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KODIAK TWNST BK 14 LT 1A - Code EnforcementAllan Thielan P.O. Box 329 Kodiak, AK 99615 Kodiak Island Borough Re: Lot 1A, Block 14, Kodiak Townsite (316B Hillcrest St.) Follow-up Letter Dear Mr. Thielan: 710 MILL BAY ROAD KODIAK, ALASKA 99615.6340 September 26, 1994 As per our telephone conversation of September 21, 1994, I am sending a follow up letter to further explain the nature of your fence encroachment onto the adjacent property, Lot 2, Block 14, Kodiak Townsite. In looking at the attached as -built survey, there is 2.1 feet of clear space from the front (south) corner of the house on Lot 2 to your common lot line. Currently, your fence is built up to the front (south) corner of your neighbor's house, and thus constitutes an encroachment violation. From the 2.1 feet of clear space at the front (south) corner of your neighbor's house, the property line extends approximately 12 feet in a northeasterly direction until it meets the edge of the house. From that point, the house extends onto your lot, 1A, by virtue of an encroachment easement recorded in book 66, page 341 of the State Recorder's Office. However, the violation letter sent to you on September 14th only concerns the fence encroachment over the property line, not any dispute regarding the easement. Page 1 of 2 Kodiak Island Borough In addition, as you requested, Linda Freed, Community Development Department Director, will be contacting you to further explain the nature of the side yard setback violation noted in the letter of September 14th. Thank you for cooperation in this matter. If you have any additional questions, feel free to contact me at 486-9361. Sincerely, Tom Bouillion, Associate Planner -Enforcement Community Development Department cc: Linda Freed, Community Development Department Director Complainant enclosure Page 2 of 2 ply L 0. /c ,) 7 /2„1 r\�sS p��lo'Iw�%� SOT/� T C-ortic b /I / e�o� a �_�.M�. YA . -7"h • e( (�s Ce it mcsJ / v e__ sem • s-YLLC�u+/ e � \//�o L0.I cY\ r J�Par/r(` l�� (C / �j�GllT id ieN / VO ca I(0 E c___a_%1 U ane.�'e.icp l a sV, ` / lre t/' (0 at 1 (Y finacna !EEl� SEP s 0 I99 COMMUNITY DEVELO t iNT • DEPARTraENT l ,:43 poi a c. ubL Gofigok MICHAEL KILLEN 12415 RAGWEED ST SAN DIEGO, CA. 92129 619-538-0612 SEPTEMBER 23, 1994 ALLEN THIELAN P.O. BOX 329 KODIAK, AK. 99615 RE:FENCE BETWEEN HOUSES 314 & 316 HILLCREST ST DEAR MR. THIELAN, THIS LETTER CONTAINS A SOLUTION TO "THE FENCE". AS WE DID NOT REACH ANY AGREEMENT THIS SUMMER, WHILE I WAS IN'TOWN, NOW IT HAS TURNED - INTO LONG DISTANCE PROBLEM. HOPEFULLY IT CAN BE RESOLVED BEFORE THE OCTOBER 17 DATE, MENTIONED BY BOROUGH OFFICE. OUR PROBLEM HAS THREE PARTS; 1. WHERE IS THE PROPERTY LINE? AFTER SPEAKING WITH ROY EKLAND, THE SURVEYOR, HE ESTIMATED $200.00 TO PLACE IT. LETS SHARE THIS COST. 2. ONE POST IS 2+ FEET OVER THE PROPERTY LINE, THIS NEEDS TO BE MOVED. LET US SHARE THE EXPENSE AND PLACE IT ON THE COMMON PROPERTY LINE. 3.KILLENS WOULD APPRECIATE ACCESS TO THE SIDE OF THE HOUSE WHERE IT PROJECTS ON THIELAN PROPERTY,(BY 6/10 FT). THIS TO BE ACCOMPLISHED BY PUTTING THE FENCE ON PROPERTY LINE AT THE BOTTOM FRONT CORNER AND PROGRESS UP THE HILL TO POINT WHERE IT IS 18" FROM KILLENS' HOUSE, THEN RUN PARALLEL TO THE BUILDING. IN THIS KILLENS WOULD BE ACCEPTING MR. THIELAN OFFER TO USE THIS 18" STRIP, IN ORDER TO RESOLVE THIS ISSUE. THIS IS TOTALLY SEPARATE FROM THE ENCROACHMENT EASEMENT. THE COST OF THIS FENCE AND MOVING OF DOG SHELTER WOULD BE SHARED. ALLEN, THE. TOTAL OF ALL THIS WILL PROBABLY AROUND $500.00. THE SURVEY COST WILL BE $200.00 OF THAT AMOUNT. ENCLOSED IS DETAILED SKETCH SHOWING THIS IDEA IN PLACE. RESPECTFULLY, MICHAEL KILLEN (p(t Os (0 SU V'se'4 c`"` 00 f 2,i 1_;,Nda _ 10 Pitt if Cat._ cat/ our- - 4 aAno r,_I 1yi1no�Q/a/r, c_i_cLn kis v L© i ckaor is 481, -Elly Allan Thielan P.O. Box 329 Kodiak, AK 99615 Kodiak Island Borough Re: Lot 1, Block 14, Kodiak Townsite (316B Hillcrest St.) Dear Mr. Thielan: 710 MILL BAY ROAD KODIAK, ALASKA 99615-6340 September 14, 1994 As you are aware from our conversation on September 9th, we have receival a complaint regarding an encroachment by your fence onto an adjoining property and the existence of a small structure within the side yard setback on your property. After a site inspection on September 7th and examination of the as -built survey, it appears that your fence is built approximately two feet onto the adjoining property (Lot 1A, Block 14, Kodiak Townsite). In addition. the