ERSKINE ADD BK 3 LT 32 & PTN 33 - Code Enforcement (2)KODIAK ISLAND BOROUGH
Telephones 486 -5736 - 486 -5737 — Box 1246
KODIAK, ALASKA 99615
July 20, 1983
Mr. Joe Purcell
Erwin, Smith and Garnett
3812 Spenard Rd.
Suite 201
Anchorage, AK 99503
Dear Joe:
RE: Your file KIBO8 B -13
Pursuant to our recent telephone conversation, enclosed please
find a copy of the sales agreement between David Chatfield and
the Kodiak Council on Alcoholism regarding Mr. Chatfield's
purchase of a modular (27' x 42') structure for the sum of
$2,700.
A telephone call to Mr. Omar Stratman on Monday, July 18, 1983
verified that the structure was purchased by Mr. Stratman from
Mr. Chatfield for a sum of $13,500.
If there is anything else we may do for your regarding this
matter, please do not hesitate to call on us.
Sincerely,
William Hodgins
Zoning Officer y /�Q� �,�, f(
cc : 82 -151 M 3 2-'1 M^t 3i Oz- -k AtAk°t '
Dave Waldron, Acting Borough Manager
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Enclosure
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NOVEMBER 4, 1982
CONTRACT BETWEEN
KODIAK COUNCIL ON ALCOHOLISM
AND
MR. DAVID CHATFIELD
I, Mr. David Chatfield,was awarded the bid for the modular (27' x 42') building
resting at 419 Hillside Drive, Kodiak, Alaska for $2,700.00 on October 6, 1982.
I paid (in cash) the $2,700.00 on November 4, 1982. I agree to forfeit one-half
of this money (1,350.00) if I have not moved the building off of the property by
December 4, 1982.
David Chatfield
Buyer
R.W. Aldrich
Executive Director
Kodiak Council on Alcoholism
KODIAK ISLAND BOROUGH
CASE FILE N O . S
LEGAL DESCRIPTION
OWNER OF RECORD Pet/0 Pet/0 CrA jce_
DATE PHOTOGRAPHS TAKEN
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ROBERT C. ERWIN
FLOYD V. SMITH
RICHARD W. GARNETT III
JAMES BENDELL
JULIE SIMON
DAVID W. BARANOW
JOSEPH D. PURCELL
MICHAEL R. BOLING
JANET D. PLATT
ROGER A. LUBOVICH
ERWIN, SMITH, GARNETT & BENDELL
ATTORNEYS AT LAW
3812 SPENARD ROAD, SUITE 201
ANCHORAGE, ALASKA 99503
PHONE (907) 276-3125
Mr. William R. Hodgins
Kodiak Island Borough
P.O. Box 1246
Kodiak, AK 99615
Dear Bill:
March 24, 1983
Re: KIB v. Chatfield
Our file: KIB 08 B-13
Kodiak Island Borough
Kodiak, Alaska
RECEIVED
MAR291983
AM PM
7.1 t19 I1P11.111M 2 3
Enclosed is a copy of our Reply to the
Defendant's Affirmative Defenses and Counterclaim in the
above-referenced case.
We will continue to keep you advised on this
case as it progresses.
JDP/jec
cc: Phil Shealy
Encl.
Yours tru
cr
(:Jieph D. Purcell
ERAN, SM11H,
GAMUT & MULL
3512 -Sword Rai
Suite 201
4ncticraga, AK 99503
(907) 276-3125
IN THE SUPERIOR COURT FOR THE STATE OF ALASKA
THIRD JUDICIAL DISTRICT AT KODIAK
KODIAK ISLAND BOROUGH,
Plaintiff
vs.
DAVID CHATFIELD,
Defendant.
Case No. 3K0-83-23 CIV.
REPLY TO AFFIRMATIVE DEFENSE AND COUNTER-CLAIM
In reply to the defendant's Affirmative Defenses, the
plaintiff respectfully states:
1. Paragraph 1 of the Affirmative Defenses is
denied.
