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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 /0 ?). 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 ����L / /v'- .' ��X CXA~ *',n 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 � ������� ����`�~�-~ ����w�w� AN 3 ig0o COMMUNITY DEVELOPMENT DEPT g■ SENDER: Complete mir 3 and 4. Put your address in the card from being retumed to and the date of delivery. 'items 1 and 2 when additional services are desired, and complete items "RETURN TO" Space on the reverse side. Failure to do this will prevent this to you. The retum receipt fee will provide you the name of the person delivered For additional fees the following services are available. Consult postmaster 2. 0 Restricted Delivery (Extra charge) or fees and check boxiest for additional service (s) requested. 1. 0 Show to whom delivered, date, and addressee's address. (Extra charge) 3. Article Addressed to: James and Kathryn Currie 405 Adam St. Silverton, Ore. 97381 4. Article Number P 467 971 062 Type of Service: U Registered 0 Insured 8 Certified 0 COD Express Mall 0 Return Receipt for Merchandise Always obtain signature of addressee or agent and DATE DELIVERED. 5.' Signature Address' X • "r1 I -- .8.. Addressee's Address (ONLY if requested and fee paid) 6. Signature Ag: X nt 7. Date of Delivery PS Form 3811, Mar. 1988 * U.S.Q.P.O. 1988-212-865 DOMESTIC RETURN RECEIPT * L.S.G.P.O. P 467 971 062 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) Sent to .4. kprier, , Stree 3_1 No, 5: P.O., State and ZIP Code 15_ KeV/191 Postage S .f;ertified 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 Postmark or Date ( Ai‘_ 3,9v 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 ERNEVED • ZN3 ZG 'z as unuoWNOD 9AV 031 `0Uf 'i J1JL 25'99 f L } JSIAL J. KI v ':- :1 0 /4. AC\Rs.nr r ft Certified Mail - Return Receipt Requested James and Kathryn Currie 405 Adam Street Silverton, Oregon 97381 flame /` • 3 L' Ny c 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 S 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? 7-R1422010010 ELDERBERRY i GTS BKR11 LT SFR u1 J1 13; -N _ 15 R1422010012 STOLTENBERG•ROY /JUANITA 1713 SELIEF LANE ' KODIAK AK 99615 3 E. MES .E KATHRYN:: 12020 -WALDO HILLS 'DR : SALE DR 97301 !,�'o � i� HEIBERG II.HARRY R1422010011 ELDERBERRY HGTS BK 1 LT 11 "` 1982 -::_:: :,. RR1. SFR 43' 6 _ • sR1422010013 ELDERBERRY HGTS BK 1 LT 12 RR1 SFR 2.317 20.872.00 P.D.:-BOX' 296` - 'KODIAK`; :,w :s',:,•- 798 18,385.00 1 1' 28, 2 2' 20 ELDERBERRY HGTS BK 1 LT 13 RR1 SFR 1983 CHASE. JEFFREY 1619 SELIEF LANE KODIAK AK 99615 1,560 16.197.00 21 n R1422020301 ELDERBERRY HGTS 2. 1984 .. 25 tio 26 27 R1422020002 ELDERBERRY HGTS 30 ;3181422020003 ELDERBERRY 33 1982 . 33 tiv s .8 1422 0 2 0 0 04. ELDERBERRY HGTS .1.ST 8K .2 LT 1983: „_..:, ,: - UR2: '' 1ST -BK 2 LT 1 UR2 DUP 1ST BK, 2 LT 2 UR2. SFR. A COLEMAN•WAYNE `;E MARl£ P.D. BOX 1913 . KODIAK AK 99615 CRAWFORD•JAMES E JANE - P.O..BOX 1906; KODIAK : - - .AK 99615. 1.124 8.800.00 HGTS 1ST BK 2 LT UR2 SFR 3A A FUJIMOTO.BRIAN P.D. BOX 2770 KODIAK AK 99615 REHMER•BENJAMIN S'JANELL P.O. 'BOX 446 KODIAK AK 99615 COX.OENNIS E PATRICIA- P.O BOX 4251 KODIAK+ AK 996151 '. 3081422020005 RIP ao . 4A. ELDERBERRY HGTS 1ST 8K 2 LT 5 1983 UR2 SFR` 43121422020006 t' .Sl R1422020007 ELDERBERRY ELDERBERRY HGTS 1985 1ST BK 2 LT UR2 SFR 1,513 6.894.00- A JAMES•DANIEL E MONINA._ 911 GIBSON COVE ROAD KOOIAK . • AK 99615 19057 12.681.00 12.578.00 5181422020008' ELDERBERRY 32 _ .. ....1982: HGTS 15T 8K 2 LT' 7 UR2: VAC HGTS 1ST BK 2 "LT B UR2` -:. SFit' CLARION. CD KODIAK AK 99615 NIGHOLSON.LARRY E SONYA 515: MOZARZ,zm. ?yq. KODIAK Z:- 55 81422020009 56 57 ELDERBERRY HGTS 1ST BK .2 LT 9 UR2 - VAC 7.695.00 9,961'5 OLSEN.RODNEY E NANCY 9515 19TH AVE SEATTLE.- -'• - - - - WA 98117- 8,800.00-- 4. = u'oMuluO:AC2aS