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ERSKINE ADD BK 3 LT 30 - Code EnforcementLAW OFFICES OF DANIEL JOSEPH O'PHELAN October 13, 2001 Martin Lydick 710 Mill Bay Road Kodiak, AK 99615 Re: Your visit. Dear Martin: I wanted to thank- you for--your visit -the -other -day.- You were-very- professional, informative, respectful, and helpful. I went to get a copy of the Zoning Compliance Permit and will be handing that in next week. If there are any other documents that you may need, let me know. You can contact me at anytime. Thanks again. Law Offices of Daniel Joseph O'Phelan Hardwork, Integrity, Tenacity - 212 East Rezanof Drive Kodiak, Alaska 99615 Phone 907- 486 -4130 Fax 907 -486 -4134 dophelan@yahoo.com Daniel Joseph O'Phelan Attorney at Law Daniel Joseph O'Phelan Attorney at Law 212 East Rezanof • Kodiak, Alaska • 99615 Phone: 907 - 486 -4130 • Fax: 907 - 486 -4134 Kodiak Island Borough Community Development Department 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486 -9363 Fax (907) 486 -9396 www.kib.co.kodiak.ak.us Thursday, October 11, 2001 HAND DELIVERED Mr. Daniel O'Phelan Post Office Box 8728 Kodiak, AK 99615 RE: Erskine Addition Block 3 Lot 30 / 212 East Rezanof Dr. Zoning: R3- Multifamily Residential District Documented Use: Single Family Residential Dear Mr. O'Phelan, In response to inquiries /complaints regarding the construction activity currently taking place on the property referenced above, the Community Development Department has reviewed the property file and has discovered that the required permits for the current activity are not in place. We prefer to believe that these irregularities are innocent over - sights on your part. We have included pertinent portions of the Kodiak Island Borough Code in the body of this letter for your review, and have included several enclosures, KIBC 17.06.320 Home Occupations, KIBC 17.20 R3- Multifamily Residential District, and KIBC 17.36 Existing Nonconforming Uses and Structures, which address issues related to your use of the property. Chapter 17.03 GENERAL PROVISIONS AND USE REGULATIONS Sections: 17.03.020 Conformity with regulations required. 17.03.060 Zoning compliance. 17.03.070 Building permit and conformity to zoning. 17.03.020 Conformity with regulations required. No building, part of a building, or any land shall be used, occupied, erected, moved, or altered unless in conformity with the provisions of this title for the district in which the building or land is located. FILE COPY N: \CD\ENF\word\Zoning Violations\Advisories\ErskineBk3Lt30.doc10/1 1 /011 17.03.060 Zoning compliance. Zoning compliance 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 established by this title, subject to the following: A. An application for zoning compliance will be filed with the community development department on a form provided by the department. If the application meets the requirements of this title, as verified in the department, and other applicable regulations, a permit will be issued. An as built of the property may be required to ensure that applicable requirements can be met, when existing structures are located on the property. Any zoning compliance permit issued is subject to the same expiration, suspension, and revocation provisions as a building permit issued for the same construction project (See Uniform Building Code 303(d) and (e), as currently adopted under section 15.02.020 of this code). B. ".. ". C. "..". 