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KODIAK TWNST BK 8 LT 6A,B,C - Code EnforcementJOEL H. BOLGER' C. WALTER ESELL' DUNCAN S. FIELDS DIANNA R. GENTRY MATTHEW D. JAMIN WALTER W. MASON' JANE E. SAUER ALAN L. SCHMITT MICHAEL C. 50)4004' *ADMITTED TO A)ASKA AND waSHINGTON D*MS Alt OTHERS *OMITTED TO *Lassa OAR JAMIN, ESELL, BOLGER Si GENTRY A PROFESSIONAL CORPORATION ATTORNEYS AT LAW 323 CAROLYN STREET KODIAK, ALASKA 99615 L. Ben Hancock, Esq. P.O. Box 481 _ _Kodiak, AK 99615_ _ __-- — TELEPHONE: (907) 486-6024 FACSIMILE: (907) 486-6112 REPLY TO AODIAK OFFICE April 23, 1992 Re: Kodiak Island Borough v. Kurt M. and Gabrielle LeDoux Our File No. 4095-87 Dear Ben: ANCHORAGE OFFICE: 1200 I STREET. SUITE 704 ANCHORAGE. ALASKA 99501 TELEPHONE AND FAz (907) 276.8100 SEATTLE OFFICE: 300 MUTUAL LIFE BUILDING 605 FIRST AVENUE SEATTLE. WASHINGTON 98104 TELEPHONE: (206) 622-7934 FACSIMILE: (206) B23-7521 EnPlosed is an Aclmowledgment of Partial Satisfaction of Judgment as you requested. Please note that I am relying on your promise to forward to me full payment in the amount of $5,307.05 on or before May 1, 1992. Please do not file or record the enclosed document until you have delivered the full payment to me. The Kodiak Island Borough has determined to inspect the property for compliance with the injunction on or about July 1, 1992. We will proceed with an appropriate request for sanctions if the parking lot has not been completed in compliance with local codes before that date., j I Thank you again for your assistance in resolving this matter. Feel free to' csII if you have any questions. Sincerely yours, JAMIN, FRFLL, BOLGER & GENTRY J1113:cat Enclosure cc: Ms. Linda Freed, Community Development Director The Honorable Jerome Selby, Mayor Mr. Jack McFarland, Presiding Officer Kodiak Island Borough Assembly 67L.014 Kurt LeDoux LeDoux and Lelbux 219 Upper Mill Bay Poad Kodiak, Alaska 99615 Dear Mr. Le?bux: December 22, 1988 It has come to my attention that a change of occupancy, specifically a change from a Single Family Residence (R-3) to a Professional Office (8-2), has occured on your property located at 219 Upper Mill Bay Road, Lot 6A, 6B, and 6C, Block B, Kodiak Townsite. (ref: Zoning Compliance Permit number C88-024 issued February 24, 1988) Pursuant to Kodiak City Code, Chapter 14.0+, Section 14.04.010 which adopts the 1988 Edition of the Uniform Building Code (UBC), and in accordance with Sections 301. 307, and 502 of the UBC, you are reauired to apply for a Building Permit and Certificate of Occupancy when a change in the character of occupancy or building use occurs. Before a Certificate of Occupancy Drill be issued, a physical inspection of the premises shall be performed by the Building Official to determine if the provisions of the Code (UBC) have been met. Please, be advised that occupying a building prior to issuance of a Certificate of Occupancy is a violation of Section 307 (a) of the UBC, and failure to comply may subject you to the penalties of Section 14.44.030 of the Kodiak City Code. Consider this letter a formal request for you to submit an application for a Building Permit and Certificate of Occupancy for the above mentioned building by January 6, 1989. Thank you for your cooperation. Sincerely, John Sullivan Building Official POST OFHCE BOX 1397. KODIAK, ALASKA 99615 PHONE (907) 486-3224 MATTHEW D. JAMIN C. WALTER EBELL JOEL H. BOLGER* DIANNA R. GENTRY ALAN L. SCHMITT *ADMITTED TO WASHINGTON AND ALASKA BAR ALL OTHERS ADMITTED TO ALASKA BAR JAMIN, EBELL, BOLGER & GENTRY A PROFESSIONAL CORPORATION ATTORNEYS AT LAW 119 FIRST AVENUE SOUTH SUITE 320, MAYNARD BUILDING SEATTLE, WASHINGTON 95104 FACSIMILE: (206) 623-7521 TELEPHONE: (206) 622-7634 REPLY TO SEATTLE OFFICE December 20, 1988 Linda Freed Community Development Director Kodiak Island Borough 710 Mill Bay Road Kodiak, Alaska 99615 Re: LeDoux Zoning Matter Dear Linda: KODIAK OFFICE: 323 CAROLYN STREET P.O. BOX 4269 KODIAK, ALASKA 99615 FACSIMILE: (907) 466-6112 ITELEPHONE: (907)486-6024 , RECEIVED DEC 2 31988 i ,COMMUNITY DEVELOPMENT DEPT I have had the opportunity to review the administrative file which your forwarded to me in this matter and: to order a title report in preparation for litigation. I have also drafted a Complaint for filing with the superior court to initiate an action against Mr. LeDoux for an injunction to restrain the use of his