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LAKESIDE 2ND LT 1D - Code EnforcementCompl_aint.No qt Address' Legal Descrpt Prop. Owner PO Address - Tenant - - Complaint.., 90 Propetty.ID' R7485020013 Date Filed 5/28/20081 - 2470 Beaver Lake Dr 'Lakeside 2nd Lt 1D 'LL Russell 'PO Box 9024, Kodiak, AK. 99615 PO Tele' Munk '"No use permit, doing business as scrap yard." Findings, Action. Date Closed Staff Rvw Date_' "T'' 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. Complaint;Not;;. St Address Legal'Descrpt Prop,Owner PO Address Tenant Complafr5t. •; -; Complainant C Address Findings Action Date Closed: 90 Properly ID, it 1_2470 Beaver Lake Dr IR7485020013 Date Filed 5/28/20081 (Lakeside 2nd Lt 1D L Russell PO Tele .=`.. IPO Box 9024, Kodiak, AK. 99615 Junk F { "No use permit, doing business as scrap yard." 'Nick Troxell C•Tele- - + j 1 907 487 2133 112347 Noch Dr. Kodiak AK, 99615 Staff - Rvw Date 5/28/2008 P Lakeside 2nd Lots 1D & 1C Photo date 5/29/08 from Beaver Lake Dr. Lakeside 2nd Lots 1C & 1D Photo date 5/29/08 from Von Scheele Way Kodiak Island Borough Community Development Department Zoning Violation Complaint Form I wish to report an alleged violation of the Borough's zoning regulations. I understand that this complaint will be investigated within 7 days of its receipt, and that I will be notified of any subsequent action taken regarding the investigation. Legal Description of Property Where Violation is Occurring: d,./rde.m Lele a atc/ arc) 11) Street Address 2.47t I:szetA-rt1l..oiko..212 Zoning : r Property Owner of Above Property i Tenant of Above Property (Name & Mailing Address) (If Applicable) Telephone: Telephone Complaint: (Must specifically state the nature, circumstances &/or reason for the c mplaint, and the relief sougt.) A9cepting Complaint: -Date ZS -6 ZS -6" 4 � CE E MAY 2 8 2008 P ENT DEPARTME COMMIJNITY DEVE Kodiak Island Borough :: Serving the people of Kodiak Island and the surrounding area Page 1 of 1 Kodiak Island Borough Serving the people of Kodiak Island and the surrounding area Home, Search Again Property ID R7485020013 Last Name RUSSELL First Name LESTER L Legal Description LAKESIDE 2ND LT 11D Street Address 2470 BEAVER LAKE DR Tax Code Area 7 School District KISD Exempt Code Zoning Type IND Property Use ACC Mailing Address PO BOX 9024 KODIAK, AK 99615 Land Value 60000 Misc Value _ 0 Building Value 15000 Total Value($) 75000 This information is current as of July 2006 View this property on a map Copyright 2003 - Kodiak Island Borough http://real.kodiakak.us/property.php?propnum=87485020013 5/28/2008 Sections: 17.24.005 17.24.010 17.24.020 17.24.030 17.24.040 17.24.050 17.24.060 Chapter 17.24 I -INDUSTRIAL DISTRICT Description and intent. Permitted uses. Conditional uses. Lot requirements. Yards. Building height limit. Performance standards. 17.24.005--17.24.010 17.24.005 Description and intent. The I -Industrial Zoning District is established as a district in which the principal use of the land is for business, manufacturing, processing, fabricating, repair, assembly, storage, wholesaling, and distributing operations, which may create some nuisance, but which are not properly associated nor compatible with residential land uses. For the industrial zone, in promoting the general purpose of this title, the specific intentions of this chapter are: A. To encourage the construction of and the continued use of the land for business and industrial purposes; B. To prohibit all residential uses of the land not associated with industries and any other land use which would substantially interfere with the development, continuation or expansion of industry in the zone; C. To concentrate the industrial and business uses within designated areas to protect residential districts from noxious or noisy operations; and D. To encourage the discontinuance of existing uses that would not be permitted as new uses under the provisions of this chapter. (Ord. 81-40-0 ' 2(part), 1981). 