must specifically state the nature, circumstances &/or reason for the. complaint, and the relief sought.) Se-41- a.1/X/ Complainant (Print Name & Mailing Address): If Accepting Complaint: Ernest T. Suazo P.O. eox 5553 Ch/1I2/ g95/6 (Tele No. Signatur Document! Date 1 g/ Complaint: Approximately six years ago the partners of Chiniak Anglers Lodge first came here. They stated they were going to use the property for themselves and close friends as getaway place to fish and relax during the summer months. I told them the property was not zoned commercial and I was against any type of commercial activity taking place adjacent to my property. I was assured this was not their intent. Two years ago I asked Davis Parker and one of his paitners Richard Parker if they were conducting commercial activities . They acknowledged they had been but that they were not going to continue with those activities because of their health condition. Today 2/1709 I received the following information, through another Chiniak resident, on their website at www.chiniakanglerslodge.com : Dear Friends and Past Guests, Please enjoy our newsletter attached below and our new website on the internet! www.chiniakanglerslodge.com We are currently accepting reservations for the Sockeye and King/Halibut Fishing for July (18th - 25th and 25th - 1st Aug) and for the September Silver Salmon season (12th - 19th, 19th - 26th and 26th -3rd Oct.). We only offer the prime weeks for Salmon fishing to our guests! I anticipate that this season will be one of our best and I look forward to sharing it with all of you! Regards, J.D. Parker It's my understanding this type of commercial activity is not permitted at this location, which is, zoned RR1 Rural Residential One and is a direct violation of the Borough code. In addition to the direct violation of the Borough Zoning Code, I am opposed to the types of activities as advertised in their website, because of the potential devaluation of my property, infringement of already overtaxed natural and recreational resources of the area, and the loss of personal privacy for me and my family. The relief I seek is that commercial activities cease and desist upon completion of your investigation )(A, gAi/o9 . Chiniak Angler's Lodge ,:HOME ABOUT OUR LODGE KODIAK ISLAND WHAT TO BRING TRAVEL / ITINERARY LODGE RATES NEWSLETTERS PHOTO GALLERY FISH and WILDLIFE KODIAK ISLAND MAPS CONTACT US Page 1 of 3 About our Lodge Chiniak Anglers Lodge was formed in 2002 by five friend and business associates from Longmont, CO. This union was created to provide a top quality fishing location for enjoyment with friends and family. This has been a private lodge for many years, and until only recently has the invitation been extended to sportsmen and anglers outside of our social network. Nestled in a setting of ocean front views, mountains, and rivers, Chiniak Anglers Lodge provides numerous opportunities to experience Alaska at its best. With more than 8 local rivers, a handful of lakes, salty flats and the ocean out our front door, we always have somewhere to put you on the fish or give you the experience you expect! The lodge was built for family and friends comfort in mind. We have a large kitchen for family style dining and a large family room for lounging. We have built in a arctic room that allow us to shed our fishing gear, protected from the weather in a place that it will be dry for the morning. Our lodge has 8 bedrooms and four bathrooms. We have two bedrooms that have bathrooms attached, one small room with a single bed and the master suite with a double bed (usually reserved for the guide /owner). The remaining upstairs bedrooms share a common bathroom and shower. The main floor of the lodge has a restroom/shower /sink for general purpose. We have a washer and drier for our guests use. We also have fish processing facilities and equipment (vacuum sealer and walk in freezer), wood fired bania (outdoor sauna), screened sitting area, fire pit, etc.. We have three vehicles for transportation and a fleet of four wheelers for a day adventure to some back country during your stay. http:// www. chiniakanglerslodge .com/ ?page_id =6 2/17/2009 , Chiniak Angler's Lodge Page 2 of 3 Once you arrive at the Island, everything is taken care of. We will pick you up at the airport, run some errands around town (snacks, favorite cocktails, licenses, gear and misc) and we head out to the lodge. The following days are scheduled according to the weather and your preferences of activities. We will help coordinate all of your activities on the Island while you stay with us. Lodge Inclusions The Lodge will supply the following: 1. Transportation: • To and From the airport • Upon arrival around town for liquor, snacks, licenses and misc. • To fish local rivers on the road system • To shuttle for deep sea charters / float plane charter • One day of sight seeing, golf, bunkers, missile launch or town. • Multiple or random trips to town are discouraged. Unless a substantial qty of guest are going together. 