HomeMy WebLinkAboutSEACLIFF BLK 1 LT 9oil 2z1 10 000
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Dear i"Ar. Br�rns:
V-lio VAlj- uy) olur recllt an(l ,.All to' ou,r o.,.' Fl. ux.ust 2G), 1l..'122 regarding 9, 1.,
!(I rrVi!-'iAnrl t%jtcase it a. -i notwl tlir) i3cnvcr Uiie vAnich
irl 197S 19 F4L?nt fron't tle, rxr)-oertv
o'-', t'nis lot, an'd (--'-.-31v34..ructed a is;t1lb—i P, ,las
to prociorty li-ric fr1r .1-uture O;7t"1nectior) to ti.ds
-j')Orty. t' -Lc-- 1:7,xisting sovirer Une, i ; onnly ffoet _f,rom, th�
p'ro�perty lino it. i , "I'llilltelytll-�at tile >` .y or
Di morld, Mlwl , 1-1ciel a.n t' .-::%t ect ",)n tl-e cli �alu.a uce of the r -,,r i c -Ling
hou,E;e the 3ewor line
the �.liot�%nce- �romi tl,,c- mortl,, corm -)r of the hcm�-3r-c to
WC! -,fueso->�3 -v-hva nort-1,ioas-c 'tiroperty 'corner -t7a& locz--.tr�-l'.
about 99 T��-�Qt. zN,, r1ore exact 3urw-.fir wovacl. 'o(4
nee,led to asvertai.avllr� ----Xact'31-3tanco. -Lnce an ns-butilt rFmr-
viiy J usually refjuir`-�(ll -ry tiv^Y --i-Anancial. arj part Of
tl-v'l clhaulge Of' t7h�.-.- murv�-.yor ca-ulO l5r-, asycdl to
U-nt�.-mcn ar-curataly.
.E qut'rietl cur ilei -.al Oio-,party;lent an, to Ono de-Pinitiorl 0��
Xi). Ae1(,' 15.65.03UA. at a r�:.cvioaablc,
tio-n ),r Con word wd.thin t1he contem. of z'V!-C-.' 19.65�030A
1 C71
not
, Fj '3arily i),-1clucle Une. property Une but woulO
inclurle -U).c? 11() 3e situat,,)� U.-lereon. A sc�,(:)-arat�-t m7zlratT-j
not rcaont-tbly bc? imc-birlerl, hut oince this an
intt?�,C,al paxt Of 1v1he of t-110 housc`:-, it is Celr t"ll'at ir-
"rr
part of" lam? �17110)')uqlh --'!if:cer(jnt intcu'-pre-
bn 1laeje toxAntf� bz,.tw� ne.n uhicii tho
foot. distamcm should he measured A is felit that tllis
Should be ma2v ure-r-1 -ble rlortlhea.at cormax <)IF tbo -nroperty
a "J, tl
m. c1":)s(?st poilit of the r7truwvur,,�, of--' tli,? hom3e.
t'<°r. Theodore D. Bern
Auqust 31, 1982
Pacu--
"'.ti"e aS-built for tile, sewc-?r line shows that, stub -ins were
constructed for each Of t! e lots to the _�a st Of lot 9 anO T,'Os"t of
th(-se lots are presently connected. We researched our records
to ascertain the details €lf the existing, ante -water :llsplosa l
^,Vst€3r'1 on lot J but our i_17 es contain -no inforr,.i tion on tbias
s 7.s>tk?T1. All a-.It`quacy test of the, system is usually performed
during a transfer of ownership aml this should deter -mine the
a_ik?quac.y of the existing viaste disposal systn?;n. During the
adequacy test the l'ilgeLz' seribtoulll asoertca452 whother tne. systerm
is a septic tank and soil absorption system or a cesspool. (A
cesspool is not permitted underMunicipal, t. -s.),
.
vrrCj(. ta"L'ion.. bet..,ze€ n the house and the point at whicb the
sewer stub -in is located could be cic` ssse(I its "brush" rathG�r
than "heavily wooded", and should pose no problem to the lic:ht
back'aoes -,ah .ch are usuall-', used t0aC,`^C3ili_:*•l7.`,313 this type of,
excavation.
In view of the foregoing, it is not felt that an Eixce ition to tho
provisions of VIC 15.65.03MN is warranted. It you have any
questions, please feel free to contact isle. at your convenience.