17.03.070 Building permit and conformity to zoning. No building permit, plans, or specifications will be approved which permits any violation, modification, or waiver of this title. When the terms of a building permit, plans, or specifications conflict with this title, the provisions of this title will govern. Please do not hesitate to contact this department with any question(s) you may have regarding this matter, or in the event that we may be of service in your effort to fully utilize the property in question. Thank you for your attention to,this matter, Martin Lydick, Associate Planner Kodiak Island Borough, Community Development Department Cc: Duane Dvorak, Director, CDD/KIB Cc: File N: \CD\ENF\word\Zoning Viol ations\ Advisories \ErskineBk3Lt30.doc10 /11 /012 FILE COPY 17.06.310 -- 17.06.335 17.06.310 Guest room. "Guest room" means any room in a hotel, dormitory, boarding, or odging house used and maintained to provide sleeping accommodations for not more than two (2) persons. Each one hundred (100) square feet or fraction thereof of floor area used for sleeping purposes shall be considered to be a separate guest room. (Prior code Ch. 5 subch. 2 §9B(part)). 17.06.320 Home occupation. "Home occupation" means a business, profession, occupation, or trade located entirely within a residential building, or an accessory structure which use is accessory, incidental and secondary to the use of the residential building for dwelling purposes and does not change the essential residential character or appearance of such building or neighborhood. A home occupation may be conducted in a dwelling unit provided that: A. Only one (1) nonresident, at a time, and the resident(s) of a dwelling unit may be engaged in the home occupation on the premises. B. If a nonresident is engaged in the home occupation on the premises, an additional off - street parking space shall be provided. C. The home occupation shall occupy no more than twenty -five (25) percent of the dwelling' s floor area including storage of wholesale or retail stock -in -trade (excluding the basement and garage from this calculation). D. There shall be no change in the outside of the building or premises nor shall there be other visible evidence of the conduct of such home occupation on the property other than one (1) sign not exceeding six (6) square feet in area and non - illuminated. E. Vehicles making deliveries shall not be parked on the site for a period exceeding two (2) hours and only between the hours of 8 a.m. and 8 p.m. F. No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, or odors detectable to the normal senses off the lot. No equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises or causes a fluctuation in line voltage off the premises - No equipme nt, process or product shall be allowed in such home occupation which presents a clear safety h azard (e.g., fire, health) to the structure or the neighborhood. (Ord. 90 -32 §3, 1990; Ord. 86 -27 -0 §2, 1986; prior code Ch. 5 subch. 2 §9B(part)). 17.06.330 Hotel. "Hotel" means any building or group of buildings in which there are six (6) or more guest rooms used, designed, or intended to be used for the purpose of offering to the general public food, lodging, or both, on a day - to-day basis. (Prior code Ch. 5 subch. 2 §9B(part)). 17.06.335 Industry. "Industry" means the manufacture, . storage, extraction, fabrication, processing, reduction, destruction, conversion, or wholesaling of any article, substance, or commodity, or any treatment which changes the form, character, or appearance of a resource material or previously manufactured item. (Ord. 81 -40 -0 §1(part), 1981). 17 -16 (KIB 10/98) Supp. #22 • Sections: 17.20.010 17.20.020 17.20.030 17.20.040 17.20.050 17.20.060 17.20.070 17.20.080 Chapter 17.20 R3-MIJLTIFAMILY RESIDENT Description and intent. Permitted uses. Area requirements. Yards. Building height limit. Public service requirement. Group housing. Site plan requirement. 