LEITE ADD BK 2 PTN LT 17 - Code Enforcement (2)KODIAK ISLAND BOROUGH
M.E M 0 R A N D U M
DATE: February 8, 1982
TO: Dave Crowe, Borough Engineer
THRU: Will Walton, Director of Communitt�yDevelopment aktf.A/
FROM: Bill Hodgins, Zoning Officer jtt e
RE: Lots 16 and 17, block 2, Leite Addition
Mr. Ted Olafson has been into the office on numerous occasions
concerning the sale of lot 16 or 17, block 2, Leite Addition
by AAA Realty (Mary Peterson) for Myron Skadson.
Mr. Olafson's concern is the re -arrangement of the interior
lot line between lots 16 and 17. Apparently Mrs. Peterson
has offered and sold one of these lots for Mr. Skadson, but
she has also re -arranged the interior lotline so that approx-
imately 2,000 square feet of one lot is now part of the one
sold.
Both lots in question are owned by Mr. Skadson, but isn't a
plat or approval required before this arrangement can be
legal?
Please look into this as Mr. Olafson is anxious to hear from
you. Thank you for your assistance in this matter.
CC: Ted Olafson
Misc. Violation File
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17.36.010 Continuation provisions. Any otherwise
lawful use of land, structure, building or premises, includ-
ing parking areas, existing at the time prior coda Chapter 5
subchapter 2 became effective/ but not conforming to the
provisions hereof, ma -y be continued, provided: _ _
`A-.- -That if such nonconforming use is discontinued for
a Period of over ninety days or is abandoned, the use of
such land thereafter shall be subject to the provisions of
:this title;
B. That no building used for such nonconforming use
shall be added to, structurally altered or enlarged in
any manner, except as required by another ordinance of the
city or by state law, or in order to bring the building
and its use into full conformity with the provisions of
this title; nor -shall anything be -done that would influence.
.tbe'luogenity or perpetuation of such nonconforming use or
,{)uildinq beyond the normal or reasonable Period of time
.that the same would exist under the conditions.prevailing
aC-the effective date of prior code Chapter 5 subchapter 2;
C. That no nonconforming use occupying a conforming
building or portion thereof, or occupying any land, shall
be enlarged or extended into any other portion of such
building or land not actually no occupied at the effective
date of prior code Chapter 5 subchapter 2. (Prior code
Ch. 5 subch. 2 514A).
17^36.020 Continuation of use --In existence defined.
Any building or portion thereof in existence prior to the
effective date of prior code Chapter 5 subchapter 2 which
is specifically designed or arranged to be lawfully occupied'
or used in omanner not conforming to the provisions of
this title, may thereafter be so occupied or used, subject
to the limitations set forth in Section 17.36.010 for
existing nonconforming uses. The term "in existence"
includes, for the purpose of this chapter only, any build-
ing under actual construction at such date, provided that
such building is completed within one year therefrom.
(Prior code Ch. 5 subch. 2 514B); .
.I7.36.030 Damaged—or hartiaIIV deStzoyed building.
'0o building which has been damaged or partially destroyed
'Lo the extent of more than fifty percent of its assessed
,value shall be repaired, moved or altered except in coof6rn~
iL? 'with the provisions of this title. (Prior code Ch. 5
subch. 2 514C).
17.36�,040 Application to amended uses. The provisions
of 'this chapter shall apply to uses which become nccceuform-
4~~ ceasOn of any amendment to this title, as of the
ire date of such amendment. (Prior code Ch. 5 subch.
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17.42.010 One -family dwelling --Existing use. The
minimum lot area requirements of this title shall not apply
to prevent the use of any lot or parcel for one -family
dwelling, provided that on the effective date of prior code
Chapter 5, subchapter 2, the lot or parcel was:
A. Legally subdivided and established of record; and
B. At least five thousand square feet in area, separately
owned and/or subject to a recorded contract of sale;
:CT Lots br parcels of -less than five thousand square.
feet -in -an area contiguously abutting and commonly owned shall
'not be sold separately or developed, but rather shall be_con-
•solidated and developed or sold in units equal in area to
that required as the minimum size lot for the -zoning district
-in which- the property is located. (Ord. 79-29-0, 1979).
17.42.020 Inclusion as yard for another building.
No portion of any lot or parcel of land which has been
designated or used as any part of a required open area or
yard for a building shall be included as a portion of yard
for another building if such inclusion will reduce the' lot
area or yard required for the original lot or parcel of land
to less than the minimum lot area or dimension of yard re-
quired for the land use district in which such property is
located. (Prior code Ch. 5 subch. 2 §10D(2)).
17.42.030 Existing lot --Reduction in area or width.
No lot or parcel of land held under separate ownership at
the time prior code Chapter 5 subchapter 2 became effective
shall be reduced in any manner below the required minimum
lot area or width. (Prior code Ch. 5 subch. 2 §10D(3)).
17.42.040 Smaller than required --Density. No lot
area shall be so reduced, diminished or maintained that
the yards or other open spaces or total lot area is smaller
than prescribed nor shall the density of population be
increased in any manner except in conformity with these
regulations. (Prior code Ch. 5 subch. 2 §10D(4)).
17.42.050 Building erection. Every building here-
after erected shall be located on a lot as defined in
Chapter 17.0. If it is located on two or more lots, the
building location must conform to the side yard require-
ments or it may straddle an interior lot line of such a
parcel of lots. In no case shall'there be more than one''
main residential building and its accessory.buildincyJ'on
Cone lot; unless specifically provided otherwise. (Prior
code Ch. 5 subch. 2 §10D(5)).
117 (Kodiak Island
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1 hereby certify that 1 have surveyed the following described property:
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and the: the imnrovemenu situated thereon are within the property Tines
ant do nor ,..:lap c. cnciroads .on the ,property lying adjacent thereto.
t3aat nc improvements on prri• 'ving adjacr• •. thereto encroach on
the pr •"-41r are r. roadways. transmis-
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li: + said property except as indi-
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ROY A. E •.
Registered Land Surveyor
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