2. Lodging • Most rooms at the lodge are double occupancy. Single rooms are available and will be booked upon request. • Washer and dryer for guests use throughout their stay • Outdoor sauna/bania use • Guide will assist with cleaning, fillet and processing fish • Walk in freezer and vacuum packing system for use by guests • (1 -501b fish boxes and vacuum bags included/per guest) • Gratuities for your guide and your cook are always welcome 3. All meals from Saturday to Saturday • Cook and care taker on staff • Breakfasts are typically 2 course breakfast o Pancakes and eggs o Bacon/sausage and eggs o Cereal and muffins o .Grits or Oatmeal and fresh bread o Eggs and potatoes o Juevos rancheros and Fresh Bread o Biscuits and Gravy • Lunches are typically at self serve. Sandwiches, stews and snacks can be made daily. Charters provide box lunches. Shore BBQ lunch will be prepared for ATV day. o Sliced meats and cheeses for sandwiches o Chips, granola/bars, fruit, cookies and etc.. o Chili, green chili, soups and stews o Fresh breads • Dinners: Dinner to include a salad, a vegetable dish, pasta/ potato /rice and a dessert. H'ordurves before dinner. http://www.chiniakanglerslodge.com/?pageic1=6 2/17/2009 ,Chiniak Angler's Lodge --� Page 3 of 3 o Salmon - Baked, grilled or Broiled o Halibut — Baked, grilled or Boiled o Steaks/Pork chops o Roast Turkey Dinner o Mexican — fajitas, taco and burritos o Hamburgers and fries. o Pasta and meatballs or sausage o BBQ Chicken 4. Activities . Daily Guided River /Lake Fishing o River Fishing on our many local rivers, short distance from Lodge o Lake fishing (from shore or from raft when available). We have float tubes that guest are welcome to use for local lakes. • Guided ATV Fishing Excursion o Included is a Saltry River Trip (17 miles inland pass, 1 1/2 hour each way) Excellent Fishing and bear country. o Additional trips to Saltry River are $15.0 per bike. o A minimum of 4 guest must go on additional trips. o All ATV trips must be with a guide (provided) • Deep Sea Charter Boat (additional cost and advanced notice required) o We try to book your deep sea fishing as early in the week as possible to allow for bad weather cancellations. Most captains accept credit cards but cash is preferred. Typical daily charge is $275.00 to $350.00. Tipping your captain and deck hand is always appreciated. o Charters will have all the equipment and tackle for fishing the ocean. o If a substantial catch is caught on your charter, we suggest that a local Kodiak processing facility is used to clean and package fish. Catches of 5001b or more per boat is not unlikely! • Float Plane excursions — (additional cost and advanced notice required) o Andrews Air - will pick up at Devil Thumb approx 5 minutes from the Lodge. Typical float plane trips can handle 4 people per plane and depending on the final destination will range in cost from $150.00 to $400.00 per person. o This is a fantastic adventure, Bears, Whales, and great fishing February 2009 M T W T F S S 1 2 3 4 5 6 7 8 9 101112131415 16 17 18 19 20 21 22 23 24 25 26 27 28 « Jan A Mar » http:// www. chiniakanglerslodge .com/ ?page_id =6 2/17/2009_ Chiniak Angler's Lodge HOME ABOUT OUR LODGE KODIAK ISLAND WHAT TO BRING TRAVEL / ITINERARY LODGE RATES NEWSLETTERS PHOTO GALLERY FISH and WILDLIFE KODIAK ISLAND MAPS CONTACT US. Summer and Fall 2009 2009 Standard Rates: $2,950.00 per person, per week, Saturday to Saturday 10 people max. $5,600.00 per pair of guests, per week, Saturday to Saturday $350.00 deposit required for scheduling weeks for each individual booking No weeks will be held without a deposit! $22,000.00 to reserve the entire lodge Saturday to Saturday (30%) Non Refundable deposit to reserve the entire Lodge for a week Page 1 of 2 Included: Guided River/Stream/Lake Fishing Fly and Spin Fishing the local river systems of the Island is our favorite pastime. The diversity of the rivers, the locations, and the easy access always makes for a successful trip. Summer 3 Red Salmon Rivers, 4 Red Salmon Lakes, 6 Pink Rivers, Salty Flats Fall 8 Silver Salmon Rivers, 5 Silver Lakes, 3 Chum Salmon Rivers, 8 Dolly Varden "Char" Rivers 1-Day Guided ATV Fishing Adventure to Saltry River A mountain pass trail to some of the best fishing Kodiak has to offer. We leave in the morning from the American River trailhead and pass over the mountain range on a 1 1/2 hour ATV ride to the world renowned Saltry River. The Saltry provides anglers with amazing fishing throughout the year. Summer