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ELDERBERRY HGTS 3RD BK 5 LT 14A - Code Enforcement
Thomas and R. Ann Kjera 1522 Se lief Lane Kodiak, AK 99615 Kodiak Island Borough 710 MILL BAY ROAD KODIAK, ALASKA 99615-6340 Re: Elderberry Hts. 3rd Add., 13k. 5, Lt. 15. Accessory Building on R-2 Residential with no Primary Structure. Dear Mr. and Mrs. Kjera: May 30, 1995 I am writing to confirm our telephone conversation of Friday, May 26th. Earlier, on Wednesday, May 24th, I conducted a site inspection with Doug Mathers, Assistant Building Inspector in response to a structure being built with no permit on lot 15. My initial response was that the accessory building could not be built on lot 15 without a primary structure also being on the lot. Upon further research, Kodiak Island Borough Code chapter 17.51.020C "Accessory Buildings" states that "A minor structural development that does not require a building permit is not regulated by this chapter." A minor structural development in this case is a structure where the projected roof area does not exceed one hundred twenty (120) square feet. Therefore, if your accessory building is reduced in size to smaller than 120 square feet (including roof projection) and meets the 25 foot front yard and 5 foot side yard setbacks, it can remain on lot 15. Doug Mathers and myself will inspect the accessory building to confirm that these requirements have been met within the next three weeks. I hope this letter clarifies any confusion that may have occurred during our initial conversation. If you have any questions, please feel free to contact me at 486-9361. Sincerely, Tom Bouillion, Associate Planner Community Development Department cc: Linda Freed, Community Development Department Director Doug Mathers, Assistant Building Official 422tmoot-4 JERA THOMAS & R. ANN 1522 SELIEF LN AK 99615 .ECTION - MAP REF - SIC CODE- LOCK - SUB DIV - LOT 0 - 1.1R USE.---SFR--ZONE-TYPE--UR2--BOOK ---- 1 Ri4220500i5 :JERA - THOMASA'R-ANN 1520 . SELIEF LN :ODIAK AK 99615 3ECTION -------- -MAP- REF - ---SIC-CODE- SUB DIV - LOT 0 - :UR USE - VAC ZONE TYPE- UR2 BOOK ELDERBERRY HGTS NEIGHBOR - PAGE THOMAS & R. ANN KJERA 1522 SELIEF LN KODIAK AK EXEMPT - 3RD BK 5 LT 15 ---- ----THOMAS & R ANN 1522 SELIEF LN ----------------- KODIAK NEIGHBOR - EXEMPT - PAGE i R1422060001. ZODGERS DAVID & SONJIA -------SELIEF CODIAK 3ECTION LOCK :UR USE - AK 99615 MAP REF - -SUB - DIV -- -------LOT 0. ELDERBERRY HGTS 3RD BK 6 LT i DAVID & SONJIA RODGERS P.O. BOX 421 SIC CODE- -----NEIGHBOR SFR ZONE TYPE- RRi BOOK PAGE --R1422060002 GORDON SELIEF LN AK '99615 ----- MAP REF - SIC CODE- SUB DIV - LOT 0 - 'SFR -ZONE-TYPE--RRi -BOOK ---- ;OULD ETAL 1413 :ODIAK 3ECTION - LOCK - :UR USE -- ALLDATA 99615 KIB'S CODE- , LOT SIZE - 7,80000 SOFT , TAX TYPE REAL . 28,700 - -- -75i500 0 104,200 KJERA - 99615 LOT SIZE - 27,500 E-'S CODE-- 7,201.00 SOFT ITAX TYPE REAL 0 0 0 27,500 KODIAK AK 99615 ----EXEMPT - --LOT 36,500 --ELDERBERRY HGTS 3RD BK 6 LT 2 -- GOULD ETAL,GORDON P.O. BOX 3888 AS400 - NEIGHBOR ---- PAGE rENUE PROPERTY 0 LEGAL DESCRIPTION ---t - --R1422070001 ------------ —ELDERBERRY HGTS 4TH BK 7 LT 1 DYALL CARL & MARIAN 1513 LYNDEN WAY ODIAK ------AK ---99615-------- ECTION - MAP REF - SIC CODE- LOCK - SUB DIV - LOT 0 - NEIGHBOR - UR USE --SFR ZONE TYPE- UR2 BOOK - PAGE . - J. R1422070002 ELDERBERRY HGTS 4TH EA< 7 LT 2 APP WALTER & CAROLYN KODIAK AK EXEMPT - KIB'S CODE- - SIZE ----i6T325-.--00---SOFT--TAX1FATTHREAL-- -- 131,800 0 - 0 168,300 99615 KIB'S CODE- - LOT SIZE - 16,269.00 SOFT TAX TYPE REAL - 36,400 - —98,800 0 0 ----135,200 REPORT ALLDATA SHOWS ALL LAND CARL & MARIAN ROYALL P 0 BOX 8645 KODIAK AK EXEMPT - - - -4/19/95 : 53: it . -PAGE 257 IMF'V OTHER EXEM NET TOTAL 99615 KIB'S CODE- LOT SIZE - 8,281.00 SOFT TAX TYPE REAL 30,500 73,000 0 -• 0 103,500 SAPP,WALTER k CRC \-'N 11 141 41IP 0 r. Kodiak Island Boro 710 MILL BAY ROAD KODIAK, ALASKA 9961.5-6 • .°Pc• „ < 414.).4.#1 :4410p., Arto • -'1111',.or Scott Arndt 4' stifl. „scc.rs fsf' . PO Box 489 1 -**.s Kodiak , AK 99615 Iii SENDER: Complete items 1 and 2 when additional services are desired, and complete items Ill• 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 for fees 2. 