structure used to shelter your dogs is within the five foot minimum side yard set back for the R2 zoning district. According to Section 17.40.040 of the Kodiak Island Borough Code. minor structural developments, including fences, shall not encroach onto adjoining property unless written approval is obtained from the property owner. If no agreement can be reached, you must remove the fence from the adjoining property. The small structure for your dogs in the side lot needs to be moved at, Least five feet from the property line or reduced to a height of no more than 30 inches in order to be in compliance. Page 1 of 2 Kodiak Island Borough I will check to see if the fence encroachment and small structure side yard set back violations have been resolved in 30 days (October 17, 1994). If compliance is not achieved by that date, further enforcement action will be required. Enclosed is a copy of the as -built -survey showing your common property line and the applicable code sections. If you have any questions, please feel free to contact me at 486-9361. Sincerely, Tom Bouillion, Associate Planner -Enforcement Community Development Department cc: Linda Freed, Community.Development Department Director Complainant Planning & Zoning Commission Joel Bolger, Borough Attorney enclosure Page 2 of 2 1 ()lief / fA baf 07, t h8 53 t3 o' 11,6,3 1 /�tf0 t to .343�rn9 �5U Gip 34O Doe/ P e.a• rf 11 I aqt 0' 153 O 83 vac (oc.' 1 000 P� ;u fbr% S h s y9 ,---4:oFii. afr4jcy:•• •.9 * p * 49Tr1 to g t14 •., 6h_ Roy A. Ecklund :.sem AS - BUILT SURVM. 1 hereby cer ify the 1 have surveyed the 1071,4 81414 P121 5 Z. 107112 8124' P-4es(red... and that the improvements situated there( and do not onrlap or encroach on the pi that no improvements on property lying the premises in question and that Cher sion lines or other visible easements on cated hereon. NO. 16384 .' a`t'../ _Dncd this •.•�J@ Mrri AOFESSIONAI t' ROY A. ECKLUND Registered Land Surveyor Seale: jr"= LO* 1 ttrawn by: 21;. • vvvictk.242c; nett IDat. 7 ISIS .mac Si. S �futi -pi rho cif o. 45(9o 5 38 I@ r.50 r. K0d Elk. ILI @�/ b • .... r::,; District rAn6 3 ENCROACHMENT EASEMENT THE GRANTORS LEON J. FRANCISCO and JUDITH M. FRANCISCO the owners of the property described on Legal Description "A" attached herewith do grant an encroachment easement to JOHN A..FISH and SUSAN R. FISH, husband and wife, whose address is Box 2_421 ,Kodiak, Alaska 99615 for the benefit of the property described on Legal Description "B" attached herewith. The encroachment easement is described on Legal Description 'C" hereby attached and this easement exists as long as the house presently located on the property described in Exhibit "8" exists and is a burden to the property described on Legal Description 'A" for the duration of the existence of that structure. This easement is not personal Detects02 t/. 41 USAN R. STATE OF ALASKA )SS THIRD JUDICIAL DISTRICT THIS IS TO CERTIFY that before me, the undersigned, a Notary Public in and for Alaska, duly commissioned and sworn to as such, personally appeared Leon J. Francinco and Judith N. Fran— cisco known to me and to me known to be the identical individual(s) named in and who acknowledged to :ma that they signed and sealed the same as their free and voluntary act and deed for the uses and purposes herein mentioned . (••.-and eat forth. I 2d,4S2REOF, I have hereunto set my hand and seal this .,A: I., ...l ,19 77 Notary blac in and or Alaska My co ission expires:P=4r : UcS.c ` ,K ASKA )SS :)TRIR(),.AIDICIAL DISTRICT THtg'•IS'TO CERTIFY that before me, the undersigned, a Notary Public in and for Alaska, duly commissioned and sworn to as such, personally appeared John A. Fish and Susan R. Fish known to me and to me known to be the identical individual(s) named in and who acknowledged to me tblt•'bthey signed and sealed the same as their free and ,and deed for the uses and purposes. herein mentioned L. BEN HANCOCK ATTMM[T AT LAW AMICI AN MUIa LOAM NI %MMAL AtUUMIn (wT1„s-frw voltlgtia anq se 18Iii OF, I have hereunto ,e my hand and seal Ati.s .++ a Not`aryfhublic in and for�Alaska commission expires:„am, k4 EXHIBIT "n' to encroachment easement between Leon and Judith F. cisco and John and Susan Fish dated: C 2 -/-.y Part of Lot One (1), Block Fourteen (14), Kodiak Townaite described ass Beginning at the H.N. Corner of Lot One (1), Block Fourteen (14), Kodiak Townsite being corner ,No. 1 of this description, which bears N. 53°37'E., the distance of 125.27' from GLO mounument to Corner No. 7 - of U.S. Survey No. 2537 8; thence running N. 53'37' E., a distance of 72.21 feet to Corner No. 2: thence 5. 