17.24.010 Permitted uses. The following uses of the land are permitted in the industrial district: A. All uses permitted in B -Business District, except residential; B. Aircraft, automobile and truck assembly or remodeling; C. Asphalt batch and mixing plant, manufacturing or refining; D. Assembly of music and vending machines; E. Auction business; F. Beverage manufacturing; G. Boat building, repair and storage; H. Cabinet shops; I. Concrete mixing batch plants; J. Coal storage yards; K. Dwelling units for a watchman or caretaker on the premises; 17-59 (KIB 03/96) Supp. #I4 17.24.010--17.24.030 L. Dyeing plants; M. Gravel or sand extraction; N. Junkyards, wrecking, salvage or scrap metal operations; 0. Lumber mills and sawmills; P. Lumberyard, building material manufacture or sales; Q. Machine or blacksmith shops; R. Manufacturing, servicing or repair of light consumer goods, such as appliances, batteries, furniture, and garments; S. Metal working or welding shops; T. Motor freight terminals; U. Outdoor storage; V. Paint shops; W. Public uses; X. Rock crushers; Y. Seafood processing establishments and their dormitories; Z. Sewage treatment plants; AA. Slaughterhouses; BB. Steel fabrication shops or yards; CC. Vehicle impound lots; DD. Vocational or trade schools; EE. Utility installations; and FF. Warehousing within an enclosed structure. (Ord. 92-13 ' 7, 1992; Ord. 81-40-0 ' 2(part), 1981). 17.24.020 Conditional uses. The following uses may be permitted by obtaining a conditional use permit in accordance with the provisions of chapter 17.67 of this title: A. Acetylene gas manufacture or storage; B. Ammonia, bleaching powder or chlorine manufacture; C. Cement, concrete, lime and plaster manufacture; D. Chemical bulk storage and sales; E. Garbage disposal sites, dumps and sanitary landfills; and F. Petroleum or flammable liquid production, refming or storage. (Ord. 81-40-0 ' 2(part), 1981). 17.24.030 Lot requirements. A. Lot area. The minimum lot area required is twenty thousand (20,000) square feet B. Lot width. The minimum lot width required is seventy-five (75) feet. (Ord. 81-40-0 ' 2(part), 1981). 17-60 (KIB 10/98) Supp. #22 17.24.040--17.24.060 17.24.040 Yards. A. Front yards. 1. there shall be a front yard of not Tess than thirty (30) feet. 2. the front yard, when facing a state highway, shall be not less than fifty (50) feet. B. Side yards. 1. there shall be a side yard on each side of a principal building of not less than twenty (20) feet, except that approved fire wall installations between adjoining structures provides for construction on the lot line. C. Rear yards. 1. there shall be a rear yard of not less than twenty (20) feet, except that approved fire wall installations between adjoining structures provides for construction on the lot line. D. Exemptions. Waterfront industries are exempt from the requirements of this section. (Ord. 81-40-0 ' 2(part), 1981). 17.24.050 Building height limit. The maximum height of a structure is unrestricted, except that no structure shall interfere with Federal Aviation Administration regulations on airport approach; and provided further, that within fifty (50) feet of any residential district boundary, no portion of any structure shall exceed the height limitations of the residential district. (Ord. 81-40-0 2(part), 1981). 17.24.060 Performance standards. All permitted and conditional uses shall comply with the performance standards listed, where applicable, in this section. A. Noise. The noise emanating from a premises used for industrial activities shall be muffled so as to not become objectionable due to intermittent beat, frequency, or shrillness; and where a use adjoins a residential district, the noise loudness measured at the boundary line shall not exceed ninety (90) decibels. B. Lighting. Any lighting shall not be used in a manner which produces glare on public highways and neighboring property. Arc welding, acetylene torch cutting and similar processes shall be performed so as not to be seen outside the property. C. Fire and safety hazards. The storage and handling of inflammable liquids, liquefied petroleum, gases and explosives shall comply with the fire prevention code and all other applicable laws and regulations. Enameling and paint spraying operations shall be permitted when incidental to the principal use and when such operations are contained within a building of two-hour fire -resistive construction. Bulk storage of inflammable liquids below ground shall be permitted if the tank is located no closer to the property line than the greater dimension (diameter, length or height) of the tank. D. Odor. Uses causing the emission of obnoxious odors of any kind and the emission of any toxic or corrosive fumes or gases are prohibited. E. Dust and smoke. Dust and smoke created by industrial operations shall not be exhausted into the air in such a manner as to create a nuisance. 