Loading...
ERSKINE ADD BK 3 LT 32 & PTN 33 - Code Enforcement (4)ROBERT C. ERWIN FLOYD V. SMITH RICHARD W. GARNETT III PETER C. GAMACHE DAVID W. BARANOW JOSEPH D. PURCELL MICHAEL R. BOLING SHELBY NUENKE.DAVISON ROGER A. LUBOVICH ERWIN, SMITH & GARNETT ATTORNEYS AT LAW 3812 SPENARD ROAD, SUITE 201 ANCHORAGE, ALASKA 99503 PHONE (907) 276-3125 August 16, 1983 Phil Shealy Kodiak Island Borough Box 1246 Kodiak, AK 99615 Re: Kodiak Island Borough v. Our File No: KIB-08, B-13 Kodiak Island Borough v. Our File No: KIB-16 Dear Phil: Chatfield Wisner This is in response to your letter dated August 12, 1983 concerning the Chatfield and Wisner matters. Yand Borough !f:- d 1983 1. David Chatfield: The Chatfield case ori- ginated as a zoning violation case when he failed to remove a structure from his premises after the building and occupation permit was revoked. Chatfield counterclaimed for property damage to the structure, lost rentals, the cost of placing the structure on the premises and lost profits on the resale of the . structure. The zoning enforcement action was dropped when Chatfield moved the building off the premises. The case was tendered to the insurance company because of the alleged property damage and lost rentals. The property damage was clearly covered by the policy and it was arguable that the lost rentals would have been as well. Actually, the size of the structure and the size of the lot were not misrepresented by Mr. Chatfield on the permit. He did, however, misrepresent the use proposed for the structure. The permit was issued on October 13, 1982. Ordinance 82-14-0(A), which had recently been enacted on August 5, 1982 by the Borough Assembly, 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 Phil Shealy August 16, 1983 Page Two be placed. The dimensions of the structure, as given by Mr. Chatfield on the permit, indicate that it was over- sized for the lot and that it exceeded the 10% limita- tion. Although it was by an oversight that zoning compliance concerning the size of the structure was indicated on the permit, it was to he an essential element of our defense that the permit probably would not have been issued had Chatfield disclosed the true purpose for which the structure was intended. We were prepared to argue that Chatfield could not claim damages for lost rentals when in fact that was not a permissible use for the structure, that the property damage arose from Chatfield's failure to properly secure it after the stop-work order was issued by Morris Lee, that he failed to mitigate his damages by applying for a variance as instructed by Mr. Hodgins, and that he was not forced to sell the structure at a loss. The insurance carrier had requested that the Borough participate to the extent of $7,500.00 toward an overall settlement of $13,000.00. The carrier later revised its proposal and requested a contribution of $4,000.00 from the Borough with the carrier to pick up the balance. Pursuant to your instructions by telephone, we informed the insurance carrier on Friday, August 12, 1983 that the Borough would not participate in any set- tlement. Later that day, the carrier called back to inform us that it had elected to voluntarily pay the entire $13,000.00 settlement itself. The carrier in such an instance acts as a volunteer, and the insured (the Borough) has no obligation to participate in the settlement. Because the carrier has an obligation to assume the complete defense of the case, it has a corresponding right to settle the case entirely at its own expense without the participation or the consent of the insured, so long as the insured does not become obligated to pay. Accordingly, Chatfield's counterclaim against the Borough will be dismissed without further expense to or participation by the Borough. Phil Shealy August 16, 1983 Page Three As I mentioned to Bill Hodgins, the settlement of the Chatfield counterclaim by the insurance company does not represent a defeat in court for the Borough's position; it merely indicates that the insurance carrier concluded the cost to it of taking the case to trial exceeded the settlement demand. 2. Ann Wisner: Pursuant to your instruc- tions, we have executed a Stipulation of Dismissal which provides for each party to bear its own attorneys' fees and court costs. A copy of the Stipulation is enclosed for your file. If there are any other points on which you would like clarification, •dease let us know.. Yours truly, Joseph D. Purcell JDP:lw cc: Will Walton Bill Hodgins Enclosure /i.*0.3. .}vt]C1^3` 4+3'.. .exA .`.....». c..�.i -.. • :K ISLAND BOROUGH iaaust 12 1983 .` Joe ';Purcell in, Smith ;& Garnett 812 Spenard;Road, Suite 201 nchorage, Alaska 99503 ear Joe Telephones 486 -5736 - 486-5 73 7 — Box 1246 KODIAK, ALASKA 99615 ease consider this note as a confirmation of our telephone conversation yesterday n which0 requested that your firm proceed with the insurance company to continue he case,_against Chatfield and not seek a settlement. After thinking about this situation, I think I must be missing something. It s;my understanding that Mr Chatfield misrepresented the situation when he applied° {for a building permit, i.e. he indicated on the permit that a smaller building,�aas. intended as a storage facility on a lot larger than that which actually ;existed. It is further my understanding the grounds for a proposed settlement revolve around the fact that Mr. Chatfield lost income from his intendedcuse•of this being a residential structure. It is inconceivable to me as to why. the Borough would be agreeing to participate in a settlement for an illegal use of the structure (two dwelling units on one lot) and in particular hen itwas misrepresented in the application stage. Likewise, I do not understand why we've tendered defense of this situation to an insurance company hen it appears to me that this is a zoning violation case. wish you would enlighten me at your earliest convenience. ikewise;'it`is my understanding that you are seeking a settlement on the Wisner case with'each side paying their respective attorney's fees. Again, I've reluctantly agreed to this but in view of your most recent letter, when you state that we must prove that the addition is not grandfathered in, I'm at a loss as-to how to do this and therefore must reverse my position and seek settlement. J must remind you that we have the assessor's photo taken in 1979 howing'rrio shed but nothing in 1980. "qlope that you will. take care of the two above matters and respond to e regarding the Chatfield case as soon as possible. ncerel`' ODIAK �'IS-LAND BOROUGH hit C.` ,Shealy Borough jManager Will Walton, Community Development Director Rick Garnett ROBERT C. ERWIN FLOYD V. SMITH RICHARD W. GARNETT III PETER C. GAMACHE DAVID W. BARANOW JOSEPH D. PURCELL MICHAEL R. BOLING SHELBY NUENKE-DAVISON ROGER A. LUBOVICH ERWIN, SMITH & GARNETT ATTORNEYS AT LAW 3812 SPENARD ROAD, SUITE 201 ANCHORAGE, ALASKA 99503 PHONE (907) 276-3125 July 13, 1983 A Kodiak Island Borough Kodiak, Alaska RECEIVED 1. 8 1983 PM '',:,;1121-112131010 Leo Bourbeau Sweeney Insurance Box 1395 Kodiak, Alaska 99615 RE: Joseph Smith v. Kodiak Island Borough (KIB-08 B 22) ----- David Chatfield v. Kodiak Island Borough (KIB 08 B 13)V Dear Leo: Pursuant to our telephone conversation the other day, this letter will serve to notify you of the above- referenced claims pending against the Borough. Joseph Smith has alleged the loss of his 1969 Ford van and the contents thereof after they were towed to "Smokey's Dump" on July 22, 1982 by Kodiak Towing at the Borough's request. We have enclosed copies of the Complaint; our Answer, Affirmative Defenses and Counter- claim; Interrogatories Propounded to the Plaintiff; the Towing Services Contract with Kodiak Towing; our demand letter dated July 8, 1983 tendering the defense of the action to Kodiak Towing; and other papers from the file. In approximately-January 1983 the Borough brought an .action in Superior Court against David Chatfield for establishing accessory buildings on his property in • violation of the Borough Zoning Code. Zoning compliance had been inadvertently indicated on the defendant's original City Building Permit, number 4976, issued October 13, 1982, but was subsequently revoked on November 17, 1982 by certified letter addressed to the defendant. The permit was revoked pursuant to Borough code section 17.75.070 (A)(4) which provides for the suspension or revocation of building permits to insure compliance with Title 17 of the Borough Code. The defendant received the letter on November 19, 1982, the same day he moved one of the buildings onto the property. Mr. Leo Bourbeau July 13, 1983 Page Two Subsequently the defendant filed a Counterclaim against the Borough for damages for the cost of moving the building to the property and for lost rentals. Copies of the Complaint; Answer, Affirmative Defenses and Counterclaim; Reply to Affirmative Defenses and Counter- claim; and a set of Interrogatories propounded to the Defendant are all enclosed. Please advise us at your earliest convenience concerning = �` coverage for liability as well as for court costs and attorneys fees for defending the claims. Thank you for your cooperation. Yours . 