30.15' E., a distance of 69.54' to Corner No. 3; thence S. 59'45'E., a distance of 67.97' to Corner No. 41 thence N. 33'45'X., a distance of 61.94' to Corner No. 1, the point of beginning. Portion of Lot 1, Blk. 14, Kodiak TOwnsite Survey U.S. Survey 2537-8 Plat No. 55-2 Described as folloWel Beginning'at the westerly most corner of Lot IA, idential with the northerly most corner of Lot 1, thence S 30' 15' 00' E, 11.57 feet along a line cam= with lots 1 and IA, to THE TRUE POINT OF BEGINNING thence S 54" 51' 54" W, 2.23 feet: thence S 34' 15' 18" E, 31.84 feet to a point on a line =mon with Iota 1 and 1A, thence N 306 15' 00" W, 31.95 feet along said line to THE TRUE POINT Or BEGINNING • Contains: 36 square feet more or leas EXHIBIT "C" to encroachment easement between Leon and Judith Francisco and John and Susan Fish dated: 02 4914 n 0 0 4 o o - isteiiroi.24ccorr " "n:co-Porre*. • 10! 1/4E -CORDING' nOCT Fre 2! 12 141 nt Y7 nitTh tete rss ;edioczar k'- :k,&4. +PG ir ... ';.T i:,w..r,$nf P1.etr}.,t EXHIBIT 'B• to encroachment easement between Leon and Judith Francisco and John and Susan Fish dated, ("Z 1i -F' Lot One A (1-A), Block Fourteen (14), Kodiak Towneite, according to the Survey of Lots One (1), One A (1A) and Two (2), Block Fourteen (14), Kodiak Towneite, prepared by Charles A. Truitt, and as subdivided by Bill Worth April 24, 1954. Chapter 17.40 PROJECTIONS INTO REQUIRED YARDS Sections: 17.40.010-47.40.020 7.40.020 17.40.010 Projections into required setbacks. 17.40.020 Architectural feature projections. 17.40.030 Equipment/outdoor storage and minor structural development projections. 17.40.040 Structural projections. 17.40.010 Projections into required yards. Where setbacks are required, they shall not be less in depth or width than the required minimum dimensions in any part, and they shall be at every point open and unobstructed from the ground to the sky, except as permitted in sections 17.40.020 through 17.40.040. In addition, a minimum of a five (5) foot wide developed' access from the front yard to the rear yard must be maintained through the sideyard on one side of a lot. (Ord. 90-40-0 §2(part), 1992; Ord. 83-71-0 §3, 1983). 17.40.020 Architectural feature projections. A. In residential zoning districts. 1. Awnings, canopies, cornices, building projections cantilevers, window seats, bay windows, and other similar architectural features are only permitted to project into a required front or rear setback and only for a distance not to exceed two (2) feet, provided any adopted Uniform Building Code requirement for separation ofstructures is maintained. 2. Eaves are permitted to project into a required side setback for a distance not to exceed two (2) feet and into a required front or rear setback for a distance not to exceed three (3) feet, provided any adopted Uniform Building Code requirement for separation of structures is maintained. 3. Should a structure employ the use of more than one (1) architectural feature, the total projection shall not exceed the maximum established in 1 and 2 above. 4. An architectural feature projection will not be used to establish a new front setback line on the lot or adjacent lots.In no case may such projection project over a property line. B. In nonresidential zoning districts. • 1. Eaves, awnings, canopies, cornices, building projections, cantilevers, window seats, bay windows, and other similar architectural features are permitted to project into any required setback provided any adopted Uniform Building Code requirement for separation of structures is maintained. 2. An architectural feature projection is permitted to project into a right -of way provided the owner of the property provides written authorization. 3. An architectural feature projection may project over a property line, provided the owner of the property provides written authorization. '"Developed" means clear (i.e. nothing may be in the five (5) foot width, except for structures that promote access), free, and walkable in order to permit emergency personnel access. 17-79 (MB 01/94) Supp. #8 17.40.020--17.40.040 C. Permitted architectural projections shall be identified on the side plan for a permitted structure, either as a note or design feature and will be identified on the zoning compliance permit. (Ord. 90-40-0 §2(part). 