property pending the construction of a parking lot and receipt of the proper certificate of occupancy.! While you were away, I called and talked' with Bob Scholze briefly about the problems which may arise with the certificate of occupancy claim. It may be advisable foriusi to pursue the parking lot issue independently, and to urge the building inspector to develop the certificate of occupancy issue a bit prior to any legal action by the Borough or the,City of Kodiak. I agreed with Bob to contact you upon your return from vacation to discuss these alternatives. Please do not hesitate to contact me upon your return if you have any questions. Sincerely, JAMIN, EBELL, BOLGER'& GENTRY el H. Bolg Attorney JHB: ss cc: Bob Scholze, Community Development Dept. 4095\87L.001 ) Dec. 19, 1988 Memo: To: File From: Bob Scholze Re: Lots 6A -6C, Bik. 8, Kodiak Township (Le Doux) Telephone call from Joel Bolger (11:05 a.m.- 11:15 a.m.) concerning initiation of legal proceedings for non-compliance. Mr. Bolger said that with the issue concerning the parking lot he thought that the claim was sound and well-documented and he would be confident about taking it to court now to obtain an injunction for discontinuance of use. ' He said he was less confident at this point about the issue concerning the change of occupancy permit since A.) it was tied in with the variance proceedure, and B.) it may end up being a matter for the City to enforce. Mr. Bolger expressed uncertainty about the strength, of just the change of occupancy issue alone, and said that he would much prefer to be in the position to bring both together at the same time before a judge. One thing he would want to have would be a copy of a determination based on an inspection by the building inspector regarding what ,upgrades are required to bring the structure into conformity with Code, and a copy of a letter written from the building inspector to Mr. LeDoux notifying him of the determination and what is required to conform to Code. We decided that it was probably best at this point ;to hold further action, other than inspection by the building offical, until the first week in January when Linda will be back and Joel may be in Kodiak. cc. Linda Freed John Sullivan AUTHORIZATION TO REQUEST LEGAL OPINION TO: Joel Bolger DATE: November 30, 1988 ACCOUNT #: 010-141-510-29-41 SUBJECT OF REQUEST: Proceed with legal action seeking discontinuation of the uselof the residence at 219 Mill Bay Road (Lots 6A and 6C, Block 8, Kodiak Townsite) as a profesional office building until the requirements of the zoning code and building code are complied with. REASON FOR REQUEST: Failure to comply with the requirements of the zoning compliance permit number C88-024 issued pursuant to a variance granted by the Planning and Zoning Commission on November 18, 1987. Specifically, the fact that a parking lot with eight (8) parking spaces and bumperguards has not been installed in the rear of the building. Failure to have the building inspected by the building official and the proper permit issued for the change of occupancy from residential to office. REQUESTED BY: Linda Freed, Director Community Development Dept. AUTHORIZED BY: ideman, Purchasing Agent ///4q/ REVIEWED BY: Je ome Selby, Borough Mayor fJ3D, pvsP7)01A)s 9 i0',d 30 ffevent-e0 awl< 77le PXtigt16/.2-r-,-- If�� Nov. 14, 1988 Memo: To: File From: Bob Scholze A telephone conversation was held with Mr. Kurt LeDoux today (Nov. 14, 1988) to confirm his receipt of the certified letter and his understanding of the schedule deadlines specified in that letter. He confirmed that he received the letter and that he understood, his ten-day appeal period having passed, that he must now begin work on the parking lot installation by Nov. 30, 1988 and complete the work by Jan. 30, 1989 or face further enforcement action. 3 •SENDER: Complete items 1' and 2 when additional services are desired, and complete items 3 and 4. Put your addressin the "RETURN TO" Space on,:he reverse side. Failure to do this. will prevent this card from being returned to ou. The rettirn retort fea will • ovide ou the nameof the •arson delivered to and the d: : ..„aimytv so '-'orrmmr«i e o owmg services are avai a 0. onSU t postmaster or rtr.'r—n• 1*""Tho es for additional Service s : •ues ed.'pp 1. m. - •w'to whom delivered, date, and addressee' address. 