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LARSEN BAY TR A BK 16 LT 11 - Code EnforcementJanuary 29, 2014 Neil Horn Kodiak Island Borough Re: Zoning Complaint filed on Block 16, Lot 11 Larsen Bay The Processing Shed on the above referenced lot is used exclusively for personal use to process subsistence caught fish and game. 6 ane/P�etrich I Erik O'Brien January 29, 2014 Neil Horn Kodiak Island Borough Re: Zoning Complaint filed on Block 16, Lot 11 Larsen Bay The Processing Shed on the above referenced lot is personal use to process subsistence caught fish and ane Petrich 14.4461 -j - Erik O'Brien sed exclusively for ame. KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT ZONING VIOLATION COMPLAINT FORM COM1M hI N DEVE OPMEWT D tARTMENT 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 1 will be notified of any subsequent action taken regarding the investigation. Legal Description of Property Where Violation is Occurring: tor /� Bcoc/< l6 17?04cr.A cA/IsavtdY SilsafinfieN Street Address: /3 '" Fnf,T -"ear • 4411$O' BAY Zoning: f-/ ,Soe?✓rl tC- Property Owner of Above Property Tenant of Above Property (Name & Mailing Address) (If applicable) • ER/C Ossaici✓ Telephone: ; Telephone: Complaint (Must specifically state the nature, circumstances &/or reason for the complaint, and the relief sought) Obi?/En/ /S 6t/'42$r/n/G /g ae,.!/ye7tc,fl- Fists fl1eoc ss/N6 e(/S//vess #r .9/S firer/pea, Ties liNGc z..vS /Y00//?G I.Oms /4s E2/c Aces GPrz✓ ,d/? ug.Yoquz/n>4 cog P2v zry. Ave ,45k' 7WHr Ab/t• BvcreveSS arononnyvc Ccicr . ev,p 77041" ,we Ile A! ✓En ONLY7t*) USE AS 4 .PdT.ACten L P%z0,EN ry. Complainant..��(Print Name & Mailing Address): Z7cw' /',rASCrareAT S/ / OWEc . 41.4- c.S/ - Stirs Aro /7 c,.,,, W4 l Eros 7 Telephone #: -204. 920 779s- Signature: 79S Signature: Community Development Department, Room 205, 710 Mill Bay Rd„ Kodiak, AK 99615 (907)486-9363 Neil Horn From: Jane.Petrich@uscg.mil on behalf of Petrich, Jane CIV <Jane.Petrich@uscg.mil> Sent: Wednesday, January 29, 2014 1:30 PM To: Neil Horn Cc: obrien82@gmail.com; Jack Maker Subject: FW: No Subject Attachments: Application for Zoning Compliance.pdf; Lot 11 Bik 16 LB compliance request.pdf Good afternoon Neil, Thank you and Jack for your follow up on this and the update on Mr. Maschmedt's intent to follow up on the rezone of his LB property. Regarding the complaint filed against me: It was my understanding that the issue of commercial processing of fish had been resolved with the statement from Bill Nelson in Larsen Bay and the statement from my son Erik O'Brien. Please let me know if this issue still needs my attention. I know I am overdue in taking down our original house (I thought I had 2 years -but that is not important at this late date). I have not had the resource to take down the old house. I am hoping to get it removed this summer but If not I am interested in pursuing a Zoning Compliance Permit. Attached is my Zoning Compliance application and an as built survey done this past October. 1 have numbered the outbuildings and address their footprint and use in the application. There is no means of paying with a credit card to the Borough and I do not get off work in time to bring in payment myself. I will be putting a check for $120 and a copy of my application in the drop box this evening. Please let me know if anything else is needed. R, Jane Petrich Forwarded message From: Jack Maker <jmaker@kodiakak.us> Date: Wed, Jan 29, 2014 at 8:45 AM Subject: RE: No Subject To: JANE PETRICH <jpetrich@gci.net> Cc: Neil Horn <nhorn@kodiakak.us> Bob Pederson <bpederson@kodiakak.us>, Erik OBrien <obrien82@gmall.com> Good Morning Jane, a Mr. Maschmedt 's rezone was approved by KIB Ordinance FY2014-09 on November 7, 2013 (copy attached). He must obtain: Zoning Compliance for all buildings on his property before the rezone becomes effective. He has six months (until May 7, 2014) to obtain that zoning compliance or the rezone will become null and void. On November 12, our department sent Mr. Maschmedt correspondence (copy