LEITE ADD BK 5 LT 9 - Code Enforcementevelopment Department
Kodiak Island Borough
710 MILL BAY ROAD
KODIAK, ALASKA 996154398
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Kodiak Island Borough
Tommy and Aurora Natividad
P.O. Box 2583
Kodiak, AK 99615
710 MILL BAY ROAD
KODIAK, ALASKA 99615-6340
Re: Lot 9, Block 5, Leite Addition (1510 Mission Rd.)
Illegal Duplex
Dear Mr. and Mrs. Natividad:
June 21. 1994
A site inspection of this house today indicated that. the range, hood, and
refrigerator have been removed from the second kitchen downstairs as
required by the zoning violation notice sent you on June 10. 1994. This
brings the house into compliance with the Borough zoning code prohibiting
duplexes on lots less that 7,200 square feet. It is recommended that you also
see to the removal of the gas line from the propane tank outside which
serviced the range, for safety and liability reasons as well as to eliminate the
temptation to reinstall the range as part of a second kitchen sometime in the
future.
Your cooperation is appreciated. If you have any questions, please call me at
486-9362.
Bob Scholze, Associate Planner
Community Development Department
cc: Craig Johnson, Associated -Island Brokers
N, File
Kodiak Island Borough
Tommy and Aurora Natividad
P.O. Box 2583
Kodiak, AK 99615
710 MILL BAY ROAD
KODIAK, ALASKA 99615.6340
PHONE (907) 486-5736
Re: Lot 9, Block 5, Leite Addition (1510 Mission Road)
Illegal Duplex
Dear Mr. and Mrs. Natividad:
June 10, 1994
FILE COPY
The use of the downstairs portion of the house as a second dwelling unit on
the property owned by you referenced above is a violation of Kodiak Island
Borough Code Section 17.20.030 which requires a minimum lot size of 3,600
square feet per unit (7,200 square feet total) for a duplex in the R -3 --Multi-
family zoning district. Lot 9 is a nonconforming lot since it contains only
5,981 square feet. Only a single-family dwelling is allowed on this property.
as was peiinitted by the building peiinit (5227) issued in May of 1984 for the
structure.
In order to bring this structure into compliance, the kitchen must be removed
from the second (downstairs) unit. "Kitchen," in this regard, is defined as
meaning a refrigerator and range located near a sink and countered in an
area clearly designed as a kitchen. Spaces created by the removal of the
refrigerator and range must then be infilled with counter or cabinets, or
otherwise utilized, to preclude reconversion to a self-contained kitchen in the
future.
There must also be open and unobstructed passage between the floors so that
all rooms in the house have access to a single, communal kitchen. Doors
between upstairs and down, even if they are designed as entry doors, cannot
have locks As many as two (2) bedrooms in the house can be rented to
boarders as long as there is only a single kitchen being used communally.
As owner, please be aware, and make any prospective buyers aware, that this
house cannot, under penalty of further zoning enforcement measures and.
potentially, legal action. be used as a duplex, as it is currently designed or
KodiaM Island Borough
Tommy and Aurora Natividad
June 10, 1994
Page Two
Fconfguredq - We have no desire in this department to enforce zoning and
jeonductrinspiections simply to accommodate the financing and sales of
homes. In this case, a follow-up inspection will be required and ensuing
compliance monitored.
According to standard policy, a thirty (30) day deadline is established by
administrative decision to bring your property into compliance. You have the
opportunity to appeal the determination and/or the deadline should you wish.
Therefore, failure to bring the property into compliance with borough
ordinance by removing one kitchen, and ensuring unobstructed passage
between upstairs and down, by July 10, 1994 will require that the file be
forwarded to the Borough Attorney for further enforcement action.
Failure to comply with the terms of this decision or to appeal the decision
subjects you to the penalties of Section 17.75.030 of the Borough Code, which
states in part: "A person who violates any provision of this Title, or order
issued under 17.75.010.A...is guilty of a misdemeanor and upon conviction is
punishable by a fine of not more that three hundred dollars ($300). Each act
or condition violating this title, and order issued under 17.75.O10.A.. and
each day during which the act or condition exists...shall be a separate and
distinct violation,"
Your cooperation in complying with these code requirements will be
appreciated. If you have any questions, please call me at 486-9361.
Sierely,
t
Bob Scholze, associate Planner
Community Development Department
cc: Linda Freed, Community Development Director eV --
Joel
Joel Bolger, Borough Attorney
Planning and Zoning Commission
Craig Johnson, Associated -Island Brokers
TO:
ASSOCIATED ISLAM iOKERS, INC. -a- 1'�
218 CENTER AVENUE, SUITE 200 I�
KODIAK, ALASKA 99615 Inv1
(907) 488-2000 FAX (907) 486-4018
Bob Scholtz/KIB
710 Upper Mill Bay Rd.
City
Dear Bob;
•
•
•
DATE May 23, 1994
SUBJECT
1510 Mission Rd.
,?s LenET%419
Please see enclosed:
Original letter from property owners.re. inspection needed
Thanks for your time discussing this over the phone. I'd like to
request your help getting a letter to determine what is needed. I think
it will be straightforward, much like it was at the Willow Circle house.
I know it's not your favorite thing to do but also that you will be
accomplishing something. This non -conforming property will become
"conforming." Let me know if you have questions at all; office, 486-
2000.
Sincerely,
Rein .ML72T The prawig Board. Dallas, Taxan 75260-0429
o Wheeler &cilp Inc,1992
MAY 2 41994 11
COMMUNITY DE ENOPMENT
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REORDER ITEM #ML72T
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ED (.31',
Memo: Bob Scholtz
Kodiak Is. Borough
From: Tommy & Aurora Natividad
Date; May 20, 1994
Re: Downstairs inspection needed
Dear Bob:
Please receive this as written to request an inspection
from you. As a condition of our sale we have been
asked to provide this.
We are in the midst of selling our house & the Buyer's
loan has been recently approved. If you would provide
an inspection with letter stating what we need to do in
our lower level we would appreciate it. We expect you
will need to do a verification inspection after changes
have been made. This will be used to verify what is
proper for closing purposes.
Sincerely,
7a- 7-'41 7a7 9-/,
Tommy Natividad Date
Aurora Natividad
-771ety a.-// 74/7
Date