ELDERBERRY HGTS BK 1 LT 12 - Code Enforcementso
James Currie
405 Adams St.
Silverton, OR 97381
Kodiak Island Borough
710 MILL BAY ROAD
KODIAK, ALASKA 99615-6340
PHONE (907) 486-5736
Re: Lot 11, Block 1, Elderberry Heights Subdivision.
Apartment in Single Family Dwelling
Mr. Currie:
August 22, 1991
FILE COPY
Thank you for your response of August 4 to my letter written July 23, 1991
concerning what is, technically, a continuing zoning violation consisting of a
separate apartment in the single-family residence on your RR1-Rural
Residential One property referenced above.
There seems to have been some misunderstanding about what is required to
achieve compliance and about the scheduling, of site visits. I apologize to
you, and to Mr. and Mrs. Scafide, to whatever extent I am responsible for that.
I felt the violation and the requirements had been clearly understood the first
time around last summer. The downstairs is considered a separate
apartment if it has, along with a separate outside entrance, a second kitchen
(consisting, by definition, of refrigerator and range) used by occupants
independently of the principal kitchen of the housekeeping unit. If
passageway between upstairs and down is blocked, locked, or non-existent,
that is just a further indication that two dwelling units exist in the structure.
In this case, a stairway passage exists and is not blocked or locked.
Even if the second unit is not rented for money, it is still an independent unit
if it has a separate kitchen. That is the principal issue here. It is what the
zoning ordinance focuses on in order to restrict the residential use of the
property to single-family. However, to accommodate as full a single-family
use of such properties as possible, while not precluding all additional
economic benefit, the ordinance does allow bedrooms to be rented to one or
two boarders, as long as everyone occupying the residence has interior access
to and uses a single, common kitchen. Therefore, one or two bedrooms
a/ .6
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Aoi-- , el
Kodiak Island Borough
James Currie
August 22, 1991
Page Two
downstairs in your house can legitimately be rented as long as there is no
kitchen downstairs.
After visiting the site on July 11 and speaking briefly with the Scafides' son
at the upstairs entry door, I telephoned Mrs. Scafide later that day and
scheduled a site inspection for July 16, at 9:00 a.m. When I arrived at that
time on that date and asked for Mr. or Mrs. Scafide, I was informed by an
upstairs occupant that they were not there, and was directed to the
downstairs entry door where a second individual showed me inside. I found
that the passageway to the upstairs was open. But I also found that a
functioning range and refrigerator (the refrigerator was plugged in and had
contents) existed in an area clearly designed as a kitchen.
I was there not much more than a minute, and, having determined that the
violation continued, asked the individual to invite Mr. and Mrs. Scafide to call
me and I left. I am confident that I arrived there for my site visit at the time I
had agreed upon with Mrs. Scafide, and that she had fully understood - -last
year as well as this year - -that there could be no kitchen downstairs. That is
when I proceeded to write you the letter, since, as property owner, you are
ultimately responsible for compliance.
For your information, I am enclosing a copy of the Zoning Enforcement
Policy, adopted by Borough Assembly resolution. You will notice that
emphasis is placed on abating or preventing zoning violations uniformly and
fairly, rather than on punishing violators. Simply stated, zoning ordinances
are enforced so that all property owners can have assurance about what they,
and also their neighbors, can and cannot do on their respective properties.
This amounts to a kind of unspoken contract that gives some measure of
guarantee that property investments and neighborhood values, as perceived
by property owners, will remain intact. More often than not, property owners
recognize the merit of zoning ordinances and enforcement and value the
assurances they provide about land use.
Beyond the zoning issue, what additionally applies in this case and is worthy
of note is that a plat note was placed on the original plat of Elderberry
Kodiak Is and Borough
James Currie
August 22, 1991
Page Three
Heights Subdivision in 1978 restricting all lots in Block 1 to single-family
residential use.
I trust that this helps clarify the matter and that the downstairs kitchen will
be removed as required. If you have any questions, please call me at 486-
5736, extension 254.
Sincerely,
Bob Scholze, Ass ciate Planner-Enforcement
Community Development Department
cc: Planning and Zoning Commission
Linda Freed, Community Development Department Director
John and Kay Scafide
Complainant
James Currie
405 Adams
Silverton, OR 97381-2305
August 4, 1991
Bob Scholze
Kodiak Island Borough
710 Mill Bay Rd.
Kodiak, AK 99615-6340
Re: Lot 11, Block 1, Elderberry Heights Subdivision. (1711
Belief) Apartment in Single Family Dwelling
Dear Bob Scholze,
I had a lengthy conversation with John Scafide on Thursday,
August 1st and was assured that they were not renting or
using the downstairs as an apartment. In fact, John told me
that he had taken the door leading to the stairway- off its
hinges and stored it under the house. John has
subsequenatially turned the room into a family room. John
indicated that he was planning to move his freezer down
there also, so as to free up space upstairs.