7 Joseph'.D. Purcell y. JDP:je Enclosure cc: Phil Shealy Will Walton Bill Hodgins i KODIAK ISLAND BOROUGH June 23, 1983 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: Your File KIB 08 -B -13 (David Chatfield) I received your letter dated June 17, 1983 regarding Mr. Chatfield's answers to the interrogatories and requests for admissions. The following are Bill Hodgins' comments regarding Mr. Chatfield's answers: Paragraph #2 - Mr. Chatfield does not include the metal, orange and white structure he located to the property to which no building permit was ever applied for or issued; Paragraph #6 - Mr. Chatfield's statement that an orange and white accessory building never existed on this property is ! false, we have photographs and witnesses to prove this. Also, just because this structure is of a mobile nature does not exclude it from the requirement of needing the proper permits for locating it on property within the Borough's jurisdiction; Paragraph #7 - Mr. Chatfield was not told that his intended variance application would be denied. I told him that I could not possibly answer whether or not it would be permitted as answering such a question was premature and to difficult to know how seven (7) Commissioner's felt regarding this request. Mr. Chatfield did not submit his variance .. application because he refused to pay the filing fee required for all such requests. A review of the information provided on building permit #4976 will show, that nowhere is there to be found the wording "steel frame modular building." The Borough makes no claims against the structure covered by building permit #5084. All further references to the 16' x 20' accessory building should be ignored; Paragraph #10 - If Mr. Chatfield maintains that the sheetrock within the interior of the structure was damaged, it was due to his lack of competent work necessary to seal it up. Morris Lee, City Building Official allowed Mr. Chatfield to seal- the struct- ure up until such time as his intended variance application was approved. Joe Purcell Page 2 Chatfield Case June 23, 1983 His failure to perform this work satisfactorily can not be held to be the City's or Borough's fault, only his own; Paragraph #11 - Again, please review permit number 4976. There is no indication that this structure would be used for a rental. The use of the structure is stated as an accessory building/shop. Paragraph #12 - With respect to Mr. Chatfield's answer in this paragraph it appears that the Borough was indeed justified to revoke this building permit because the intended use is different from the stated use on the permit. Mr. Chatfield would not be allowed to live in an accessory building nor would he be allowed to rent portions of it for storage to others as this is not a permitted use in an R-2 land use district; Paragraph #13 - The amounts given for Mr. Chatfield's lost monthly revenues are redundant as they are given assuming these uses are permitted, which they are not without special permission from the Planning and Zoning Commission. The $200.00 per month figure for shop and storage area is arbitrary and lacks clear definition as to how this figure is arrived at. Paragraph #14 and #15 - Again my statement above applies to the figures given in these paragraphs. I do not believe Mr. Chatfield can claim a loss of income on a use not permitted in the first place. Also to include the $7,000.00 moving cost for each month is ludicrous. The $2,300.00 figure used for replacing his building was a choice he made himself, not something the Borough made him engage in to buy. Paragraph #16 - I am not sure that the Borough is responsible for Mr. Chatfield's sale of the violating structure at a loss. We never demanded that he sell it, only remove it from the property, reduce its size or obtain variance approval. His choice to sell at a loss is something he chose to do. Paragraph #17 - A building permit was obtained by the new owner of the structure in violation to cover its relocation. A building permit was not obtained, and the whereabouts is unknown for the metal sided, orange and white accessory building also in violation. It was removed from the pro-1 perty on or around the 28th of February, 1983. That about covers it from our standpoint. If more specific details are needed please let me know. Sin P ilip Shealy /7 Borough Manager CC: Case 82-151 ERWIN, SMITH & GARNETT ATTORNEYS AT LAW 3812 SPENARD ROAD, SUITE 201 ANCHORAGE, ALASKA 99503 PHONE (907) 276-3125 ROBERT a ERWIN FLOYD V. SMITH RICHARD W. GARNEI7 III PETER C. GAMACHE DAVID W. BARANOW JOSEPH D. PURCELL MICHAEL R. BOLING SHELBY NUENKE-DAVISON ROGER A. LUBOVICH Bill Hodgins Kodiak Island Borough Box 1246 Kodiak, Alaska 99615 Dear Bill: June 17, 1983 Re: KIB v David Chatfield Our File: KIB 08 B-13 AM 71?111° 11 112111?1 P Kodiak Island Borough Kodiak, Alaska RECEIVED JUN 2 0 196'3 4 6192()R7_, r f Enclosed for your file is a copy of the answers to interrogatories and requests for admissions we received from Mr. Chatfield. Please review them and let us have your comments. In the meantime we will analyze the data and the Borough's position with respect to Mr. Chatfield's counter-claim and give you our views. Let me know if you have any questions. JDP/ce Enclosure cc: Phil Shealy Yours ruly, Joseph D. Purcell 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. INTERROGATORIES COMES NOW plaintiff, KODIAK ISLAND BOROUGH, by and through counsel, and pursuant to Rule 33, Alaska Rules Of Civil Procedure, submit the following Interrogatories to be answerd in writing, under oath, by defendant within thirty (30) days of the date of service thereof. 1. State the name and address of the person answering these interrogatories. Answer: P.W1N SMEIH & GeffsETT 3812 SpEnard Road Suite 201 Ai Li Limp, Al< 99503 (907) 276-3125 David Chatfield 208 Rezanoff Drive Kodiak, Alaska 99615 2. Describe and identify each accessory building which has been located within the last year on the premises at 208 Rezanoff Drive, Kodiak, Alaska and more particularly described as Lot 32 and a portion of Lot 33, Block 3, Erskine Subdivision, Kodiak Recording District. Answer: Steel framed Modular Home; size 27' X 42'. 16' X 20' Wood building placed on property on June 2, 1983, to replace Modular Home. 3. State the date and approximate time of day that each building was placed on said premises, and the names and addresses of all persons who assisted directly or indirectly in said placement. Answer: The modular home was placed on the property beginning at 8:00A.M. on November 19, 1982. Work ended at 4:30 P.M. on November 19, 1982. Those people helping me move the building were as follows: Kodiak Transfer Company; Jackson's Trailer Sales Co.; and Lash Corporation, all of Kodiak. 16' X 20' wooden building placed on lot June 2, 1983, with the help of the following parties: Walter Donat, Kodiak, Alaska Washburn and Sons, Inc., Kodiak, Alaska 4. State the total number of square feet for the premises described in question #2. Answer: Land square footage is 7,700 feet, approximately. 4 5. State the total number of square feet occupied by each accessory building described in the answer to question #2 above. Answer: 1,134 square feet 360 square feet. 6. State whether you obtained a building permit for the orange and white accessory building on said premises, and if so, the date and number, if any, of said permit and the name of the official who issued it. Answer: No Orange and white accessory building ever existed. It was a trailer and does not need a permit. 7. State whether you have submitted a variance application to the Borough respecting the location of either accessory building on said premises, and if so, whether you paid the fee for said application. If you have not applied for a variance or if you have not paid the application fee for the variance, state why not. Answer: No, I have not and I will not submit a variance application to the Borough, as I was told my application would be denied and I am not going to pay an additional $50.00 because of an error made by the Borough. A permit was originally issued to me for the building, as follows: Steel Framed Modular Building - Permit #4975 was issued for the steel framed building, and then revoked after I placed the building on the property. I was then issued Permit #5084 for the 16' X 20' Frame Building. 