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and occupation permit was revoked.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