2. Plaintiff denies each and every allegation in
paragraph 2 of the Affirmative Defenses, except to admit that
William R. Hodgins issued a zoning compliance for city building
permit #4976, and that the building was moved and placed on the
property of the defendant on the same day the defendant received
a certified letter rescinding zoning compliance for said permit.
In reply to defendant's Counterclaim, the plaintiff
respectfully states:
1. Paragraph 1 of the Counterclaim is admitted.
.0 •
Plaintiff is without knowledge or information
sufficient to form a belief as to the truth of the allegations of
paragraph 2.
3. Paragraph 3 of the Counterclaim is denied.
4. Plaintiff is without knowledge or information
sufficient to form a belief as to the truth of the allegations in
paragraph 4 of the Counterclaim.
5. Paragraph 5 of the Counterclaim is denied.
AFFIRMATIVE DEFENSES TO COUNTERCLAIM
As and for Affirmative Defenses to the defendant's
Counterclaim, the plaintiff respectfully states:
1. The Counterclaim fails to state a cause of action
upon which relief can be granted.
2. Zoning compliance for city building permit #4976
was properly rescinded pursuant to Kodiak Island Borough Code;
§17.75.010 A.4.
3. The defendant was notified by certified letter
dated November 17, 1982 that zoning compliance for city building
permit #4976 was rescinded. A copy of said letter is attached
and designated Exhibit A. The certified mail receipt, also
attached, indicates •that the defendant received the letter on
November 19, 1982, the same day he moved the building onto the
property.
4. Issuance of an invalid permit in violation. of.
zoning laws does not estop a local government from revoking the
permit and enforcing zoning ordinances against the permittee.
5. this Counterclaim should be dismissed until the
defendant has submitted a variance application and otherwise
exhausted his administrative remedies.
WHEREFORE, having fully replied to the defendant
Affirmative Defenses and Counterclaim, the plaintiff prays that
judgment be granted for plaintiff as set forth in the complaint
. on file, that the defendant's Counterclaim be dismissed with
prejudice, and that the plaintiff be awarded its reaonsable
attorneys' fees and costs incurred herein.
.
DATED this 'day of March, 1983 at Anchorage,
Alaska.
CEkTi 1' ICATE or MAI Li NG
ccri■fy i !Int 1 causncl Cl copy of
z-d to r...,'ach jsrirty on
1 983—,
A ,414
Ama:aabde
rBy
ERWIN, SMITH & GARNETT
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• BY: rx-/
Joseph D. Purcell
KODIAK ISLAND BOROUGH
December 14, 1982
Mr. Joe Purcell
Erwin, Smith and Garnett
3812 Spenard Road
Suite 201
Anchorage, Alaska 99503
Dear Joe,
Telephones 486-5736 - 486-5737 — Box 1246
KODIAK, ALASKA 99615
RE: Case 82-152. Lot 32, portion of Lot 33, Block
3, Erskine Subdivision. (David Chatfield)
We request initiation of legal proceedings against Mr.
David L. Chatfield for his non-compliance associated
with an accessory building located on the above referenced
property.
In our opinion the following portions of Borough Code are
being violated:
1. 17.03.020 in that this structure and the use of Lot
32, pt. 33 is not in conformity with the adopted Borough
Codes; and
2. 17.51.050 in that the total area of this structure
exceeds that which is allowed for accessory buildings.
A brief description of this case involves City Building permit
#4976 issued on October 13, 1982 to Mr. Chatfield to locate a
27' x 42' accessory building in the rear yard of this property
located at 208 Rezanoff Drive. On November 17, 1982 an error
was discovered regarding this permit which warranted revocation
of same. A certified letter was sent to Mr. Chatfield inform-
ing him of this error and notifying him that permit #4976 was
revoked. The accessory building was also moved to Mr. Chatfield's
property on November 17, 1982.
On December 3, 1982 Mr. Chatfield obtained a variance application
to allow the structure to remain on this property. This
application was never submitted as Mr. Chatfield felt that
the application fee was too excessive.
As it stands now, Mr. Chatfield's ten day "grace" period
has expired, therefore we request you proceed through legal
avenues to obtain compliance. We desire to have Mr. Chat-
field either (1) remove this structure from this property
entirely or (2) bring the size of this structure into con-
formity with Borough Code Section 17.51.050.