8. With respect to paragraph 2 of your Counterclaim, identify which building is referred to therein. Answer: 27' X 42' Modular Home. 1N 3411H & MOT 3912 4zererti Raed Suite 201 torap, AK 995E0 •(51) 276-3125 8 9. With respect. to the building referred to in paragraph 2 of your Counterclaim, state the total cost incurred in placing said building on the property. Itemize in detail what the cost was incurred for and attach copies of all invoices, receipts and/or cancelled checks in support of your answer. Answer: $7,077.00 Note: This does not include cost of my own labor and vehicle use. I would estimate the cost of these at $3,000.00. This also does not include the original cost of the building, which was $2,700.00. 10. With respect to paragraph 3 of your Counterclaim, state how the building was damaged as a result of the "stop work order" being served, and the total amount of said damages, and explain in detail how they are calculated. Answer: The building was damaged due to snow and rain ruining the sheet- rock walls on the interior. 11. With respect to paragraph 5 of your Counterclaim, identify which building is referred to therein. Answer: 27' X 42' Steel Framed Modular Home. ERWIN 9'11111 & COOT 3812 :erEird Roil Suite 201. Pt LI majo, AK 99593 (9Cf7) 276-3125 12. With respect to the building referred to in paragraph 5 of your Counterclaim, state whether you intended to rent it out, and if so, for what purpose. Also state the name and address of the person or persons to whom you intended to rent it, as well as the amount of the monthly rental. Attach copies of rent or lease agreements in support of your answer. Answer: One room was to be rented, as storage to Delores Lewis for $50.00 per month and I would live in the remainder making me $750.00 per month in the rental of the apartment I now occupy. Also, the shop area would have saved me $200.00 per month in repair bills. - 12 - W1N 9411H & Gefl■LT1 3812 4,Ertard Rced Suite 201 icticray, AK 99503 (9117) 276-3125 13. With respect to paragraph 5 of your Counterclaim, state in detail how you calculated lost rentals to be $3000.00 per month.. Answer: Due to a change in plans after I placed the building on the property, the monthly loss in rentals has been $1,000.00 per month, as follows: $ 50.00 Storage $750.00 Rental unit $200.00 Shop and storage area. $1000.00 Total per month. 13 14. • With respect to the prayer of your Counterclaim state the total amount of damages you allege you are and have suffered each month. Answer: $7,300.00 lost sales profit. $7,077.00 lost moving costs $6,000.00 lost rental income From November to May, 1983. $2,300.00 lost due to increased.cost of replacement building. Plus all interest, costs and attorneys fees and damage to buildin in an amount of $1,500.00. 15. With respect to the prayer of your Counterclaim, state the total amount of damages you allege you have suffered for each month commencing with November, 1982 through the date you answer these interrogatories. For each month, show in detail how the damages were incurred and how you calculated them. Answer: Damage to building $1,500.00 November 1982: $1,000.00 as lost rental income, $7,077. moving expens December 1982:$1,000. lost rental income, $7,077.00 moving expense January 1983: $1,000. lost rental income, $7,077.00 moving expense February A983:$1,000. lost rental income, $7,077.00 moving expense March 1983: $1,000.'lost rental income, $7,077.00 moving expense April 1983: $1,000. lost rental income, $7,077.00 moving expense May 1983: $2,300. replacement building cost plus interest and attorneys fees. June 1983: July 1983: 16. State in detail what you have done, if anything, to mitigate your damages. Answer: I sold the building in dispute at a great loss. • 17. If you have moved either or both accessory buildings from the premises, state for each building the date when and the place to which it was moved, whether you obtained a permit to move the building and whether you obtained a, permit for placement of the building at its new location. Answer: I sold the 27' X 42' Building on approximately April 15th, 1983. I have no knowledge of permits obtained by purchasors. 18. List the names, addresses and telephone numbers of all witnesses you intend to call at trial and summarize the testimony you anticipate that each will give. Answer: DATED this Alaska. SEE ATTACHED LIST OF WITNESSES. day of /1°Nex-t4 STATE OF ALASKA )ss THIRD JUDICIAL DISTRICT ) , 1983 at Anchorage, ERWIN, SMITH & GARNETT By: D. Purcell DAVID CHATFIELD says on oath that he has read the foregoing document and believes all statements made in the document are true. ' David •hatfield or affirmed before me this Alaska. SUBSCRIBED AND SWOR day of , 1983 at • GNI 5141H & GtfiNETT S812 Sperand Rani Site 2at fcrage, AK 59.(D (907) Z76-3125 Notary Public in and fo Aliaska My Commission Expires: - 17 - LIST OF WITNESSES 2 ANSWER: 3: Frenchie Richardson, owner of North Pacific Construction will testify that he would have bought the building for 4 $10,000.00 as it was, on top of the hill next to the Hope House, and furnished the rock for the driveway. 5' Sid Cozart will testify as to the value of the Steel 6 Frame Modular Building. 7 John Sullivan, City Assistant Building Inspector, will testify that he was the person who placed the stop-work 8, order on the building. 9' William R. Hodgins, Zoning Officer for the Kodiak Island Borough, will testify concerning issuance of zoning corn- 10 pliance and letter revoking permit, etc.. 11 Clint Hollister will testify regarding his crew who sealed or framed the building and leveled it on the property. 12'; .; William H. Bulen or Sarah Bulen will testify concerning 13" blocks and payment. 14:; Lash Corporation representative will testify as to the rental of a crane. 15 !' R. W. Aldrich will testify as to the selling of the 16 building for Kodiak Council on Alcoholism. 17 Gary Roberts of Kodiak Transfer Company will testify that he was the driver of the truck used in moving the building. 18 Richard L. Lee will testify concerning receipt of $24.00 19 for building permit No. 4976. 20 21 The addresses and phone numbers for the above witnesses 22 can be found on the attached receipts and/or invoices. 23 24 25 26 27 28 29 30H 31 32,:; 33 31( 1 2 3 4 5 6 7 8 1 1 KODIAK ISLAND BOROUGH, IN THE SUPERIOR COURT FOR THE STATE OF ALASKA THIRD JUDICIAL DISTRICT AT KODIAK Plaintiff, vs. DAVID CHATFIELD, _Defendant. Case No. 3KQ-83-23 CIVIL 9. AFFIDAVIT OF SERVICE BY MAIL 10 STATE OF ALASKA ) 11 1 ) SS.: 'THIRD JUDICIAL DISTRICT ) 12 • . DEBORAH PETERSEN, being first duly sworn on oath . 13 deposes and says: 14 That she is employed as a secretary in the law firm of 15 George F. Vogt & Associates in Kodiak, Alaska; 16 17 That on the 7th day of June, 1983, she served copies of the attached ANSWERS TO INTERROGATORIES and attachments on 18 the following: 1p 20 . 21 Mr. Joe Purcell Erwin, Smith & Garnett 3812 Spenard Road, Suite 201 Anchorage, Alaska 99503 22. placing said documents in •an envelope, postage prepaid, for 23 delivery as directed by said envelope, and placing said envelope 24 in the U. S. Postal receptacle in Kodiak, Alaska. 25 Further your affiant sayeth naught. 26'! 27 28 28 361 June, 1983. 31 32 33 34 GEORGE VOGT ATTORNEY BOX 2547 KODIAK, ALASKA 486-3855 DEBORAH PETERSEN - Affiant SUBSCRIBED AND SWORN to before me this I. day of r Nota y PtIOlic in d f Ala My Commission Ex es:1 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. REQUEST FOR ADMISSIONS COMES NOW plaintiff, KODIAK ISLAND BOROUGH, by and through counsel, and pursuant to Rule 36 of the Alaska Rules of Civil Procedure, requests that the defendant admit or deny the following within thirty (30) days of the date of service of this request. If you deny, please explain the reasons for your denial. 1. A building permit was not obtained for the orange and white accessory building which was on the premises described in the complaint. ANSWER: Defendant denies the above allegations. 2. You did not submit an application for a variance with respect to the accessory buildings which were on said premises. ANSWER: Defendant denies the above allegations. 3. You did not submit an application for a variance with the required fee with respect to said accessory buildings. ANSWER: Defendant admits the above allegations. 4. You received a certified letter dated November 17, 1982, a copy of which is attached and designated Exhibit A, on November 19, 1982. ANSWER: Defendant admits the above allegations. JIN 94I1H & GRETT 3812 clerierd Rood Suite 201 hchora;e, AK 99933 (907) 276-3125 5. The letter referred to in Request for Admission number 4 was received by you before the accessory buildings were moved onto the premises. ANSWER: Defendant denies the above allegations. 