ERSKINE ADD BK 8 LT 74 - Code EnforcementNe for Roy
41 Upper Mill Bay Rd.
Kodiak, AK 99615
Kodiak Island Borough
710 MILL BAY ROAD
KODIAK, ALASKA 99615-6398
1
Re: Lot 74, Block 8, Erskine Sub. (41 9 Upper Mill Bay Rd.)
Dear Mr. Roy:
July 5, 2000
I recently received an inquiry about your two- family residence at the R2 -Two family residential
zoned lot referenced above. I am writing this letter to reiterate some of the facts shared with you
in a letter dated March 20, 1996, as well as to remind you and the inquirer about the restrictions
about the number of residents allowed in a dwelling unit, and the Borough Code's definition of a
family and a dwelling unit.
The site visit conducted during that time indicated that you indeed have a duplex, and that you
were renting some of the rooms to renters and/or boarders. You were reminded at that time, that
you are only allowed to have two (2) renters or boarders per living unit, in addition to one (1)
family per dwelling unit.
According to Kodiak Island Borough Code section 17.06.230, "Family means any number of
individuals related by blood or marriage or an unrelated group of not more than five persons
living together as a single housekeeping unit in a dwelling unit."
Further, KIBC Section 17.06.220 Dwelling unit, is defined as "...one (1) or more rooms and a
single kitchen in a dwelling designed as a unit for occupancy by not more than one family for
living or sleeping purposes, and in which not more than two persons are lodged for hire."
A zoning compliance permit signed by you was issued in 1995 (CZ95 -032) for a 4 % :' x 10'
storage room and wooden deck (front arctic entry) addition to the existing single - family dwelling
unit and apartment, and for a 22' x 14' family room/garage /storage room addition to the rear
portion of the residence. You also obtained the appropriate building and/or electrical &
plumbing permits. The building officials conducted subsequent inspections and stated that you
were reminded on several occasions of the zoning requirements for what constitutes a dwelling
unit (i.e. separate entry, not connected by interior passage to the remainder of the house, and
separate kitchen) and that you had ultimately complied with those requirements in constructing
your additions. No interior remodeling was permitted at that time that would constitute an
additional dwelling unit (other than the permitted two). Your two family dwelling should contain
Koavak Island Borough
no more than two kitchens total and the rooms should be connected in such a way that constitutes
no more than two dwelling units in the structure.
In addition, while the Borough Code can not restrict the number of people in a family, and
further, the amount of traffic generated by the family, you are reminded that off- street parking for
your two- family dwelling is limited. While parking on Mill Bay Road is not prohibited, you
should be aware that Kodiak City Code 10.08.030 Additional parking regulations, outlines
parking regulations on city streets and is subject to enforcement by City of Kodiak enforcement
officials.
If you have any questions regarding these regulations please feel free to contact me at 486 -9361.
Respectfully,
Eileen Probasco, Assistant Planner
Community Development Department
cc: Linda Freed, Community Development Dept. Director
Assessing Department
Len Kimball, Building Official
Ronnie Erickson, City of Kodiak
Complainant
Kodiak Island Borough
710 MILL BAY ROAD
KODIAK, ALASKA 99615-6398
March 20, 1996
Nestor Roy
419 Upper Mill Bay Rd,
Kodiak, AK 99615
Re: Alleged Boarding House Violation
Lot 74, Block 8, Erskine Sub. (419 Upper Mill Bay ltd.)
Dear Mr. Roy:
Thank you for meeting with me at your home on March 19, 1996. Based upon our
conversation and my own observations, your home does not seem to be an illegal boarding
house as I originally thought in my letter to you dated March 14, 1996.
For future reference, however, you are only allowed to have two (2) renters or boarders
per living unit, in addition to one (1) family per dwelling unit. According to Kodiak Island
Borough Code section 17.06.230, "Family means any number of individuals related by
blood or marriage or an unrelated group of not more than five persons living together as a
single housekeeping unit in a dwelling unit ".
Thank you again for your cooperation in resolving this matter.
Sincerely,
Tom Bouillion, Associate Planner
Community Development Department
cc: Linda Freed, Community Development Dept. Director ✓'
Planning & Zoning Commission
Assessing Department
Len Kimball, Building Official
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Kodiak Island Borough
Nestor Roy
419 Upper Ivfill Bay Road
Kodiak, AK 99615
710 MILL BAY ROAD
KODIAK, ALASKA 99615-6398
Re: Alleged Boarding House Violation
Lot 74, Block 8, Erskine Subdivision (419 Upper Mill Bay Road)
Dear Mr. Roy:
March 14, 1996
It has recently come to my attention that you are renting living space in your duplex on Upper
Mill Bay Road to twelve or more individuals under the business name "Eagle's Nest ". This is a
clear violation of Kodiak Island Borough Code section 17.06.220 which limits the number of
unrelated individuals per dwelling unit to five (5), of which only two (2) persons may be lodged as
renters or boarders . If the dwelling unit is occupied by a family, a maximum of two (2) additional
persons may be lodged as renters or boarders.
In your particular circumstance, your family appears to occupy the dwelling unit on the upper
floor of your duplex. If this is the case, you can have an additional two (2) individuals lodged as
renters or boarders in the upstairs dwelling unit. In the basement unit, two (2) people can be
lodged as boarders or renters provided that no more than five (5) unrelated individuals live in the
dwelling unit at any time. Therefore, in both levels of your duplex, you may have no more than
seven (7) individuals in addition to your family, only four (4) of which may be lodged as renters or
boarders.
Please contact me within the next week so that I can schedule a time to inspect your duplex and
resolve this alleged violation. My work telephone number is 486 -9361.
Sincerely,
Tom Bouillion, Associate Planner
Community Development Department
cc: Linda Freed, Community Development Dept. Director
Planning & Zoning Commission
Assessing Department
Len Kimball, Building Official
Kodiak Island Borough
ADMINISTRATIVE INTERPRETATION: HOW MANY PEOPLE MAY LIVE IN A RESIDENCE.
The purpose of this memorandum is to clarify the maximum number of people
permitted to live in a dwelling unit at one time. This memo is written in
general language. Copies of the actual regulations are available from the
Community Development Department.
DWELLING UNITS
Each single family home, one -half of a duplex, or individual apartment in a
building is defined as a dwelling unit. Each dwelling unit may house the maximum
number of residents specified below:
Maximum Number of Residents Permitted in a Dwelling Unit
A. One (1) family. A "family" can be any number of individuals who are related
by blood or marriage. (Borough Code Section 17.06.230)
OR
B. A housekeeping unit. A "single housekeeping unit" is a maximum of five (5)
unrelated individuals living together in a dwelling unit as a "housekeeping
unit," that is sharing one (1) housing payment, utility payments, etc.
(Borough Code Section 17.06.230)
NOTES:
1. If a dwelling unit is occupied by a "family," a maximum of two (2) persons
may also be lodged as renters or boarders in the dwelling unit. (Borough
Code Section 17.06.220)
2. If a dwelling unit is occupied by a "single housekeeping unit," a maximum of
two (2) persons may be lodged as renters or boarders provided that no more
than five (5) unrelated individuals may live in the dwelling unit at any
time. (Borough Code Section 17.06.220)
If you have any questions, please contact the Community Development Department at
710 Mill Bay Road, Kodiak, Alaska, or call 486 -5736.
Administrative Interpretation
May 18, 1987