17.40.030 Equipment/outdoor storage and minor structural development projections. A. Equipment/outdoor storage and minor structural developments generally. 1. Equipment/outdoor storage. "Equipment/outdoor storage" means items that are customarily.,; subordinate and incidental to the use of the land. Equipment/outdoor storage can be freestanding or attached to a structure. Examples of equipment/outdoor storage that is specifically permitted to project into required setbacks identified in table 1. 2. Minor structural development. "Minor structural development" means those minor appurtenances to development that are customarily subordinate and incidental to land use and structures. Minor structural development does not require a building permit or if less than thirty (30) inches above finished grade. It may include items that can be defined as equipment. Examples of minor structural development that is specifically permitted to project into required setbacks is identified in table 1. B. Projections into setbacks. Equipment/outdoor storage and minor structural development, as identified in table 1, is only permitted to locate within a required setback as long as it does not reduce the number of available required off-street parking spaces. Equipment/outdoor storage and minor structural development shall not encroach onto adjoining property or public rights-of-way unless written approval is obtained frbm the land owner. Zoning compliance is not required for equipment/outdoor storage and minor structural development. (Ord. 90-40-0 §2(part). 17.40.040 Structural projections. A. Projections into setbacks. Structural developments, as identified in table 1, are permitted to project into required setbacks subject to the following conditions: 1. Outside stairways, decks and parking ramps , if unroofed' and unenclosed, may project in a required side setback, if they provide access' to the rear yard; provided any adopted Uniform Building Code requirement for separation of structures is maintained. 2. In no case may such a projections (with the exception of parking ramps, which are permitted to project into rights-of-way) project over a property line in a residential zoning district. A structural projection into a required setback is permitted to project into a right-of- way and to project over a property line in a non-residential zoning district, provided the owner of the property provides written authorization. 3. No structural projection may reduce the number of available required off-street parking spaces; and 4. Enclosed entries on to existing non -conforming structures, which are non -conforming due to encroachment into the standard front setback, subject to the following limitations: a. the enclosed entry cannot reduce any required parking; b. the enclosed entry cannot exceed twenty-five percent (25%) of the face of the building to which it will be attached; 'does not include the eaves of the main structure 9a minimum of 36" in width 17-80 (KIB 01/94) Supp. #8 17.40.040 c. the enclosed entry cannot encroach more than six (6) feet into a required front or rear setback and shall not be closer than five (5) feet to the front or rear property line. Enclosed entries shall not encroach into any side setback; and d. the enclosed entry will not be used to establish a new front setback line on the lot or on adjacent lots, B. Site plan review: Permitted structural projections into required setbacks shall be identified on a site plan and require zoning compliance. (Ord. 90-40-0 §2(part), 1992). 17-81 (KIB 01/94) Supp. #8 TABLE 1 PROJECTIONS INTO REQUIRED SETBACKS x = PERMITTED . o = NOT PERMITTED c = CONDITIONAL EQUIPMENT/ OUTDOOR STORAGE MINOR STRUCTURAL DEVEL. STRUCTURES EXAMPLES FRONT REAR SIDE FRONT REAR SIDE FRONT REAR SIDE DatbIaue o x o Firewood o x o Fishing Carl o x o Flagpoles 1 x o _ - Mall Boxes x x x Play Equipment x x 0 Satellite Dishes o x o Storage tanks (budedi x x x Swage tanks labove graunill o x o Vehicles x x c Other similar Items t x Accessory Buildings 0 1f o Benches x x . Boardwalks/sidewalks x x x Decks x x x pocks x x x Fences x x x Outside stairs - i x x x Other similar Items c x c Outside stairways x __ x x Enclosed entries x c c Pocks x x x Parkinglamps x x x Other similar items c x c Where permitted by zoning district regulations "Dock" means a minor structural development. less than thirty 1903 inches above mean high water. exclusive of handrails and seats traditionally associated with the use Ma water body for recreational purposes and the tie -down of float planes.