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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 Jig Enclosure f; rrrrQ; ckr. - • .riticayr: 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 BY j)rvS 705: . '2 / :, �Gf L % �G2Z �' I�l%•e ! . /%. , Cti� , 1CGi4)2„ (.5 We- LLL L_ Z4Ael,/ tit /54 7Zer, /le iG4. k.- 4z- A-71- �P / cc e�� `dc) • 667-,0 /7. ay, e o. fl 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 ) ` • 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 USS Address 7Ix Address ''8 Date & time .re, ,r/c ' 8Z Staff Member G15..vS '.Action, Memoranda ;r-/r5,T 7 2e .4 ; r%e' TI ,C w s7TLzA5.7r,,, 14, s sr,). (ee_8z.— / 7) -Date & time / l c. „''Z- 3'620? , • Staff Member 76Ass•vs Action, Memoranda Air- c44 0 /ti. fr'i u}r4'F �72lZCGC4-7rOA., 7 ' i /vocc�.IJ ,"E c>•••c- x✓ s� > 7Zef 'r ,¢dYe rv>u a ■D?e /g2A\ 05r.,047., Date & time —3 -.Pe G. egZ Staff Member /A250,015 Action, Memoranda /tlrl• L iveib iN 7-0.44/ 5-termue.7 —,'l/ r F ; ,,h,- C. o rJ /7s.7-•' Pe.'2 f) ; , Sd W■f74441 r d/%6 7V-e=-4 7c 4/17(...h 713e .0-V7- o. X10 7'b Zt G G ' 7S. 7 's. :Date .& time Staff Member Action, Memoranda Date & time Staff Member Action, Memoranda Date & time Staff Member STATUS OF C 1.S OF a Complete items 1, 2, 3, and 4. Add your address in the "RETURN TO" spa; on reverse. (CONSULT POSTMASTER FOR FEES) 1. The following service is requested-Check one). 0 Show to whom and date delivered ..Show to whom, date, and aaress of delivery 2.0 RESTRICTED DELIVERY (The restricted delivery fee is charged in addition to the return receipt fee.) —4 TOTAL (00 IS 44- C z RI Tn RI to IC rn w RI _ RI: at; r 'OASZTQEMI;':\,.sAc xcL c631, abs,B A&s\ qcv\5 4. 'TYPE OF SERVICE: 0 REGISTERED 0 INSURED ERTIFIED 0 COD o EXPRESS MAIL TICLE NUMBER 358199 (Always obtain signature of addressee or agent) I have received the article described above. SIGNATURE U Addressee 0 Authori gent DATE OF DEL RY 6. ADDRESSEE'S ADDRESS (Only if requested) 7. UNABLE TO DELIVER BECAUSE: EMPLOYEM p INITIALG 0 P24 " 5 3 5 8.19 9 RECEIPT FOR CERTIFIED MAIL ' - NO-INSURANCE COVERAGE PRIARDE137.-„.;, -NOT FOR_INTERNATIONAL MAIL - (See Reverse) S NT TO_ . - ST E ETAND .,3V P.O , STATE AND ZIP CO E .: , .;, , - POSTAGE -- _,. - ' l:; -: .,CONSULT POSTMASTER FOR FEES; . .... CERTI Fl ED,FEE IONA( SERUtCES „ -SPECIAL DE LIVERY - .-. Fa -.0 Viihio AND TE DELIVER ' a • SHOWTO VV,HOM, DATE, ,„7 AND AD VO7F 1 7 4-98 .. LIVE , 7 . SHO DE T D S , a sH AD RESTRICTED r , ox • DELIVERY i' E ..7 - . — TOTAL:POS ND FEES . . ,..-. , . ... ..a.3 '--S- ST AFIK ORD ... .. • 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 xht\31-1- m Si z 37 m 0 :4 C) rn m 0 z 33 C rn SD m 1/4 ■ri3ER: Complete items 1, 2, 3, and 4. Add your address in the "RETURN TO" spai4 on reverse. , (CONSULT POSTMATTER 1. The following service is requested FOR (Check of in addition TOTAL FEES) one). r • ,i _it delivery.. --0 to . ti(00 • Show to whom and date delivered 23•Show to whom, date, and address 2. • RESTRICTED DELIVERY (The restricted delivery fee is charged the return receipt fee.) 5.0ARTICLE Aonn,Em: V.3:31- ass . ViOakCA-... AVx.co._ CiCkb\ C.:3 4. TYPE OF SERVICE: MTICLE NUMBER r01(1— 75 535 gi 79 • REGISTERED 0 INSURED 45cERTIFIED • COD • EXPRESS MAIL (Always obtain signature of addressee or agent) I have received the article described SIGNATURE Addressee 1.- above. . (gent ..... ...:tisl>.5•111At...Rki ..\• ' .:5 '''!' I ' N ■ i - z"-I : • , ■ 2 .'rk..'-;, i • Authorize . DATE OF DEL RY 6. ADDRESSEE'S ADDRESS (Only if requested) 7. UNABLE TO DELIVER BECAUSE: 7a. ENINILAOLYSEE;S : t.,...) . ,. 1,,, • :..••,• /5 • . • • I ! ' ; t • I • ••• • .3--S 'J .)• KODIAK ISLAND BOROUGH P rope rtyL r i,�+�C i' 364 . Legal Description Lcr--gz,,}7r, 3 5244w, Owner of Record Dyie) ce,gu{'e4t. Date Pictures Taken / /e,r/ez By /*,E. • KODIAK ISLANDBOR011i Violation Number efe-/5--/ • f' - 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-/- Date & time 41 e9C7--(5 Staff Member /02%15--tts Action , Memoranda &eir /7gr4.1e7 -gg ere ,77 /--cae, /P%/7 Y •• reeliee•V e? 7b 7"g-eiru / / 0?-40-are/Z-ge r.:9-77z-& • „:Date & time /7 ,lt'b 8 Staff Member Acti on , Memoranda 2:›Psce,,eg:Le) ofv,v "EirAte7— /4./ /rer,-9-,405 7-e■:' /7 37 2---firE/2 (eccx-r) /I-0r- 77/0 ‘cnstr._ - A4*oe Yfliet.s. 44,0 /44.,>"-- 4--e/e4Cb. //e.-1. SVZ • Date & time /7 "At, 'Z.- Staff Member 66)--e.-c/-3 Action, Memoranda ....5-7r-rr//e-g e_of.eco /ry rect,e-si) ezif .01-Cf44) 70 66=3'7- 5& 41gue) Date & time A/00” Staff Member Acti on , Memoranda e 'f /-7y To‘e,er_J 6-g Date & time Jo /149a. 8 e- Staff Member 717/440,e41, r/istic) Action, Memo r nda -55'-ev7 4_29,z& /-7"-c-,0 0,c) 7/7"e jlee427-rY 7Z(.6%;~//4-4 '.517Eve7e,iz.r. • • ,Date & time ...7& ,e4w. Staff Member /AV STATUS OF C 1S 0 F ,.577zciegt-ixe ICZ /1740•6-. AA-reer,"