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EAST ADD BK 55 LT 11 & 12 - Code EnforcementCOMPLETE THIS SECTION ON DELIVERY • CompleteItems 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. • PriRt 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. ❑ Agent ❑ Addressee livery ! 1. Article Addressed to: Ms. Dawn Acosta PO Box 723 Kodiak, AK 99615 D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No 2. Article Number (Transfer from service labeij PS Form 3811, February 2004 3. Service Type Certified Mall ❑ Registered ❑ Insured Mail ❑ Express Mall Retum Receipt for Merchandise ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) 7009 1410 0000 9500 3634 ❑ Yes Domestic Return Receipt 102595-02-M-1540 0000 9500 3634 • la ri U.S. Postal Service -. CERTIFIED MAILTM RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps.come Postage Certitted Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees Sent To • .Treet, Apt. No.; Ms. Dawn Acosta b or PO Box No. PO Box 723 �` ' city, State, ZIP+4 Kodiak, AK 99615 PS Form 3800. August 2006 See Reverse for Instructions 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 Certified Mail — Return Receipt Requested Receipt No.: 7009 1410 0000 9500 3634 Ref: East Addition Block 55 Lots 11 &12 Ms. Dawn Acosta Post Office Box 723 Kodiak, AK 99615 Dear Ms. Acosta, February 22, 2010 This correspondence is directed to you as a courtesy no ce a = °® �' " sory. Y Y � � rY• It has been brought to the attention of the C written complaint dated Nov. 19, 2009, t the property described above. Field vj Building Official's staff, have verified Any work of this nature is subject, to sev Code, among which are; KIBC 17.15.020 Conform :twit any land shall be used, occupied, erecte the provisions of this tit a if r the district in KIBC 17.15.060 Zoning o pliance. Zoning (excavation and fill), ere t o:. , construction, e enlargeme t = ep � r conversion of any b by this ti ecc ` o the folio evelopment`'ep rtment, via nd fill has beenr dertaken on , and discussion ith the fill. the Kodiak Island Borough d. No building, part of a building, or tered unless in conformity with ing or land is located. pliance is required for site grading blishment, moving, alteration, g or structure in any district established A. An i (cation for zoning complia'nc' : ill be filed with the community development depart = e t on a form provided by the department. If the application meets the require - is of this title, asu ified in the department, and other applicable regulations, a permit I be issued. An as -built of the property may be required to ensure that t p p Y Y q applicable equ ements ca e met, when existing structures are located on the property. An o c E �ance permit issued is subject to the same expiration, suspension, an • e' c ion provisions as a building permit issued for the same construction project (See Uniform Building Code Section 303(d) and (e), as currently adopted under KIBC 15.05.020). A review of the property file has failed to uncover the zoning compliance permit required per Kodiak Island Borough Code 17.15.060. \ \Dove \departments \CD \CD -17 Property Files \East Addition \Block 55 \Lot 11 & 12\ Letter of Advisory 02_22_10.docxPage 1 of 2 Previous attempts to dispense with this matter at the lowest possible administrative level, by written notice of the oversight dated November 25, 2009, and December 15, 2009, have not received any response from you, indicating an unwillingness to voluntarily comply with the requirement for zoning compliance. The Community Development Department now advises you that the requirement to obtain zoning compliance, per Kodiak Island Borough Code 17.15.060 A, will not be waived. Failure to present an application for zoning compliance, in addition to the documentation necessary for administrative review, within thirty (30) days of ttAdate of this