0 Restricted Delivery (Extra charge) and check box(es) for additional service(s), requested. 1. 0 Show to whom delivered, date, and addressee's address. (Extra charge) 3. Article Addressed to: SC6± Ar Vs\d±- • CP513)( 4 S9 <OCA.A-0-4(.... 4.... 99 cDt .. 4. Article Number p (05- SS3-SS Type of Service: r • Registered r.] Insured 2in Certified 1111 COD ii Return Recet • an Express M for Merchaneiipse Always obtSin Signature ofaddressee or agent and DATE DELIVERED. 5. Signature — Addressee X 8. Addressee's Address (ONLY if requested and fee Paid) 6. Signature — Agent X 7. Date of Delivery PS Form 3811, Apr. 1989 *U.S.G.P.O. 1909-238-S15 DOMESTIC RETURN RECEIPT h,IEU Mame 1st Notice MAR 4 199i 2roi Nob% Returi' COMMUNITY DEVELOPMSNT----- DEPT P 54-0 462 464 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) Sent to c. e--t 44.f. Street and No.9 'cj P.O., State agzip de • r Postage $ Certified Fee Certified Fee Special Delivery Fee Special Delivery Fee Restricted Delivery Fee Restricted Delivery Fee Return Receipt Showing to whom and Date Delivered Return Receipt showing to whom and Date Delivered Retum receipt showing to whom, Date, and Address of Delivery Return Receipt showing to whom. Date. and Address of Delivery TOTAL Postage and Fees $ Postmark or Date _<7 * U.S.G.P.O. 1985-480.794 CO CO CO 0 w o o 0 rn a P_ 46.7 839 94.0 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) 14r:° Scott Arndt Street and vox 489 PfKodiaPk,and (Kaska 996 5 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 20 . Oetz r 190 j / 9/ /45 h me Za75k r_e xac 14, w Jo / 2- a y 0 ) )1-4, alo ; Zo •7kri _ .576 _w; „ ahe 7'I Al Jul Z woceil /14 a % dl-re 76,45;0y s71- 11- 9 ro.efo /4-7 e c-tor" 74/ nto v e _ your CERTIFIED MAI RETURN RECEIPT #P 105 558 355 Kodiak Island Borough Scott Arndt P.O. Box 489 Kodiak, AK 99615 710 MILL BAY ROAD KODIAK, ALASKA 99615-6340 PHONE (907) 486-5736 February 13, 1991 RE: Lot 15, Block 5, Elderberry Heights Third Addition Construction Shack as Accessory Building Dear Scott: According to a memo received February 6, 1991 from the Building Official .(copy enclosed), building permit #C1390051 issued on May 21, 1989, and subsequently renewed on May 17, 1990, to build a single-family residence on the property owned by you referenced above has once again expired. As you were notified in writing by this office on June 27, 1989, and reminded verbally in May of 1990, the van containing construction materials for that SFR was permitted to remain on the property as a construction shack while the building permit was active. Without an active building permit, the placement of the van on the property once again, constitutes a violation of Kodiak Island Borough Code sections 17.51.030B and 17.19.020. Furthermore, the installation of a fence along the south property line of Lot 15 by the adjacent property owner makes it obvious that the van encroaches approximately eight (8) feet into the sewer easement on that side lot line. It also appears to encroach well into the required ten-foot rear yard setback on the west property line. The required setbacks for both the sewer easement and the rear yard were clearly indicated on the zoning compliance permit you obtained May 17, 1989. Kodiak Island Borough Scott Arndt February 13, 1991 Page Two Therefore, the van must be removed from the property to a legal location regardless of the status of the building permit. Failure to remove the van from the property within thirty (30) days (by March 15, 1991) will require that the file be forwarded to the Borough Attorney for further enforcement action. Thank you in advance for your cooperation. If you have any questions, please call 486-5736, extension 254. Sincerely, Bob Scholze, Associate Planner-Enforcement Community Development Department cc: Linda Freed, Community Development Department Director Joel Bolger, Borough Attorney Len Kimball, Building Official Complainant in 0) 0 0 m Cs) u_ a P-105 558 355 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) A- v.