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LEITE ADD BK 2 PTN LT 17 - Code EnforcementMax and Caroline Cormier Red Dog Nursery P.O. Box 2574 Kodiak, AK 99615 Kodiak IslandBorough. 710 MILL BAY ROAD KODIAK, ALASKA 99615-6398 Re: Home Occupation Follow-up Portion of Lot 17, Block 2, Leite Addition Dear Mr. & Mrs. Cormier: March 13, 1998 I am writing to follow up my letter of almost a year ago regarding your seasonal greenhouse home occupation. As a reminder, your home occupation must be located entirely on the same lot that your owner -occupied home is located and you must follow all of the requirements of the home occupation code. Attached is the home occupation code (KIBC 17.06.320) for your review. If you have any questions, please feel free to call me at 486-9361. Sincerely, Tom Bouillion, Associate Planner -Enforcement Community Development Department Kodiak Island Borough CERTIFIED MAIL #P669 055 266 RETURN RECEIPT REQUESTED Robert & Caroline Cormier Red Dog Nursery P.O. Box 2574 Kodiak, AK 99615 Re: Home Occupation Violation Lot 16A, Block 2, Leite Addition Dear Mrs. Cormier: 710 MILL BAY ROAD KODIAK, ALASKA 99615-6398 March 14, 1997 I am writing to follow up our conversation of Thursday March 6, 1997. As I mentioned at that time, the seasonal commercial greenhouse you operate on Lot 16A, Block 2, Leite Addition, is in violation of the home occupation section of the Kodiak Island Borough Code. KIBC section 17.06320 states, in part, that "Home occupation means a business, profession, occupation or trade, located entirely within a residential building, or an accessory structure which use is accessory, incidental and secondary to the use of the residential building for dwelling purposes...". In addition, no zoning compliance or building permits were ever obtained for the greenhouse. Since there is no residential structure located on Lot 16A, Block 2, the greenhouse in question cannot meet the requirements for a home occupation listed above. The only legal location for this greenhouse as a part of a home occupation would be on the lot where your house sits, a portion of Lot 17, Block 2, Leite Addition. Attached is the home occupation code section for your reference. However, because of the seasonal nature of the business, the perishable nature of the plant stock already purchased and the lack of any complaints by neighbors, enforcement action has been postponed through the end of the 1997 planting season. Therefore, the greenhouse and all evidence of your home occupation must be removed from Lot 16A, Block 2, Leite Addition no later than October 31, 1997 and will not be allowed to be placed on the lot again after that date. I recommend that you talk with me or someone else in the Community Development Department to find out how your home occupation can be legally operated prior to the 1998 planting season. ,ND L JO !Join dnd present tN not want this receipt cat detach and reta - • Robert & Caroline Cormier March 14, 1997 Page Two Kodiak Island Borough This decision is fmal unless appealed to the Planning & Zoning Commission within ten (10) days of receipt of this letter. If you disagree with the determination, or wish to propose some other remedy or compliance schedule, it is essential that you appeal this letter within ten (10) days. An appeal begins by filing with this office a written notice of appeal, specifically stating the reason for the appeal, specifically stating the reasons for the appeal and the relief sought. The fee to file an appeal is $150. An appeal, as stated in ICIBC section 17.90.010.B, may be brought by a. person affected by the issuance of an order or administrative decision issued under KEBC section 17.75.010.A. If you have any questions, please feel free to contact me at 486-9361. Sincerely, Tom Bouillion, Associate Planner Community Development Department cc: Linda Freed, Community Development Dept. Director Jerimiah Myers, Property Owner, Lot 16A, Block 2, Leite Addition . • : Wednesday, March 26, 1997, KODIAK DAILY MIRROR -1 5 Caroline Cormier and Phinehas PTI COMMUNICATIONS is adding two members to the