17-61 (KIB 10/98) Supp. #22 17.24.060 F. Open storage. Any storage shall not be located closer than twenty-five (25) feet to any street right-of-way. Any storage shall be enclosed with a fence acceptable to the commission. Whenever lumber, coal or other combustible material is stored, a roadway shall be provided, graded and maintained from the street to the rear of the property to permit free access for fire trucks at any time. G. Screening. Where an industrial use is adjacent to and within one hundred (100) feet of a residential use or zone, that industry shall provide screening as approved by the commission. (Ord. 81-40-0 ' 2(part), 1981). 17-62 (KIB 10/98) Supp. #22 7.06.335--17.06.420 17.06.335 Industry. "Industry" means the manufacture, storage, extraction, fabrication, processing, reduction, destruction, conversion, or wholesaling of any article, substance, or commodity, or any treatment which changes the form, character, or appearance of a resource material or previously manufactured item. (Ord. 81-40-0 ' 1(part), 1981). 17.06.340 Junk yard. "Junk yard" means any space one hundred (100) square feet or more of any lot or parcel of land used for the storage, keeping or abandonment of junk or waste material including scrap metals or other scrap materials, or for the dismantling, demolition, or abandonment of automobiles, other vehicles, machinery or any parts thereof. (Prior code Ch. 5 subch. 2 ' 9B(part)). 17.06.350 Loading space. "Loading space" means an off-street space or berth on the same lot with a building or structure to be used for the temporary parking of commercial vehicles while loading or unloading merchandise or materials. (Prior code Ch. 5 subch. 2 ' 9B(part)). 17.06.355 Lodge. "Lodge" means a building or group of buildings containing both rooms and dwelling units available for temporary rental to transient individuals or families. The types of activities supported by a lodge may include, but are not limited to, fishing, hunting, wildlife photography, and viewing, and passive recreational activities. (Ord. 93-66 ' 3, 1993). 17.06.360 Lot. "Lot" means a parcel or land occupied or to be occupied by a use, building or unit group of buildings, and accessory buildings and uses, together with such yards, open spaces, lot widths, and lot area as are required by this title and having frontage on a public street. (Prior code Ch. 5 subch. 2 ' 9B(part)). 17.06.370 Lot, corner. "Corner lot" means a lot situated at the junction of, and bordering on, two (2) intersecting streets. (Prior code Ch. 5 subch. 2 ' 9B(part)). 17.06.380 Lot depth. "Lot depth" means the mean horizontal distance separating the side lot lines of a lot and at right angles to its width. (Prior code Ch. 5 subch. 2 ' 9B(part)). 17.06.390 Lot line, front—Corner lot. A "front lot line" of a corner lot means the shortest street line of a corner lot. (Prior code Ch. 5 subch. 2 ' 9B(part)). 17.06.400 Lot line, front—Interior lot. A "front lot line" of an interior lot means a line separating the lot from the street. (Prior code Ch. 5 subch. 2 ' 9B(part)). 17.06.410 Lot line, rear. "Rear lot line" means a line that is opposite and most distant from the front lot line, and in the case of irregular, triangular or gore shaped lot, a line not less than ten (10) feet in length, within a lot, parallel to and at the maximum distance from the front lot line. (Prior code Ch. 5 subch. 2 ' 9B(part)). 17.06.400--17.06.455 17.06.420 Lot line, side. "Side lot line" means any lot boundary line not a front lot line or a rear lot line. (Prior code Ch. 5 subch. 2 ' 9B(part)). 17-17 (KIB 06/01) Supp. #32 17.06.010--17.06.050 17.06.010 General interpretation. A. "Lot" includes the words "plot" and "parcel". B. "Shall" is always mandatory. C. "Used" or "occupied", as applied to any land or building, includes the words "intended, arranged, or designed to be used or occupied." (Prior code Ch. 5 subch. 2 '9A). 17.06.011 Agricultural activities. "Agricultural activities" means the production, keeping, or maintenance, for sale, lease, or personal use, of plants and animals useful to people. (Ord. 93-66 ' 3, 1993). 17.06.012 Airport, municipal. "Municipal airport" means the City of Kodiak Municipal Airport and Lilly Lake. (Ord. 87-09-0 ' 3, 1987). 17.06.014 Airport, utility. "Utility airport" is any airport in the borough designed and/or constructed to serve aircraft in approach category A (speed less than ninety-one (91) knots). (Ord. 87-09-0 ' 5, 1987). 17.06.016 Airport elevation. "Airport elevation" is the established elevation of the highest point of the usable landing area. (Ord. 87-09-0 ' 5, 1987). 17.06.020 Alley. "AIIey" means a public way designed and intended to provide only a secondary means of access to any property abutting thereon. (Prior code Ch. 5 subch. 2 ' 9B(part)). 