(3U-k. wzi Iti.w71) P O., Stat and ZI CodAv„ Postage S Certified Fee Special Delivery Fee Restri;ted 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 PUBLIC WORKS DEPARTMENT 2410 MILL BAY ROAD, KODIAK, ALASKA 99615 February 6, 1991 MEMO TO Bob Scholze, Assistant Planner FROM Len Kimball, Building Official SUBJECT Building permit No. CB9OO51 TELEPHONE (907) 486 -8060 FAX (907) 486 -8600 Scott Arndt's building permit for a SFR at 1520 Selief Lane has expired again. The original permit was issued June 21, 1989. It was- renewed on May 17, 1990. A building permit can only be renewed once. If you have any questions please contact me. April 19, 1990 MEMORANDUM TO: Bob Scholze,Associate Planner \Enforcement From: Leonard` Kimball,Building Offical RE:Building Permit no CBB9058 Scott Arntit's building permit has expired. A building permit is not required to dig test holes and is not considered to be construction done under this permit. This permit may be renewed. Carc4. ef.t.59—Mi 1" °/"I't r7L) 4C7-6471/(e-itt /9 a° -( a pilveci a� y i4keA4 Scl&4 a/vt �eal te/tA / s� & 14 wt e c d 104_ aC :O g7 4, - (r s "2'4' 1✓! �f n Ccv �Dse Yom// ap c14 s y„ y �c2Lovi7L aDi d i2a.4 5 iietwa 'tell /fit. F S- QLS D rni-t J `9 Wi;14 c/0 1'` i g ,.,) e ?/ vxa 5 4 �°� •�-�` s ue` S t a el $ , 4.44d c Ai dM-GQ rs evl ,tA,s (IL y / Slahf Tes /274/9/s Zrk / 1, e p77 e C/- /, a el v a /et 1, 4 , weD ArK J. 6 wt.) cgtoM4TY DOCLOPMENT DEPT • RECEIVED APR 1 8 199U COMMUNITY DEVELOPMENT DEPT PS Form 3800, June 1985 P 6 5 7 9 1 6 6 4 3 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See- Reverse) • Sent to 51444— a444.4ht. Street and No. po8 Ye? P.O., State and ZIP Code 14/91. 41C POstage 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 anCIFeeS Postmark or Date Certified Mail Retum Receipt P 657 916 643 Scott Arndt P.O. Box 489 Kodiak, Alaska 99615 Kodiak Island Borough 710 MILL BAY ROAD KODIAK, ALASKA 99615 -6340 PHONE (907) 486 -5736 February 28, 1990 Re: Lot 15, Block 5, Elderberry Heights Third Addition Outdoor Storage Dear Scott: According to a memo received from the Building Department (copy enclosed), the uric building permit issued you on May 21, 1989, for a residential structure on the property rlut referenced above has expired. As you were notified by this office on June 27, 1989, the ` � van containing construction materials was permitted to remain on the property as a f 0 construction shack while the building permit was active. Without an active building permit, this outdoor storage once again constitutes a violation of Kodiak Island Borough Code (KIBC) Section 17.19.020. Failure to remove the van within twenty (20) days of your receipt of this letter, or to renew the permit, will require that the file be forwarded to the Borough Attorney for further enforcement action. Your cooperation 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: Doug Mather, Building Official Joel Bolger, Borough Attorney Complainant " frfok= c / Uv" /4(9 4/5 2/15/90 To Bob Scholze Community Development Kodiak Island Borough Regarding building permit #CB89058 1520 Selief Lane Lot 15 BLK 5 Elderberry Heights 3rd 710 MILL BAY ROAD KODIAK, ALASKA 99615-6340 PHONE (907) 486-5736 Building Department Bob Gloria Kennedy was in on 2/14/90 inquiring when above permit was issued. It was issued on 6/21/89 and is now out of date. I drove out to the site and found no construction had begunas of 2/14/90. There is still a storage van on the property. Doug Mathers Asst Building Inspector Scott Arndt P.O. Box 489 Kodiak, Alaska 99615 Kodiak Island Borough 710 MILL BAY ROAD KODIAK, ALASKA 99615-6340 PHONE (907) 486-5736 Re: Lot 15, Block 5, Elderberry Heights 3rd Addition Junk; Outdoor Storage Dear Scott: June 27, 1989 This letter acknowledges compliance with the administrative decision requiring the clean-up of junk and garbage from your property referenced above. Since you obtained a building permit June 21, 1989, the van containing construction materials which had been illegally stored on the property is permitted to remain as a construction shack during the period of time that the building permit is