attached) advising him that an As -built survey will be required to ensure zoning compliance. I was visited by Mr. Maschmedt 's attorney last Friday. He double checked the deadline and advised me that Mr. Maschmedt is in the process of arranging for a surveyor to complete the As -built survey. On another note, Mr. Maschmedt filed a Zoning Violation Complaint (copy attached) alleging that commercial fish processing activities are taking place on your R1 zoned property. I spoke with Eric, who stated that, although he was looking Into commercial fish processing on the property, he is only processing fish for personal use. If you or Eric could provide our department with a letter stating that no commercial fish processing activities are taking place on the property, it would be appreciated. Also, during my investigation into the commercial fish processing complaint, I noted that a Zoning Compliance Permit for a new single-family residence was issued on February 11, 2011. That Permit stated that the previously existing single- family residence would be demolished within six months of the new residence being occupied: Recent photos of your property show that both residences remain on your property (only one is allowed on an R1 zoned property). Do you still intend to demolish the old residence? If not, the building will have to be converted to a permitted use (such as an accessory building) to comply with R1 zoning district standards. A Zoning Compliance Permit would be required for any such conversion. Any information you could provide with regards to your intentions for the old residence would also be appreciated. Lastly, I've copied our new Code Enforcement Officer, Mr. Neil Horn, on this email. Please ensure that he is copied on any further correspondence regarding this matter. Please feel free to contact me with any further questions or concerns. Thank you, Jack From: JANE PETRICH Imailto:ioetrich@aci.net] Sent: Monday, January 20, 2014 6:40 AM To: Jack Maker Subject: No Subject Lot 12 Blk 16 Tract A Larsen Bay<?xml:namespace prefix = o ns = "urn:schemas-microsoft-com:office:office" 7> 2 • Jack, I understand that you are not in code enforcement but you are still listed as the contact so request that you forward this to the new code enforcement person. This is a follow up to a complaint I filed this past summer against the Kodiak Lodge (Bob Maschmedt) for operating a commercial business on a lot zoned residential. My complaint resulted in the Kodiak Lodge requesting a rezone and the Borough Assembly giving Kodiak Lodge until May 2014 to submit the required paperwork to be rezoned as a commercial property. Has there been any acknowledgement of the Assembly ruling or follow up by the Kodiak Lodge to complete the required paperwork for the rezone? Thanks, Jane Petrich 3 Jack Maker From: Jack Maker Sent: Wednesday, January 29, 2014 8:46 AM To: 'JANE PETRICH' Cc: Neil Horn; 'Bob Pederson' (bpederson@kodiakak.us);'Erik OBrien' Subject: RE: No Subject Attachments: 14-002 As -built Survey Requirement Letter.pdf; FY2014-09 Rezoning Lot 12, Block 16, Larsen Bay Subdivision to 8 -Business Zoning District.pdf; 9_9_13_Zoning Violation Form.pdf Good Morning Jane, Mr. Maschmedt 's rezone was approved by KIB Ordinance FY2014-09.on November 7, 2013 (copy attached). He must obtain Zoning Compliance for all buildings on his property before the rezone becomes effective. He has six months (until May 7, 2014) to obtain that zoning compliance or the rezone will become null and void. On November 12, our department sent Mr. Maschmedt correspondence (copy attached) advising him that an As -built survey will be required to ensure zoning compliance. I was visited by Mr. Maschmedt 's attorney last Friday. He double checked the deadline and advised me that Mr. Maschmedt is in the process of arranging for a surveyor to complete the As -built survey. On another note, Mr. Maschmedt filed a Zoning Violation Complaint (copy attached) alleging that commercial fish processing activities are taking place on your R1 zoned property. I spoke