17.06.030 Alteration. "Alteration" means any change, addition, or modification in the construction, location, or use classification. (Prior code Ch. 5 subch. 2 ' 9B(part)). 17.06.040 Apartment house. For "apartment house," see "Dwelling, multiple -family," section 17.06.190 of this chapter. (Prior code Ch. 5 subch. 2 ' 9B(part)). 17.06.045 Approach surface. "Approach surface" means an approach surface longitudinally centered on the extended runway centerline and extending outward and upward from each end of a runway. The inner edge of the approach surface is the same width as the runway and it expands uniformly to a width of one thousand five hundred (1,500) feet of each end of the runway. The approach surface extends for a horizontal distance of five thousand (5,000) feet at a slope of twenty to one (20 to 1). No building or structure may be constructed or erected nor may any other object be stored or placed in such a manner as to protrude into the approach surfaces. A. The approach surfaces for the municipal airport extend upward and outward from the south end of the existing lake surface (towards Larch Street) and the north end of the gravel runway (Von Scheele Way) only. (Ord. 87-09-0 ' 6, 1987). 17.06.050 Automobile wrecking. "Automobile wrecking" means the dismantling of used motor vehicles or trailers or the storage or sale of parts from dismantled or partially dismantled, obsolete, or wrecked vehicles. (Prior code Ch. 5 subch. 2 '9B(part)). I7-12 (KIB 10/98) Supp. #22 17.36.060--17.36.090 17.36.060 Parking. A. A nonconforming residential structure may be enlarged or expanded without requiring additional parking under chapter 17.57 of this title, as long as the number of dwelling units in the structure is not increased. B. A nonconforming non-residential structure may be changed to another legal use without requiring additional parking under chapter 17.57 of this title as long as the new use of the structure requires no more parking spaces than the previous non -conforming use. (Repealed and re-enacted by Ord. 97-09 ' 2(part), 1997; Ord. 82-45-0 ' 1(part), 1982). 17.36.070 Prior Construction. Nothing in this chapter requires a change in the plans, construction, or designated use of any building on which actual construction was legally begun prior to the effective date of adoption or amendment of the ordinances codified in this title and upon which actual building construction has been diligently carried on. (Repealed and re-enacted by Ord. 97-09 ' 2(part), 1997; Ord. 86-18-0 ' 3, 1986; Ord 82-45-0 '1(part), 1982). 17.36.080 Exception—Junkyards. Junkyards, as defined in chapter 17.06 of this title, located in any district other than an I -Industrial district, are a public nuisance and are not entitled to the protective provisions of this chapter. (Repealed and re-enacted by Ord. 97-09 '2(part), 1997; Ord, 82-45-0 ' 1(part), 1982). 17.36.090 Exceptions. When a lot, structure, or use was authorized by the provisions of former chapter 17.65 of this title concerning an application for an exception, but which does not meet the current requirements of this title, it shall be considered to have "nonconforming" status and be permitted to continue within the limits set forth in this chapter. (Repealed and re-enacted by Ord. 97-09 ' 2(part), 1997; Ord. 92-17 ' 7, 1992). 17-80 (KIB 09/97) Supp. #18 .5 SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1, 2, 3. Also complete Rem 4 i1 Restricted Delivery is, desired, • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the backofthe.mallplece, or on the front if space permits. d Mr. L.L. Russell PO Box 9024 Kodiak AK 99615 Date,o D=1r dress d YES enter delivery address below: 0 No 3. Service Type %,Certified Mail 0 Express Mail ❑ Registered la Return Receipt: for Merchandise ❑ Insured Mall ❑ O.O.D. 4. RestrictedDelivery? e) 0 Yes PS Form 3811,-February2004 Domestic Return Receipt 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 NOTICE OF VIOLATION: Determination of Unpermitted Junkyard Certified Mail/Retum Receipt Requested Receipt No. 7006 0100 0001 2689 5346 Ref: Lakeside 2nd Addition Lot 1D / 2470 Beaver Lake D Applicable Zoning District: I — Industrial Zoning District Mr. L.L. Russell Post Office Box 9024 Kodiak, AK 99615 Dear Mr. Russell, June 2, 2008 The Community Development Department has received a written complaint regarding the use of the property described above ;,l„A field review of the property.descnbed above was conducted on the morning of Kray 29,x2008. The, field review established that the property was continuing to be used in a manner n tin compliance with the applicable sections of KIBC Title 17 — Zoning. '19I]Ij�) IiQ" Despite our best efforts in /----c-,h past t'o. k with I op towards voluntary compliance, it is clear that the situation is, chronic in nature, and thathIanfiimmediate determination is justified. l \ ; ;' The specific violations oflTitle 17, which have been found as a result of our review and investigation�ofthelicomplaint,are: 1, b \ \ i1 1] KIBG17 03 020 — Conformity with regulations required. 