active. Thank you for your cooperation. Sincerely, Bob Scholze, Associate Planner-Enforcement Community Development Department cc. Joel Bolger, JAMIN EBELL BOLGER & GENTRY Complainant KODIAK ISLAND BOROUGH Community Development 710 Mill Bay Road (Room 204), Kodiak, Alaska 99615 -6340 - Phone: (907) 486-5736, extension 255 ZONING COMPLIANCE PERMIT Permit #: C.Z- 8I —. tloCD Property Owner /Applicant: 5�`e 7 Mailing Address: deG, �D ' i JA Phone: / ' 3 7%/S 2. Legal Description: fo f /S .IA Street Address: Description of Existing Propertyicunentzoning: A7 – 2 —'T ' J5,20 Se / c°. L r. v c° Tax Code l q 2Z ©S po (, — a. Is road access available kw emergency vehicles? Yes: No: b. Is the water supply adequate for any structure other than a single-tamify residence or duplex? Yes: 2C No: c. (Contact and note-confirmation from the appropriate fire chief or note personal kQro ledge.) Number and sae of parking spaces required (onsite identification of perking spaces is required - Yes: No: /7)", Tu,re_ Nt6 7.43 Off- street loading requirement: 4/14- related requirements (e.g., plat notes, easements, subdivision conditions, eta): /C) .4,, 5.uer►4 S>et -- Ls- (c.c/ C._awtitn.o-t' sc� Gage + w. IlRnlrtum Required Lot Area: `7E Z8-C) 0 Width: (e i ( width: `c / ' Minimum Required Setbacks: Sides: ,s/ (ODD ta.v- SatL, SQL (o- - (Ct,*. c z&• Q . 4-) f 0 / Rear Actual Lot Area: —7r Zd 1 ` Front 2 S uliding Height ?j S Use and eke of existing structures on the lot 4. Description of proposed action (attach site plan): szel- Other requirements (e.g., zero krt line, additional setbacks, projections inb yards, screening, etc.): AI14- Coastal Management Program Applicable Polices (check appropriate category) - Residential: Business. Industrial: Other (rst): Is die proposed action consistent with the KIB Coastal Management Program? - Yes: fb: If the proposed action conflicts with the Coastal Management Program pokes, attach a sheet that notes the poi y(res), descnbes the =flings), and specifies conditions b mitigate the cantrict(s). AttachmsrW(s)- Yes: No: X Applicant Certification: !beret" certify that I will comply with the provisions of the Kodiak Island Borough Code and that I have the authority to certify this as the property owner, kx as a representative of the property owner. I agree to have Identifiable comer? erkers i, - •: in the 6J. f verification of setbacks. Br Supportkug documents attached (died ): Staff approval: Distriuszn: itt survey: Other (rst): Date: /7/ Building Official Idle: APprrca if THIS FORM DOES NOT AUTHORIZE CONSTRUCTION WHEN A BUILDING PERMIT IS REQUIRED Match 1989 APPLICATION FOR BUILDING PERMIT AND CERTIFICATE OF OCCUPANY - CITY OF KODIAK - KODIAK ISLAND BOROUGH - BUILDING DEPARTMENT Telephone: 486-3224 700 Mill Bay Road (APPLICANT TO FILL IN ALL INFORMATION WITHIN BOLD LINES. PLEASE PRINT. USE A BALLPOINT PEN AND PRESS FIRMLY.) (OFFICE USE ONLY) ...1.„ STREET ADDRESS: CLASS AND SCOPE OF WORK: SPECIFICATIONS: BUILDING PERMIT NUMBER: DATE OF APPLICATION: te ? LOT : BLOCK ) AC/0CA NEW /0"- DEMOLITION FOUNDATION FOOTINGS STEM WA PIERS ZONING COMPLIANCE : DATE ISSUED: - ALTERATION REPAIR TYPE , - ..` . - SUBDI)/IS10,18 / SUR ■ Elif iv - A-UP/ .Aeoz /AV/47'5 SlI I ADDITION MOVE DIMENSIONS ,f‘ X • 2 X .2 ..y 2 VALUTION BASIS: BUILDING ' RMIT FEE: , PC2 ./V g VALUAT N: ' /()c/. 2.0 PLAN CHECK FEE: DEPTH IN GRND REINFORCENIENT , 34: °',Rep4,-3t,s, V.',/ ; e 1 57,,p Tr /J4 140 r: e 5 ,,,J IV1 N E R NAM • L X2ll USE OF BUILDING AUTHORIZED By THIS PERMIT: / A9e5 ) len 710 f - 5--e , (0 BOLT SPACING h . e MAILING ADDRESS: 9,r SPACE HEIGHT Vel,., INCHES OCCUPANCY GROUP: TOTAL FEE: A BEIM H DIV. 1 2 ) 4 5 6 / 6N', Y° CRAWL SPACE VENT 2 ,..,, , 8 "X Ve,,/, SO. FEET. RECEIPT NO.: / 07,7 0 2_ CITY & ST A ' o t(/ SIZE /4) 9,e) 5, HEIGHT .2_4- STRUCTURAL SPECIES & GRADE SIZE SPACING SPAN . EACH OF-THE FOLLOWING STAGES OF CONSTRUCTION REQUIRES INSPECTION BE REQUESTED & COMPLETED PRIOR TO PROCEEDING WITH ANY FURTHER WORK: FOR INSPECTION CALL 486-3224 NO. OF ROOMS STORIES TELEPHONE • '98‘ — 75i5- NO, OF FAMILIES GIRDERS /9 - 2 46` X/2 /3' .0 /I) TYPE OF BUSINESS /, GIRDERS A R C H E N G NAME: NO. OF SLOGS NO ON LOT JOISTS 1ST FLOOR iii '2t 2X AO lZ "el, /3 USE OF EXISTING BLDGS JOISTS 1ST FLOOR TYPE OF CONSTRUCTION I II III IV 1-HR FR H.T. MAILING ADDRESS: SIZE OF LOT ;WO 5 JOISTS 2ND FLOOR WATER: PUBLIC 1--'*--- PRIVATE JOISTS 2ND FLOOR CITY &STATE: SEWER: PUBLIC J £ PRIVATE CEILING JOISTS Tr a Ts es' INSULATION TYPE & THICKNESS: EXTERIOR A S X ' 0, EXCAVATION BEARING WALLS ef? 42 cad, .,, ca 07 d' TELEPHONE : FOUNDATION ,-/, / " ler 4,. UNDERGROUND UTILITIES INTERIOR WALLS ,,,?,r4/ /-1 f X y g "oz. DRIVEWAY PERMIT: FOUNDATION/SETBACKS STATE LICENSE : WALLS "-if /C-,: 9g-- / 1' ROOF RAFTERS /k/g SUBMITTED FRAMING ROOF CE N - 3 J, TRUSSES APPROVED OUGH ELECTRICAL N T R A C T 0 R NAME: SHEATHING TYPE IZE: FURNACE 'TYPE: s / F.; 0 rt., ROUGH PLUMBING 1 / FLOOR -74/ 774 e. ADEC APPLICATION: FINAL SUBMITTED ... DATE C.O. ISSUED: WOOD HEATER YES MAILING ADDRESS: FINALAPPROVAL WALLS, X " e„gx CITY & STATE: ROOF Ya " c »- TYPE TYPE ALASKA FIREMARSHALL REVIEW: SUBMITTED: APPROVED: I HEREBY ACKNOWLEDGE THAT I HAVE READ THIS APPLICATION, THAT IT IS CORRECT AND THAT I AGREE TO COMPLY WITH ALL ORDINANCES AND LAWS REGULATING BUILDIN CON ' TION ..,' / APPLICANT: . ,,, TELEPHONE : FINISH MATERIAL: ROOF _ .04■ / APPROVED-BUILDING OFFICAL: )1110 % 0 ..... STATE LICENSE : EXTERIOR SIDING vVooa INTERIOR WALLS .54 pelf cy e,4 NOTES: , . MATTHEW D. JAMIN C. WALTER EBELL JOEL H. BOLGER* DIANNA R. GENTRY ALAN L. SCHMITT *ADMITTED TO WASHINGTON AND ALASKA BAR ALL OTHERS ADMITTED TO ALASKA BAR JAMIN, EBELL, BOLGER & GENTRY A PROFESSIONAL CORPORATION ATTORNEYS AT LAW 119 FIRST AVENUE SOUTH SUITE320, MAYNARD BUILDING SEATTLE, WASHINGTON 98104 Bob Scholze Kodiak Island Borough 710 Mill Bay Road Kodiak, Alaska 99615 FACSIMILE: (206) 623 -7521 TELEPHONE: (206) 622 -7634 REPLY TO SEATTLE OFFICE June 8, 1989 Re: Kodiak Island Borough v. Scott Arndt No. 3K0 -89 -130 CIV Dear Bob: J KODIAK OFFICE: 323 CAROLYN STREET P.O. BOX 4269 KODIAK, ALASKA 99615 FACSIMILE: (907) 486 -6112 TELEPHONE: (907) 486 -6024 I just wanted to remind you that this matter is still on hold. Scott has not responded to the complaint we filed against him so he is technically in default. If he has indeed secured a building permit and cleaned up the property, I will dismiss the case. Please let me know which way•to go. Sincerely, JAMIN, EBELL, BOLGER & GENTRY oel H. tiger Attorney JHB:ss 4095 \99L.005 RECEIVED JUN 12.1989 COMMUNITY DEVELOPMENT DEPT ( 53 " ( vi 4,44 Jui'vz'al- lyt/0-54ref cr-rtif eAdil, vi ‘zit, MATTHEW D. JAMIN C. WALTER EBELL JOEL H. BOLGER. DIANNA R. GENTRY ALAN L. SCHMITT •ADMITTED TO WASHINGTON AND ALASKA BAR ALL OTHERS ADMITTED TO ALASKA BAR JAMIN, EBELL, BOLGER & GENTRY A PROFESSIONAL CORPORATION ATTORNEYS AT LAW 119 FIRST AVENUE SOUTH SUITE 320, MAYNARD BUILDING SEATTLE, WASHINGTON 9 8104 FACSIMILE: (206) 623-7521 TELEPHONE: (206) 622-7634 Scott ft½rndt P. 0. Box 489 Kodia4c, Alaska 99615 REPLY TO SEATTLE OFFICE March 1, 1989 KODIAK OFFICE: 323 CAROLYN STREET P.O. BOX 4269 KODIAK, ALASKA 99615 FACSIMILE: (907)486-6112 TELEPHONE: (907) 486-6024 6 - 1989 COMMUNITY DETELOPMEN: Re. Lot 15, Block 5, Elderberry Heights Fourth Addition Dear Mr. Arndt: I have eceived instructions from the Kodiak Island Borough to prepare a complaint requesting an injunction concerning the unlawful use of the above-described property. The basis for the complaint is that the storage of the van on that property is not permitted in the two family residential district in the absence of a building permit; and that the accumulation of garbage and debris consisting of tires, pallets, crates, fishing line, metal buckets, and open containers of grease constitutes a junk yard, which also is not permitted in that district. I have prepared a draft complaint for filing. You may avoid significant costs and attorney's fees if you take steps to remove the van and the garbage from the property at your earliest oppor- tunity. Please feel free to contact me or Linda Freed at the Planning Department if you. have such a proposal to avoid unnecessary court action. JHB:ss cc: Linda Freed/ 4095\SAL.003 