6. The dimensions of the premises described in the complaint are 70' X 109.88'. feet. ANSWER: Defendant admits the above allegations. 7. The total area of said premises is 7,691.60 square ANSWER: Defendant admits the above allegations. 8. The accessory buildings referred to in the complaint were moved from the premises without a permit to do SO. ANSWER: Defendant denies the above allegations. 9. The dimensions of the accessory building originally covered by City Building Permit No. 4976 are 27' X 42'. ANSWER: Defendant admits the above allegations. 10. The total area occupied by said building is 1,134 square feet.. ANSWER: Defendant admits the above allegations. Alaska DATE: —4S DATED this day of 1983 at Anchorage, ERWIN, SMITH & AR NTT By: Uosep D. Purcell David Chatfield VILLIMI TIULT77 2.0.1mx A42 KODIA, AK. r(1615 DAT: CPAT:FT17,LD P.O.BOY. 7.515q KODIAK, AK. °O515 STAT7”7-CT: TO NAJTL 3LOCKS FRO STOPAC7 TO lOS TPUCK F. 2 LOADS C 3O.P0 Tnch CMLLOMI P2J,TUM, BLOCKS TO •LL laY ROAD SITE7 Done hv Picard K. r.ulen 17ARC31, 1°n3 62.&2_,/ Ci.Viefee./ RKZA:q0r iqc 11-t! NO. 2-5A ':1■ 17-0 •:7) ▪ -▪ 5 " -v. —1 4( ■ '717 t -K AC) cef-e_ j -K C:75 -X • '71r4 "7.rs "-"C ;7,1 RECD BY KODIAK SANITATION *flN cs..1 8K800 REE—dFCMINA RECEIPT Date Received Fromi'vr- Address 19 g--Z Dollars $ ?e) ACC • NT AMT. OF ACCOUNT AMT. PAID BALANCE DUE CASH CHECK MONEY ORDER N.,21-ftC- 8K800 RMOTFOI—Thr7-4® RECEIPT Date . /1-2, / ?-Z_ 3239 ___19 i Received From , id/ • .1 4 ,o...... _ I Address 2..‹..... A ... . / at . pi , * 4 Illi Do ars $ 2 t —1 t , For ,......—.4E1111.—... -.4. .... ' f. . , .. - . /i 41 «Aire. .. ACCOUNT HOW PAID . a Ile AMMO," AMT. OF ACCOUNT NM CASH ' ..Alliir' .... By r i AMT. PAID al CHECK M ANCE DUE MONEY ORDER 8K800 REE—dFCMINA RECEIPT Date Received Fromi'vr- Address 19 g--Z Dollars $ ?e) ACC • NT AMT. OF ACCOUNT AMT. PAID BALANCE DUE CASH CHECK MONEY ORDER N.,21-ftC- 8K800 RMOTFOI—Thr7-4® 11 • ...- • LASH CORPORATION Box 1275 KODIAK, ALASKA 99615 (907) 486-3215 (907) 486-4028 Dave Chatfield STATEMENT DATE JAN 31 1983 Box 2858 Kodiak, AK 99615 TERMS Service Charge 11/2% Thru $1,000:00 1% Over $1,000.00 PLEASE DETACH AND RETURN WITH YOUR REMITTANCE DATE. . . . INVOICE NUMBERV DESCRIPTION CHARGES . 11-30-82 BALANCE FORWARD CREDITS ■••••••• „ BALANCE'. 2,870.00 • LASH CORPORATION PAY LAST AMOUNT IN THIS COLUMN 6r) 1.)0 OC'Y LASH CORPORATION 80X1275 KODIAK, ALASKA 99615 (907) 486L3215 at-Vf.-CACCY441 al # ou .L4A. OA 11 NtaAL_ RECEIVED FROM DATE 5142 -q/Atlig AMOUNT OF ACCOUNT THIS PAYMENT ,frSH NercHECIS M.O. BALANCE DUE TERMS Service Charge 11/2% Thru $1,000.00 1% Over $1,000.00 — • -- -- DATE *, 2-28-83 00 ARS PLEASE DETACH AND RETURN waH YOUR REMITTANCE INVOICE NA.7141BER /DESCRIPTION' : CHARGES CREDITS, BALANCE FORWARD [))) LASH CORPORATION PAY LAST AMOUNT IN THIS COLUMN TO ••••77,74 PAY TO .THE ORDER CiF ; —....408708888=47,=8741)2868177=77.1. mstr4,7I DAVID L. CHATFIELD BOX 2858 486-4270 KODIAK, ALASKA 99615 386 89-6 1252 DOLLARS KODIAK BRANCH THE FIRST NATIONAL BANK • OF ANCHORAGE KODIAK, ALASKA 99615 . MEMO • ( C i • I .• e I:125 200060i: 20... :038.6 00 4 00000' FROM (tAb • • ashburn & ons Inc. POBox 711 Kodak, Alaska 996)5 (907) 406. 5500 486. 4874 SU BJ ECT: / DATE- PLEASE REPLY TO SIGN D • DATE SIGNED coznE t (17.1 NOVEMBER 4, 1982 CONTRACT BETWEEN KODIAK COUNCIL ON ALCOHOLISM AND MR. DAVID CHATFIELD Phom., (907) 486 Post Of hc, Box 487 Kodiak, Alaska 1.3961 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 KODIAK COUNCIL ON ALCOHOLISM Box 497 KODIAK, ALASKA 99615 Phone 486-3535 CUSTOMER'S ORDER NC, PHONE NAME ADDRESS DATE • \otocA 6k,c1c:c;',( iT QOM. CHARGE ON ACCT. MDSE.RET'O. PA OUT 2 TAX SO: BY nE2E 0 BY / A.,4‘1,,, TOTA L f/7 R.W. Aldrich Executive Director Kodiak Council on Alcoholism r • Name of Cr•vncr.';easec Address Lisc, No.: Truck //./ / Trailer "`?&Ii Make & Model: Truck— /- ' e:* Load • - z'tes of Move /1 • / Tr:Tic oi"Move / F_Lact Crigin kiways STATE 00 ALASKA PEr:MIT TO TRANSPORT CIVE-RSIZL" OR GIVE-RYVF.t VEHICLES OVER THE—."E.T.4., SKA-hilGHWAY .1;`; STEM AND OTHER DESIGNATED HIGHWAY -}-';:rrnit. Off,ce ijr...s• Only • , , -,• ,,–, - ., r- f•rti: rIff,cf• ........ ..._...7_,..,.......----_.:._....-.._ ...• — ....:_ Dap:: Recd _jr. _ ... .- :: /-7 'I - Fee Amount I Cash . _ Chi,,k Char me. .. 1 Cert. Weight Ticket Attached Yes I.-_-] No ■..._- L Alaska Business License No. _ / / • Vehicle Tyre re- ATC No. 2 . Tr aik: )7i;?JY. 117) t e - / • " • •■. / i / • .• NO MOVEMENT IF VISJON IS BY INCLENIr\T 1'1-- "r7-- ''' PET:.".11.T NII7:7,T ...:.E. C...-.};;;•;:i-_,:. VEHICLE DI.:Ii.ING: -..10'.‘-'E. i.'X• in axles by groups) :/;I VEHICLE WEIGHTS !--.);-,r.-..2.,cui..;.EgVERALL WHEEL BASE EQI.I.A.LS FEET F.• ..";jr.• r•Ivs 111/.5 16 .5 ; "••••• • Ate: 0' 0000 C)) 0 A.c.;trall•Veights Tire Width „ .) Tit A,tnas. C5`771.Z.::tCr.■ Wf ;Olt L'"." tht __ • bcga■ Mid Ve::icle ',Weight VEHICLE SIZE :rst-ral! C.rvr.;; al: Width: C■veiluings: Fr on: i-itri c,,,e7 ght width ( / — • 'vv.; length; rn: Tr: 1,:mgth • 7-7", 7:;o: L.L3 r-ron: COND IT IONS (For 0:"Iice Only) Front - 11 Rea: I ear y Rotating %.,...acon (2.) liridges (a.) Max speed Convoy C.onirlyznizaz ion •IT) Red Flag ' (b.) No :tear change Police Escort . lc.) No braking I. ••• CERTIF. I:ATION: certify that: t P Iv a se : • The load has burn reduced icr b pri•C!.,...nt: . size and weight. ...Al; vehicle regulations will be etoritilied with. • The State of Alaska will be held harmless ;torn any and all inability that ;rise !torn the authorired movement. 4. That al) arrangements have been made with Public Utilities for the protertion of utilities which may interfere with the authorized move. 5. That ownerLeasee responsible for all darnages to Public Utilities or any other facility incurred as a result of the move. Signed • Title •"/ Date /.. .11/ 2 / Approval: Pr 77: i5! hereby grar:ted to move the above describer.; vr•hicle ;mdio::•-ad: over the fi.:5ipla Zed- higlItseay.f 51NCCICCI 10 the C on:1 i; inrts rit!:•;•-•;:a■i'z' a IIK807 PAID IN ADVANCE Date J 0 Received From ./Y, 41 1'; c/e ' Dollars $ For Rent of -1/43f-4' -friZOLL7 e). /74 /r /' /c) . //O 7.) ■ From HO z w CASH PAID. 1-763; CHECK MONEY ORDEP. 1(..) By T. T. JACKSON Rentals and Sales P. O. Box 1215 KODIAK, ALASKA 99615 Phone (907) 486-5374 To Dave Chatfield /0.0050 LETTER Date December 10, 1982 Subject Statement Charges for the use of the trailer and pick-up truck for moving a modular home on November 19, 1982, are as follows: 7 hours at $100.00 an hour = $700.00 Please pay from this invoice. Make your check payable to Alma I. Jackson. Net 30 days. Unpaid balance 18% per annum on unpaid balance fl SIGNED Please reply No reply necessary SOLD TO: KODIAK TRAN'„.= r~R, INC. P.O. BOX 347 • KODIAK, ALASKA 99615 "PHONE (907) 486 -3890 DAVID CHATFIELD 0002947 Invoice Date 1/17/83 -:: Your Order No. D.C. Our Order No, 14 SHIPPED TO: (if other than SOLD TO) • J3 :° ShipW.:(1 • 11/18/82. Salesman Terrns 309 , Ship; erl Via F.O.D. Quantity Description Unit Price _ Amount MOVE MODULAR 1-TOME FROM HOPE HOUSE TO 208 REZANOF 5hrs. 1 Man 042.92 perhour $42.92 $214.60 Shrs. 1 2 axle tractor 026.08 per hour . $26.08 $130.40 TOTAL $345.00 +'.VR -75T = Wheeler Group Inc. ORIGINAL Reorder Item IY NVR-75T Combined Uniform Household Goods Bill of Lading and Freight Bill - KODIAK TRANSFER, INC. P. O. BOX 347 KODIAK, ALASKA 99615 Phone: 907 -486 -3890 "When If's Your Move We'll Make It" NAME David Chatfield FROM Hope House Tel. Apt. TO 208 Rezanof Apt. OTHER STOPS TIME RECORD Start 9:00 Finish 3:00 A.M. P.M. CustomeFr Initials Ihr.!ur)ci Customer Initials MOVING DATE DAY TIME A.M. P.M. JOB HOURS TRAVEL TIME TOTAL HOURS 5 hrs. 2 axle tractor 0126.08 per hour , MOVING RATE: VANS MEN ,, r i 42.92 Per Job Hr., Plus Hrs. Travel Time ESTIMATE OR REMARKS (,Approx. estimate — packing date— Instructions on job —or other info.) Tariff 309 — Move modular from Hope house to 208 Rezanof VALUATION Customer (Shipper) is required to dactore'in writing the released value of the property.,The'agreed or declared value of the property is hereby speci ficafly stated by the customer, (shipper) and confirmed by.their signature roan to be NOT 'exceeding 30 ( ) cents per pound per article unless specifically excepted. The Customer (Shipper) hereby declares vcluatiee s excess of the above limits on the following articles: Article Value RATES and DESCRIPTION CHARGES MOVING hours @ $ 42.92 per hr OVERTIME hours @ $ per hr CARTAGE cu. ft. @ $ per cu. ft. WEIGHT lbs. @$ per lb PIANO CIIGS OTHER 2 axle—trac>to .26.O.ELper baur itt 4,4 