2] KIBC17.03.060 — Zoning Campliance;�'' and �,��iq ^,--....1-,: 3] KIBiC1.7.24.060 iili — G — Screening. With authontyfound in KIBC 17.715.010 [Administrative enforcement action] which reads in part, ... TheUzoning officer may,, order...The discontinuation of unlawful uses of land or structures;... Eal ] , !„idiiip !4 �a�r1;;�i� 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. %Doveldepartrnenls1CDICD-17 Properly Flles\Lekeskle 2nato11D16_2_08 N of V.dOCx Page 1 of 3 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 ofthe mailing of the notice of the decision. rte' B. An appeal is commenced by filing with the community development department a written notice of appeal, specifically;stating th\e\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 oft eilKoOiak Island BoroughCCode may subject the property owner to certain civil penalties. 14103.9 17.75.030 Penalties and remedies ,fli���liy� 4y A. A person who violates any provision ofthis title, an order issued%under subsection 17.75.010(A) of this_chapter or anyryterm or condition of a conditional use, variance or other,en`titlement issued un'dathis title, is guilty of a misdemeanor and up6n conviction,is punishable�ibya fine of not more than three hundred (300) dollars, in addition to the surcharge required to be imposed under AS 12.55.039. (\ B. ... __€ \ .t C. Eackact or condition violating this title, any order issued under subsection 17.75.O10(A) of this chapfer, orany term oricondition of a conditional use, variance, or other entitlement�issued-under'this title, and each day during which the act or, condition exists, contmuesror is repeated, shall be a separate and distinct\violation. \, \. 1 Failure to comply. with. the mandates of this determination within thirty (30) days, (by July 2, 2008), wit! tequirr&that:th`iis file be forwarded to the Borough Attorney for further legal action. \\Dove\departments\CD\CD-17 Property Files \Lakeside 2nd\Lot 1D \6_2 08 N of V.dOCX Page 2 of 3 Thank -you for your attention to this matter, Martin Lydick, Associate Planner Kodiak Island Borough, Community Devel,oprnpnt Departmen . mlydick(o�kib.co.kodiak.ak.us (907+1486 J3.61��IIr�, Cc: Bud Cassidy, Director, Communiij Oevelopne t Department Rick Gifford, Borough Manager Kodiak,ls "Thorough Ng, 4 KIB Planning & Zoning -Commission ~.4 Ms. R. Wine Complainant File. Lakeside Subd 2nd Addition Lot1D. Enc: Photos (fpages) 1\Dove \departments\CD\CD-17 Property Files \Lakeside 2nd\Lot 11316 2_08 N of V.dOCX Page 3 of 3 Lakeside 2nd Lots 1D & 1C Photo date 5/29/08 from Beaver Lake Dr. Lakeside 2nd Lots 1C & 1D Photo date 5/29/08 from Von Scheele Way Ji Kodiak Island, Alaska TIG NIA:, , . , , . 85,2,1, Last, ,N,ap e,/,C,oxnpany, Name:, RUSSELL Taxpayer Information 5/29/08 14:49:40 First, Nap\e,C ),:, LESTER L Nailing, address,:, PO BOX 9024 Taxpayer, ,-, ,P,roperty City:, KODIAK ,State:, AK Z,ip,/Country,:, 99615 Carrier Format: R R7485020013 Short Legl, LAKESIDE 2ND LT 1D 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 Real Estate Information 3/06/07 16:21:38 AP01020 87485020013 Inq RUSSELL, LESTER L Street, ,N,umb,er. pr, Name, Unit ,C,ity, 2470 SEAVER LAKE DR KODIAK Code, 99615 Jurisdict: 07 Service District 1 Sch Dist : KISD Activity : 9999 Function • 9999 Subdiv. : LKS2 LAKESIDE 2ND Structure: 9000 Lot # : 00000 Nbhd Cd. : SD1 SERVICE DIST 1 AREA Sale Zone: 2 Service District 1 Site ; 1000 Ownership: 1000 Zone Type: IND INDUSTRIAL Prop Use : ACC Value By : C CAMA Mass Antraisa1 Old Par • R1453020010 (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 1?fricie a- 1 i 1 A6,rce, C 447- /1-4.10 44 er-7tx _Eter-__N__,efzf__-_-ij 1 o_r_r_i: IA: rizoxi 7- 0 fi ,y 70 e e -r4-11 7— -17/1-44 ?