As to the inspection of the site, John told me that he had
set up an appointment with you. He waited over an hour
after the set time to meet, but you did not show up. John
did say you showed up later that day and talked to his son.
His son informed him that you did not enter the premises,
but did ask a few question about the occupancy. You were
informed that the home's uses were as I have indicated
above. I fail to understand how you would be able to
determine if a refrigerator was present and operational if
you did not enter the premises.
John has assured me that he would clear up this matter up
with you once and for all. IF I can be of and service
please let me know. I will do everything I can to ensure
compliance with local codes and ordinances. But I can only
rely on second and third-hand information and sometimes
misunderstandings do occur. If my understanding of this
situation is in error or new evidence comes to light please
inform me or such.
Sincerely,
cc: John and Mary Scafide
James Currie
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Kodiak Island Borough
James and Kathryn Currie
405 Adams St.
Silverton, OR 97381
710 MILL BAY ROAD
KODIAK, ALASKA 99615-6340
PHONE (907) 486-5736
FILE COPY
July 23, 1991
Re: Lot 11, Block 1, Elderberry Heights Subdivision. (1711 Selief)
Apartment in Single Family Dwelling
Dear Mr. and Mrs. Currie:
This department has been made aware recently that the house on the
single-family residential property you own referenced above has once
again been being used as a duplex with an apartment downstairs
consisting of a separate entrance and independent kitchen.
You were notified by letter last summer that this is not a permitted use
in this zoning district. In response, you wrote a letter saying you would
have the occupants remove the refrigerator, as required. This has not
been done. I was told on July 11, 1991 by an upstairs resident that, in
fact, the downstairs was being used as a separate apartment with an
independent kitchen. Later that day I was told by your renter on the
phone, as I was last summer, that the downstairs would not be used as
a separate apartment and that the refrigerator would be removed. A
site inspection on July 16 revealed an independent kitchen complete
with operational refrigerator.
I realize that out-of-state owners may not always be aware of the
situation here, but it is your responsibility to ensure compliance with
the zoning ordinance. Should the issue become a legal matter, you
should be aware that it is with you, as property owners, that the
attorney will be dealing.
Kodiak Island Borough
James and Kathryn Currie
July 23, 1991
Page Two
•
Your cooperation in resolving the violation once and for all will be
appreciated. If you have any questions, please call the Community
Development Departrnent at 486-5736.
Sincerely,
ob Scholze, As ociate Planner-Enforcement
Community Development Department
cc: Linda Freed, Community Development Department Director
Planning and Zoning Commission
Joel Bolger, Borough Attorney
John and Kay Scaffide
Complainant
•
James Currie
405 Adams St.
Silverton, Or. 97381
Kodiak Island Borough
710 Mill Bay Rd.
Kodiak, Ak. 99615
Re: Lot 11, Block 1, t_lderbery Heights Subdivision-1711
Selief-Illegal dwelling
To Whom it may Concern,
In response to notice of violation dated July 25, 1990. The
above residence is currently leased as a sindle dwelling
with no provision made For sub-leasing any part of the
dwelling. It is my understanding that the Scaffide's are
not sub-leasing any part oF the dwelling at this time.
As to the dwelling unit itself. The Borough required me to
install a staircase to the lower unit from thc interior of
the building, which I complied with. The CertiFicate of
Occupancy was granted and signed with the lower unit
equipped with a gas cook top. IF there is a reFrigerator
occupying the lower unit I will have the Scaffide's move it
out that unit or make it inoperative. I hope this will
satisfy any error in the zoning ordinance.
(0,01D
y e�— „)
Sincerely,
James Currie
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COMMUNITY DEVELOPMENT
DEPT
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James and Kathryn Currie
405 Adam St.
Silverton, Ore. 97381
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* U.S.Q.P.O. 1988-212-865
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Certified Mail er7( 64.2
Return Receipt Number P 657_916-663
James and Kathryn Currie
405 Adam Street!
Silverton, Oregon 97381
Re: Lot 11, Block 1, Elderberry Heights Subdivision - 1711 Selief
Illegal dwellingl
Dear Mr. and Mrs. Currie:
This letter is notification of a potential zoning violation on the residential 'property,
referenced above, owned by you. It follows phone conversations with current occupant
Kay Shafitti in response to concern that the house on the property was being used as a
duplex.