Kodiak Advisory Board In business • Continued from Page 14 how much he or she wants to be involved, from doing all the win- dow measurements and installa- tion, to letting Island Ultrason- ics do all the work. All work Ul- trasonics does is guaranteed. Any length or width blind •system is available as well as "parts unlimited," said Siegrist. ' "We service what we sell," he added. ' . Island Ultrasonics continues its traditional cleaning and re- pair of existing blinds, featur- • ing quick turnaround, in most cases 24 hours. Tom can even color -match new drawstrings. The number is 486-6394. Phinehas,, a laid-back russet - golden retriever, is the inspira-, tion behind the name of Caroline Cormier's Red Dog Nursery on Mission Road. The garden emporium, which aims for year -around operation, consists of three greenhouses: one for a large assortment of annuals, another, 60 varieties of perennials, and the third for trees and shrubs:. Berry and. rose bushes are available. The Rogosa rose is an example that can grow well on Kodiak Island, says Caroline. Her wide. selection of bulbs starts with spring varieties and goes through fall. She also features boutique - style planter baskets, such as a white wicker baby buggy. Gift items include 'petite brass atom- izers, stout watering cans, gardener's soap with a condi- tioner, herbs topiary and old roses. • To complete the array of items at Red Dog Nursery, Caroline's husband Max of Maxwell's Woodworks will custom -build window boxes. The nursery is conspicuous with flags on one of Caroline's greenhouses at 1517 Mission Road. "I'm the girl to see," she says. Early spring days and hours are 3 to 7 p.m. Monday through' Friday; Saturday and Sunday,: noon to whenever. Spring times will be noon to whenever, Monday through Sunday. The number is 486-2278. ...It's hard to it 0 more a A"97 All Star A" 97 Ten Best AUTOMOBILE Car and Driver MAGAZINE magazine 4 "'0 J. . ‘CI. 1 • • • 1 )) Chapter 17.40 PROJECTIONS INTO REQUIRED YARDS Sections: 17.40.0 I0--17.40 , 020 17.40.010 Projections into required setbacks. 17.40.020 Architectural feature projections. 17.40.030 Equipment—Outdoor storage and minor structural development projections. 17.40.040 Structural projections. 17.40.010 Projections into required setbacks. Where setbacks are required, they shall not be less in depth or width than the required minimum dimensions in any part, and they shall be at every point open and unobstructed from the ground to the sky, except as permitted in sections 17.40.020 through 17.40.040 of this title. In addition, a minimum of a five foot (5') wide developed' access from the front yard to the rear yard must be maintained through the sideyard on one side of a lot. (Ord. 90-40-0 §2(part), 1992; Ord. 83-71-0 §3, 1983). 17.40.020 Architectural feature projections. A. In residential zoning districts. 1. Awnings, canopies, cornices, building projections cantilevers, window seats, bay windows, and other similar architectural features are only permitted to project into a required front or rear setback and only for a distance not to exceed two feet (2'), provided any adopted Uniform Building Code requirement for separation of structures is maintained. 2. Eaves are permitted to project into a required side setback for a distance not to exceed two feet (2') and into a required front or rear setback for a distance not to exceed three feet (3'), provided any adopted Uniform Building Code requirement for separation of structures is maintained. 3. Should a structure employ the use of more than one (1) architectural feature, the total projection shall not exceed the maximum established in subsections 1 and 2 of this section. 4. An architectural feature projection will not be used to establish a new front setback line on the lot or adjacent lots. In no case may such projection project over a property line. B. In nonresidential zoning districts. 1. Eaves, awnings, canopies, cornices, building projections, cantilevers, window seats, bay windows, and other similar architectural features are permitted to project into any required setback provided any adopted Uniform Building Code requirement for separation of structures is maintained. 