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HomeMy WebLinkAbout718 W 6th St - Building 7, CITY OF PO R T ANGELES F' W A S H I N G T O N U.S.A. Community Economic Development Department I s November 16, 2010 Mr. John Nagy 718 West Sixth Street Port Angeles, WA 98362 Re: 718 West Sixth Street Dear Mr. Nagy: After reviewing your letter of October 19, 2010, and, following the site visit conducted on November 2, between yourself, Nathan West, and myself, City staff does not see any reason why the easement entered into in May, 1956, with the neighboring property cannot be formalized under a boundary line adjustment. Because an easement does not create an ownership situation, it can often cause a hardship rather than a fix. A boundary line adjustment requires a survey of the newly k created line and agreement of both parties to the action. Once filed, it formalizes what was intended by the 1956 easement document without reducing the size of the properties below what they originally were platted to be. Obviously, this would require Mr. Bondy's approval but is also in his best interest. l "4 Y r F Secondly, we have been working with Mr. Bondy on removal of construction materials from the .z... right of way where they are currently being stored. It is my understanding from Public Works staff t who are working with Mr. Bondy, that he is anxious to establish an access point from the alley to his rear property for proper storage of some items. Having walked the alley area on November 2, I doubt that such access is in the best interest of anyone given the unstable bank area that is indicated by the remaining house foundation. However, Mr. Bondy has asked for this consideration and we will work with him on issues that we are able to address. a t y I am including a boundary line adjustment application with this letter for your use. You will need to (1) seek Mr. Bondy's approval; (2) file the application; and (3) have a surveyor prepare a survey for filing with the County. If you have any questions on this process, please don't hesitate to contact this office. We hope this action brings some closure to your history of property line issues. Sincerely, 14 Sue Roberds y Planning Manager Attachment cc: Roger Vess, Public Works Engineering Patrick Bartholick, Code Compliance Phone: 360 417 4750 Fax: 360- 417 -4711 Website: www.cityofpa.us Email: smartgrowth@cityofpa.us 321 East Fifth Street P.O. Box 1150 Port Angeles, WA 98362 -0217 RECEIVED OCT 2 5 2090 October 19, 2010 City of Port Angeles To Whom it May Concern: My name is John D. Nagy. I'm 67 years old. I reside at 718 West Sixth Street. I built my home in 1993 and have lived here ever since. I have worked hard over the years to develop a special piece of property. I am currently considering putting it on the market, and my asking price will ensure that I will deal with a sophisticated buyer. Before I do so, however, I must resolve a long- standing problem with my neighbor to the immediate east at 708 W 6th, one Greg Bondy. Since he moved in next door several years ago, he has committed numerous and repeated violations of city codes and ordinances. He has unilaterally appropriated city property for his own use; he has destroyed city greenbelt without a permit or concern for the fragile nature of the ravine. (I want it restored.) He illegally sited his shed. (I want it moved.) He planted trees on city property with the express intent of blocking my view. (I want them cut down.) There is irrefutable evidence that he is running a business from city property and a city right -of -way. (I want that corrected.) He has harassed and attempted to intimidate me, (I have witnesses), but until now I've kept quiet. Recently he stripped a swath of greenbelt behind my property 6' wide by 30' deep. This made me as angry as I have been in my adult lifetime. It was the proverbial "last straw." I ask only that the city duly enforce its own codes and ordinances. But in order to protect my property valuation, I am prepared to get help from elected officials at every level, the EPA, the VA, the media and