17.20.010-17.20.020 CT 17.20.010 Description and intent. The R3-Multifamily Residential. Zoning District is established as a land use district for one-family, two-family and multifamily dwellings and limited office uses where public water and sewer services are available. For the multifamily residential zoning district, in promoting the general purposes of this title, the specific intentions of this chapter are: A. To encourage the construction of one-family, two-family and multifamily dwellings;. B. To prohibit commercial and industrial land uses and any other use of the land which would interfere with the development or, continuation of one-family, two-family and multifamily dwellings in this district; C. To encourage the discontinuance of existing uses that are not permitted under the provisions of this chapter; D. To discourage any use which, because of its character or size, would create requirements and costs for public services, such as police and fire protection, water supply and sewerage, before such services can adequately be provided; and E. To discourage any use which would generate other than normal vehicular traffic on streets serving residents on those streets. (Ord. 83-17-0 §4(part), 1983). 17.20.020 Permitted uses. The following land uses are permitted in the multifamily residential district: A. Accessory buildings; B. Beauty shops; C. Boardinghouses; D. Churches; E. Clinics; F. Greenhouses; G. Home occupations; H. Hospitals; I. Multifamily dwellings; 17-47 (KIB 03/96) Supp. #14 17.20.020-17.20.060 J. Parks and playgrounds; K. Professional offices; L. Schools; M. Single-family dwellings; and N. Two-family dwellings. (Ord. 83-17-0 §3(part), 1983). 17.20.030 Area requirements. A. Lot area. The minimum lot area required, per dwelling unit, is as follows: Lot area required per dwelling unit Building type (in square feet) 1. Single-family 7,200 2. Two-family (duplex) 3,600 3. Three-plex 2,400 4. Four-plex 2,000 5. Five-, six- or seven-plex 1,600 6. Eight-plex or larger 1,200 B. Lot width. The min' imum lot width required is sixty (60) feet. (Ord._ 83-17-0 §4(p_ 1983). 17.20.040 Yards. A. Front yards. 1. the minimum front yard shall be twenty-five (25) feet unless a previous building line less than this has been established, in which case the minimum front yard for interior lots shall be the average of the setbacks of the main structures on abutting lots on either side if both lots are occupied. 2. if one (1) lot is occupied and the other vacant, the setback shall be the setback of the occupied lot plus one-half (1/2) the remaining distance to the required twenty-five (25) foot setback. 3. if neither of the abutting side lots or tracts are occupied by a structure, the setback shall be twenty-five (25) feet. B. Side yards. The minimum yard required, on each side of a principal building, is five (5) feet. The minimum side yard required on the street side of a corner lot is ten (10) feet. C. Rear yard. The minimum rear yard required is ten (10) feet. (Ord. 87-14-0 §8, 1987; Ord. 83-17-0 §4(part), 1983). 17.20.050 Building height limit. The maximum building height allowed is thirty-five (35) feet. (Ord, 83-17-0 §4(part), 1983). 17.20.060 Public service requirement. Water and sanitary sewer service from a certificated public utility or municipal system are required for lots in this land use district before a building permit can be issued. (Ord. 83-17-0 §4(part), 1983). 