7"Developed" means clear (i.e. nothing may be in the five foot (5') width, except for structures that promote access), free, and walkable in order to permit emergency personnel access. 17-83 (KIB 03/96) Supp. #14 17.40.020--17.40.040 2. An architectural feature projection is permitted to project into a right -of way provided the owner of the property provides written authorization. 3. An architectural feature projection may project over a property line, provided the owner of the property provides written authorization. C. Permitted architectural projections shall be identified on the side plan for a permitted structure, either as a note or design feature and will be identified on the zoning compliance permit. (Ord. 90-40-0 §2(part). 17.40.030 Equipment—Outdoor storage and minor structural development projections. A. Equipment/outdoor storage and minor structural developments generally. 1. Equipment/outdoor storage. "Equipment/outdoor storage" means items that are customarily subordinate and incidental to the use of the land. Equipment/outdoor storage can be freestanding or attached to a structure. Examples of equipment/outdoor storage ;that is specifically permitted to project into required setbacks identified in table 1 of section 17.40.040 of this chapter. 2. Minor structural development. "Minor structural development" means those minor appurtenances to development that are customarily subordinate and incidental to land use and structures. Minor structural, development does not require a building permit or if less than thirty inches (30") above finished grade. It may include items that can be defined as equipment. Examples of minor structural development that is specifically permitted to project into required setbacks is identified in table 1 of section 17.40.040 of this chapter. B. Projections into setbacks. Equipment/outdoor storage and minor structural development, as identified in table 1 of section 17.04.040 of this chapter, is only permitted to locate within a required setback as long as it does not reduce the number of available required off-street parking spaces. Equipment/outdoor storage and minor structural development shall not encroach onto adjoining property or public rights-of-way unless written approval is obtained from the land owner. Zoning compliance is not required for equipment/outdoor storage and minor structural development. (Ord. 90-40-0 §2(part). 17.40.040 Structural projections. A. Projections into setbacks. Structural developments, as identified in table 1 of this section, are permitted to project into required setbacks subject to the following conditions: 1. Outside stairways, decks and parking ramps , if unroofed$ and unenclosed, may project in a required side setback, if they provide access' to the rear yard; provided any adopted Uniform Building Code requirement for separation of structures is maintained. 2. In no case may such projections (with the exception of parking ramps, which are permitted to project into rights -of --way) project over a property line in a residential zoning district. A structural projection into a required setback is permitted to project into a right-of-way and to project over a property line in a non-residential zoning district, provided the owner of the property provides written authorization. 8 Does not include the eaves of the main structure 9 A minimum of thirty-six (36") in width 17-84 (IIB 03/96) Supp. #14 a 1) 17.40.040 3. No structural projection may reduce the number of available required off-street parking spaces; and 4. Enclosed entries on to existing non -conforming structures, which are non -conforming due to encroachment into the standard front setback, subject to the following limitations: a. the enclosed entry cannot reduce any required parking; b. the enclosed entry cannot exceed twenty-five percent (25 %) of the face of the building to which it will be attached; c. the enclosed entry cannot encroach more than six feet (6') into a required front or rear setback and shall not be closer than five feet (5') to the front or rear property line. Enclosed entries shall not encroach into any side setback; and d. the enclosed entry will not be used to establish a new front setback line on the lot or on adjacent lots. B. Site plan review: Permitted structural projections into required setbacks. shall be identified on a site plan and require zoning compliance. (Ord. 90-40-0 §2(part), 1992)! 