2. El Restricted delivery (Extra (Extra. charge) ✓3. Article Addressed tot Kurt LeDouxi LeDoux and LeDoux 219 Upper hill Bay Road Kodiak, Alaska 99615 4. Article Number P 657 91'6 586 Type of Service: ❑Registered c - %ertifiod ❑ Express Mall ❑ Insured Coo 0 diatoym Receipt for Merchandise Always obtain signature of addressee or agent and DATE DELIVERED) 5. Signature - Address X 6. Signature X *O 7. D e. of Delivery 1U SI — 3811, Mar. 1988r * U.S.G.P,O, 1988- PS Fo 8. Addressee's Addreas (ONLY if requested and fee paid) r, 2-865 DOMESTIC RETURN R P•657 916 586 RECEIPT FOR CERTIFIED MAIL NO INSURM CE COVERAGE PROVIDED NM FOR INTERNATIONAL MAIL (See Reverse) Sem to t� _ tNLt tX. s t Y V G}G Street and No. 2-N. U M P.O., State and ZIP Code 1(.o Q1 4 IF - Hostage S Certified Fee Special Delivery Fee Restricted Delivery Fee Return Receipt showing to whom and Date Delivered Return Receipt showing to whom, Date, and Address of Delivery TOTAL Postage and Fees $ Postmark or Date Kodiak Island Borough 710 MILL BAY ROAD KODIAK, ALASKA 99615-6340 PHONE (907) 4865736 Certified Mail - Return Receipt Requested Kurt LeDoux LeDoux and LeDoux 219 Upper Mill Bay Road Kodiak, Alaska 99615 October 27, 1988 Re: CASE 87-058. Request for a variance from Section 17.36.030 (Nonconforming Lots of Record) of the Borough Code to permit an existing single-family residence locatedon a nonconforming lot of record (substandard lot area and width) in a R3 --Multifamily Residential Zoning District to be converted into a professional office building containing a separate single-family dwelling unit. Lots 6A, 6B, and 6C, Block 8, Kodiak Townsite; 219 Mill Bay Road. Dear Mr. LeDoux: Based on our telephone conversations of October 17 and 25, 1988, the following administrative decision has been made to bring the above referenced property into compliance with the Kodiak Island Borough Zoning Code and the conditions upon which the Planning and Zoning Commission granted the variance request referenced above: A parking lot providing eight (8) parking spaces and bumperguards will be installed to the rear of the property behind the building as indicated in the parking plan on file. Construction on the parking lot will begin within thirty (30) days and be completed within ninety (90).days of your receipt of this letter. I hope that this decision accurately reflects our conversations and my indication as to the course which must logically be followed to ensure compliance. The time period seems reasonable considering your stated intention when you applied, after the building had already been occupied, for a zoning compliance permit in February of 1988 to have the parking lot completed and bumper guards installed by October 18, 1988. Kodiak Island Borough Certified Mail - Return Receipt Requested Kurt LeDoux LeDoux and LeDoux October 27, 1988 Page Two This decision is final unless appealed to the Planning and Zoning Commission within ten (10) days of receipt of this notice. An appeal is commenced by filing with this office a written notice of appeal, specifically stating the reason for the appeal and the relief sought. An appeal under Section 17.68.020(B): of the Borough Code may be brought by any person aggrieved by the decision. Major department personnel transitions over the summer have extended the usual thirty (30) day compliance period into a compliance period, in this case, of some eight months. I am sorry for the delay, but perhaps it gave you more time to consider options and explore possible alternatives. You also indicated in a phone conversation that the building is now being used exclusively as an office building and no longer as a residence. Please be advised that this requires the ,issuance of a building permit and change of occupancy. City ;building inspector John Sullivan (486-3224) can further clarify these requirements for you. Failure to comply with the terms of the decision or to appeal the decision subjects you to the penalties of Section 17.75 of the Kodiak Island Borough Code which may result in suspension or revocation of the variance [17.75.010(4)] and/or civil action [17.75.030(B)]. Thank you for your cooperation. If you have any questions, please contact me at 486-5736, extension 254. Sir3,cerely, Bob Scholz ej Associate Planner= -Enforcement Community Development Department cc: John Sullivan, Building Inspector Planning and Zoning Commission Oct. 17, 1988 Telephone conversation with