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-
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recovered this sJrv-ey.
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AS BUILT SURVEY
1
orig• 414%1
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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 .
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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