17-85 (KIB 03/96) Supp. #14 17.40,040 TABLE 1 PROJECTIONS INTO REQUIRED SETBACKS 10 Where permitted by zoning district regulations 11 "Dock" means a minor structural development, less than thirty inches (30") above mean high water, exclusive of handrails and seats traditionally associated with the use of a water body for recreational purposes and the tie -down of float planes. 17-86 (KIB 03/96) • Supp. #14 EQUTPMENT/ OUTDOOR STORAGE MINOR STRUCTURAL DEVELOPMENT STRUCTURES X = FERMI I MD 0 = NOT PERMUTED C= CONDITIONAL EXAMPLES FRONT •- REAR SIDE FRONT REAR SIDE FRONT REAR SIDE Barbecue 0 X 0 Firewood 0 X 0 Fishing gear" 0 X 0 Flagpoles X X 0 Mail boxes X X X Play equipment X X 0 . • Satellite dishes 0 X 0 . Storage tanks (buried) X X X Storage tanks (above ground) 0 X 0 Vehicles X X C Other similar items C X C . - Accessory Buildings 0 X o Benches X X 0 Boardwalks/sidewalks ' X X X Decks X X ,X Docks" X X X Fences X X X Outside stairs X X X Other similar items C X.. C Outside stairways X x x Enclosed entries ' kikr-5 4 — 3-1s X C C Decks , Mil X MI Parking ramps . IIMI x Mill Other similar items Mill X IMIll 10 Where permitted by zoning district regulations 11 "Dock" means a minor structural development, less than thirty inches (30") above mean high water, exclusive of handrails and seats traditionally associated with the use of a water body for recreational purposes and the tie -down of float planes. 17-86 (KIB 03/96) • Supp. #14 Robert and Caroline Cormier P.O. Box 2574 Kodiak, AK 99615 Kodiak Island Borough 710 MILL BAY ROAD KODIAK, ALASKA 99615-6340 PHONE (907) 486-5736 September 13, 1993 Re: Possible encroachment onto adjoining lot by accessory building located in the rear setback of Lot 17 (Remainder), Block 2, Leite Subdivision. Dear Mr. and Ms. Cormier: This letter is in response to a complaint regarding the location of the above referenced accessory building. The complaint alleges that the building overhangs the property line between the two properties and that rain water is routed off of the roof of the accessory building onto the adjoining property. Borough staff conducted a field visit on September 3, 1993, and was not able to confirm an encroachment because only one lot corner was visible on the side lot line. It appears to staff that the front corner of the eaves of the structure is located directly above the fenceline. The complainants say that the fence is constructed on their side of the property line and that the eaves project over the property line. Staff has determined that the accessory -building is permitted in the rear yard and that no zoning compliance or building permit is required. The dimensions of the structure, approximately- 8' x require that the structure be precisely located within the rear setback to meet the zoning requirements. Both the Building Official staff and Community Development Department staff believe that the building itself meets the requirements for an accessory building this size, (based on separate field visits). The roof overhang near the fence seems to be the only questionable point. While staff could not conclusively determine that the eave crosses the property line, it does appear to terminate directly above or very near to the property line. The roof is so close, it is very likely to direct water and/or snow onto the neighboring property. The location of the accessory building should not route rainwater or snow onto adjoining property, and if it crosses the property line it should be Kodiak Island Borough Robert and Caroline Cormier September 13, 1993 Page Two relocated to a legal location. Issues of drainage and other impacts caused by permitted construction are usually regulated by the Building