-2.42- or 40.00ac-A: LE -17--itf" op zEtiagai-- lr Klif-Ai rel 1L leEdir 6. a) E., e At:ir tf /9r.v w 5.11 I 0 -,w' .71 -SW Ca_ 0 ivtim ex oF C Af-f e7.1) -nye, ac / Lo / %45t F -c14-4-71 1/4-C C1— 1--"inljt7-.16-05: _4.517200.2--) ie op q COMMUNITY DEVELOPMENT DEPARTMENT .5 SENDER: COMPLETE T IS SECTION • Complete Nernst, 2, 1/4„../3. Also complete item 4 if Restricted Delivery is,desiredi s Print your name and address =the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or an the front if space permits. o: kis Eitsse(l /9O gox 90,w 996315 COMPLETE THIS SECTION ON DEL1VERY- A Slgpatu B. Received by (Pnn -d N Wit DaTa-df D. Is delivery adtli'dlffemnt (t YES, enter delivery addn 3. Servs pe rtifled'Mail "registered 0 Insured Mail 0 Express Mail ayRotum Receipt for Merchandise 0 C.O.D. 4. Res Deily 0 Yes 2. Article Number I (Transfer Ovm service iabJ 7005 0390 0004 1205 7849 P5 Form 38 m N tl7 0 ust 200 c Retbm R U.S. Postal Servicers ERTIFIED MAILm RECEIPT esti° Mall Only; No Insurance Coverage Provi4 For delivery information visit our website at Postage Certified Fee 0 Return Receipt (EndorsementRequhedi 0 Restricted Delivery Fes (Endorsement Required) m 0 LI) 0 N Total Postage & Foos 102595-024A-1540 .usps.come 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 October 4, 2005 NOTICE OF VIOLATION: Determination of Unpermitted Junkyard Certified Mail/Retum Receipt Requested Receipt No. 7005 0390 0004 1205 7849 Ref: Lakeside 2nd Addition Lot 10 / 2470 Beaver Lake Dr. Applicable Zoning District: I — Industrial Zoning District Mr. L.L. Russell Post Office Box 9024 Kodiak, AK 99615 Dear Mr. Russell, A field review of the property described above was conducted on the afternoon October 3, 2005 -a -a «follow-up to the Letterof°Courtesy andAdviso y mailed:to•you on September`9; 2005. The purpose'of that-correspondence-was..to'advise you of the` zoning district standards regarding the establishment of a junkyard, and tosrequestthat you review the conduct of activities located there?inorder to ensure compliance:w ith the applicable sections of KIBC Title 17 — Zoning, The field review established that the property wascontinuing-tube used in a manner not incompliance with`the applicable sections-of'KIBC_Title 17 —Zoning. Theapecific violations of Title17, which;have beeh found as a result of our initial review and investigation- of the original,coimplaint, 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. N:ICD1Enforcemenl\Property Files1Complaints120061Lakeside 2nd Lot 1DWoV,doc Page 1 of 3 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 communitydevelopment department a written notice of appeal, specifically stating the reason for the appeal and the relief sought, and payment of the appropriate fee. ($250.00) 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.- :" N �--- ...` f A�: /A person who violates/any provisionof this4title, an orderissued,Kunder ,'` %subsection 17.75:n10(Afof this chapter.or any term or condition of a conditional,/ :use, variance or other entitlement issued undeYthis title is guilty of a , ,, misdemeanor and uponiconviction is punishable by;aTf fi oftnot more than three Uhundred (300) dollars\4ir addition to theisurcharge required to be imposediunder \AS 12.55.039.Th • 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 November 4, 2005), will require that this file be forwarded to the Borough Attorney for further legal action. N:\CD\Enforcement\Property Files \Complaints\2006\Lakeside 2nd Lot 1D NoV.doc Page 2 of 3 Thank -you for your attention to this matter, Martin Lydick, Associate Planner Kodiak Island Borough, Community Development Department mIydick(o�kib.co.kodiak.ak.us (907) 486 - 9361 Cc:. Mary-Myers\Ogle, AICD;=Director, Community:D'e`velopment Department /Rick Gifford;; BorougneManager, Kodiak Island Borough`: ,' KIB Planning & Zoning Commission File. Lakeside Stbd 2nd Addition Lot 4D. N:ICDIEnforeement1Property FileslComplaintsM20061Lakeside 2nd Lot 1D1NoV.doc Page 3 of 3 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 September 9, 2005 Letter of Courtesy & Advisory via Regular Mail Reference: Lakeside 2nd Addition Lot 1D / 2470 Beaver Lake Dr. Mr. L.L. Russell Post Office Box 9024 Kodiak, AK 99615 Dear Mr. Russell, This correspondence is directed to you as a courtesy notice and advisory. The Community Development Department has received a written complaint (copy enclosed) -regarding the use ofthe-property described-above.`The complaint also questions -the -activities taking place -op, and abutting,lhe_prop; rty described above! A field review hasrestabished that the property is, being utilizedias a Junkyard (photo enclosed) —defined in Kodiak Island Borough Code 17.06.340 as `t { I' I f \ I r f `„, Junk yard" means any space one hundred (100) square-feetvor more ofianylot or it parcel of land used for the storage, keeping or1abandonment of junk or waste ,material includin`g-scrap metals or other• scrap materials, or for the dismantling, 'demolition, or,abandoriment of automobiles, other vehicles, machinery or'any parts`thereof. O z. Any use (Junkyard) of the property is subject to several sections of the Kodiak Island Borough Code, among which are; 17.03.020 Conformity with regulations required. No building, part of a building, or any land shall be used, occupied, erected, moved, or altered unless in conformity with the provisions of this title for the district in which the building or land is located. 