Sincerely, JAMIN, EBELL, BOLGER & GENTRY oel H. Bolger Attorney Kodiak Island Borough 710 MILL.BAY ROAD KODIAK, ALASKA 99615-6340 PHONE (907) 486-5736 DATE: February 28, 1989 TIME: 2:04 p.m. CHARGE TO: Community Development TRANSMITTED TO TELECOPY NO.: (206) 623-7521 AUTO DIAL CODE: *00 ATTENTION: FIRM: FROM: Joel H. Bolger Jamin, Ebell, Bolger, and Gentry Linda Freed, Community Development Director KODIAK ISLAND BOROUGH TOTAL PAGES TRANSMITTED, INCLUDING THIS COVER SHEET: 2 REMARKS: We are transmitting to you from Telecopy Number (907) 486-5960. If you are not receiving properly, or should for some reason not receive all pages, please telephone the undersigned at (907) 486-5736, ext. Thank you. Transmitter KoblAK Tif)b, ASSESE-OR'S Ot- RECEIVE STATUTORY • rl rjUI:26 1g83 WARRANTY DEED BOOK 7,8191: 0120 ( Section 34.15.030 A.S. ) Kudiak Recording District The Grantor TiFINHART J. GROTHE (Place of residence) for and in consideration of Ten Dollars and other good and valuable consideration in hand paid, conveys and warrants to SCOTT ARNDT, a married man whose address is Box 489, Kodiak, Alaska 99615 the following described real estate: Alaska, to wit: (grantees) situated in the Kodiak Recording District, Third Judicial District State of Lots One (1), and Two (2), Block Four (4) and Lot Fifteen (15), Block Five (5), Elderberry Heights Subdivision, Third Addition, according to Plat 82-16, in the Kodiak Recording District, Third District, State of Alaska. FURTHER SUBJECT TO: DATED. this ?4'LO i 68 6 Pot 74r. / AS7c9 Easements, restrictions, Reservations and Covenants of record. day' of M y ECORDED-Ffirtr"" KODIAK RECORDING DISTRICT :Di L7 ADDREss , 19 Grantors: 4 03 PH '83 /512114711(9.r."- LENHART J. GROfIE t SEAL) ACKNOWLEDGMENT State of Alaska Judicial Division sa. I, the undersigned, hereby certify that on this day of , 19 , personally appeared before me, to me known and known to me.to be the individual(s) described in and who executed the within instrument, and acknowledged that signed and sealed the same freely and voluntarily as act and deed, for the uses and purpose therein mentioned. DATED at , Alaska, the day, month and year herein last above writte.t. Notary Public for Alaska y mmi ion expires: ACKNOWLEDGMENT of Alaska State and Judicial Division SS. L the undersigned, ft, Da40 ereby certify that or this sa day of , 19 3, personally appeared before nie. NHART J. GROTHE to me known and known to me to be the indiVicitidsllsildiltili-cir141"L""*N. in and who executed the within instrument. tiii,eackeiliwIt:s3Wect'-' "-•...... that he ::•':-.--:- .0 1 - • % '-'1, --., signed and sealed tpe..§itme treelyiand . ,: . voluntarily as his purpose therein mentioned, act and deed,-for the uses and : - , - : -: -;-- Al, : .-:'' N ....., :.: "the DATED at • - 4, ...... day. month and year herein last above written. i :. ...,,. . .... ...- -•,..„ I • ANifI% .-.s• 7 . t'/-rdt4frr Notary P ic for Aloe My commission expires: ...L. .. ............... • TO: Joel Bolger AUTHORIZATION TO REQUEST LEGAL OPINION DATE: February 22, 1989 ACCOUNT #: 010-141-510-25-49 SUBJECT OF REQUEST Noncompliance with deadline to remove illegally stored van and junk from residential property, re: Lot 15, Block 5, Elderberry REASON FOR REQUEST Initiate legal proceedings to obtain compliance. REQUESTED BY: Linda Freed, Director Community Development Dept. REVIEWED BY: Jerome Selby, Boroullik -yor AUTHORIZED BY: Signed copy to Community Development Department cn Ann Weideman, Purchasing Agent .2-/47 SENDER: Complete items 1 and 2 when additional services are desired, and completejtems 3 and 4. ?ut 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 posraster for fees and chi-Or-be es) for additional service(s) requested. k' Show to whom delivered, d• :, and addressee's address. 2. 0 Restricted Delivery c arge)t t(Extra charge)t 3. A U 1 Addressed to: Scott Arndt Box 489 Kodiak, Alaska 99615 4. Article Number P 657 916 658 Type of Service: ❑ Registered ❑ Insured Z.Certified ❑ COD ❑ Express Mail Always obtain signature of addressee or agent and DATE DELIVERED. 