Codes. Because the accessory building does not require a building permit, the building code is not applicable in this case. It appears that the drainage issue is a civil matter that is strictly between the property owners. It appears to staff that this drainage issue could be solved by moving the building several inches further onto Lot 17 and by installing a gutter along the eave on that side. If no action is taken and the complainants believe the building is creating a nuisance to their property, they have the option of consulting with a private attorney to discuss legal options. If you have any questions regarding this letter please contact me at 486-9362. --e-- Dtlane Dvo Associate. Planner Community Development Department cc Complainants Joel Bolger, Borough Attorney .5 1VEc7 E•A5EME1,17- 1;1..41;4 2/) e ,0 \y 9 m — ,-• I .__. _. 1 ;- I -l'- .N_ 1 .I 9 ( s �••i r• i 1 1 ,r 1 - •-` re. t ; { �; ,Hors o a/ur.7iemir» cap recovered this sJrv-ey. (O, 5 r4 AS BUILT SURVEY 1 orig• 414%1 irk %4.• 1 • f, f. ; Ria oy A. Ecklund 01 leo ij •• NO. 16oe/8-5 f 1% 90FESSID P'.'P.0 ' I hereby certify that I have surveyed the following described propert Go,' /7 (fICrrah7der), b/ack , Le./AZ- Add ;74thn Z-Add%fion a 6, survey /rob/, P/at P70' 8.3-2 .k . a and that the improvements situated thereon arc within the property lir, and do not overlap or encroach on the property lying adjacent thcret that no improvements on property lying adjacent thereto encroach the premises in question and that there are no roadways, transm sion lines or other visible easements on said property except as in: cated hereon. Dated this day of 19 4 ROY A. ECKLUND Registered Land Surveyor Scale: /''= 2 2 70 7� Drawn by: 5.4'6frir, i Date: //c✓ejofery,ber/. APPLICATION FOR BUILDING PERMIT AND CERTIFICATE OF OCCUPANCY - CITY OF KODIAK - KODIAK ISLAND BOROUGH - BUILDING DEPARTMENT Telephone: 486-8070 710 Mill Bay Road APPLICANT TO FILL IN ALL INFORMATION WITHIN BOLD LINES. PLEASE PRINT. USE A BALLPOINT PEN AND PRESS FIRMLY. (OFFICE USE ONLY) STREET ADDRESS: CLASS AND SCOPE OF WORK SPECIFICATIONS: BUILDING PERMIT NUMBER: DATE OF APPLICATION; LOT:BLOCK:d NEW DEMOLITION FOUNDATION FOOTINGS STEM WALL PIERS ZONING COMPLIANCE: DATE ISSUED: ALTERATION REPAIR TYPE SUBDIVISION / SURVEY: ADDITION MOVE DIMENSIONS VALUATION BASIS; BUILDING PERMIT FEE; DEPTH IN GRND NAME USE OF BUILDING AUTHORIZED BY THIS PERMIT: REINFORCEMENT VALUATION: PLAN CHECK FEE; BOLT SPACING CRAWL SPACE HEIGHT INCHES OCCUPANCY GROUP: TOTAL FEE; O W MAILING ADDRESS: A B E H I MR C' J ��• CRAWL SPACE VENT SQ. FEET N R CITY & STATE: SIZE HEIGHT STRUCTURAL SPECIES & GRADE SIZE SPACING SPAN NO. OF ROOMS STORIES RECEIPT NO: (1 TELEPHONE: NO. OF FAMILIES GIRDERS DIV. 1 2 3 4 5 6 EACH OF THE FOLLOWING STAGES OF CONSTRUCTION REQUIRES INSPECTION BE REQUESTED & COMPLETED TYPE OF BUSINESS GIRDERS A NAME: NO. OF BLDGS NOW ON LOT JOISTS 1ST FLOOR USE OF EXISTING BLDGS JOISTS 1ST FLOOR R C MAILING ADDRESS: SIZE OF LOT JOISTS 2ND FLOOR WATER: PUBLIC PRIVATE JOISTS 2ND FLOOR TYPE OF CONSTRUCTION PRIOR TO PROCEEDING WITH I II III IV V N 1 HR FR H.T. ANY FURTHER WORK: FOR INSPECTION CALL 486-8070 H EINSULATION CITY & STATE: SEWER: PUBLIC PRIVATE CEILING JOISTS TYPE & THICKNESS: EXTERIOR WALLS N G TELEPHONE: FOUNDATION BEARING WALLS EXCAVATION INTERIOR WALLS UNDERGROUND UTILITIES STATE LICENSE: WALLS ROOF RAFTERS ROOF / CEILING TRUSSES DRIVEWAY PERMIT: FOUNDATION / SETBACKS SUBMITTED FRAMING C NAME: SHEATHING TYPE & SIZE: FURNACE TYPE: FLOOR APPROVED ROUGH ELECTRICAL WOOD HEATER YES NO TYPE ROUGH PLUMBING N T MAILING ADDRESS: ADEC APPLICATION: FINAL WALLS SUBMITTED DATE C.O. ISSUED: R A C CITY & STATE: ROOF I HEREBY ACKNOWLEDGE THAT I HAVE READ THIS APPLICATION, THAT IT IS CORRECT AND THAT I AGREE TO COMPLY WITH ALL ORDINANCES AND LAWS REGULATING BUILDING CONSTRUCTION APPLICANT:APPROVED FINAL APPROVAL ALASKA FIREMARSHAL REVIEW: SUBMITTED: APPROVED: T 0 TELEPHONE: FINISH MATERIAL: ROOF - BUILDING OFFICIAL: -tea �` Q --� R STATE LICENSE: EXTERIOR SIDING INTERIOR WALLS NOTES: UTILITY CONNECTION FEE WATER $ DATE SEWER $ RECEIPT # TOTAL $ CASHIER