17.03.060 Zoning compliance. Zoning compliance is required for site grading (excavation and fill), erection, construction, establishment, moving, alteration, enlargement, repair, or conversion of any building or structure in any district established by this title, subject to the following: N:\CD\EnforcementlProperty Files \Complaints\20061Lakeside 2nd Lot 1 D\Courtesy Lttr.doc9/9/2005 Page 1 of 2 The property described above does not have the required zoning compliance permit on file, and does not comply with the performance standards applicable to the zoning district, i.e., I — Industrial Zoning District. Specifically, Kodiak Island Borough Code 17.24.060 Performance standards — G, which reads: G. Screening. Where an industrial use is adjacent to and within one hundred (100) feet of a residential use or zone, that industry shall provide screening as approved by the commission. Incremental changes over the years may have unwittingly resulted in the current unpermitted use of the property. Borough Code places the burden of complying with all of the provisions of Title 17 - Zoning squarely on the shoulders of the property owner. It is the responsibility of the property owner to ensure that any tenancy is likewise in compliance. The location of your property at 2470 Beaver Lake Dr. assures a high level of public interest in the use of, and activities occurring on and near, the property. Please act without delay in order to ensure that the use of the property is properly permitted. Failure to act, within twenty (20) days of the date of this correspondence, may result in the issuance of4formal Notice ofViolation, with u possible -legal conseqences. .*1 y \ . Youf recognition\of,and attention to, these�requirenients ofthe Kodiak, Island Borough Co/de''are appreciated. i l / / pP r s ( Thank you, i� ii ! I, Martin Lydick, Associate Planner Kodiak Island Borough, Community Development Department mivdicktkib.co.kodiak.ak.us (907) 486 - 9361 Cc: Mary Myers Ogle, AICP, Director, Community Development Department Rick Gifford, Borough Manager, Kodiak Island Borough KIB Planning & Zoning Commission Complainant File. N:\CD1Enforcement\Property Files\Complaints\2006\Lakeside 2nd Lot 1D\Courtesy Lttr.doc9/9/2005 Page 2 of 2 Complaint'No Property ID R7485020013 9/6/2005 Legal Descrpt 2470 Beaver Lake Dr. Lakeside 2nd Add Lot 1D Russell, L.L. PO Address-' P.O. Box 9024 Kodiak AK 99615 Unsightly, ill -maintained junkyard. Wrecks & junk being stored in public ROW, impeding traffic and attracting children to play & subjecting them to potential harm. Rvw'd complaint @ front counter; field visit & documented w/ photos. Established unpermitted use as a junkyard, counted 20 vehicles & misc junk stored in public ROW. Began in -office discussions w/ Russell re: situation & began bi-lateral formulation of voluntary plan to bring property & use into compliance. Gave Russell "I - Industrial Zoning District" regulations & zc permit applications for both Lots 1D & 1 C. swab -* ti� a a. k '`s `+o► 1..440 • r.+►" • -+* ti• :yam . _ Kodiak Island Borough Community Development Department Zoning Violation Complaint Form I wish to report an alleged violation of the Borough's zoning regulations. I understand that this complaint will be investigated within 7 days of its receipt, and that I will be notified of any subsequent action taken regarding the investigation. Legal Description of Property Where Violation is Occurring: 11-5.944 Pc LI3167 A.tcsioPa+aoicis/DV /4.arv/nae Lor Lb Street Address 291 OQ/dE Zoning : Property Owner of Above Property (Name & Mailing Address) ZEE £ussELC Tenant of Above Property (If Applicable) PRT"- r400//fix 7-02e1rC/an/ /3d/ RD. Telephone: 4/06-a71046f9£B6-0476 Telephone '1/43-/oO� Complaint: (Must speciically state the nature, circumstances &/or reason for the complaint, and the relief sought.) A944/60V&r) tW4'(C LES iN ,e040424 y Io To,ee waagd frac etc sss eint A-JNN€,u,44/C— ,. — an./697' 7 0 -ea v, &5 /s,uay4141/447 (//60) Gu4,V46ciS doe „ca./Jeep/is-cc ©s sus sArre 5' ,a4z4Q,) Kae 4 -#/e -40,S7/ ,' 71-o u.c-.cs - 4-aesE' aT/G/2l.UG W./Mt flO GeW,575724A/T1)/ AA,e,c;»'4 Dlv&42 f 4ea/,(/G A640 Acts _ S To o7` /K€ Aeon tr/Ss