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
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1-1-e- 5 (:.1-4 0,4-w- •
11
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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