5. Signature — Addressee X 8. Addressee's Address (ONLY if requested and fee paid) 6. Signature — Agent x LrrAt. 7. Date of Deliver PS Form 3811, Mar. 1987 f * U.S.G.P.O. 1987 - 178 -26B DOMESTIC RETURN RECEIPT P 657 916 658 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) Sent to 4r,, 444,611- and No. P.O., State and ZIP Code klfrial 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 f'11/!7 ) „ Certified Mail Return Receipt Number P 657 916 658 Scott Arndt P.O. Box 489 Kodiak, Alaska 99615 Kodiak Island Borough Re: Lot 15, Block 5, Elderberry Heights 4th Addition Van Storage/Garbage Dear Mr. Amdt: 710 MILL BAY ROAD KODIAK, ALASKA 99615-6340 PHONE (907) 486-5736 January 17, 1989 Renewed complaints have once again brought the Community Development Department's attention to a long-standing violation consisting of outdoor storage of a van on your residential property referenced above (Kodiak Island Borough Code 17.19.020). Additionally, garbage and debris consisting of tires, pallets, crates, fishing line, metal buckets, and open containers of grease has accumulated on the property and is an attractive nuisance as well as an eyesore. This constitutes, by definition, a junkyard, and also violates the same section of the Code addressing permitted uses in an R-2--Two-Family Residential Zoning District. You received notification in the form of an administrative decision from this office on October 22, 1987, ordering the discontinuation of the unlawful use of Lot 15. You were given the alternative 01 (1) removing the van to a business or industrial zoned district; (2) obtaining a zoning compliance and building permit for your proposed duplex, qualifying the van as a construction shack for the term of the permit; or (3) appealing the administrative decision within ten (10) days to the Planning and Zoning Commission. None of the alternatives were complied with, even though your compliance period, due to major departmental personnel transitions in the intervening period, has become extended, essentially, to one of fifteen months. This letter now notifies you that you are in violation of the original administrative decision and that you are expected to remove the van and clean the garbage from this property within twenty (20) days (February 6, 1989). Noncompliance will result in the matter being turned over to the Borough attorney. Kodiak Island Borough Certified Mail Return Receipt Number P657 916 658 Scott Arndt January 17, 1989 Page Two Your cooperation 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: Complainant EA' E'sFSEMgM' c 7 704 7, BOO .f. f LEGAL DE5CQIPTION, is Thet portion of ansubcd %vide" LL 5. 5ury 57`-.974e of A /aska , hounded ch 1he r7or tfr by £ /derberry A/eigh Subdivision , 2' west' by Tracf "H ", GVaf A(° 8/ -19. Described as fo /. /oH/5 : Jan. 12, 1989 Memo: To: File From: Bob Schol spleu ; go Re: Van storage and garbage on Lot 15, Bk. 5, Eledrberry Heights, 4th Addition Site visit Jan. 11 in response to a complaint revealed van storage and garbage accumulation on an R -2 lot (photos). The complainant was principally concerned about the safety of children playing around the temporary meter base and the frayed electrical cord running from the base to the van. The complainant was also concerned with open buckets of grease that were a source of extreme mess and also perhaps a health haz *ard. _pi& it ;74 ..10fti. September 30, 1987 CERTIFIED MAIL RETURN RECEIPT REQUESTED RECEIPT NO. P 467 839 940 Kodiak Island Borough 710 MILL BAY ROAD KODIAK, ALASKA 99615 -6340 PHONE (907) 486 -5736 r((2/1 Mr. Scott Arndt P. O. Box 489 Kodiak, Alaska 99615 Re: Lot 15, Block 5, Elderberry Heights 4th Addition - Van Storage Complaint withdrawal - Administrative Decision Stands Dear Mr. Arndt: On September 29, 1987 the complainant called this office and withdrew their complaint about the outdoor storage of the van on Lot 15. As you are aware from my September 21, 1987 administrative decision, outdoor storage is not a permitted use of land in an R2 district. Be advised that although the complaint has been withdrawn, the Borough is now the complainant and you must