MPORTANT (SIGN BEFORE START OF ANY SERVICE) The Shipper, subject to and based on the rates, rules, regulations, and con - :• ens in the carriers lawfully published tariff hereby orders the carrier to :^ish transportation facilities and service described herein subject to all ce ^ditions herein contained including valuation agreed or declared and the conditions on the back hereof which ore hereby agreed to by the Shipper and accepted for himself and his assigns. Unless credit arrangements are made H writing the Shipper agrees to pay charges in cash, money order, or certi- fied check prior to complete delivery. CUSTOMER: By. MOVE By. 4. t ELI VERY RECEIPT Except as specifically endorsed hereon All services and All articles received in Good Condition CUSTOMER' By: David Chatfield tr �' OJ5ir �.0�•r.,,� t..rrl•i�.i. `•T'O ):E I:1 :•T', ^•)':El) r. Barrels, packed @ $ each Barrels, loaned e $ each Wardrobes @ $ each Cartons or boxes _@ $ each Matt Cartons @ $ each Other /,30 Whse. Labor chgs Storage chgs Other 11lsurancc; shipper declares the full value of the shipment for the purpose of insurance to be: Amt. $ @ $ per $100.00 TOTAL CHARGES Advance Deposit BALANCE DUE 3 MOVER By RECEIVED PAYMENT KODIAK TRANS,,.E R. INC, TERMS: Charges Payable in Cash, Money Order, or Certified Cheek on Delivery. FORM 400 •MILBIN PRINTING, INC., 13S SCHMITT BLVD., FARMINGDALE, N.Y. 11735 PRODUCT 100-2 Available Nom inerfir..jInc., Groton, WM. 01450 • Use 72 DU :Th • I ..•••*\. • ) -VUE Envelope - SAVES ADDRESSING TIME. WHEN USING A TYPEWRITER. SET TAB STOPS AS SHOWN ON THIS STUB. . . NORTH PACIFIC CONSTRUCTION, INC. P.O. Box 986 KODIAK, ALASKA 99615 (907) 486-3488 DATE TERMS: PLEASE DETACH AND RETURN WITH YOUR REMITTANCE . ' '." --* : `...'" - r. '''''.''''".'"*" "`-.";",'":27- — ' - - ' - '''''':' . `—',,,`''',.-7.7.7,1•:':: .-';', ''''Mf,':';',"■,:ffir4".' DATE . , INVOICE NUMBER / DESCRIPTION `.:''-;',', ' : , • CHASE S, ':,,,' CREDITS '... — BALANCE'', STATEMENT /2 - BALANCE FORWARD 7/-ii 4-E-,-c-. s...6.(2 & 7 . o lex) / /— i I )1"1"-vuot_C--e/ K rtf."-- /7— /i 12' 3—e ) eAft,t- /J.,c, el,i ...-1 _ ,. ... - „:;•::,:,:,- ':''. ....,,... ,------*:--. !,,, , .. .'-'. ' ' , V7j . /.,.// . :,.,::,,-,,.,,; , 4 ..,,,,,,,, ...t., .::' :6::'. ': ' 6E) . • . /-/ / :,..• :::-. NORTH PACIFIC CONSTRUCTION, INC. OW, PAY LAST AMOUNT IN THIS COLUMN BUILDING DEPARTMENT —CITY / BOROUGH OF KODIAK Applicant to fill in between heavy lines. BUILDING ADDRESS 2o.,P .A7.- CLASS OF WORK 1')/e • NEW DEMOLISH LOCALITY poi)/ 4.c. ALTERATION REPA I R NEAREST CROSS-.T. ge41C ADDITION MOVE APPLICATION FOR BUILDING PERMIT AND CERTIFI.CATE * OF OCCUPANCY BUILDING PERMIT NO. DATE ISSUED /Z1/1.3'157-I - • -_. - z 0 NAM) 7--/r/ce MAIL ADDRESS 7Ty Z42 CITY U dW NAME LISE OF BUILDING SIZE OF BUILDING NO. OF ROOMS Z_ HE !Gin Ay, NO. OF FLOORS TEL. NO. /4-71/C"-.4/7 7%) NO. OF BUILDINGS VALUATION /7e)(_3 e)cs" BLDG. FEE PLAN CHI. FEE TOTAL NO. OF BUILDINGS NOW ON LOT BUILDING PLUMBING ELECTRIC NO. OF FAMILIES ADDRESS SIZE OF LOT (Cc,. /cR. FOUNDATION ROUGH ROUGH CITY USE OF BLDG. NOW ON LOT 7?../5.:7.,t'i g 5,-----z. SPECIFICATIONS FRAME PLASTER SEPTIC TANK SEWER FINISH FIXTURES FLUES GAS:"'"" MOTORS STATE LICENSE NO. FOUNDATION FINAL FINISH FINAL ' CONTRACTOR NAME MATERIAL EXTERIOR. PIERS WIDTH-OF TOP ADDRESS CITY WIDTH OF BOTTOM DEPTH IN GROUND /7" R.W. PLATE (SILL) / STATE LICENSE No. SIZE SPA.. SPAN J w DESCRIPTION SUBDIVISION GIRDERS JOIST Isl. FL. JOIST 2nd, FL. LOT NO. 33' BLK. JOIST CEILING EXTERIOR STUDS DO NOT WRITE BELOW THIS LINE 1. Type of Construction I, II, III, I'/al 2. Occupancy Group A, B, C, D, E, F, G, H, C.5-12iv.T._,I 2, 3, 4, 3.Fire Zone INTERIOR STUDS ROOF RAFTERS BEARING WALLS COVERING EXTERIOR WALLS ROOF INTERIOR.WALLS REROOFING FLUES FIREPLACE FL. FURNACE KITCHEN WATER HEATER FURNACE AS OIL /4- 1 hereby acknowledge that I have read this application and state that the above is correct and agree to comply with all City Ordinances and State Laws regulating.lbuildin cons)ructio Ats? a/e4 a Z e.ac",!ie 41.1 24.) 4 rtr • y. . , • Approved: CHIEF BUILDING OFFICAL 3N11 A.L 3dO2Jd PLOT PLAN / I 3NI1 Al2J3dO2:fd STREET " 72P"/ 77 et•r7/5 72- ,/)7-33'• PLANNING & ZONING INFO. ZONING DISTRICT TYPE OF OCCUPANCY NUMBER OF STORIES. AREA OF LOT /7 /_../,•;-, 4:-,5 FRONT YARD SETBACIVEROM PROP. LINE SIDE YARD SETBACK FROM PROP. LINE ,2/04/.. REAR YARD / /- TOTAL HT, Approved: ZONING ADMINISTRATOR / 1 r2 • • RECEIPT Date 19 e.g.. P ki ciao Received From Address For Dollars SZI, 00 ACCOUNT AMT. OF ACCOUNT HOW PAID AMT. PAID BALANCE DUE CASH CHECK MONEY ORDER 81003 Redi ffrm By ERWIN, SMITH & GARNETT ATTORNEYS AT LAW 3812 SPENARD ROAD, SUITE 201 ANCHORAGE, ALASKA 99503 PHONE (907) 276-3125 - ROBERT C. ERWIN FLOYD V. SMITH RICHARD W. GARNETT III PETER C. GAMACHE DAVID W. BARANOW JOSEPH D. PURCELL MICHAEL R. BOLING SHELBY NUENKE-DAVISON ROGER A. LUBOVICH Mr. William Hodgins Kodiak Island Borough P.O. Box 1246 Kodiak, AK 99615 Dear Bill: April 28, 1983 Re: KIB v. Chatfield Our file: KIB 08 B-13 A Li P M 71 i'.‘')11,°11,111,2111?iqiftql0 Kodiak Island Borough Kodiak, Alaska RECEIVED MAY -91983 As I mentioned on the telephone, the Chatfield case is set for trial on August 16, 1983. Enclosed for your file are copies of Interrogatories, a Request for Production of documents, and a Request for Admissions which we have served upon Mr. Chatfield's lawyer. If there are other areas into which you feel we should inquire, please let us know. Yours tru Josep JDP/jec cc: Phil Shealy D. Purcell KODIAK ISLAND BOROUGH March 8, 1983 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 82-151. Chatfield vs. Kodiak Island Borough. In reference to your March 2, 1983 letter regarding Mr. Chatfield's recent court action, below please find my comments on paragraphs 7 and 8 and this document in general. PARAGRAPH #7 Mr. Chatfield's answer bears no real comment. Our records indicate that the actions taken are outlined exactly as they happened. We will have documentation and witnesses available to show that the building for which this permit was revoked was moved on the day Mr. Chatfield recieved the certified letter revoking his building permit. PARAGRAPH #8 Mr. Chatfield's building is in violation of both provisions of 17.51.050 on November 17, 1982. This paragraph also needs no comment. AFFIRMATIVE DEFENSE I'm not sure about the cause of action sentence in paragraph #1 but as indicated earlier we can show documented proof that the structure involved was moved to Mr. Chatfield's property on the same day he received the certified letter rescinding zoning compliance of building permit #4976. COUNTERCLAIM PARAGRAPH #2 If the cost to move this structure was in excess of $10,000, then why wasn't this valuation given on permit #4976? Mr. Chatfield gives a total valuation of only $2,700 for permit #4976. Mr. Joe Purce-- Page 2 Case 82-151 PARAGRAPH #3 The only damage received to Mr. Chatfield's structure when the stop work order was posted was a thumb tack into the wood siding to secure the order to the violating structure. PARAGRAPH #4 We agree, that utility hookups have not been allowed in order to ensure that no further development took place with the structure until the violations associated with it were resolved. PARAGRAPH #5 If you will review the information provided by Mr. Chatfield on building permit #4976 you will see that the use of the structure covered is to be an accessory building. Mr. Chatfield is not allowed to have two seperate residences on his lot by Borough Code. If I may be of any further assistance to you regarding this case, please do not hesitate to call on me. Sincerely, Wil lam R.. Hod ins Zoning 'Officer Community Development Department CC: Case 82-151 Phil Shealy, Borough Manager imi -4; ERWIN, SMITH, GARNETT & BENDELL ATTORNEYS AT LAW 3812 SPENARD ROAD, SUITE 201 ANCHORAGE, ALASKA 99503 PHONE (907),276-3125 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 Mr. William Hodgins Kodiak Island Borough P.O. Box 1246 Kodiak, AK 99615 Dear Bill: March 2, 1983 Re: KIB v. Chatfield Our file: KIB 08 B-13 Enclosed for your file is the Answer, Affirmative Defense, Counterclaim and Demand for Jury Trial we received in the above-referenced matter. Please send me your comments after you have reviewed it. JDP/jec Encl. cc: Phil Shealy Yours tru Joseph Li. Purcel Kodiak Island gotough Kodiak, Alaska RECEIVED MAR 4 1g88 A 01 F M :,i.V-Pil.111,211-121,1141410 1 :2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 2 33 IN THE SUPERIOR COURT FOR THE STATE OF ALASKA THIRD JUDICIAL DISTRICT AT KODIAK-45,6T KODIAK ISLAND BOROUGH, ) ) Plaintiff, ) ) ) ) DAVID CHATFIELD, ) ) Defendant. ) ) ) CASE NO. 3K0-83-23 CIV vs. OEM FEB 2 51983 ERWIN, SMITH, GARNETT Si BENDER • ANSWER, AFFIRMATIVE DEFENSE, AND COUNTERCLAIM COMES NOW the Defendant, DAVID CHATFIELD, by and through his attorneys. George F. Vogt and ASsociates, and for his answer to the Complaint, alleges as follows: 1. The Defendant admits the allegations set forth in paragraph 1 of the Plaintiff's complaint. 