17-48 (KIB 10/98) Sup). #22 • 17.20.070 -- 17.20.080 17.20.070 Group housing. In the case of a dwelling group consisting of two (2) or more buildings, the contemplated arrangement of which makes it impracticable to apply the requirements of this title to the individual building units in the group, a conditional use permit may be issued by the commission if the plans of such dwelling group comply with the following standards and the requirements of chapter 17.67 of this title: A. That the proposed dwelling group will constitute a residential environment of sustained desirability and stability; that it will be in harmony with the character of the surrounding neighborhood; that it will result in intensity of land utilization no higher, and standards of open space at least as high, as permitted or specified in this title in the district in which the proposed dwelling group is located; B. That the tract of land on which the dwelling group is to be erected comprises at least eighty thousand (80,000) square feet;. • C. That the buildings are to be used for residential purposes and the customary accessory uses, such as garages, storage spaces and recreational and community activities; D. That the average lot area per dwelling unit on the side, exclusive of the area occupied by streets, will not be less than the lot area required for each dwelling unit in the district in which the dwelling group is to be located; E. That there are provided, as part of the proposed development, adequate recreation areas to serve the needs of the anticipated population; F. That off - street parking is provided on the basis of two (2) parking spaces for each dwelling unit within_the- development; -- , G. That the development will not produce a volume of traffic in excess of the capacity for which the access streets are designed; H. That property adjacent to the proposed dwelling group will not be adversely affected; I. That such dwelling group not be located in an industrial district; and J. That the proposed group housing development will be consistent with the intent and purpose of this title . to promise public health, safety and general welfare. (Ord. 83-17-0 §4(part), 1983). 17.20.080 Site plan requirement. All multifamily developments containing ten (10) or more dwelling units shall provide a site plan containing the information required by section 17.67.030 of this title. Said site plan shall be reviewed and approved by the commission prior to the issuance of a building permit. (Ord. 83 -17 -0 §4(part), 1983). 17 -49 (KIB 03/96) Supp. #14 3 Mill Bay Read (Rm. 205) Kodiak, Alaska 99615-6430 (907)486-9362 7 ONING COMPLIANCE PERMIT Permit # zoze..0 7 ■■■■■■••■■■■■■■■• Property Owner/Applicant: 4 0 ite io Mailing Address. (iig l‘: /y4F j 25, Phone: q& ~ qz3o Legal Description:ckm) e ,N1'3 Lot SO Street Address- J_,/e: 6 /P_se-z4i.)X bk. Tax Code #: ,U2%253 C'300 Description of Exiting Property/current Zoning: - .. Minimum Required Lot Area: cZ c900 Width: 615`. Actual Lot ArPa: 5; 4/99 4 Width: 8-'6- mtum Required Setbacks: Sides: 5' Rear: /(.74. Maximum Building Height: Use and size of existing structures on the lot: 6FZ X-(S-0-ty Description of proposed action (attach site plan): Number & size of parking spaces required per parking/site plan dated: S git/ • Off-street loading requirements: Plat/subdivision related requirements(e.g. plat notes, easements, subdivision conditions, drainage plan review etc.) Other requirements (e.g. zero lot line, additional setbacks, projections into yards, screening, etc.) Coastal Management Program Applicable Policies (check appropriate category) Residential: 0"---- Business: Industrial: Other Is the proposed action consistent with the KIB Coastal Management Program: Yes -' No If the proposed action conflicts with the Coastal Management Program policies, attach a sheet that notes the policies, describes the conflicts, and specific conditions to mitigate the conflicts Attachment: Yes Other: Subd. Case #: PIat #: Bldg. Permit #: 6. Driveway Permit (State, Borough, City) by/date: THIS FORM DOES NOT AUTHORIZE CONSTRUCTION WHEN A BUILDING PERMIT IS REQUIRED 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. Applicant