with Eric, who stated that, although he was looking into commercial fish processing on the property, he is only processing fish for personal use. If you or Eric could provide our department with a letter stating that no commercial fish processing activities are taking place on the property, it would be appreciated. Also, during my Investigation into the commercial fish processing complaint, I noted that a Zoning Compliance Permit for a new single-family residence was issued on February 11, 2011. That Permit stated that the previously existing single- family residence would be demolished within six months of the new residence being occupied. Recent photos of your property show that both residences remain on your property (only one is allowed on an R1 zoned property). Do you still intend to demolish the old residence? If not, the building will have to be converted to a permitted use (such as an accessory building) to comply with R1 zoning district standards. A Zoning Compliance Permit would be required for any such conversion. Any information you could provide with regards to your intentions for the old residence would also be appreciated. Lastly, I've copied our new Code Enforcement Officer, Mr. Neil Horn, on this email. Please ensure that he is copied on any further correspondence regarding this matter. Please feel free to contact me with any further questions or concerns. Thank you, Jack From: JANE PETRICH [maiitoapetrich@gci.net] Sent: Monday, January 20, 2014 6:40 AM To: Jack Maker Subject: No Subject Lot 12 Blk 16 Tract A Larsen Bay<?xml:namespace prefix = o ns = "urn:schemas-microsoft-com:office:office" 1> A. Jack, I understand that you are not in code enforcement but you are still listed as the contact so request that you forward this to the new code enforcement person. This is a follow up to a complaint I filed this past summer against the Kodiak Lodge (Bob Maschmedt) for operating a commercial business on a lot zoned residential. My complaint resulted in the Kodiak Lodge requesting a rezone and the Borough Assembly giving Kodiak Lodge until May 2014 to submit the required paperwork to be rezoned as a commercial property. Has there been any acknowledgement of the Assembly ruling or follow up by the Kodiak Lodge to complete the required paperwork for the rezone? Thanks, Jane Petrich LARSE7V SAY N.� 'YdFfrr. 00 FIRST STAEET • WOW 5.L.N. OESOUSW AVISEN S 11948 PKAT 1.0. 6V-2 AVMS AIRa0Q2MS WSVAPCr awe J Mid! dm AD' o at018102 ALLMMCN CARS W Or O7719W aunt or stover AMY n AVM M 1107 Mrs I t+ww i Motznik Online Search for Corporations State of Alaska Corporations Last Updated: 7/18/2011 Search Again J:; CORPORATION O'BRIEN SEAFOODS LLC PO BOX 2842 KODIAK, AK 99615 CORPORATION NUMBER (ENTITY NUMBER) 108761 CORPORATION STATUS ACTIVE - GOOD STANDING PURPOSE COMMERCIAL FISHING OPERATION REGISTERED AGENT OBRIEN, ERIK CITIZENSHIP UNITED STATES CORPORATION STATUS ACTIVE - GOOD STANDING DATE FORMED 20070518 08:59:01 FILING DATE 20070518 08:59:13 EFFECTIVE DATE 6/1/2007 DURATION PERPETUAL TITLE NAME MANAGER OBRIEN DAVID MANAGER OBRIEN DAVID MANAGER OBRIEN STEPHEN MANAGER OBRIEN STEPHEN MEMBER OBRIEN DAVID MEMBER OBRIEN DAVID MEMBER OBRIEN STEPHEN MEMBER OBRIEN STEPHEN OWNERSHIP ADDRESS 0% PO BOX 2842 KODIAK, AK 0% PO BOX 2842 KODIAK, AK 0% POBOX 2842 KODIAK, AK 0% PO BOX 2842 KODIAK, AK 0% PO BOX 2842 KODIAK, AK 0% PO BOX 2842 KODIAK, AK 0% PO BOX 2842 KODIAK, AK 0% PO BOX 2842 KODIAK, AK https://www.motznik.com/corporations/details?coiporation_id=359559[9/9/2013 9:47:25 AM] Motatik Online Search for Kodiak Property Kodiak Property OWNER OBRIEN STEPHEN PO BOX 2842 KODIAK, AK 99615 LEGAL DESCRIPTION (SUBDIVISION) LARSEN BAY TR A BK 16 LT 11 LAND: BUILDINGS: TOTAL: ZONE TYPE: SINGLE FA LOT SIZE: 99414 SO FT Search Again SINGLE FAMILY RESIDENTIAL Last Updated: 6/1/2012 SITE ADDRESS PARCEL TAX ID: R5780160110 Valuation CURRENT $31,000 $38,700 $69,700 Y RESIDENTIAL $21,000 $38,700 $59,700 2012 PRIMARY USE: SINGLE FAMILY RESIDENTIAL https://www.motanik.com/kodiak_prop/details/3104(9/9/2013 9:50:28 AM]