As property owner, you should be aware that this property is zoned RR1--Rural
. Residential One. The use of a structure as a duplex in this district is a violation of
Sections 17.17.010 and17.17.020 of the Kodiak Island Borough Code addressing the
description and intent and permitted uses in the RR1 Zoning District. In addition; a note
• placed on the original plat. of Elderberry Heights Subthision in 1978 restricts all lots in
Block 1 to single-family residential use,
The current occupant and prospective buyer, Kay Shafitti, has been advised of this and
has expressed her intention to discontinue using the downstairs portion of the house as
- a separate dwelling unit. She expressed her intention to turn it into a family room. I
informed her that this portion of the house is permitted to be used as a bedroom and
rented to a boarder as such, as long as there is passage within the structure to the main
dwelling area with one principal kitchen used in common. A second kitchen (consisting,
Kodiak Island Borough
Certified Mail
Return Receipt Number P 667-9-1-6-653—
• James and Kathryn Currie
July 25, 1990
Page Two
by definition, of a refrigerator and stove/range) is not permitted in the downstairs portion
of the house and must be removed or made inoperable.
A thirty (30) day deadline is established by administrative decision to bring your property
into compliance. This is done in the interest of following standard procedure, and to
give you the opportunity to appeal the determination and/or the deadline should you
wish.
Therefore, failure to vacate the illegal dwelling unit by August 25, 1990, or to insure that
it meets the definition of a bedroom by having interior access to the rest of the house
and no kitchen, will require that the file be forwarded to the Borough Attorney for further
enforcement action.
This decision is final unless appealed to the Planning and Zoning Commission
within ten (10) days of receipt of thls letter. if you disagree with the determination, or
wish to propose some other remedy or compliance schedule, it is essential that you
appeal this decision within ten days. An appeal is commenced by filing with this office a
written notice of appeal, specifically stating the reasons for the appeal and the relief
sought. An appeal under Section 17.68.020.B of the Borough Code may be brought by
any person aggrieved by this decision.
• Failure to comply with the terms of this decision or to appeal the decision subjects you
to the penalties of Section 17.75.030 of the Borough Code, which states in part: "A
person who violates any provision of this Title, or order issued under 17.75.010.A ... is
• guilty of a misdemeanor and upon conviction is punishable by a fine of not More than
three hundred dollars ($300). Each act or condition violating this title, and order issued
under 17.75.010.A ... and each day during which the act or.condition exists ... shall be a
separate and distinct violation."
Kodiak Island Borough
Certified Mail y7reta02.
,. Return Receipt Number P 657 916 663
James and Kathryn Currie
July 25, 1990
Page Three
Your cooperation ii complying with these code requirements will be appreciated. If you
have any questions, please call me at 486-5736, extension 254.
Sincerely,
Bob Scholze, Ass9ciate Planner - Enforcement
Community Development Department
cc: Linda Freed, Community Development Director
Joel Bolger, Borough Attorney
Planning and Zoning Commission
John and Kay Shafitti
Kodiak Isla
710 MILL
KODIAK, A
AVETUNIZI CEIPT
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Certified Mail - Return Receipt Requested
James and Kathryn Currie
405 Adam Street
Silverton, Oregon
97381
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2nd iotice
Return
SENDER: Complete items 1 and 2 when additional services are desired, and complete items
3 and 4.
Put your address in the "RETURN TO" Space on the reverse side. Failure to do this will prevent this
card from being returned to you. The return receipt fee will provide you the name of the person delivered
to and the date of delivery. For additional fees the following services are available. Consult postmaster
Tor fees and check box(es) for additional service(s) requested.
1. ❑ Show to whom delivered, date, and addressee's address. 2. ❑ Restricted Delivery
(Extra charge) (Extra charge)
3. Article Addressed to:
James and Kathryn Currie
405 Adam Street
Silverton, Oregon 97381
4. Article Number
P 657 916 653
Type of Service:
❑ Registered
JEc Certified ❑ COD
❑ Express Mail'
❑ Insured
❑ Return Receipt
for Merchandise
Always obtain signature of addressee
or agent and DATE DELIVERED.
5. Signature — Address
X
6. Signature Agent
X
7. Date of Delivery
8. Addressee's Address (ONLY if
requested and fee paid)
PS Form 3811, Mar. 1988
* U.S.r.P.O. 1988- 212 -865 DOMESTIC RETURN RECEIPT
P• 657 916 653
jiECEIPT FOR CERTIFIED MAIL
NO INSURANCE COVERAGE PROVIDED
NOT FOR INTERNATIONAL MAIL
(See Reverse)
Sent toter
✓ ia,,, 5 S' ZbN+hVJ Cu RM+ E
Street and No. . - 1
- 'to S - AG,ora& Sr.