Certification: 1 hereby 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, or as sentative of the property owner, I agree to have identifiable corner markers in place in the field for verification of setbacks. By: )c)f. 111P A-IAA I 1 A Title: Date: Other (list): Supporting documents attached (check one): Si e P an As-built survey: Community Development staff for zoning, by: Title: 44/'c1 Date: Fire Marshal (UFC) by/date: 10. Septic System Plan Approved by/date: 01002:5852 10/151E001 Zonind Cmp 12:18:52 A It 1) S20.00 Paid in Full **4 Kodiak Island Boroduh Kodiak AK 93615 - . 1,907) 4K-9324 fl: (DI r_ st9— hY ..3()) 6r- C !,� Kodiak Island, Alaska TIC No tt,...,•, Taxpayer Information 10/11/01 7:55:06 2896 1 - TaPcPPYP.r.--- Inq 2 '-' Property 77■1 Itil7 Last Name Company Name:. First Name(s): Mailing Address: Bb X 8'7213' KODIAK State: AK 99615 111111 Carrier Route: AAAAAAAAAAAA Format: R Sot Leal ERSKINE ADD BK 3 LT 30 ,1,t1III, lease 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 Real Estate Information 10/11/01 7:55:29 (---\, R1140030300 Inq 'd entEtA.14,' Street Numb Dr Name Unit City Zip Code ' ' ' 212' ' *E. REtAgOF DR ' ' It013IAK 99615 Jurisdict • 01 City of Kodiak Sch Dist ., KISD Map Ref Section st*lifir. hippk, la'ot A . 00000 '0°.114, C(3:._- Sale Po:I**, E.c.6P Z011.e.* Zone 'Diet- Zon, e .117',Re,: R3 MULTI FAMILY RESIDENTIAL 151-4 'u • SFR Value )3.y: C CAMA Mass Appraisal oid liarc .: (More...) VIRDPZU'Vlease enter the parcel or account number (or press desired function) AP01020 F1=Add F2=Change F3=Exit F4=Prompt F7/F8/F17/F18=Scroll F24=More Keys At FA Size: fj" •-; ,/ . - Area: , . • Land Use: Valuaiion Code: Use Zone: Unit Price: INFLUENCES: PLUS MINUS Depth Topography Irregular Modification View Drainage KIBS182493 Physical Barriers , Access N/ Corner Water i. Sewer ... Sidewalk Paving Curb & Gutter Other TOTAL Net + (—) . AtIviAe Year of Valuation: 7i/ Basic Land Value Plus or (Minus) Factors Net Price of Land Remarks: ._seed ASSESSED VALUATION Land 13109s. Total LAND VALUE REASON_ FOR cHANGE a (0(45 1-1-5 Qbb a?1,1,;15 qsoqo 3'212 (ea 060 4/5: (a70 , 45 &OD '73 13-0o f (90 1111••...• 5 00V _074 (q an5 9,. D"Plkei-ANi DIN-q1 EL ..r /9y51-7PArc;W/Giq C, REMARKS IL 11 1 I 4g&Ae7e) wr 111 P6i 1/2310 KIBS182492 g,/va PICTURE: V' • , ,Z, r. 1 / i -)1 1 KIBS182493 1, • --.44? • "" .'caner y�rray��• tailing Address Property Address t 4. 'ermits ' bserved Physical Condition, IIILDING TYPE AND USE '"f‘ Single _Double _Other - Stories ▪ ettic Finish _Basement - !Frame. ' N "tptoncrete Block log. .. :''FOUNDATION .. u+ Concrete "° "" Thick Cone B i4Igi0 ` -wood Posts' Skids ` it' 'Wood Sills - s-, :,BASEMENT 4. EXTERIOR "= :'titi•k %rq, _Concrete Block rs; <bn vKy •. . Sheathing Kiwi -44_Building Paper Insulation Kind _Stucco _Siding hake Bnektex ' :� t fs4 k f Md 31 �r •1 log : Siding:�`w :` rgctlrs,1" A24 d �4tetG�t �a��s ..44k. N1r^7twryx,a"yr vets w,� r'�r ., , �, 4r t 5 vfavir r� i ,`- Cribbed" Conere ..•Outside Entrance • .liwng Area size Fin Wall ch r t"i_lCind .,�+Fm ;floor Kind �?Fsin #Ceiling ''tt kind hingle . Coin Position '# - hingle Insulation Tar��Paper Metal - and Built -up they' friii r�; tit T Date Built. 1�' 4/5 Interior 6. INTERIOR (Continued) s/ Trim %i 1.4 ri`'s'► `^'Kind Grade _P Floor Number Rooms Number Baths . Basement 1st Floor 2nd Floor 3rd Floor 6: INTERIOR ::.FRAME UNA e 'i4•�a -Walls - 2X Lt —1 •4n e. A�FYt' ,,:. • Bracing s door ')- Yf6'- /4''we. 'Ceiling 1' 4'e e. rOther ` Insulation Board • Plasterboard _Plaster '.' _Mosonry =Wood Paneling • Plywood ?/"..e.61) Unfinished —Open Stud Attic f,• Total #: Grade of +. `. Floor Plane Ceding � r Basement g..-.301),!.044 1st Floor Y2ndFlo6.1:". ttl_e 4 t Y Grade 4v !5• chen _Oven Built -i {Y 33, Sri�atgcj ?