correspondence, will result in the issuance of a notice of violati* Your application for zoning compliance must be received by the Community Develop 'ent Department prior to the end of the business day on March 22, 2010. Your recognition of, and attention to, these require qts ofthe K9dIak Island Borough Code are appreciated. Thank you, Martin Lydick, Associate Pi annipTR: Cc: Mr. Bud Cassidy, Directo0Fnmunity Deikp Mr. Doug Mathers, BuiI. 100fficial Planning & Zoning Co mission Complainant File: East Add Blk 55 2. ,w1511.7,0,1,117N, Enc: Zoning cOmplianceiapplic Trio, \\Dove\departments\CMCD-17 Property Files\East AdditiorABlock 551ot 11 & 12\Letter of Advisory 02_22_10.docxPage 2 of 2 Ms. Dawn Acosta 536 Perez Way #1 Kodiak, AK 99615 Kodiak Island Borough Community Development Department 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9363 Fax (907) 486-9396 wvvw.kodiakak.us December 15, 2009 Dear Ms. Acosta, Re: East Addition Block 55 Lot 11 & 12 Though we appreciate your efforts to create additional on-site parking, for your vehicles and thereby getting them off Rezanof Drive, there is also a need for you to come to our office and acquire the proper permits to allow this fill. A Zoning Compliance Permit (ZCP) for your activity is needed. A second permit, a Grading Permit, is also required from the City of Kodiak Building Official's Office. Our initial observation is that this fill was not placed according to the requirements of these permits and some modification is needed. It is clear that if your contractor had acquired all necessary permits some of the issues of concern may have been avoided. But as the landowner you are the responsible party. As stated in our November 2, 2009 letter (a copy was sent to you) work of this nature is subject to several sections of the Kodiak Island Borough Code, among which are; KWIC 17.15.060 Zoning compliance. Zoning compliance [permit] is required for site grading (excavation and fill), erection, construction, establishment, moving, alteration, enlargement, repair, or conversion of any building or structure in any district. . . The grading permit will determine how the fill can be placed. A review of the property file for the subject property has failed to discover any zoning compliance permit, or grading permits as required. Should: you have any questions, we would be happy to answer them. Please stop by our office or call me at 486-9363 to resolve this matter. Sincerely, Bud Cassidy, Dire r, Community Development Department 10CDICD-17 Property Files\E6st Addition\ lock 55\ Lot 11 & 121tr of Advisoryl.docx Page 1 of 2 CC: Planning & Zoning Commission City of Kodiak Building Officials Mr. Jack King — P.O. Box 594, Kodiak Golden Alaska Excavating — P.O. Box 8909, Kodiak NACCACb-1713roperty Files\East AdditionTlock ot 11 & 1211r of Advlsoryl.docx Page 2 of .2 1 Complaint.NO StAddress Legal DeedrOt P5PPrEY. 1354 "1-;. Date Filed EAST ADD BK 55 LT 11 & 12 Prop Owner.'* OTele PO Address Tenant ' Cornplaiiif" 1536 Perez Way, Kodiak, AK. 99615 COmplainanG Improperly located fill Mr. Jack King s r C Address Findings [ Lack of zoning compliance permit per Kodiak Island Borough Code 17.15.06 Action Posted advisory letter to Acosta Date Closed. A 5,,,Q ALT SvaFACC 54.44 E/VGQOA6N/NENTS 3f &NG/ e) b-^/ 0 "1 LOT 9 f 6'0.0 0 F�NGF 5NC /2oAOH4c5 'A/ Lo7 /3 .., 4t 9, 3� V I, ....o.aace .�r ; PPp 0 0.o (4.9 :00 e4 anfiJna 000000 v J aa.0 oaa0Toc:a oorio uo oPoonnNoP �; �. r- s'rn 4 rRoy A. Ecklund no �v 4,..--,,,,.._ " NO. 16311 -5 J``` y*� es,0P, oeu °SJQ i4 4 60FESSIONAt ©:.a' y11 'UI ky5'4415i a:.7iS 1 hereby certify that l have surveyed the following described property: LUT /0 C3L©C/l 55 z-46-7" A ©D /T/oN Sv2Vr=;�253c9- 8, Xd/J /AK ALASKA and that the improvements situated thereon are within the property lines and do MI overlap or encroach on the property lying adjacent thereto, that no improvements on property lying adjacent thereto encroach on the premises in yucstion and that there are no roadways, transmis- sion lines or other visible easements on said property except as indi- cated hereon, Dated this � daypf � l9 /ROY A. ECKLUND Registered Land Surveyor Scale: /11 =2o Drawn by: {Z Date: T OCT. 