2. The Defendant admits the allegations set forth in paragraph 2 of the Plaintiff's complaint. 3. The Defendant admits the allegations set forth in Paragrap•--3- of the Plaintiff's complaint. 4. The Defendant admits the allegations set forth in paragraph 4 of the Plaintiff's complaint. 5, The Defendant admits the allegations set forth in 5 of the Plaintiff's complaint. 6. The Defendant admits the allegations set forth in 6 of the Plaintiff's complaint. 7. The Defendant denies the allegations set forth in 7 of the Plaintiff's complaint. 8. The defendant denies the allegations set forth in 8 of the Plaintiff's complaint. 9. The Defendant denies the allegations set forth in 9 of..the Plaintiff's complaint. AFFIRMATIVE DEFENSES COMES NOW the Defendant, by and through his attorneys, paragraph paragraph paragraph • paragraph paragraph 34 George F. Vogt and Associates, and for his Affirmative Defenses GEORGE F. VOGT ATTORNEY AT LAW P.O. BOX 2547 KODIAK. ALASKA 99615 486-3855 PAGE ONE - ANSWER 1 2 3 4 5 6 7 8 9 10 11. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 26, alleges as follows: • 1. The complaint fails to state a cause of action upon which relief can be granted. 2. The plaintiff is estopped from now obtaining any injunctive relief because the-Plaintiff, by and through its zoning officer, William R. Hodgins, approved and issued a zoning compl.ian on October 13th, 1982, and a City Building Permit #4976 was issued and the building was moved and placed on the property of the Defendant prior to the Plaintiff's zoning officer notifying the Defendant that he was rescinding the previous approval. The .defen- dant has suffered serious harm by the gross negligence of the plaintiff's employee as shown by the counterclaim set forth herein and cannot comply with the demand of the zoning officer without great loss and further injury to his property. WHEREFORE the Defendant prays for a judgment dismissing the cause of action and that he be awarded his costs and attorneys fees. ,.COUNTERCLAIM COMES NOW the Defendant, by and through his attorneys George F. Vogt & Associates, and In his counterclaim, alleges as follows: 1. On or about October 13th, 1982, David Chatfield made an applciation for a building permit and submitted a sketch which was approved by the zoning officer, William R. Hodgins, on the 13th day of October, 1982, a copy of which is attached to and incorporated herein 27i 2. David Chatfield placed the building on the property 281 at a cost in excess of $10,000.(a prior to his receiving the 1 29 notice set forth in Exhibit A of the Plaintiff's complaint rescind 30 ing the zoning compliance. 31 32 33 34 GEORGE F. VOGT ATTORNEY AT LAW P.O. BOX 2547 KODIAK, ALASKA 99615 486.3155 3. That a stop work o der was served which resulted in the building being damaged. 4. That after the damage occurred, he was permitted to seal up the building but could not receive a hookup to any util- ities or use the building. • PAGE TWO - ANSWER . • 2 • 1 2 3 4 5 . 6 7 8 9 . 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 GEORGE F. VOGT ATTORNEY AT LAW P.O. SOX 2547 KODIAK. ALASKA 99615 4E16-3055 5. That as a result of the negligence and the wrongful acts of the Kodiak Island Borough, through its employees, agents and officers, David Chatfield has lost rentals since the 1st day of November, 1982, until the present time of at least Three Thousand Dollars ($3,000.00) per month. WHEREFORE David Chatfield prays for a judgment against the Kodiak Island Borough in a sum to exceed $10,000.00 per month, the exact amount to be determined at the time of trial, plus interest, costs and reasonable attorneys fees. DATED at Kodiak, Alaska, this /5 day of February, 1983. PAGE 'THREE ANSWER GEORGE F. VOGT & ASSOCIATES . tE RGE ATY,47 • AIL2 Counse for t e Defendant. BY 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 GEORGE F. VOGT ATTORNEY AT LAW P.O. NOX 2547 KODIAK. ALASKA 99515 456.3E155 IN THE SUPERIOR COURT FOR THE STATE OF ALASKA • ' THIRD JUDICIAL DISTRICT AT KODIAK KODIAK ISLAND BOROUGH;: ) ) Plaintiff, ) ) vs. ) ) DAVID CHATFIELD, ) ) Defendant. ) ) ) P• FrB 2 5119133 ERWIN, SMITH, GARNETT & BENDEL!: CASE NO. 3K0-83-23 CIV DEMAND FOR JURY TRIAL COMES NOW the Defendant, DAVID CHATFIELD, and makes this his demand for trial by jury in thip.matter —i -DATED this it day of February,.1983., GEORGE F. VOGT AND ASSOCIATES BY: GEORGE M. EA R Counsel for Defendant 1 , 2 . 3 4 . 5 6 7 8 9 10 11 • 12 13 14 15 16 17 18 19 20 21 22 23 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 r tyl u v./ F-r- 2 rli?.33 ERWIN, SMITH, GARNETT & BENDEL!. AFFIDAVIT OF SERVICE BY MAIL STATE OF ALASKA ) ). THIRD JUDICIAL DISTRICT )' and says: SS. : LOIS.MULLEN, being first duly sworn on oath, deposes 1. That she is employed as a secretary in the law offic of ebige F. Vogt & Associates in Kodiak, Alaska; 2. That on the 22nd day of February, 1983, she served copies of the attached ANSWER, AFFIRMATIVE DEFENSE AND COUNTERCLAIM, and DEMAND FOR JURY' TRIAL on the following: ERWIN, SMITH, GARNETT AND BENDELL 1%119 Sp.r.al-d Road, Suite 201 Anchorage, AK' 99503 by depositing same in-the United States mail, postage prepaid, for delivery as directed by an envelope addressed as such. 24. Further your affiant sayeth naught. 25 26 27 SUBSCRIBED AND SWORN to before me this/ day of • LOIS MULLEN - AFFIANT 28 February, 1983. 29 30 31 32 33 34' GEORGE F. VOGT ATTORNEY AT LAW P.O. BOK 2547 KODIAK. ALASKA 99615 486-3833 Notary Public in and for ,Alas My Commission Expires: /A KODIAK ISLAND BOROUGH CASE FILE NO .'z-' /S/ LEGAL DESCRIPTION Z. 3 z 3 OWNER OF RECORD .At-1/40 4 C-4y T,+C DATE PHOTOGRAPHS TAKEN 2$ ,'s BY IN THE SUPERIOR COURT FOR THE STATE OF ALASKA THIRD JUDICIAL DISTRICT • KODIAK ISLAND BOROUGH, ) ) Plaintiff, ) vs. ) ) DAVID CHATFIELD, ) ) Defendant. ) ) Case No. 3K0- Civ. COMPLAINT The Kodiak Island Borough, by and through its attor- neys, ERWIN, SMITH, GARNETT & BENDELL, complains against the defendant as follows: I. Defendant is the owner of certain real property zoned R-2 and B pursuant to Chapter 17.18 and 17.21 of the Kodiak Island Borough Code, located at 208 Rezanoff Drive, Kodiak, Alaska and more particularly described as Lot 32 and a portion of Lot 33, Block 3, Erskine Subdivision, Kodiak Recording District. II. Kodiak Island Borough is a political subdivision of the State of Alaska and is authorized to enact and enforce zoning and land use regulations. III. -ection 17.03.020 of the Kodiak Island Borough Code P200 009 504 at: RECEIPT. FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED-- NOT FOR INTERNATIONAL MAIL No building, part of a building, or any land (See Reverse) SENT TO ;hall be used, occupied, erected, moved or al- DAVID CHATFIELD unless in conformity with the provisions I sir3Rg2TcA,IN80, 8 P.O., STATE AND ZIP CODE - )f this title for the district in which the __Duilding or land is located." Kodi ak , AK 99615 POSTAGE CERTIFIED FEE LU L.> CC LU 1-- LI) SPECIAL DELIVERY RESTRICTED DELIVERY simuommxio DATE DELIVERED SHOW TO WHOM. DATE AND ADDRESS OF DELIVERY SHOW TO WHOM AND DATE DELIVERED WITH RESTRICTED DELIVERY SHOW TO WHOM. DATE AND ADDRESS OF DELIVERY WITH RESTRICTED DELIVERY TOTAL POSTAGE AND FEES POSTMARK OR DATE 1/21/83 KIB-08 JDP IV. - Section 17.03.060 of the Borough Code requires general- D building permit be obtained for the establishment of ng or structure within any district of the Borough. BIIN, S4111-1, WNETI" & BN�i 612 Sword Red Suite 201 Jxray, AK 59533 (907) 776-3125 V. .* Section 17.03.080 of the Borough Code provides that: "Land uses not listed as a permitted use in a district are prohibited." VI. Section 17.51.050 of the Borough Code provides that: "The area occupied by accessory buildings shall not exceed ten (10%) percent of the area of a lot or mobile home space. Acces- sory buildings in rear yards shall not be closer than five (5) feet to any side or rear lot line." VII. The defendant has located two accessory buildings in the rear yard of the premises. Zoning compliance had been inad- vertently indicated on the defendant's original City Building Permit, No. 4976, issued October. 