�i, _Range $uilRin Bath Room Finish a1�fY hr >154i S.v3.5r 11`lua'rr {: }' Attie Stairway "�*s` / t js _._Attie iUnfinished _Attic Useful ' _,_Number Dormers —Shed Type' Gable ' Size Foundation 7. Floors (Continued) {A FINISH Wood Concrete Bath Living Room Bed Room 1,(4/�. . 's'• .... 8. HEAT :ors +, ,•• eyliT Od Rim —Cool r.: of Wat� of air Forced • Space Heaterind .- .:.'Floor Furnace 4'rorJ�;.�i + • Niimber,of ey am —Kind 99�µ.. NUMBER,�.OFFIEPLACES „tr, __Basement ;�=y .e :1st Floor "Stoker VP, e41't' PLUMBING (Continued) �'`' ater. Source Sewer Source 3 10. ELECTRICAL y Wired �It∎ rode Service TOTAL GRADE " 11 GARAGE 3.7 9. PLUMBING 'wl5# 7. FLOORS '/ • 1st Floor - fir. ^%L•o c 't -r '' Post Size '` o e. Ream Size , ` o.e. 2nd Floor ! Y o.c. Other. Buildings Area Floor Roof Interior Heat Plumb _ 1 nit Cost sib^Y r,�F•.• a # Tubs_w /shower # Toilets #Basins ' #. Kitchen Sinks way _r# Shower Stalls_' #, Hot Water Tanks _# Gallons_Kind Grad 1 ;) 12 PORCHES 1Y A' 13. YARD IMPROVEMENTS _ #• Laundry Trays __Total Number Fixtures Adds & Deducts : Red. Cost Age Condition Building Cost kiets'`L ,r±? BUILDING VALUE CALCULATION OPERATIONS AND PROCEDURES BUILDING AREA CALCULATION Item, No., Area or Quantity 060 Unit Cost Total' S . Performed By Date rt t!OZ MIN 111111111M11111111111111221111 MI; ANN UMW Inspection Classification Calculation Review ft ADDITIONS AND DEDUCTIONS Square Feet Width Ground Area Length Area DEPRECIATION AND OBSOLESCENCE DEPRECIATION a. Effective Age ' Depreciation 147, 2a+; b. Observed Physical Condition e. Total Depreciation (a 414 Note p�4/ a /A -640Se_, — L,c94 - -3.. 7 G • Perimeter d. Net Condition (100 -e) %a OBSOLESCENCE e. Overimprovement f. Underimprovement g. Other h. N et Condition (100 - (e+ f -I-g) KIBS182495 i. FINAL NET CONDITION (d x h) SUMMARY OF APPRAISED VALUE Principal Building Appraisal D Other Principal • Buildings Appraisal Accessory Buildings _ Appraisal ,A95 Total Building Total Replacement Cost $ 7,77:5.7,77.1 Appraisal S v Cost Conversion Factor , Total Land !f% Apraisal Adjusted Replacement Cost TOTAL APPRAISED ;�ir�.� '! ,/.7 VALUE S ,S -lo e' Scale Ya" –5 Ft. . • • '• . tiling Address $ U.. ??2)(t .7 . Property Address /2 f) 1 rmits Date Built. / 9. served Physical Condition Exterior Interior !-' Foundation WING TYPE AND USE 4. EXTERIOR j siii 6. INTERIOR (Continued) ! Trim Kind 7. Floors (Continued) :a.,, a. Concrete Block L.Singte FINISH Wood _Double Sheathing Kind Grade 4! A G —Other _I. _ _Building Paper _P Concrete Insulation Kind _# Stories Bath • • • '' Stucco Floor Number Rooms Number Baths Finish °fa living Room / " t : ' ' _ _Attic _Basement .e.dL'oom,..a.,............., ..... c .:t..:7:,,.,,. Sidi-,g littld_st:an.wnu.nl. ,(4ar.: is +:r.w.-..:, -;i ... 1997 ASSESSMENT Parcel Number Street Address Historical Age EA / Bd -Ba / L/A Reviewer / Date ERSKINE BK 3 LT 30 R1140030300 210 REZONOF DR 1945 25 / 2 -1 / 912 ML 11/19/96 Single Family Residence Effective Age: 25 years Cost as of 6/96 Style: One Story Exterior Wall: Siding Floor Area: 912 square feet Quality: Fair /Average Condition: Good Units Cost Total Basic Square Foot Cost Including 5 Plumbing Fixtures Galvanized Metal Baseboard, Hot Water Floor Cover Wood subfloor Appliance Allowance Plumbing Fixture, Rough- In Subtotal Basic Structure Cost 912 59.66 54,410 912 912 912 912 912 1 912 2.36 4.70 3.08 6.92 2.85 389.00 80.00 2,152 4,286 2,'809 6;311 2,599 '389 72,956 Extras: Enclosed Porch - Solid Wall... WOODSTOVE ..................... Subtotal 158 41.07 6,489 1,118 7,607 Replacement Cost New........... 912 88.34 80,563 Less Depreciation: Physical and Functional Depreciated Cost <29.7%> 912 62.10 <23,927> 56,636 Rounded to nearest $100 Cost data by MARSHALL and SWIFT 56,600 N u..:anacw,