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: East Addition Block 55 Lot 11 & 12 Mr. David King Ms. Norma King Post Office Box 594 Kodiak, AK 99615 Dear Mr. & Ms. King, November 25, 2009 This correspondence is directed to you as a courtesy notice and ad isory. The Community Development Department has e mewed the writtt�re i complaint dated ^n nIace'd n the property described as November 19, 2009 regarding fill that has volt, East Addition Block 55 Lot 11 & 12, aka. i7 2 E. Rezancf Dr. The purpose of the fill was to provide for #;increased off street parking. Regardless of the "potential" for negative gj€FSSite impacts, the Community Development Department views this matter o be primari civi)I.matter, and declines to pro - actively intercede at this time. However, any work of this nature is subje cts seve alsections of the Kodiak Island Borough Code, among `I{ ich are; KIBC 17.15.060 Zoning co pliance. Zoning;cortpliance is required for site grading (excavation and fill), erection, construction, a tablishment, moving, alteration, enlargement, .repair or ccYnuer ion of any b sling or structure in any district established by this title, sr bject�to the foliowf A review f the property file for t e subject property has failed to discover any zoning compliance permit, as required by the preceding paragraph. The Kodialsland Borough 't Zoning Enforcement Policy is designed to emphasize voluntary compliance with the�applicable code requirements, and not to be punitive in nature. We reco. mend th }a •the property owner take immediate steps to voluntarily F4�3� o et�`i U' comply with the Kodr C i lend Borough's Zoning Code, and to make full disclosure of ., .� the improvements constructed on the subject property. To the extent that the property owner fails to voluntarily comply with the Kodiak Island Borough's Zoning Code, they remain "at risk" for heightened enforcement action(s) in the future. \ \Dove \departments \CD \CD -17 Property Files \East Addition \Block 55 \Lot 11 & 12 \Ltr of Advisory.docx Page 1 of 2 In the event that you disagree with this administrative decision, you have certain rights of appeal, among which are Kodiak Island Borough Code 17.210.030 B 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 term or condition of a conditional use, variance or other entitlement issued under this chapter; or to obtain damages for any injury the plaintiff suffered as a result of a violation. An action for injunction under this section may be brought notwithstanding the availability of any other remedy. Upon application for injunctive relief and the finding of an existing or threatened viola 'on, the superior court shall enjoin the violation. Thank you, Martin Lydick, Associate Planner-Enforcement Cc: Mr. Bud Cassidy, Director, Community Deveiop Planning & Zoning Commission City of Kodiak Building Official t,444,01% Ms. Dawn Acosta, 536 Perez Way #1, Kodiak_ 0199 File: East Addition Block 55 Lot3II Enc: \\Dove\departments\CD\CD-17 Property Files\East Addition\Block 55\Lot 11 & 12\Ltr of Advisory.docx Page 2 of 2 Kodiak Island, Alaska ,TIC, No: ,,,,,,2867 Last, ,N,a ne,/ C,omp,any, Name : , ACOSTA First Name(s): DAWN Taxpayer Information 11/25/09 09:36 :48 Data : 1 1 - Taxpayer, Inq ,2 , ; , Pro15,erty, Nailing, Address: 536 PEREZ WAY #1 C,i ty, : , KODIAK ,S,tate,:, AK Zip, /Country,: 99615 Carrier, Route,• _ ............ Forma,t,:, R R1120550 Short Leal, EAST ADD SK. 55 LT 11 & 12 0 TIC20 Please 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, Alaska TIC No : , , , , , ,28,6,6, Last, ,N,a ne,/ Company; Name : KING First Narre,(s) DAVID NORMA Mailing, Address,: P.O. BOX 594 Taxpayer Information 11/25/09 09:36:27 Data,: 1 1 , -, T,axpaye,r, Incr 2, Property, ,City; : , KODIAK ,S,tate :, AK ,Z,ip, /,C,ountry,:, 99615 Carrier Route ...... A ■-■ A A A A A A A 1 1 1 1 1 1 1 1 1 1 1 1 Format: R R1120550100 Short, ,Leal, EAST ADD SK 55 LT 10 TIC Please 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 Zoning Violation Complaint Form 710 Mill Bay Rd. Suite 205 Kodiak AK 99615 Tel: (907) 486 - 9363 Fax: (907) 486 - 9396 www.kodiakak.us 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 I will be notified of any subsequent action taken regarding the investigation. Street Address: 1714 Rezanof Drive Legal Description: East Addition BK 55 Lot 10 Property Owner Tenant Name: David & Norma King Name: Mailing Addess: Box 594 City/ State/ Zip: Kodiak AK 99615 Telephone: 907-351-0652 Mailing Addess: City/ State/ Zip: Telephone: (Complaint: Specifically state the nature of the alleged violation, circumstances Pdor reason for the complaint, and the relief sought.) Complaint: See attached Name: David J King 9P Pth Complainant Mailing Addess: Box 594 City/ State/ Zip: Kodiak AK 99615 Telephone: 907-351-0652 Name: Date: Code Section: Fee: Print Form SubmitbyErnail On arriving in Kodiak on Oct 31, 2009 I noticed a considerable amount of modification to the land on the property next to my house. On Monday November 2 2009, I went to Planning and Zoning and explained what was done to property/ 1712 Rezanof Drive East Addition BK 55 lot 11ithat has potential adverse effect to my property. The yard in front of the house had a yard that was lower than my property and all water drain to the south, however the new owner, Dawn Acosta, had Golden Alaska fill the yard to make a parking area. The result of the fill raised the level of the yard higher than my yard, changing the runoff and flow of the water on to my property with a high possibility of flooding the lower level of my house. I was informed by Planning and Zoning that this was not legal. Also Dawn Acosta had Golden Alaska fill the area between the two houses to make more parking area. The area is a natural drainage for the large amount of drainage from water and snow melting from Rezanof Drive and my front yard. There was a natural slope away from her house and a natural slope from my house causing the water to drain to the lake. With the fill in place it is great possibility that it will flood the lower level of my house, especially when we have lots of melting snow. For sure it would have happened last month when Kodiak had over 6 inches of rain. Planning and Zoning told me that is not legal to fill a natural drainage and might cause a problem. I have lived in this same house for over 40 years and with lots of prior experience in my opinion flooding will happen this winter. The lower level of my house has tens of thousands of dollars of contents that could be damaged by flooding. After taking with Planning and Zoning, I called Dawn Acosta, who was in Anchorage, and expressed my concerns , and asked her to fix the parking area in front of her house so that it water drained to the south as before and to remove the fill in between the two houses. On Wednesday Nov. 3, I went back to Planning and Zoning to find out how I should proceed since nothing was happening. It was suggested that I write a letter to Dawn Acosta explaining the problems in writing before filling a formal compliant. On Nov. 3, I sent a registered letter explaining the problems and the history of the amount of water coming from melting snow with the likely possibility of damage from flooding which she would be held responsible. I listed my cell phone number to be notified as to the progress to correct the situation. There has been no response. I would like to have the fill between the house be removed and the