13, 1982, but was subsequently revoked on November 17, 1982 by certified letter addressed to the defendant pursuant to Kodiak Island Borough Code Section 17.75.010(A)(4) which provides for the suspension or revocation of building permits to insure compliance with Title 17 of the Borough Code. VIII. The area occupied by the accessory buildings, is in excess of that permitted by Section 17.51.050 of the Code and is in violation of the other foregoing cited sections. The defen- dant's property •is also being maintained in such a way that it violates the, provisions of Section 17.42.040, which provides in part that no lot area shall be so reduced, diminished or main- tained that the yards or other open spaces or total lot, area is smaller than prescribed. Further, such use of the defendant's property is not listed as a permitted use, and is therefore, pro- hibited. -2- I IX. Although duly notified of said violations (see Exhibit A attached), the defendant has failed and neglected to bring said property into compliance with Title 17 of the Borough Code.' WHEREFORE, the plaintiff prays for judgment against the defendant: 1. Ordering the defendant to take appropriate action to bring said property into compliance with Title 17 of the Borough Code; 2. Ordering the defendant to immediately either remove the accessory buildings from the premises, reduce the size of the structures to the area permitted, or obtain a variance; 3. Enjoining the defendant from further violations of Title 17 of the Borough Code, including but not limited to viola- tions in the nature of those set forth herein; 4. Awarding the plaintiff its reasonable attorneys' fees and costs incurred herein; and 5. Granting such further relief as the Court deems just and equitable. DATED this day of Alaska. '1983 at Anchorage, ERWIN, SMITH, GARNETT & BENDELL CERTIFIED RE10,—)RECEIPT REQUESTED KODIAK ISLAND BOROUGH Telephones 486-5736 - 486-5737 — Box 1246 November 17, 1932 KODIAK, ALASKA 99615 Mr. David Chatfield Box 2858 Kodiak, Alaska 99615 RE: Ci ty• Building Permit #4976 'Dear Dave, 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 •rea of the Tot 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 R. He.- Zoning Officer Community Development Department CC: • . Morris I.Pe, ritv Ruildinr .01 F -** rn -4 m to 0 . _ rn rn tit C ; * • ; . :t • 1. • --: . _ . .. . i i:2..:3Eil: Complete items 1, 2, 3, and 4; Add your address in the "RETURN TO spa4 on reverse. (CONSULT POSTMAFITE; 1.- The following service is requested ran FEES) (check one). of delivery —.-- in addition to TOTAL • Show to whom and date delivered ZINShow to whom, date, and address . . • RESTRICTED DELIVERY (The restricted delivery fee is charged thr return receipt fee.) TO: . . ' 7 3,1ARTICLE AD E, \i 1)1/41.,Q‘6 \-0,\ \;...' VS XS '',J..74,. Qk:1‘.3E5 (-3-Nts., CICAV:3 4. TYPE OF SERVICE: 15:1:1C),E NUMCER roly - -,5 35 g 1(6 0 REGISTERED • mum • EkERTIFIED le COD 0 EXPRESS MAIL • (Always obtaIn signature of addressee or agent) I have received the article described . SIGNATUFIE • Addressee above. agent • , ...4 e -.; • • Authorize 1 DATE OF DEL RV .- ... . •,-- • . •. 6. ADDRESSEE'S ADDRESS (Only if ',quested) • 7. UNABLE TO DELIVER BECAUSE: , . 7. EMPLOYEE'S ; INITIALS ; )XtJK ClIcgOd stx•At. 58 \CA (NJ- • I • • . . ; • A : .. i , ; •.4.‘ • ,... — i • • : - ; rfr: if.17 .. , l• 11 s ti cf , .? 1 ! • =. . • • CERTIFIED REliKii RECEIPT REQUESTED' KODIAK ISLAND BOROUGH Telephones 486-5736 - 486-5737 — Box 1246 November 30, 1982 KODIAK, ALASKA 99615 • Mr. David Chatfield Box 2858 Kodiak, Alaska 99615 RE: Orange and White Accessory Building on Lot 32, Block 3, Erskine Subdivision. , Dear Mr. Chatfield, An orange and white,accessory building has recently been located on the above referenced property without a building permit. In accordance with Section 17.75.010(A)(2) of Borough Code, you are'given ten (10) days from the date of this'letter to remove this structure from this property. Failure on your part to accomplish this task within this time period will result in the matter being forwarded to the Borough Attorney for appropriate legal action. If you have any questions regarding this letter or its intent, please do not hesitate to call on us at 486-5736. Sincerely; William R. Hodgins Zoning Officer Community Development Department CC: Morris Lee, City Building Inspector Case 82-151 - '• WRH/jmj 0 SENDER: Complete items 1, 3, and 3. Add your address in the "RETURN TO space on trwuse. I. The following service is requested (check one.) ❑ Show to whom and date delivered e et 2. ANTI E AOQRESSED Ir. 1�ck.Uk� Iludlici i INSURED N i NO. (F.ivizys ctta :n ns urn of addret.soe or agent) I h have received the article de c,ibed above. .TEOFDELIVERY ••' • • P•ITMAR K j 5. • • ADOBESS iC?mp :etc on:r If regiattte4) , *GPO : 1 79.2S3. 43 rev ,z. • • • f r• "bov6d. C,D\C:o.,1c Kc 1 ktc sI C1910/ • `, -7:5- ]E PEG x:32 .' • ■ CERTIFIED REi.. RECEIPT REQUESTED KODIAK ISLAND BOROUGH December 17, 1982 Mr. David Chatfield . -Box 2858 Kodiak, Alaska, 99615 Dear Mr. .Chatfield, Telephones 486-5736 - 486-5737 — Box 1246 KODLAK, ALASKA 99615 I write regarding my November 30, 1982 letter received by you on December 6, 1982. Please be advised that your ten (10) day "grace" period regarding the violation outlined in that letter has expired. As you have not made an attempt to obtain a building permit for the orange and white, metal sided structure located on your property, we can only assume you have no intnetions of doing so. However, if this is not the case you are given an additional ten (10) days from the date:of this letter in which to contact us regarding this structure. Failure on your part to do so within this additional time period will result in the matter being forwarded to the Borough Attorney for initiation of legal action. Sincerely, William R. Hodgins Zoning Officer Community Development Department CC: Case 82-151 Morris Lee, City Building Inspector WRH/jmj TRIAL COURTS FOR THE'STATE OF ALASKA THIRD JUDICIAL DISTRICT ) ) ) KODIAK ISLAND BOROUGH, ) Plaintiff(s) ) ) vs. ) ) ) DAVID CHATFIELD ) ) Defendant(s) ) ) ) Case No. IAN- CIV SUMMONS TO: DAVID CHATFIELD , Defendant. YOUARE,HEREBY SUMMONED and required to serve upon the court at 303 K Street, Anchorage, Alaska and copy upon: CARNETT BE.DELL. :FRWTN, SMITH. , Plaintiff's attorney, whose address is: Alaska 9950 an answer to the complaint which is herewith served upon you within 20* days after the service of this summons upon you, exclusive of the day of service. If you fail to do so, judgment by _default may be taken against you for the relief demanded in the complaint. C:1 This case has been assigned to Superior Court Judge 0 .This is a District Court case andwill be assigned to an available judge. DATED: .(COURT SEAL) By: Clerk of. the Trial Courts Deputy Clerk *If the State or an office or agency thereof is a defendant, the time to be inserted as to it is 40 days. ASC-1 (1/81) (St. 3) ANCHORAGE SE A%4n' Ls ifi2F ,4vz 'we r4 ,#eecs ox' egagerfo C6{97-,1264 s Aneryj Lrct.ists �fte- .72 To a fib cry Act aces i37/renaeV Caoy /%u,¢ (vo fears) 8 fyo teista- , 0 67-2) 8c.v %9Z Crew Aorta Alit/ a, -suers Mayo to/ctn. /let s der - 8s7s rtea.) t y Etetos 07S0 (Ail raptor 0 CASE FILE N0.8� /s/ DATE /7J iF3 AJIS 2295 14.33 0L65 0094 14.36 01/14/83 LICENSE SERIAL NR M/C ENGINE NR CLS YR MAKE MUL BODY CLR 3270AD 2K1540110066 45 62 CHEV 1=K t3LU UNLDN GROSS POWER AX ATC ORIGIN PRV ST TITLE TYPE /NR 4141 UNKNOWN AK TITLE /REG 196170 APP DATE EXE' DATE COMP IDENT LAST ACTION TAX L.00 /MO STATUS 4/13/76 NOV 80 11/09 DL3O RENEW 9/05/79 33 C -1' 9T//' i) /S )WNE'R DOROG GARY E. RES 1322 LARCH AND GENERAL DELIVERY MAIL KODIAK AK 99615 LIEN ADDR \ CASE FILE NO. J5Y DATE i/i�, e/ LICENSE SERIAL NR M/C ENGINE NR CLS YR MAKE MDL BODY CLR 8EN182 RT620194037 11 71 TOYT COA 49 BLU L!NLDN GROSS POWER AX ATC ORIGIN PRV ST TITLE TYPE /NR AK TRANSFER AK TITLE /RE_G 0L120832 APP DATE EXP DATE COMP IDENT LAST ACTION TAX LOC /MO STATUS 3/04/76 AUG 82 8/03 DL16 RENEW 8/03/81 01 08 TER PEND OWNER ARNETT HEATHER M AND 1471 W 26TH APT 09 MAIL. ANCHORAGE AK 99503 ADDR MARK AVILES 08088 3/04/76 ABA707 RES SAME LIEN PREVIOUS OWNERSHIP PREVIOUS PLATES 2/25/80 SCHRAGE F R OR JENNIE CASE FILE NO . ?2'57 DATE / TTP{ ICYTTK .. r y P1 R 11-1 k Y-R.J t UV Fi tt t I. I FTMIT r o t Pa :- \ LICENSE SERIAL NR M/C ENGINE NR CLS YR MAKE MDL BODY CLR BL.J930 8H27H123315 11 78 FORD LTD 44T WHI IJNL)N GROSS POWER AX ATC ORIGIN PRV ST TITLE TYPE /NR AK TRANSFER AFC T1TL.E /REI3 0L651334 APP DATE EXP DATE COMP IDENT LAST ACTION TAX LOC /MO STATUS /Lf1- _SEE- - 2/1 0/Z2 :ii (12 OWNER CHATFIELD DAVE AND BOX 2858 MAIL. KODIAK AK 99615 LIEN ADDR PREVIOUS OWNERSHIP PREVIOUS PLATES 1/05/82 XXH121 2/10/78 XXC903 RES 200 REZANOF DRIVE KODIAK AFC 99615 9/10/82 CITY OF KODIAK CASE FILE NO. F2-/S7 DATE /7L.j 1 1 KODIAK ISLAND BOR....GH ZONING COMPLAINT - STAFF FOLLOW -UP: HISTORY SHEET PROPERTY: Lot 0• block 3 , Subdivision %1/41( USS -.t... M.ys- .ar'3`rc*. .`."v.-�.{•1� •.�.