Kurt LeDoux. I reminded him that according to the conditions of the variance granted him for the use of the residence at 219 Mill Bay Rd. as an office he was to install eight (8) parking spaces behind the building. Told him that when I went to check if the bumper guards had been installed as per his schedule, I couldn'd even find the damn parking lot. He wondered if there might be some alternative to tearing out his backyard to put in a parking lot which, he claims, there is little need for and would be little used. I informed him that failure to follow through on the parking plan he had submitted on file, and on which, conditionally, the variance was granted, left him in violation and could ultimately result in the business use of that building being discontinued. The avenue of appeal available would be in response to an administrative decision from the Community Development Dept. which must, logically, require him to install the parking lot. I indicated to him that he would have 10 days': after recieving such a decision to appeal and seek relief from the Planning and Zoning Commission. Mr. LeDoux also informed me that the building was being used exclusively as an office and no longer as a residence. I told him that, if that we - to case, he would have to get a building permit and =--� � - of occupancy from the building inspector and meet the special code requirements for a commercial building. He asked for a few days to think about what to do about the parking and permit requirements. cetzp keivas qo 1O L .64r -in //////alias r _ , ai r f r uriiit 5 Glen w7b7 alk Y Piz., aqui lnebee ' 7IMAL urs t -t' k e,,it22t w 6C'pre . e White copy: File Yellow copy: Building Permit Pink copy: Applicant ZONING COMPLIANCE PERMIT 1. PROPERTY OWNER/APPLICANT '''it ---- 11} IslandBorough Ccsnniunity evelopment Department 710 Mill Bay Road, Room 204 Kodiak, Alaska 99615 (907)486`15736 Ext. 255 Zoning Compliance # Name: / -S �.� Q Average lot depth: Average lot width: Lot depth to width) ratio: Lot, block, subdivision: l Co( Address: `_A r 9 M, 1 l f g Telephone: 1 6 r C40=1i.._ 2. LEGAL DESCRIPTION OF PROPERTY Street Address: id` 19 i'v l t 1 ( (4eget Minimum lot vridtI : f`Z/ Average lot depth: Average lot width: Lot depth to width) ratio: Lot, block, subdivision: l Co( (G V 1 %< _e� L, Minimum Set cks—Front:- a 1 lJ-,-t — t %, )l9 Survey, other (e.g. township/range): No Sides: t) Additional Setbacks: Qvt,t,CiLL - Tax code #: ( ez, tet' 0 0 8 0 0 lam. 1 Maximum projection(s) into required yards: --- . Conditions attached to Consistency approval to mitigate conflicts noted above: {\,, 3. DESCRIPTION OF EXISTING PROPERTY Zoning: Square footage of lot: Minimum lot vridtI : f`Z/ Average lot depth: Average lot width: Lot depth to width) ratio: Use and size of existing buildings on the lot: S F 9...., 1 Title Minimum Set cks—Front:- Rear: Il)t" 4. DESCRIPTION OF PROPOSED ACTION (attach site plan) C/4t-s•-4-Iliti 4 1 5 (42) /-ii--s- ri.C-tid -- Title Minimum Set cks—Front:- Rear: Il)t" Proposed action consistent with Borough Coastal Management Program — No Sides: t) Additional Setbacks: Qvt,t,CiLL - Maximum projection(s) into required yards: --- . Conditions attached to Consistency approval to mitigate conflicts noted above: {\,, Maximum building height: '.5" --`/-Maximum 5."'YONING REQUIREMENTS FOR NEW CONSTRUCTION Iy{of structure(s): ,......,6_,,,i. J.- olp., / Title Minimum Set cks—Front:- Rear: Il)t" Proposed action consistent with Borough Coastal Management Program — No Sides: t) Additional Setbacks: I Maximum projection(s) into required yards: --- Conditions attached to Consistency approval to mitigate conflicts noted above: {\,, Maximum building height: '.5" --`/-Maximum lot coverage: 1 Number and size of parking spaces required: V - 7/ x ,P,0 r S s y% i?i v U Off-street loading requirement: -^ t) ! Plat related requirement(s): 9 1J 4__ vt a 1 )cJ2-415 • -I, ti ,g_„ -f -y ' t -,r tr,„ Other (e.g, zero lot line): �Q� -'l - o 5( 1 6. CONSISTENCY WITH COASTAL MANAGEMENT PROGRAM Applicable policies: /2 f 1 / Title , Date — -- - Proposed action consistent with Borough Coastal Management Program — No ' Proposed action conflicts with policies (note policy and describe conflict): I Building -permit #: Building permit Conditions attached to Consistency approval to mitigate conflicts noted above: {\,, 1 , 7. APPLICANT CERTIFICATION I hearby certify that I will compl This as owner, or represent all provisions of the Kodiak Island Borough Code and that I have the authority to certify e owner of the- roperty(s) involved. Signed Title Date 8. SUPPORT DOCUMENTS ATTACHED 9. BOROUGH S*AFF APPROVAL Staff Approval: Signed / Title , Date — -- - ' 0 c,/...