Case 82-152
Page 2
December 14, 1982
Thank you for your time and efforts on this request. Should
you have any questions of us regarding this case, please d:)
not hesitate to call on us at 486-5736.
Sincerely,
Willia R—Flo ns
Zoning Officer
Community Development Department
CC: Morris Lee, City Building Inspector
Case 82-152
Dave Chatfield, Box 2858
WRHIjird
KODIAK ISLAND BOROUGH
MEMORANDUM
DATE: December 6, 1982
TO: Will Walton, Director of Community Development
FROM: Bill Hodgins, Zoning Officer
BE: Case 82-152, Dave Chatfield
On this date (December 3, 1982) at 2:00 p.m. Mr. David
Chatfield came into the office to submit a variance
application requesting that his oversized accessory
building remain on his property at 208 Rezanof Drive.
Before accepting this application I informed Mr. Chatfield
that the application fee would first have to be paid and the
receipt number noted on the application form. Mr. Chatfield
was instructed to see the Borough Cashier to pay this fee. I
call the Cashier's office to inform Mrs. Beukers that as of
last nights regular Borough Assembly meeting, with the pass-
age of Ordinance 82-47-0, the fees for all zoning and land
use requests had been changed to $50.00.
Mr. Chatfield came back up to the office and state, that he
refuses to pay this fee for a mistake that was the Borough's
fault to begin with. He further stated that he intended on
suing the Borough and "getting my job".
Let it be known that pursuant to Section 303(e) of the 1979
Edition of the Uniform Building Code: "The Building Official
may, in writing, suspend or revoke a permit issued under
the provisions of this code whenever the permit is issued in
error or on the basis of incorrect information supplied, or
in violation of any ordinance or regulation or any provisions
of this code." (Copy attached)
Further, Section 17.75.010(A)(4) of the adopted Borough Codes
states "when necessary to insure compliance with this title,
the suspension or revocation of building permits, variances
or other land use entitlements": is allowed by the Zoning
Therefore, my revocation of building permit #4976 is justified
and in accordance with the above referenced codes for the
structure to which this permit was issued.
• CC: Case 82-152
Morris Lee, City Building Inspector
. .
KODIAK ISLAND,BOROUGH
d,
(e) Suspension or Revocation. The building official may, in writing, susz
pend or revoke a permit issued under the provisions of this code whenever
the permit is issued in error or on the basis of incorrect information sup-
29
303•304 UNIFORM BUILDING CODE
plied, or in violation of any ordinance or regulation or any of the provi-
sions of this code.
1.7.75.010-17.75.020
Chapter 17.75
ENFORCEMENT, PENALTIES AND REMEDIES*
Sections:
i
,
:
17.75.010 Administrative enforcement action.
17.75.020 Administrative inspections.
17.75.030 Penalties and remedies.
17.75.010 Administrative enforcement action. A. The
building official may order:
1. The discontinuation of unlawful uses of land or
structures;
2: The removal or abatement of unlawful structures,
or any unlawful, additions or alterations thereto;
3. The discontinuation of construction or other
preparatory activity leading to an unlawful structure or an
unlawful use of a land or structure;
-4.. When necessary to insure compliance With-thiS.
title, the suspension or revocation of building permits,
variances or other borough an use entitlements,
B. Upon complaint by a citizen, or upon his own
initiative, the building official may, after investigation,
initiate criminal proceedings against any person for the
violation of this title.- Except for prosecutions for
failing to comply with an order issued under subsection A
of this section, the building official shall give at least
ten days' written notice of intent to prosecute, and may
initiate criminal proceedings only if the violation is not
cured, and if the person who is the subject of the notice
fails to seek a variance or other appropriate administrative
relief, within the notice period. (Ord. 81-12-0 §6, 1981;
Ord. 80-24-0 §3(part), 1980).
17.75.020 Administrative inspections. In accordance
with this section, the _building official may make in-
spections necessary to enforce the provisions of this title.