Sockeye Fall Silvers Optional: Deep Sea Fishing Charter We have many different local deep sea charters that we book through. Depending on their recent fishing reports, their weekly schedule,, your preferred catch, and your group size, we will make sure to match you up with the best vessel and Captain. Summer. Excellent King Salmon fishing — Averaging 25 — 45 lbs. Halibut, Cod and Rock sh fishing http://vvww.chiniakanglerslodge.com/?page_id=14 2/17/2009 Chiniak Angler's Lodge Page 2 of 2 is excellent year round Fall King Salmon fishing is good, Silver Salmon fishing is excellent! Halibut, Cod and Rockfish fishing is excellent year round Float Plane Adventure The Island of Kodiak offers some of the best bear-viewing and nature adventures in Alaska. Andrew Airways will pick you up at our lodge and treat you to a spectacular day or afternoon of fishing, float trips, wildlife and bear viewing and scenic tours. Deposit and Payment Procedures: 1. $350.00 Non-refundable Deposit 2. 50% due April 1st, signed release forms and hold harmless agreements 3. 50% remaining balance due 45 days prior to departure date Failure to pay by the required dates will cancel your reservation, your payments will be returned, NR deposit will be retained by the Lodge and your vacancy will be filled immediately by waiting list guests. Cancellation within 60 day of your scheduled trip all payments will be returned not including your NR deposit. Individual or small group bookings: Individual or small group bookings will be accommodated by booking along with groups of 7 or less. Individuals and small groups will be notified of the group size that they will be traveling with and will be offered additional date for travel if requested. If in any circumstances a reservation cannot be accommodated, Chiniak Anglers Lodge, LLC, reserves the right to refund all payments and deposits. Group Bookings: Groups of 4 or more can reserve anyopen weeks at the lodge with the required deposit of $350.00 per person. Groups of 4 or more will retain the right to their scheduled week or weeks. Additional guests will be booked with groups less then 7 people throughout the season unless the entire lodge is reserved by one group. February 2009 MTWT F S S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 « Jan M Mar » http://www.chiniakanglerslodge.com/?page_id--14 2/17/2009 Kodiak Island Borough Serving the people of Kodiak Island and the surrounding area Home, Search Again Property ID R5514000001 Last Name DAVIS f.) First Name PARKER Of Legal Description BROOKERS LAGOON LT 1 Street Address 37392 CHINIAK HVVY Tax Code Area 5 School District. KISD Exempt Code i Zoning Type RR1 Property Use SFR Mailing Address 202 MAIN #1 LONGMONT, CO 80501 Land Value 40000 Misc Value • , 0 Building Value 197100 Total Value($) 237100 This information is current as of July 2006 View this property on a map Copyright 2003 - Kodiak Island Borough :HOME ABOUT OUR LODGE KODIAK ISLAND WHAT TO BRING TRAVEL / ITINERARY LODGE RATES NEWSLETTERS PHOTO,GALLERY FISH and WILDLIFE KODIAK ISLAND MAPS CONTACT US 650 v04 17/5. About our Lodge Chiniak Anglers Lodge was formed in 2002 by five friend and business associates from Longmont, CO. This union was created to provide a top quality fishing location for enjoyment with friends and family. This has been a private lodge for many years, and until only recently has the invitation been extended to sportsmen and anglers outside of our social network. Nestled in a setting of ocean front views, mountains, and rivers, Chiniak Anglers Lodge provides numerous opportunities to experience Alaska at its best. With more than 8 local rivers, a handful of lakes, salty flats and the ocean out our front door, you will easily find what you are looking for from your Alaskan experience. The lodge was built for family and friends comfort in mind. We have a large kitchen for family style dining and a large family room for lounging. We have built in a arctic room that allow us to shed our fishing gear, protected from the weather in a place that it will be dry for the morning. Our lodge has 8 bedrooms and four bathrooms. We have two bedrooms that have bathrooms attached, one small room with a single bed and the master suite with a double bed (usually reserved for the host/owner). The remaining upstairs bedrooms share a common bathroom and shower. The main floor of the lodge has a restroom/shower/sink for general purpose. We have a washer and drier for our guests use. We also have fish processing facilities and equipment (vacuum sealer and walk in freezer), wood fired bania (outdoor sauna), screened sitting area, fire pit, etc.. We have three vehicles for . transportation and a fleet of four wheelers. for a day adventure to some back country during your