•-( Building -permit #: Building permit 4; tAni L JL ( krfrtm iLi 1-1-e- 5 (:.1-4 0,4-w- • 11 t^ 1 PS Form 3811, Mar. 1987' *U.S.G.P.O. 1967.176266 DOMESTIC RETURN RECEIPT • SENDER: Complete Items. 1. and 2 when additional. services are desired, and complete items 3 and 0. Put your address In the "RETURN TO" Space on the reverse side. Failure to doth s wlf tprevent this card from, being returned to you. The return receipt fee will provide vets the naifo of the person d . r r he . of del . For additional fees the following services ere available. Consult po{tnpester for fees and check' box es for additional servlce(s) requested. 'I 1. 6�,JShow to whom delivered, date, and addressee's addre s. 2. 0 Restricted Delivery, 1(Exiracharge ft t(Extra charge At 3. Article Addressed to: Kurt LeDoux LeDoux & LeDoux 202 Center Street #205 Kodiak, Alaska 99615 4. Article Number P 669 055 332 Type of Service: Registered 0 Certified '❑ 0 Express Mall. insured CODl. Always obtain signature of addressee. or agent and DATE DELIVERED. 5. Signature — Addressee X X Signatu#-- Agent o/ (� z .7. Date of Daiwa 8. Addressee's Address (ONLY if requested and fee pa d) ZlgGl yr�151 by P 669 055 332 RECEIPT FOR CERTIFIED MAIN NO INSURANCE COVERAGE PROVIDER NOT FOR INTERNATIONAL MAIL (See Reverse) Sent to I/ , LWr LT�U Street and No. 1;P-20 1,' Ce -MLA -6-1Q, 46 420S--- P.O.. .O.. State and ZIP Code tC.-. Postage $ Certified Fee Special Delivery Fee Raslncted t1e(ivery Fee Return Receipt showing to whom and Date Delivered Return Receipt showing to whom, Date. and Address of Delivery TOTAL Postage and Fees 5 Postmark or Date 'i161l 8"g Kodiak Island Borough 710 MILL BAY ROAD KODIAK, ALASKA 99615-6340 PHONE (907) 486.5736 Certified Mail - Return Receipt Requested Kurt LeDoux LeDoux and LeDoux 202 Center Street (1205 Kodiak, Alaska 99615 Re: Planning and Zoning Commission Case 87-058 Dear Mr. LeDoux: January 19, 1988 It has come to the attention of the 'Community Development Department that your firm has recently relocated to your new office at 219 Mill Bay Road (Lots 6A through .6C, Block 8, Kodiak Townsite). We learned of this move from your newspaper advertisements and the Business Briefs column in the Kodiak Daily Mirror. As you are aware, the Kodiak Island Borough Planning and Zoning Commission granted a variance on November 18, 1987, to convert the existing single-family residence at 219 Mill Bay Road into a professional office building containing a separate single-family dwelling on the second floor. And as you are also aware from several of our conversations, that use and occupancy of the structure for an office requires zoning compliance from the Kodiak Island Borough and a building permitfrom the City of Kodiak. We have also noted that a fence has been constructed without first obtaining zoning compliance. The; mere granting of a variance does not absolve you from the responsibility of iobtaining all other required permits. Therefore, your use and occupancy of the 'structure located at 219 Mill Bay Road for an .office is in violation of the following provisions of Kodiak Island Borough Code Title 17: 1. 17.03.020 Conformity. with regulations required. 2. 17.03.060 3., 4. 5. Zoning compliance. 17.57.010 Off-street parking required --In general.: 17.57.030 Off-street parking --Location. 17.57.040 Parking area development standards. In order to avoid enforcement action, please contact this office within ten (10) days of -.receipt of this letter to obtain the required zoning compliance and building permits, which will bring your use of the structure at 219 Mill Bay Road Kodiak 1sla.nd Borough kurt LeDoiix LeDoux and LeDoux January 19, 1988 Page Two for an office into conformance with all provisions of the Borough Code. If you fail to respond, this matter will be referred for further enforcement action. Your prompt attention to this matter will be appreciated. Sincerely, Rob erson, AICP, Associate Planner Community Development Department cc: Planning and Zoning Commission John Sullivan, City Building Official Gordon Gould, Community Development Department 1