the courts. I have made and included with this petition copies of the codes and ordinances that Mr. Bondy has violated, and highlighted these in yellow for easy reference. When city officials come out to examine the site, they will see that the claims I make herein are completely justified. I realize that this petition puts the city in a difficult position. Let me assure you, I don't want to be here, either! But there's no talking to the man, give him an inch and he'll take a mile; he's done it repeatedly. I mentioned earlier that in selling my property I will be dealing with sophisticated buyers. One look at my neighbor's property in its current state and they would reasonably conclude that the city is granting special dispensations to Mr. Bondy which would reduce my asking price by tens of thousands. of dollars or kill the deal entirely. Given the current real estate climate, that's unacceptable. Due to Mr. Bondy's violations of city codes along with his misuse and destruction of city property, the city has incurred serious potential liability. His willful and illegal behavior brings me here because I have nowhere else to go. The city's mandate is to enforce its own codes, and I expect the city to do so in an expedient fashion. Since Mr. Bondy routinely acts with apparent impunity as though he were above the law, this raises a red flag, specifically my concern that he has some special relationship with the city. Therefore, I must insist that I be kept current and apprised of the actions and remedies the city intends to take, the fines they intend to levy, the clearing of materials placed on and restitution of disturbed city greenbelt, and the time period(s) that Mr. Bondy is being given to comply with all of the above. Let's eliminate even the slightest suspicion of impropriety or collusion right up front. Put in poker parlance, I'm going "all in" because I have no viable alterimtive. The city must protect its own property from subsequent liability. The city also has a duty to protect this neighborhood and my property against a man who has no regard whatsoever for the rights of others and whose behavior has become increasingly reckless and destructive. Very truly yo +f s, 1 Jo 016 a r 5'► 4- fir- m 1 y t a i 1 f l \N s,�,iS t it s t` ti c' j f 7 K i fy yr e c CyY p y ..F 50.$ X a J ..t f r t r -a .?ir .a m i X ,I t s it. illto *1. -4 IF I."' t 1 .0' 1) 1 4 A s a r 7.0 .0 0 .4. 4 r a i p j. r 4 l. r 7 fn .4 K 4. I k l qe. N1 t t Z "4 I 4 01I- •4 .'-i r f: -.P:4 '4 r t, li :I 4. ,1*V1g 4. ..e '47 4 q 1\ r, .f. ek;--.7 400,/ 4.4*. VI Ai �y 17 Jt a t e 7' A ti r �,.0*,, "-4.3"9 y p 'r /M 2f j 4.. f >e i a t f b nor Y tfd 4', d t rr 1. i, i f;e� i af r 7- Y .r 1 4 4. 4,, 4: N 4 f-= ,,.....41.e -4 A ;err #'C I L It: dos P o R r qN_ Juice 9, 1995 .o 6L IC WOS *Mr John Nagy 71'8 West 6th Street Port Angeles, WA 98362 RE. Right-of-Way Use Permit Dear Mr Nagy On June 28, 1992, a Right -of -Way Use Permit was issued to you for a across the 6/7:: intent of the fence across the alley was to keep this area at the top of the blu ree eiin illegal dumping of materials over the bluff. The fence had not been constructed, aril_eibors objected to the placement of the fence across the alley On April 21, 1995, the City rescinded the permit based on objections by the Neighbors and ;sent you a letter On April 24, 1995, you appealed our decision and the appeal Was discussed with. you on May 1, 1995 at the City Real Estate Committee meeting. The Committee determined that the-building of the fence served the public interest by keeping unauthorized dumping into the ravine from occurring. As we discussed, the Committee would like to see some changes m the.ordinance,.:iowever; these would be after the fact and would not effect the validity of your permit: Our letter of April 21, 1995 is hereby voided and your Right -of -Way Use Permit #92 -19 is reapproved and affirmed. We chose not to require a new permit because the onginal permit conditions have not changed and, therefore, is still valid,. as• ast ate agr *Wit t� remove the encroachment (copies