stay. http://www.chiniakanglerslodge.com/?page_id=6 3/19/2009 Once you arrive at the Island, everything is taken care of. We will pick you up at the airport, run some . errands around town (snacks, favorite cocktails, licenses, gear and misc) and we head out to the lodge. The following days are scheduled according to the weather and your preferences of activities. We will help coordinate all of your activities on the Island _while you stay with us. Lodge Inclusions The Lodge will supply the following: 1. Transportation: • To : and From the airport • Upon arrival around town for liquor, snacks, licenses and misc. • To fish local rivers on the road system • To shuttle for deep sea charters / float plane charter • One day of sight seeing, golf, bunkers, missile launch or town. • Multiple or random trips to town are discouraged. Unless a substantial qty of guest are going together. 2. Lodging • Most rooms at the lodge are double occupancy. upon request. • Washer and dryer for guests use throughout their stay • Outdoor sauna/bania use • Assistance with cleaning, fillet and processing fish • Walk in freezer and vacuum packing system for use by guests • (l -501b fish boxes and vacuum bags included/per guest) • Gratuities for your host and your cook are always welcome Single rooms are available and will be booked 3. All meals from Saturday to Saturday • Cook and care taker on staff • Breakfasts are typically 2 course breakfast o Pancakes and eggs o Bacon/sausage and eggs o Cereal and muffins o Grits or Oatmeal and fresh bread o Eggs and potatoes o Juevos rancheros and Fresh Bread o Biscuits and Gravy • Lunches are typically at self serve. Sandwiches, stews and snacks can be made daily. Charters provide box lunches. Shore BBQ lunch will be prepared for ATV day. o .Sliced meats and cheeses for sandwiches o Chips, granola/bars, fruit, cookies and etc.. o Chili, green chili, soups and stews o Fresh breads • Dinners: Dinner to include a salad, a vegetable dish, pasta/ potato /rice and a dessert. H'ordurves before dinner. http:// www. chiniakanglerslodge .com/ ?page_id =6 3/19/2009 o Salmon - Baked, grilled or. Broiled o Halibut — Baked, grilled or Boiled o Steaks/Pork chops o Roast Turkey Dinner o Mexican — fajitas, taco and burritos o Hamburgers and fries o Pasta and meatballs or sausage o BBQ Chicken 4. Activities VGlattion ler ceewtfineve-fee toaa.er 4yer bf -g c rY1X6e., coo /-Vwlittirs e -7, . 11.6740_ 1/6-'9° e01-4P DietaL. poP Ipfer0 Daily RiverfLake Fishing o River Fishing on our many local rivers, short distance from Lodge o Lake fishing (from shore or from raft when available). We have float tubes that es welcome to use for local lakes. ATV Fishing Excursion o Included is a Saltry River Trip (17 miles inland pass, 1 1/2 hour each way) Excellent Fishing and bear country. o Additional trips to Saltry River are $150 per bike. o A minimum of 4 guest must go on additional trips. o All ATV trips must be with a host/owner (provided) Deep Sea Charter Boat (additional cost and advanced notice required) o We try to book your deep sea fishing as early in the week as possible to allow for bad weather cancellations. Most captains accept credit cards but cash is preferred. Typical daily charge is $275.00 to $350.00. Tipping your captain and deck hand is always appreciated. o Charters will have all the equipment and tackle for fishing the ocean. o If a substantial catch is caught on your charter, we suggest that a local Kodiak processing facility is used to clean and package fish. Catches of 5001b or more per boat is not unlikely! • Float Plane excursions — (additional cost and advanced notice required) o Andrews Air - will pick up at Devil Thumb approx 5 minutes from the Lodge. Typical float plane trips can handle 4 people per plane and depending on the final destination will range in cost from $150.00 to $400.00 per person. o This is a fantastic adventure, Bears, Whales, and great fishing March 2009 MTWT F S S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 « Feb Apr » http://www.chiniakanglerslodge.com/?page_id=6 3/19/2009 -r - 0 tr, State of Alaska certe earc > Commerce > Corporations, Business and Professional Licensing LicNum: Business Name: Address: > Business License Search 312127 CHINIAK ANGLERS LODGE LLC 202 MAIN ST SUITE 4 LONGMONT CO 80501 Status: ACTIVE Original Issue: 09/29/2005 Current Issue: 10/27/2008 Expiration: 12/31/2009 Business Type: LLC Tobacco Endorsements: 0 Line Of Business: Accommodation and Food Services' Primary Activity: 721191 Secondary Activity: 721199 Owners: CHINIAK ANGLERS LODGE LLC View Your Professional License using our Search Program Webmaster Email Business and Professional Licensing Email Corporations http://www.commerce.state.ak.us/occ/bussearch/BusDetail.cfm?LicNum=312127 3/19/2009