P.O., State and ZIP Code
S.wa ,,, Qnt6„r,..) 97381
Postage
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Certified Fee
Special Delivery Fee
Restricted Delivery Fee
Return Receipt showing
to whom and Date Delivered
Return Receipt showing to whom,
Date, and. Address of Delivery
TOTAL Postage and Fees
S
Postmark or Date
4 41 /16 sco
Certified Mail
Return Receipt Numbey 657 916 65
Kodiak Island Borough
710 MILL BAY ROAD
KODIAK, ALASKA 99615-6340
PHONE (907) 486 -5736
July 25, 1990
James and Kathryn Currie
405 Adam Street
Silverton, Oregon 97381
Re: Lot 11, Block 1, Elderberry Heights Subdivision - 1711 Selief -
Illegal dwelling
Dear Mr. and •Mrs. Currie:
This letter is notification of a potential zoning violation on the residential property,
referenced above, owned by you It follows phone conversations with current occupant
Kay Shafitti in response to concern that the house on the property was being used as a
duplex.
As property owner, you should be aware that this property is zoned RR1- -Rural
Residential One. The use of a structure as a duplex in this district is a violation of
Sections 17.17.010 and 17.17.020 of the Kodiak Island Borough Code addressing the
description and intent and permitted uses in the RR1 Zoning District. In addition, a note
placed on the original plat of Elderberry Heights Subdivision in 1978 restricts all lots in
Block 1 to single- family residential use.
The current occupant and prospective buyer, Kay Shafitti, has been advised of this and
has expressed her intention to discontinue using the downstairs portion of the house as
a separate dwelling unit. She expressed her intention to turn it into a family room. I
informed her that this portion of the house is permitted to be used as a bedroom and
rented to a boarder as such, as long as there is passage within the structure to the main
dwelling area with one principal kitchen used in common. A second kitchen (consisting,
Kodiak Island Borough
Certified Mail
Return Receipt Number P 657 916 653
James and Kathryn Currie
July 25, 1990
Page Two
by definition, of a refrigerator and stove /range) is not permitted in the downstairs portion
of the house and must be removed or made inoperable.
A thirty (30) day deadline is established by administrative decision to . bring your property
into compliance. This is done in the interest of following standard procedure, and to
give you the opportunity to appeal the determination. and/or the deadline should you
wish.
Therefore, failure to vacate the illegal dwelling unit by August 25, 1990, or to insure that
it meets the definition of a bedroom by having interior access to the rest of the house
and no kitchen, will require that the file be forwarded to the Borough Attorney for further
enforcement action.
This decision is final unless appealed to the Planning and Zoning Commission
within ten (10) days of receipt of this letter. If you disagree with the determination, or
wish to propose some other remedy or compliance schedule, it is essential that you
appeal this decision within ten days. An appeal is commenced by filing with this office a
written notice of appeal, specifically stating the reasons for the appeal and the relief
sought. An appeal under Section 17.68.020.B of the Borough Code may be brought by
any person aggrieved by this decision.
Failure to comply with the terms of this decision or to appeal the decision subjects you
to the penalties of Section 17.75.030 of the Borough Code, which states in part: "A
person who violates any provision of this Title, or order issued under 17.75.010.A ... is
guilty of a misdemeanor and upon conviction is punishable by a fine of not more than
three hundred dollars ($300). Each act or condition violating this title, and order issued
under 17.75.010.A ... and each day during which the act or condition. exists ... shall be a
separate and distinct violation."
Kodiak Island Borough
Certified Mail
Return Receipt Number P 657916 653
James and Kathryn Currie
July 25, 1990
Page Three
Your cooperation in complying with these code requirements will be appreciated. If you
have any questions, please call me at 486 -5736, extension 254.
Sincerely,
Bob Scholze, Associate Planner - Enforcement
Community Development Department
cc: Linda Freed, Community Development Director
Joel Bolger, Borough Attorney
Planning and Zoning Commission
John and Kay Shafitti.
HATE `.5/16/90
LEGAL DESCRIPTION
ZONE USE
TYPE °':BLDG
AND AREA?
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18,385.00
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1619 SELIEF LANE
KODIAK AK 99615
1,560
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KODIAK AK 99615
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911 GIBSON COVE ROAD
KOOIAK . • AK 99615
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