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LAKESIDE 2ND LT 1C - Code EnforcementM M Kodiak Island Borough Community Development Department 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9363 Fax (907) 486-9396 www.kib.co.kodiak.ak.us June 2, 2008 NOTICE OF VIOLATION: Determination of Unpermitted Junkyard Certified Mail/Retum Receipt Requested Receipt No. 7006 0100 0001 2689 5353 Ref: Lakeside 2nd Addition Lot 1C / 2430 Beaver Lake Dr. Applicable Zoning District: I — Industrial Zoning District Ms. Ruth Wine 96 S. Robinson Rd. Nampa, ID. 83687 Dear Ms. Wine, The Community Development Department has received a written complaint regarding the use of the property described above. A field review of the property described above was conducted on the morning of May 29, 2008. The field review established that the property was continuing to be used in a manner not in compliance with the applicable sections of KIBC Title 17 — Zoning. It is clear that the situation is chronic in nature, and that an immediate determination is justified. The specific violations of Title 17, which have been found as a result of our review and investigation of the complaint, are: 1] KIBC17.03.020 — Conformity with regulations required. 2] KIBC17.03.060 — Zoning Compliance. and 3] KIBC17.24.060 — G — Screening. With authority found in KIBC 17.75.010 [Administrative enforcement action] which reads in part, ... The zoning officer may order... The discontinuation of unlawful uses of land or structures;... Therefore, according to standard policy, a thirty (30) day deadline is now established by administrative decision for you to abate this violation [Junkyard] or demonstrate compliance with the applicable sections of KIBC 17- Zoning cited above. 11Dove\departments\CD\CD-17 Property Files\Lakeside 2nd\Lot 1C16_2_08 N of V.docx Page 1 of 3 Ile 119 In the event that you disagree with this determination, you have certain rights of appeal. Per KIBC 17.90.020 A. A decision of the community development department director is final unless appealed to the commission within ten (10) working days of the mailing of the notice of the decision. B. An appeal is commenced by filing with the community development department a written notice of appeal, specifically stating the reason for the appeal and the relief sought, and payment of the appropriate fee. ($350.00) Upon commencement of an appeal, the decision appealed from is stayed until the decision on appeal becomes final. Failure to comply with the requirements of the Kodiak Island Borough Code may subject the property owner to certain civil penalties. Per KIBC 17.75.030 Penalties and remedies A. A person who violates any provision of this title, an order issued under subsection 17.75.010(A) of this chapter or any term or condition of a conditional use, variance or other entitlement issued under this title, is guilty of a misdemeanor and upon conviction is punishable by a fine of not more than three hundred (300) dollars, in addition to the surcharge required to be imposed under AS 12.55.039. B. C. Each act or condition violating this title, any order issued under subsection 17.75.010(A) of this chapter, or any term or condition of a conditional use, variance, or other entitlement issued under this title, and each day during which the act or condition exists, continues, or is repeated, shall be a separate and distinct violation. Failure to comply with the mandates of this determination within thirty (30) days, (by July 2, 2008), will require that this file be forwarded to the Borough Attorney for further legal action. 11Doveldepartments\CD\CD-17 Property Files\Lakeside 2ndlLot 1C\6_2_08 N of V.doCX Page 2 of 3 Thank -you for your attention to this matter, 4 Martin Lydick, Associate Planner Kodiak Island Borough, Community Development Department mlydick(a�kib.co.kodiak.ak.us (907) 486 - 9361 Cc: Bud Cassidy, Director, Community Development Department Rick Gifford, Borough Manager, Kodiak Island Borough KIB Planning & Zoning Commission Mr. L.L. Russell Complainant File. Lakeside Subd 2nd Addition Lot 1C. Enc: Photos (2 pages) 11Dove\departrnents\CD\CD-17 Property Files\Lakeside 2nd\Lot 1C16_2_08 N of v.docx Page 3 of 3 4111 Lakeside 2nd Lots 1D & 1C Photo date 5/29/08 from Beaver Lake Dr. • M Lakeside 2nd Lots 1C & 1D Photo date 5/29/08 from Von Scheele Way Kodiak Island, Alaska Taxpayer Information 5/29/08 14:49:00 TIC, No,: , , , , , a, A:, 1 1 ,-, Taxpayer, Inq 2, ,-, ,Proper,ty, Last Name,/Company, Name,:, WINE First Name, (s,),:, RUTH Mailing, Address: 96 S. ROBINSON RD City: NAMPA S,ta,te,:, ID ,Z,ip,/Country,:, 83687 Carrier Rou,te,: A44444AWM ,, Format: R R7485020012 Short, Le,g,l, LAKESIDE 2ND LT 1C TIC20 Please enter TIC number and data selection and press desired function F1=Add F2=Change F3=Exit F4=Prompt F7/F8=Scroll F24=More Keys Kodiak Island, Alaska R7485020012 ',1041'N'S'OX,' MT=' Legal Description 6/06/05 15:30:48 Inq AP01190 Street Number Dr Name '2'4'3'0' " " ' 'BEAVER LAKE DR * * * * * Legal Descriptio * * * * * b'AYC'E'S'Ib'E '2r]'D' LT '1'Cr " n " Unit City Zip Code K'O'DIAK (More...) PROP20 Please enter the parcel or account number (or press desired function) F1=Add F2=Change F3=Exit F4=Prompt F7/F8/F17/F18=Scroll F24=More Keys Kodiak Island, R7485020012 705'Orl , bt7AME' Alaska 411110 Real Estate Information 6/06/05 15:05:54 Inq M AP01020 Street Number Dr Name Unit City '243'0' ' ' ' ' ' ' ' ' ' 'BEAVER LAKE DR YC'Ob'IAK Jurisdict• Sch Dist Ar.tivi ty, Functiv.ion Subd Structure: Lot #• Nhhd C'd . Ownership : 7onP Type . Prop, Use Value By Old Parc • 07 Service District 1 KISD 9999 9999 LKSD LAKESIDE 9000 00000 SD1 SERVICE DIST 1 AREA 2 Service District 1 1000 1000 IND INDUSTRIAL VAC C CAMA Mass Appraisal R1453020010 (More...) PR'O'P'2'0' ' 'P'lease enter the parcel or account number (or press desired function) Zip Code '9'9615 ' ' F1=Add F2=Change F3=Exit F4=Prompt F7/F8/F17/F18=Scroll F24=More Keys ER _ 1 �•Zc• p6p Performance erf°rmane Standards tandards O. Screening. Where an industrial u se is adjacent to and within one hundred (100) feet of a residential ueor zone, that industry shall provide screening as approved by the commission. 2)°,-1 f s 1 AA, !PO Box 9024, Kodiak, AK. 99615 Junk Complaint No St Address Legal Descrpt Prop Owner PO Address Tenant Complaint Complainant C Address Findings Action Date Closed 1 90 Property ID ER7485020013 Date Filed 5/28/2008 12470 Beaver Lake Dr Lakeside 2nd Lt 1D ILL Russell PO Tele 'No use permit, doing business as scrap yard." !Nick Troxell 112347 Noch Dr., Kodiak, AK. 99615 Staff C Tele 1 907 487 2133 IRvw Date 5/28/2008 Chronic situation w/o timely voluntary compliance. Field Rvw & photos 5/28/08; expanded scope to include Lot 1C; posted NoVs 6/2/08. Compliance deadline 7/2/08. Lot 1 C, Lakeside 2nd 2430 Beaver Lake Dr. Von Scheele Way ROW Encroachment Lot 10, Lakeside 2nd 2430 Beaver Lake Dr. Von Scheele Way ROW Encroachment