cease the illegal use of Lot 15 in accordance with the September 21, 1987 administrative decision. Your cooperation will be appreciated. Sincerely, KODIAK ISLAND BOROUGH Gorton Gould Zoning Officer Community Development Department cc: Jerome M. Selby, Borough Mayor gg :cp September 21, 1987 • CERTIFIED MAIL RETURN RECEIPT REQUESTED RECEIPT NO. Mr. Scott Arndt P. 0. Box 489 Kodiak, Alaska 99615 Kodiak Island Borough 710 MILL BAY ROAD KODIAK, ALASKA 99615-6340 PHONE (907) 486-5736 Re: Lot 15, Block 5, Elderberry Heights 4th Addition - Van Storage Administrative Decision Dear Scott: In our September 11, 1987 conversation you were informed that this office received a complaint about the van being stored on Lot 15 which is zoned R2. You stated, as you did over a year ago, that the van contains material for a duplex which you intend to build on Lot 15. As you are aware, Kodiak Island Borough Code (KIBC) Section 17.51.070 Construction shack, allows for an accessory building without a main building used soley for the storage of tools and materials needed for construction upon the issuance of zoning compliance and a building permit until the permit expires or the building covered by the permit is occupied. You also stated that you were going to get the necessary permits but have not done so. Therefore, the purpose of this letter is to order the discontinuation of the unlawful use of Lot 15 in accordance with KIBC 17.75.010(A)(1)(2). There are three ways you can correct this violation of KIBC 17.19.020. (Permitted uses in an R2-Two family residential district): 1. Remove the van and relocate it on a lot located in a business or industrial zoned district; or 2. Obtain zoning compliance and a building permit for a main building thus qualifying the van as a construction shack subject to yard and building code requirements; or 3. Appeal this administrative decision to the Planning and Zoning Commission. r Mr. Scott Arndt September 21, 1987 Page 2 If you decide to correct the violation using alternative 1 or 2 above, you have until October 15, 1987. In accordance with KIBC 17.68.020 the above administrative decision is final unless appealed to the Planning and Zoning Commission within ten (10) days of the mailing of this notice. An appeal is commenced by filing with this office a written notice of appeal, specifically stating the reason for the appeal and the relief sought. Your cooperation will be appreciated. Sincerely, KODIAK ISLAND BOROUGH Gordon Gould Zoning Officer Community Development Department cc: Jerome M. Selby, Borough Mayor John Sullivan, City Building Official Complainant gg:cp odiak Island Boroug CLAIM CHECX y'C7 HOLD 710 MILL BAY ROAD 25A i�:�a ;KA 99615 -6340 CLAIM CHf CK, N0. ti� 8004` f v 13T NOTIrC* • :: 2ND;N0TIC V.,./11. /& .:,7 ' RETURN is'7� '1.---..\ kohl OPSct .. 3849 —A . !�o 1ST NOTICE'4 1 •� . MOVED A fdres P 467 839 940 UfCla :ilia:: suffirie • 2ND N0 � M MoD . fro'' :... r,•,..5 - •rt , f @r�alf ff•fc "val006 RETURN Detach P tF 980 M9 A Mr. Scott Arndt P. 0. Box 489 Kodiak, Alaska 99615 1E-Callifdr; OCT 2 0198i COMMUNITY ®EVEUUPEANT DEPM. 1 PS Fr"'1811, July 1983 447445 DOMESTIC RETURN RECEIPT Yodiak Island Borough 710 MILL BAY ROAD .. KODIAK, ALASKA 99615-6340 • NO. 81,5 0 9:7 CERTIFIED P 540 4 6 2 464 MAIL tnif owing Acres • Detached:from PS Form 3849—A Oct. 1980 p- 1;651 *, suffiie,w : 410 '41 Mot "Lifftessf _soot reIN, • 4 thi okefeno Mr. Scott Arndt P. O. Box 489 Kodiak, AK 9961 5 I V OCT 1 3 1g87 COMMUNITY DEVELOPMENT DEPT. . • . , f.- — 2 7 DOMESTIC RETURN RECEIPT available. Consult postrnaster for fees ancicheck bOx(eS) for savice(s) requested. to *ham, data and address of deliver". 2. 0 Restricted Mow. cr ce Article Number s-V-0 I_ qc,4 _ 5. Signature — Addressee X 6. Signature -= Agent , X 1 7. Date of Delivery 8. Addressee's Address (ONLY (freqUeStedanet (c (4 Islam4. Type of Service: E3 Registered 0 Insured untied 0 COD 0 Express Mail cD . .6 aw ..tc .4:3 law 2 cl IV (r (3 DOMESTIC RETURN RECEIPT Scrict ye—cfi L wtif ' • 45' 0 Saisill-o-e-,e. (.4),;:t 'Lillis- 65". d.o-, • 1.4;c4:Lt t ft 1 I . eJs a/xi_ y\-7-0- „fa- •