Sincerely yours,
Stan Brust, Managex
Division of l.,'nvironmental. THTealth
hcc. Los Buchffiolz, Supervisor, S;f'wer and Water Program
Pohert Rtiithr Gene'.ral. M'antagcr, Ater & 91as'ieetiater Utility
D26/e
Theodore D. Berns
Attomey at Law
1007 West 3rd Avenue
Suite 300
Anchorage, Alaska 99501
(907)272-0345
August 26, 1982
Mr. Brust
Director
Div. of Environmental Health
Dept. of Health & Environmental Protection
Municipality of Anchorage
Pouch 6-650
Anchorage, Alaska 99502
Dear Mr. Brust:
I represent Ms. Louise Koonce, owner of Lot 9, Block 1
Sea Cliff Subdivision in Anchorage. This property contains
one single family dwelling which is situated on the lot as
shown in the attached as built survey. Prior to the
expansion of Dimond Boulevard, the initial size of this lot
was such that the dwelling was located, in its entirety, well
over One Hundred Feet (100') from the edge of the Dimond
Boulevard Right -of -Way. However, the State of Alaska
subsequently acquired the back twenty-five feet of the lot
which has resulted in a situation in which a portion of the
dwelling falls within One Hundred Feet (100') of the Dimond
Boulevard Right -of -Way. This situation has caused a problem
in that, under AMC 15.65.030 A. septic tank systems are not
allowed if "the premises" on a lot are within One Hundred
Feet (1001) of "A right-of-way or easement containing a sewer
line from which sanitary sewer service is available." There
does not appear to be any dispute as to the adequency of the
present septic tank system which has functioned well for many
years. It is my further understanding from talking with Mr
Les. Bucholtz and others that the soils in the area are such
that there is no reason to believe that the continued use of
the septic system would pose any problem. Additonally, I
Mr. Brust-Page 2
understand that exceptions to th0e above "100 feet" rule have
been granted where excessive costs would be involve and where
no health problems are present. Because of the above quoted
ordinance, Ms. Koonce is having great difficulty obtaining
financing in conjunction with a sale of the property and is
being asked to escrow a large sum of money in case the
expesive connection to the sewer line within the Dimond
Boulevard Right -of -Way is required. It is my further
understanding that this connection would be extremely
expensive due to the heavily wooded nature of the back lot
area and to the fact that the connection would be over One
Hundfle Feet (1001) to the actual sewer line in the Dimond
Boulevard Right -of -Way.
As noted above, I have dicussed this matter with Les
Bucholtz, and I feel that the clear intent of AMC 15.65.030 A
is to cover a situation where a dwelling is well within One
Hundred Feet (100') of the actual sewer line. Unfortunately,
due to the ambiguous reference to "the premises" a question
exists as to whether AMC 15.65.030 A would mandate a sewer
hook-up in the present case. I believe that a reasonable
interpretation of AMC 15.65.030 A would be to require a
mandatory hook-up where the entire premises or atleast the
entire dwelling area is within the One Hundred Foot distance
to the public Right -of -Way of Easement. Under such an
interpretation, the property invovled in the present case
would not be required to hook-up since the bulk of the
property, including most of the living area, is outside of
the One Hundred Foot boundry. I believe that if your office
will concur with this interpretation in this case and
indicate your concurrence , the appropriate financing
authorities will accept this and will not require the
unnecessary expense of a sewer hook-up in conjunction with
Ms. Konnce's sale of her her property. Since a closing date
on the property is immenent, your earliest attention will be
greatly appreciated. If you have any questions concerning
the above pleae contact my office at 278-3551.
erely
Theodore D. Berns
cc: Ms. Koonce
TDB/mjt
6
8-11-82
P�, /CH 6-650
ANIGHORAGE, ALASKA 99502-0650
(907)264-4111
TONY KNOWLES,
MAYOR
DEPARTMENT OF HEALTH AND ENVIRONMENTAL PROTECTION
Alaska Mutual Bank
Real Estate Loans
P.D. Box 1120
601 West 5th Ave.
Anchorage AK 99510
Subject: Lot 9 Block 1 Seacliff Subdivision
RE: Public Water Supply
The public water supply serving Lot 9 Block 1, Seacliff
subdivision is an approved system.
Les N. Bucholz R.S.
Senior Environmental S -alist
LNB/mag
I
- E'<.d._. '._
SUBJECT- f '�( -i T [� :/ ._�fw i{�!��..� 2*_ DATE
MESSAGE
��!$IGNED�-:` J % E" ii' rpt L_t ,
rf,✓` r� � ,�
REPLY
MARY SCHOENING
C—J �
Lee Houston & Associates, Ltd.
REAL ESTATE
507 W. Northern Lights Blvd. Business: (907) 276-5909 /
Anchorage, Alaska 99503 Residence: (907) 248-4200 - DATE
rwn
REDIFORM ,, 4S 1 AND 3 WITH CARBON INTACT
45 47% PART -
]nvu
3 WILL BE RETURNED WITH REPLY.
DETACH AND FILE FOR FOLLOW-UP
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Sealer f" '7101
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2�QUF.'--,'�-lhkl:a 2ciL9niG
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I hareby certify that or, occuro£a eorvray of the
following daurmbod property _,.__ ._...___.
,9&A cb1 1 SorDtL)Isto'j,
c, c-, ;. 4
C
7YO5 made an and Mot the
irnprovernents situoted t areon are with. £h;
property lana¢ and do not overlap or encroach
on the property lying adjacent thare.to, that 1,0
itnprovQments on property lyinys odtncim there
to encroach on iho rjrermses in question and If).
th-,ro ore no roodaays, tronemission Tinos or
other visible aoloments on said; property s xcap
os indicatsd hereon. rj{
Dated at Anchorage, AIc0o,ihss_ T6
j- of
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TRYCK, N"fMAN 0, HXfEa.
EN41NFE,RS 5 SIRYEYORS
LANnA.