Complainant (Print Name & Mailing Address): cceptinI int: Date 9/0 1iCE�W[[a 1 SEP - 6 2005 COMMUNITY DEVELOPMENT DE.PARTL' ' . Lot 1 D, Lakeside Subd. 2nd Add. 2470 Beaver Lake Dr. Kodiak Island, Alaska R748'5020013 'OrOf1NsbM,' MAIM ' ' ' Legal Description 6/06/05 15:31:02 AP01190 Inq Street NumberDr Name Unit Cit yy Zip Code '2'4'7'0' , ' b$'AVER LAKE DR ' ' XOb2'AK '9'9615 * * * * * Legal Desrription t'AnSibt '2I'ID' 7,'P' 'lb' * * * * * (More...) PROP20 Please enter the parcel or account number (or press desired function) F1=Add F2=Change F3=Exit ,F4=Prompt F7/F8/F17/F1A=Scroll F24=More Keys Kodiak Island, Alaska Real Estate Information 6/06/05 15:31:14 R7485020013 �bTNS'ohT,' b'0'AbiE" " " ' ' " " Inq AP01020 Street Number Dr Name Unit City, Zip, Code ' '2'47'0' $'EAV'ER LAKE DR ' ' 7CO=IAK '9'9615' ,Tnrisdirt. 07 Service District 1 Rrh Di st '. KISD Antivi f y •� 9999 ,,unction, 9999 Siihdiv LKSD LAKESIDE ,Strtiire•' 9000 7,01- 4 00000 Nhhr C'd. SDI SERVICE DIST 1 AREA gale Zone: 2 Service District 1 'stit.P ' 1000 OsvnPrah,ip:v 1000 7onP iyiRe: IND INDUSTRIAL Prop, TTse :ACC Value' R,y, ,: C CAMA Mass Appraisal S1r1 Parc • R1453020010 (More...) VEOP'20'''P'l`ease 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 OA- 17,24,060 A xp Performance erformanee Standards tandards ° G. Screening. Where an industrial u se is adjacent to and withinone hundred (100)feeto f a residential ue,or zone, that industry shall provide screening as approved by the commission, 2bACIZ` f IAA,,_ KODIAK ISLAND BOROUGH Community Development 710 Mill Bay Road (Rm 205), Kodiak, Alaska 99615-6340 - Phone: (907) 486-9362 ZONING COMPLIANCE PERMIT FEE: $20.00 Permit #: 9 Z- 1. Property Owner/Applicant:QLC-6. ( — / �/� j Mailing Address: pp � ROC %1 if Phone: (J — / rT (. 2 Legal Descrfptlon: Lo! /-4 LAKES/OE f RD . al,'" " /9-iO Street Address: Tax Code #: ) q 5-.3 .n D- 00 I 0 3 Description of Existing Property/currentzoning: e.---dP5)N(fI tii-- W idth: 75-1 Minimum Required Lot Area: Actual Lot Area: Minimum Required Setbacks: Sides: Front: 3 Maximum Building Height: Width: t 2d (,v %lrfw Z/ / Rear: ,oC (� Use and size of existing structures on the lot: .S'i-it)?6/1424-2-WomgE Number and size of parking spaces required (onsite id)ification of parking spaces is required - Yes: No: ) 3- SPS SIA) 0 wo u > 7 17 7. oq o , P Off-street loading requirement: /(I ) F71 )c -' o 1 Plat related requirements (e.g., plat notes, easements, subdivision conditions, etc.): A) WV_ Other requirements (e.g., zero lot line, additional setbacks, projections into yards, screening, etc.): Coastal Management Program Applicable Polices (check appropriate category) - Residential: Business: Industrial: X Other (list): Is the proposed action consistent with the KIB Coastal Management Program? - Yes: No: If the proposed action conflicts with the Coastal Management Program policies, attach a sheet that notes the policy(ies), describes the conflict(s), and specifies conditions to mitigate the conflict(s). Attachment - Yes: No: Description of propod action (attach site plan): rtr yQo� Yi`raftc'1rJ 44."J Rc4u /Y2 Z r1/r)6 pf2✓Y1/--- 69,1 /1- OM) 6 P.1/11/‘ -r- 41� r /5 -K/ ►C1` or i�>ePrvOc10 -1F r61/1/LIQ/A1g Nom /31&VE� V /Y m/ /1.6 19.55 THIS FORM DOES NOT AUTHORIZE CONSTRUCTION WHEN A BUILDING PERMIT IS REQUIRED Expiration: A zoning compliance permit will become null and void if the building or use authorized by such permit is not commenced with 180 days from the date of issuance, or, if the building construction or use is abandoned at any time, after the work is commenced, for a period of 180 days. Before such work can be recommenced, a new permit shall be first obtained lo do so. (Sec. 303 (d) Expiration, 1991 Uniform Building Code) per KIBC 17.03.060 5. Applicant Certif= tion: I hereby certify that I will comply with the provisions of the Kodiak Island Borough Code and that I have the authority to certify this as the property owner, or as a rep erty owner. i agree to have identifiable corner markers in place in the field for verification of setbacks. Title: ��L.{.IY�---~ Date: 1( 1, 1 �1 '— l s attached (check): Site plan: As -built survey: Other (list): 6. Community Development staff for zoning, by: Title: / 9 " Dale: /1 0000030 000011763 11/14/94 10:03:36 Bob PAID 20.00 ZCP FREE FORM LINE 01 02 R3 04 7. Fire Chief [City of Kodiak, Fire District #1 (Bayside), Womens Bay Fire District] approval for UFC (Sections 10.207 and 10.301C) by: Date: Driveway Permit (Slate, City of Kodiak, Borough) issued by: Da le: 9. Septic system PLAN approved by: Date: lulu 1. 1994