attached) Sincerely, Ken Ridout Property Manager Enclosures C:IDATA \WP119951NAGY- LTR.KDR CITY OF PORT ANGELES 321 E. FIFTH P O. BOX 1150 PORT ANGELES, WASHINGTON 98362 3206 PHONE (360) 457 -0411 FAX. (360) 452 -0353 Since April 21,1995 John Nagy 718 W Sixth Street Port Angeles, WA 98362 RE Right of Way Use Permit Dear Mr Nagy Ridout puty Director cc: City Manager, City Attorney CITY OF PORT ANGELES 321 E. FIFTH P O. BOX 1150 PHONE (360) 457 -0411 0 Thank you for your consideration of this matter If you have any additional comments or questions, please contact me at (360) 457 -0411, Ext. 122. PORT ANGELES, WASHINGTON 98362 3206 FAX. (360) 452 -0353 On June 28, 1992, a Right -of -Way Use Permit was issued to you for a fence across the 6/7 alley The intent of the fence across the alley was to keep this area at the top of the bhlff free from illegal dumping of materials over the bluff. To date, the fence has not been constructed, and neighbors have objected to the placement of the fence across the alley In accordance with the provisions of the Port Angeles Municipal Code, Chapter 1112, Right of- Way Use, the permit is subject to termination. This termination is also subject to appeal to the City Council. PANIC 11.12.150 Permit Terminable at Will Appeals. A.. Any permit issued pursuant to this Chapter is subject to termination upon written notification by the City Public Works Department at any time, without cause, and the permit shall so state on its face. B Any person who has a permit terminated may appeal such termination to the City Council by giving written notice of such appeal, within thirteen days of mailing by certified mail, or ten days by personal delivery of the termination by the Public Works Department. The City Council shall consider the appeal at its next possible public meeting after the filing of the notice of appeal, and may uphold or reverse the termination. (Ord. 2350 1, 7 -23 -85 Please note that if your are going to appeal this termination, it must be done within a specified time period, as noted above. kdrpar C :IDATAIWP\1995\NAGY.IWDR IPLIBLiC yM I FILES Y I I API RATE NAME CONC.I COPY I Inc KEN GARY RALPH I MKE FETE FILE: j NAME .OF APPLICANT c H i N 1 G DATE t 9? MAILING ADDRESS OF APPLICANT 18 ea S+ 7 TH t PHONE NUMBER OF APPLICANT 5 a 7 3 STREET ADDRESS FOR STREET USE L 01 5 Q I o ck 15 9 R EA, R DESCRIPTION OF THE REQUEST (include drawings for clarity) (If street closure is requested plea e state name f street and limits of losur requested together with the duration of closure lI2 A S h O c*K w1 D \ro �osq. ��c� bo -rinU I o f s 5 av Ar fzoSS 171-1- A L-1- t -I 1 tF a).1 0 ro 055 c EXPLAIN DURATION THAT OBSTRUCTION WILL BE IN PLACE (i e hours of operation) AND HOW IT WILL BE LIGHTED EXPLAIN N ESSITY O USE THE PUBLIC STREET, SIDEWALK OR PLANTING TRIP 7 D D h i' VF �t h s Q r✓1 ��I-t 3�'`^ E G o cx- Y1 1 rr 0 V"' v0 cD Du S (7r (PL F A- r f R A- ND A rA- C W WI F /U T HOLD HARMLESS AGREEMENT In compliance with the Port Angeles Municipal Code, and in consideration of the issuance by the City of Port Angeles of a Street Use Permit to the undersigned allowing the place- ment of the above described street use, the undersigned for himself and for his successors and interest, hereby agrees to save and to defend the City from, and hold the City harmless against any claims or lawsuits for personal injury or property damage arising out of, or in any way connected with the above described street use, except for injuries or damages caused by the sole negligence of the City of Port Angeles or its agents DATED this l 5r4- day of J u Gk/ 19 9 2 g R p" smut N andf swor t before me this 1 N k111:101 SUBS cr ivA (This permit, if approved, may be terminated by the City without cause and at any time Date application received �o (Office Use Only) /0, Z Fee paid 3 Certificate of Insurance provided Agreement to Remove Encroachment signed and recorded Copies sent _police r -P-ire Q'Planning -C.) Ad Services Applicatio approved1enied by Director of Public Works with conditions S AD 2 COPY TO APPLICANT 0 FIRE C POLICE 0 STREET 0 