�3.P�+ "`m...c�vcai- -- 1 IJS bi...wt I a,s*t ae. •• -.••� 1llY ^'aN,s+nic•'•n , ww.w_,_..: - *. PROPERTY OWNER: /7• cb Address,$(C.Z85' OCCUPANT: Stage- Address CURRENT ZONING: iE`c3 (.�cce9- � (. Du fee_a/b5) NATURE OF COMPLAINT /INVESTIGATION /VIOLATION(s): /,'7 03.oto • /7-o3,aO Date & time5o /{%t/ 8Z Staff Member alo Action, Memoranda .a1471 & ev' 6 eed( ,4zi G(%t64' T� 4r Aar &7 at-et-5501v v 4h4 / A o. +y e a-.de.- ) /� Am/ , I?OS'cc/ 24(' 4 - ,area y /r - car Date & time 30,!/date-z. Staff Member Ar,betays Action, Memoranda i ',t ale l /Lofr, Sent. A!!• c%t aei' ad * Aged 4 . fn'4 7 710 - o.c7;rv. Date & time 643101 8- Staff Member -vs Action, Memor= nda,terZr.c4V ,te&eor raw .J.r t 1 j// OiYJ. 7ct2 n.-fy an tr evie s /6 /Dec Date & time /72 _.e19CL Staff Member ,a20..u5 Action, Memoranda a RG:c.i'te c, 44, ears 9...a.../9 "let • f ae e7 4 . Date & time Z% Pee: c = Staff Member ..abv,us Action, Memor::nda ,/T eic-. 5 cc.tc / ;' s geffAieer .4 4,e4jui L s • Date & tim 30 PeG 827. Staff Member 143 .1-...-S STATUS OF COSE AS OF T ,�775/ 4 467 n � fgc'? e€9,K" %r /_ Gr � . KODIAK ISLAND BOROUGH December 30, 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: Lot 32, Block 2, Erskine Subdivision, Case 82 -151 David L. Chatfield Enclosed please find the contents of violation case 82 -151 regarding Mr. Chatfield's location of an accessory building on his property without a building permit. We request initiation of legal proceedings on this case as compliance has not been shown to us by Mr. Chatfield within the alotted time period. In our opinion, the following sections of Borough Code are being violated by the present location of this structure on Mr. Chatfield's property,: 1. 17.03.020 in that the use of this structure is not in conformity with the adopted Borough Codes; 2. 17.03.060 in that a building permit application with the proper zoning compliance was not obtained to locate this structure on this property; 3. 17.42.040 in that the total area of the yard provided on this property has been reduced, diminished or maintained so that the required yards are smaller than prescribed by Title 17 - Zoning, and; 4. 17.51.050 in that the areas involved with the accessory buildings on this property exceeds ten (10 %) percent of the area of the lot on which these structures are placed and be- cause this structure is located closer than 5' to the rear lot line. You will recall that we forwarded you a similar case regarding Mr. Chatfield's property on December 14, 1982. As both of these cases involve accessory buildings and the same property and owner, it may prove advantageous to us to combine these cases. I'm not sure of this so please advise us at your earliest convenience. If you have any questions of us regarding this case, please do not hesitate to call us at 486 -5736. Joe Purcell r' Case 82-151 Page 2 Sincerely, William . Hodg Zoning Officer Community Development Department CC: 82-151 Morris Lee, City Building Inspector David Chatfield, Box 2858 WRH/jmj { CASE FILE NO. eZ -/57 DATE /7' /8L *** *+*•* *ry'^M1•YVMF*h*Yr"VMii** *1 *** *h*•** *ry*v *T'** M1* Try********* +********•r'******* *** ****** ***** 1 Y ,. " MY*vvMm *ry•Y'MYMYMTYYTM*'f Yry•M ry.*Y*M*YYYT'r•m * ** **Yry M ** ** w *ry YYYi*." ** PROPERTY TAX INQUIRY ENTER PARCEL NUMBER 81140030330 CR-IP I WN, tK OWNER 1 CHATFTELD,..D.AVID L ZONE B USE V E AUU IN LUT 33 Bus 3 OWNER 2' • CITY KODIAK STATE AK ZIP CODE 99615 ASSESS CHG DATE 010182 BLDG SQ FOOT 000000000 LAND FT AR F LAND AREA 2246.00 • TICMI� LENGIH 000 YEAR turlT OU LM U / IU tN CASE FILE NO. er7757 DATE /2' ZePez, **********************************:**********************e***************** n PRTITT—X-E—r—PRIYM- ** ea:* *******e.c*e.t.*** PROPERTY TAX INQUIRY ENTER PARCEL NUMBER STATUS A R1140030320 OWNER 1 CHATFIELD,DAVI'D L A—D-DR 43-:—BaX-21358 CITY KODIAK ZONE R3 USE R2 ' OWNER 2 REZ STATE AK ZIP CODE 99615 - - LAND/ H PLZR SON* MENTS ASSESS CHG DATE 010182 BLDG SQ FOOT 000002712 LAND FT AR saw CERTIFIED RETG'r.,:'RECEIPT REQUESTED KODIAK` ISLAND BOROUGH December 17, 1982 Mr. David Chatfield Box 2858 Kodiak, Alaska 99615 Dear Mr. Chatfield, Telephones 486 -5736 - 486 -5737 — Box 1246 KODIAK, ALASKA 99615 I write regarding my November 30, 1982 letter received by you on December 6, 1982. Please be advised that your ten (10) day "grace" period regarding the violation outlined in that letter has expired. As you have not made an attempt to obtain a building permit for the orange and white, metal sided structure located on your property, we can only assume you have no intnetions of doing so. However, if this is not the case you are given an additional ten (10) days from the datelof this letter in which to contact us regarding this structure. Failure on your part to do so within this additional time period will result in the matter being forwarded to the Borough Attorney for initiation of legal action. • Sincerely, William R. Hodgins Zoning Officer Community Development Department CC: Case 82 -151 Morris Lee, City Building Inspector WRH /jmj E} SENDER: Comptcto itmxa S, Add your addreu to Our "RETURN 7O" pace an rereta0. I. The following service Is rdquested (chock one.) I Show to whom and data delivered. lay Show to whom, data and address of deliveryd ❑ RESTRICTED DELIVERY Show to whom and date delvered 0 RESTRICTED DELIVERY; Show to whom, date, and address of deltvery.E— (CONSULT POSTMASTER FOR FEES) KYIf •• 7W.S)Icl RGDG u vt sl¢ kt px a85f Kodlu.k. R1Gskct °I ci to IJ 3. ARTICLE DESCRIPTION; REGISTERED NO. CERTIFtSDNO� ia4—s35is INSURED NO, 8, (Always obtain signature of addressee or agent) I have received the article described above, SIGNATURE DAddressee ElAethorlzed u ST agent rRS� POS. C-'. •_ c))i ; , TE OF DELIVERY 5. ADDRESS .(Con pMa oSv N ray�roitad} 6. UNABLE TO DELIVER BECAUSE: CLERK'S INITIALS GPO: 1016- 288.04B P24 5357818 RECEIPIrFOR CERTIFIED MAIL NO NOT FOR II LEO� INTERNATIONAL MAIL (See Reverse) EET AND NO..p ry5g 4,STATEAND 2118'5 ODE ggb15 dw12 Wit v''1 \SHr -TOL D ANA IA1E 0UVEAV I pQM H RESTRICTE O ADDRESS OF DELIJF$E �1 l ttSJ,.R(C1�p OTjSt CERTIFIED RETURN RECEIPT REQUESTED KODIAK ISLAND BOROUGH November 30, 1982 Mr. David Chatfield Box 2858 Kodiak, Alaska 99615 Telephones 486 -5736 - 486 -5737 — Box 1246 KODIAK, ALASKA 99615 RE: Orange and White Accessory Building on Lot 32, Block 3, Erskine Subdivision. Dear Mr. Chatfield, An orange and white accessory building has recently been located on the above referenced property without a building permit. In accordance with Section 17.75.010(A)(2) of Borough Code, you are given ten (10) days from the date of this letter to remove this structure from this property. Failure on your part to accomplish this task within this time period will result in the matter being forwarded to the Borough Attorney for appropriate legal action. If you have any questions regarding this letter or its intent, please do not hesitate to call on us at 486 -5736. Sincerely, William R. Hodgins Zoning Officer Community Development Department CC: Morris Lee, City Building Inspector Case 82 -151 WRH /jmj KODIAK ISLAND BOROUGH Property ghfE.fc( Legal Description 4,7 Pi 3-3• 3- F��•vF Owner of Record j, J/2:, (wor/'fi? Date Pictures Taken / By rf7,,rls on ere O m • SENDER: Complete items 1, 2, and 3. All Your address In the "RETURN TO" space on Tevu as p 115 -4 2 31 n on C1 I1 fi fi C 2 1. The following service is requested (check one.) ❑ Show to whom and date deliver °d. — a ICI Show to whom, date and address of delivery.. iQ(J d 1 ❑ RESTRICTED DELIVERY Show to whom and date delivered — Q O RESTRICTED DELIVERY. Show to whom, date, and address of delivery S iliaga ONV O31l 0 (CONSULT POSTMASTER FOR FEES) ) ARTICLE ADgft L_ (�, f I ) d l i4La 4 4 g92/s 3. ARTICLE dESCR1PTION: REGISTERED NO. + CERT5FIFD NO. INSURED NO. Igt.q -535 ?- (Always obtain signature of addressee ow agent) 1 have received the article described above. SIGNATURE `a ddresree Muth TE OF DELIVERY S. ADDRESS iCerepteta only N 6. UNABLE TO DELIVER BECAUSE: . CLEf16'S *GPO 1 79 -38-848 -P24 5357992 RECEIPT FOR CERTIFIED MAIL NO INS'RANCE COVERAGE PROVIDED — NOT FOR INTERNATIONAL MAIL (See Reverse) a X_ 0 A 1 SENT TO cid cikANAs PO ST TE NDZI•,COD ^ ^l ►"Aid _. It O C_II UI J POSTAGE , II. 111 CONSULT POSTMASTER FOR FEES CERTIFIED FEE 15 e OPTIONAL SERVICES SPEC 1 'r R MID WA. �� f 1 -s (it v RE ED DELI MI _. -� SHOW TO WHOM AND DATE DELI 1 ti, J I HI'iii DELIVE t DELIVE ��r �;� %SHOW i AF l7 I+ ': iii RELIVE Y LIVERY TO WHOM. DATE AND trill. F DELIVERY WIT''jIFj� (f f, TOTAL PO TAGE AND FEES S 1, 55 • •4STMARKOR DATE � � ?A-2-- ' 1g KODIAK ISLAND BOROUGH CASE FILE NO. c - /S/ LEGAL DESCRIPTION L• 55 a. 3 rerzee OWNER OF RECORD l/7lviD L^/7 Ez, DATE PHOTOGRAPHS TAKEN /7 Dec 8 BY I>6 e■r/5