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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 ti SENDER: H • C is 1 and /or 2 for additional services. y • Complete items 3, and 4a & b. • Print your name and address on the reverse of this form so'that I return this card t0 you. ce • Attach this form to the front of the mailpiece, or on the back if apace does not pemiit. • Write'Retum Receipt Requested" on the mailpieoa bebw the article number ^" • The Return Receipt will show t d and the date delivered. 3. Article Addressed to:. C v O i m 1 � \\12sknr 23tj ( y 16-th.a-k.I 9 er i I also wish to receive the following services (for an extra fee): 1. ❑ Addressee's Address 2. ❑ Restricted Delivery onsult postmaster for fee. 4a. Art cle Number PIaa6)3 &a 4b. Service Type ❑ Registered ❑ Insured Certified ❑ COD ❑ Express Mail ❑ Return Receipt for Merchandise f 7. Date of Delivery r� 0 Addressee's Address (Only if requested a �m \I IZ Ig w ¢ 6. Signature (Agen c � mPS Form 3811, December 1991 5. Signature (Address -e and fee Is paid) ITU GPO:1993 -352 714 DOMESTIC RETURN RECEIP T P -102 073 882 Receipt for Certified Mail mss No Insurance Coverage Provided I umreoren Do not use for International Mail. POSTU SEEMS. (See Reverse) lV a�{� iliallial iiiiiiarlial Return Receipt Showing , to Whom & Dale Delivered X Return Receipt Showing d ress c pate, and eipi Showin Address TOTAL Postage & Fees �D 'Postmark or Date} q� E I y�1lA.fl \5 i'b r CERTIFIED t• j:-P102-073 -882 RETURN RE 1' T REQUESTED TILE COPY 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