FILE BY ADDRESS 0 RUP 0 RUP q L ay of //f ,,7 d 19 ,1 TARY PUBLIC Washington G•../, ,Y) .1) in and for 'Erse State of residing at Port Angeles 4 Receipt OTHER 0 ,J 'r AA. J e),IJ� 1 cam{, WHEREAS We, the undersigned owners in fee simple of the following described property Lot 5 Blk 159 do hereby acknowledge that private constructed in the next alley right of way described as 1:31K 1D 1 LEGAL DESCRIPTION DATED this z day of ,TATE OF WASHINGTON S5 OUNTY OF CLALLAM GIVEN under my ha fa., /44 a� a 19 (up same as aoove U L .,irt.Lv rL) L1l N1Vti1 -WAY 1 improvements have been or will be days within the adjoining public 6/7 alley adjoining lts 5 and 16 NOW, THEREFORE (No signs (Keep out -No Trespassing allowed) We do hereby agree that said encroaching private improvements including, but not limited to, Construction of fence across Eastly enc o 6/7 alley, fence to include a 21' anu iu' ydL Lu ❑i.LUW £U. inyu=egress ror it and associated appurtenances shall be expeditiously demolished, removed, modified, rebuilt or restored at the undersigned owners expense within sixty (60) days of receipt of written notice from the City Engineer with work to be done in accordance with the requirements and conditions deemed necessary by the City Engineer or his designee at such time as the City finds that it is necessary to modify the use thereof If the required woT; is not done in a timely fashion and /or if the work does not meet the requirements and conditions set forth, the City is authorized to have the work done and the cost thereof including reasonable overhead and attorneys fees shall become a civil debt of the property owners and shall be a lien against the property The property owners agree to indemnify, hold harmless and defend the City, its employees, agents and assigns from and against all claims or lawsuits as alleging injury or damage to persons or property as a result of the onstruction and location of the private improvements as provided herein It is agreed that this agreement shall run with the land and shall be )finding on the undersigned owners, their heirs, devisees, successor: ann ssigns and all owners now or hereafter of the land described above 19 On this day personally appeared before me -Oh n 4l) v nd to me known to be the i i/vidual,sr scribed in and who executed the withir and foregoing instrumen anc :knowledged that they signer -me as their free and voluntary act anc ?ed, for the uses and pur•��e� �9'-� %i n mentioned seal this c2 day of 1 Ar N(?TaR! PUBLIC in ^c for f State . CITY OF PORT ANGELES LIGHT DEPARTMENT 321 E. Fifth Street Port Angeles, WA 98362 (206) 457-0411 PERMIT NO. C//J h ..s:- 47/93 , / DATE ELECTRICAL PERMIT Site Address: <f W. (PM Co f.mMV C/~c:tu. O{",J{) o READY FOR INSPECTION License Number: o WILL CALL FOR INSPECTION Phone: Installed By: Owner/Business: Phone: OwnerfBusiness Address: Sq. Ft. ~SIDENTIAL D.-GOMMERCIAL !2f BASEBOARD KW ~ o FURNACE KW _ o FAN/WALL KW _ o HEAT PUMP KW_ o SIGN o TEMPORARY SERVICE e-1>ERMANENT SERVICE Iff'""NEW CONSTRUCTION o REMODEL o ADD/ALTER CIRCUITS o SERVICE UPGRADE/REPAIR o SPECIAL EQUIPMENT (LIST BELOW) o QVERHEAD SERVICE IW1INDERGROU~ ~flV'CE VOLTAGE: /,;LO 02 VI WSINGLE'PHA5E D THREE PHASE- SERVICE SIZE c:tfJO AMPS Details/Description: ;tic<<) #oi[s;. ~ _ . W.S. No. SERVICE SIZE CAPACITY: o O.K. NOT O.K. ACTION REQUIRED: 0 CHANGE TRANSFORMER o INSTALL SERVICE POLE DATE ENGR. o CHANGE SERVICE WIRE o OTHER o Ditch Inspection O.K. ~,RoUgh-in/cover O.K. A~ O.K. to connect service ~II' 'tp Final O.K. Site Address: 7/~ ~~ Installer: uJ [ . Notify Port Angeles City Light by Street Address and Permit Numberwhen ready for inspection. Work must not be covered before inspection and O.K. for covering has been given by the electrical inspector in writing on either the Wiring Report or on the Building Permit. PHONE 457-0411, EXT. 224. ~ NO OCCUPANCY OR USE ESTABLISHED UNDER THIS PERMIT $ S D ~ . Electrical Inspector Permit Fee WHITE - File by address YELLOW - file by number PINK - Top: Eng, Bottom, Customer GREEN - Top: Meter Dept.. Bottom: City Hall OLYMPIC PRINTERS INC. ..d