drain field in the front yard corrected before damage occurs. Also when the fill was placed between the two houses large pieces of metal and pipes were tossed down toward the lake on the city's utility right of way. This needs to be removed. /4,44,1 45 t1\ • tKodiak 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 Property Owner / Applicant: Mailing Address: Phone Number: Other Contact email, etc.: Legal Description: Street Address: Print Form III 11111111111111111111 Submit by Email R1120550110 Permit No. CZ2010 -082 The following information is to be supplied by the Applicant: Acosta, Dawn R. P.O. Box 723, Kodiak, AK. 99615 1.907.486.3539 East Add Bk 55 Lots 11 & 12 Use & Size of Existing Structures: SFR Description of Proposed Action: Develop off - street parking (fill & grading) 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: ZONING: R -1 Parcel No. R1120550110 Lot Area: 9,833 Lot Width: 60' Bldg Height: 35' Front Yard: 25 ' Rear Yard: 10 ' Side Yard: 5 ' Prk'g Plan Rvw? No # of Req'd Spaces: 3 Plat / Subdivision Requirements? Does the project involve an EPA defined facility? N/A If YES, do you have an EPA Return Receipt of Notification? "Permit will not be issued until receipt is submitted to KIB" N A Coastal Policy Residential Subd Case No. Driveway Permit? Septic Plan Approval: Fire Marshall: • • Consistent? Yes Attachment? Plat No. BId'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. 1 agree to have identifiable corner markers in place for verification of building setback (yard) requirements. Attachments? List Other: Date: Mar 15, 2010 Signature: Dawn R. Acosta This permit is only for the proposed project as 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: Mar 15, 2010 Payment Verification CDD Staff: Martin Lydi Zoning Compliance Permit Fee Payable in Cashier's Office Room # 104 Fee Schedule After the Fact $60.00 MAR 1 Kodiak •Ian 5 2010 Construction Disposal Deposit Payable in Cashier's Office Room # 104 Fee Schedule of Applicable $0.00 1 Rnrn. Inn Finance Department BUILDING DEPARTMENT — CITY / BOROUGH OF KODIAK APPLICATION FOR BUILDING PERMIT AND CERTIFICATE Applicant to fill in between heavy lines. OF OCCUPANCY CLASS OF WORK DATE ISSUED BUILDING ADDRESS LOCALITY NEAREST CROSS ST. ce w w Z 0 H • fl w w ~ - Z �o Z cc 0 H U cc ti Z 0 U 2 0 J E w U J N w 0 NAME MAIL ADDRESS CITY TEL NO NAME ADDRESS C ITY STATE LICENSE NO. NAME ADDRESS CITY STATE LICENSE NO. SUBDIVISION LOT NO. BLK. NEW DEMOLISH ALTERATION REPAIR ADDITION MOVE USE OF BUILDING SIZE OF BUILDING HEIGHT NO. OF ROOMS NO. OF FLOORS NO. OF BUILDINGS NO. OF BUILDINGS NOW ON LOT NO. OF FAMILIES SIZE OF LOT USE OF BLDG. NOW ON LOT SPECIFICATIONS FOUNDATION MATERIAL EXTERIOR, PIERS WIDTH OF TOP WIDTH OF BOTTOM DEPTH IN GROUND R.W. PLATE (SILL) SIZE SPA., SPAN GIRDERS JOIST Ist. FL. JOIST 2nd. FL JOIST CEILING DO NOT WRITE BELOW THIS LINE III. Type of Construction I, II, III, IV, V, VI 2. Occupancy Group A, B, C, D, E, F, G, H, I, J Div. 1, 2, 3, 4, 3. Fire Zone 1 2 3 4 EXTERIOR STUDS INTERIOR STUDS ROOF RAFTERS BEARING WALLS COVERING EXTERIOR WALLS ROOF INTERIOR WALLS REROOFING FLUES FIREPLACE FL. FURNACE KITCHEN WATER HEATER FURNACE GAS OIL I hereby acknowledge that I have read this application and state that the above is correct and agree to comply with all City Ordinances and State Laws regulating building construction. Applicant BUILDING PERMIT NO. VALUATION s BUILDING FOUNDATION FRAME PLASTER FLUES FINAL BLDG. FEE PLAN CHK. FEE TOTAL PLUMBING ROUGH SEPTIC TANK SEWER GAS FINISH ELECTRIC ROUGH FINISH FIXTURES MOTORS FINAL 3N11 Al?:13dOtld PLOT PLAN A 1' SETBACK 3N11 AIH3dOLid STREET PLANNING & ZONING INFO. ZONING DISTRICT TYPE OF OCCUPANCY NUMBER OF STORIES TOTAL HT. AREA OF LOT FRONT YARD SETBACK FROM PROP. LINE SIDE YARD SETBACK FROM PROP. LINE REAR YARD Approved: CHIEF BUILDING OFFICAL Approved: ZONING ADMINISTRATOR By: By •