When the building official has reasonable cause to believe
that in any building or on any premises there exists any
violation of this title, he may enter such building or
premises at any reasonable times to inspect the same or
perform any of his duties under this title; provided, that
where the constitution of the United States or the state of
Alaska requires that the building official obtain a
For provisions authorizing the assembly to prescribe
penalties for violation of codified ordinances not to
exceed a fine of five hundred dollars or imprisonment
for thirty days, see AS §29.48.200.
138-1 (Kodiak Island
Borough 9/81)
r.
61■11NO OFFICER REPORT
KODIAK ISLAND BOROUGH
C4Mt1/1011Y. DEVELOPMENT DEPARTMENT
0 61'PER-miGt. BAY ROAD TELEPHONE (907) 486 - 5736
NOV: 82 -
NAME REPORT NO , 11/30-001
'cHAT, FT ELI) PHONE 486-4270 -
2083-Pezanof Dr (Box 2858)
STRLE.) ,ADuKtSS • -
LOT(S) - SUBDIVISION Erskine BLOCK
- - ,
MMENTS Pursuant to section 17775.010(1) of the
adopted Borough codes you are hereby ordered
t0-21CeaSe2lar14:desist any further actions. regard!-
-11 fig:the;'6Stablishment of the structure covered
by the revoked City Building PeOmi t' #4976 on
thei-,'abeife'--referenCed preperty. ,
PFtpei..0k '#4976 has-been revoked per -certi
-
letter ,Sent to you on November 17,1982.
Anys.-furthereattibn to establish this structure
is in vi6lation of the above
referenced Borough code.
caORE.c:r,IONS 'NEEDED: STOP WORK ORDER
:6kNO11%LEDGE RECEIPT OF REPORT BY SIGNING
DATE
ZONING OFFICER . 1. ... DATE
11/30/32
KODIAK ISLAND BOROUGH
Vi o1 at~ °~ Number r00— /5-Z-
ZONING COMPLAINT. STAFF FOLLOW -UP: HISTORY SHEET
:PROPERTY:` Lot3ZgrOblock 3 , Subdivision
:.PROPERTY OWNER: ~ H'xi-ti>
,:OCCUPANT: 5yf
CURRENT ZONING:.`-
;NATURE OF COMPLAINT /INVESTIGATION /VIOLATION(s): /:o3.cx6o.; /7si.-e5ro
1N E
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CERTIFIED RETURN RECEIPT REQUESTED
KODIAK ISLAND BOROUGH
1.
Telephones 486-5736 - 486-5737 — Box 1246
-November 17, 1982
Mr. David Chatfield
Box 2858 ,
Kodiak, Alaska 99615-
RE: •City. Building Permit #4976
Dear Dave,
KODIAK, ALASKA 99615
I write concerning' an error made by myself when zoning
compliance was issued for the above referenced building
permit on October'13., 1982.
A new ordinance passed, by the Borough Assembly on August 5,
1982 requires that the size of any accessory building be
no greater than 10% of the area of the lot on which the
structure is to be placed. Attached for your records is a
copy of Ordinance 82-14-0(A) for your review.
Your property in the Erskine Subdivision contains 7,700
square feet of land area and would permit an accessory
building no greater than.770 square feet (10%). The -
structure covered by permit #4976 is 1,134 square feet
in area and exceeds the maximum size allowed by 364 square
feet. -
With this in mind, please be advised that I am forced to
rescind zoning compliance on this building permit thus making
it null and void.
I apologize for my inconvenience this may cause you and stand
ready to assist you toresolve this problem. A new permit can
be issued if the size of this structure can be reduced to meet
the allowable size limit. You also have the option of applying
for a variance to the Borough Planning and Zoning Commission
to allow this increased building size.
Should you have any questions please do not hesitate to call
on us at 486-5736.
Sincerely,
William". H�dnS
. Zoning Officer . -
Community Development Department
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- ZONING COMPLAINT STAFF FOLLOW-UP: HISTORY SHEET
PROPERTY:' Lot,55 block , Subdivision Fgeti"E. USS
PROPERTY OWNER: - Address -Z-e5155
OCCUPANT: Address Zee
CURRENT ZONING:
NATURE OF COMPLAINT/ INVESTIGATION/V IOLATION( s ): /7. r3 -0Seil /7- 3-/-
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