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HomeMy WebLinkAboutLetter from Charlene Rokovitz/~/ ~~ZUrlf~ R~C~~'~~ APR 2 7 20x4 • ~~(u,,,,~ CITY OF ME$II3I~~~T Mayor, Council Members - My name is Charlene Rokovitz. I own the property north and connecting to 230 W. Pine. My son who lives there is unable to attend the meeting tonight as he out of town training in critical incident response for disasters. His letter looks a little long because it printed with a ff bigger font but more importantly because it covers both the rezone and th C L1~ a plication. uJ9 ~2~ ~ ~l~l~~-emu~ don~know w~ay~th twill cos to show our frrJStration with this rezone. 230 W. Pine was rented to a business only this time they didn't bother to get the necessary permits. After months of running a business out of the home and garage the applications were finally made and area property owners were notified. When I called ms. Powell to see what exactly needed to be in the objection letter, I was told to show PROOF. I didn't realize it was my responsibility to prove the illigalities of a place when they already had received complaints because disruptions to the neighborhood. Before the P&Z meeting, they gave a roaming and on the day it was to expire ms. Rice, and the Smedcpeppers and I think but am riot sure the DeVaneys met with ms. Powell and was told at #hat time to STOP all business activities. They did not however. Evidence was shown at the P&Z mtg. by the neighbors that a business was • being run illegally out of the garage and ms. Rice was not living in the house (this was a permit for an in home business), The police chief stated that after surveillance - and I quote - "the submittal of the new application for a residential home business is not accurate and could be construed as being misleading." He then went on to say - again I quote " if Susan Rice is affiliated with or contracted by Seal Co, the application as submitted may be fraudulent in nature" Even after all the neighbors logs and the police chiefs surveillance report and the code enforcements report they gave ms. Rice a bookkeeping permit with the condition that the Seal Co business was not to be run out of the garage or they could revoke the permit. To date that has not been done. (Because) the Seal Co business continued to run out of the game until a few days before the P&Z mtg. The code en#orcement was to give citations - none was given as he said they were going to give a `summons' instead. However, that was not done etther as they wanted to wait to see if the business was approved so they could save money if it wasn't. The code enforcement officers hands were tied to do any thing at that time. Because of the knowledge of the code enforcement officer and the police chief, I asked Wendy to have them come and tell what they had witnessed -but they refused to ask them. tt appears the rules and policies of the city have been totally ignored withou nce. _ There is another issue in the P&Z rezoning app. about the properly line. I am • hoping there is someone on the board with enough knowledge about the law to see that the P&Z ruling that if this is reaoned there will be a fence and a 'cement • C~ f•~ lJ curb gutter' put in where they say their'new' survey is: I `Mill haven't figured why P&Z has taken it upon themselves to decide where th~roperty line is by incorporating in the rezone permit a cement curb and gutter and 10 'buffer fence from new survey line {which makes it 4' from where the ACTUAL property line is) -they want to put in a'buffer' fence even tho your policy -'landscaping ordinance' states and Iquote -'The Landscaping Ordinance requires a twenty {20) foot buffer between single family residential uses and office uses (MCC 12- 13-12-5). Because I have found out from the Ada Cty. Assessor that all over meridian the monuments for surveying have been 'sh~nd that when they made W.Pine a 'collector' street, they added footage a said that they probably resurfaced and put the monument where the added footage would be appropriate. If you go by the 1903 plat - that was a suggestion for that time and all you have to do is look at the 'real' boundary of the school yard to see that - as part of the school yard is Nidday Addition. IT does NOT go in a straight line either. I don't know whose suggestion it was #o put a cement curb gutter on the property line but as you can see from the pictures I gave you, according to their survey and P8Z deciding that the property line is the survey line, that wouldld p~~ the curb about 1"from my house. If you will look at the letter from th contractor (he is now retired), you will see that everything was done y the survey done at that time. Because of the house being a government Farm Home Loan, not only was a survey done, but there were numerous inspections by the government and ada county inspectors. I also gave you a copy so you will see that the Idaho Senate Bill 1428 states that legally' there was a boundary by agreement if nothing more because there had been a fence there for 5 years AFT - roe and because there was a ere for the past 3 years and everyone agreed that the #ence was the property line -until Merlyn tore the fence out without my permission last year. The BOUNDARY BY AGREEMENT was passed because they found out that not only did the cities NOT keep the necessary documerrts needed but because of monuments shifting it was necessar~people who had the understanding that for the past numerous yearsp a owned their property. Even the Assessor stated that that was the reason 1<or fencss. Until then, Merlyn, too accepted the fact that the fence was the property line. If you will lack at the pictures, you will see a RETAINING wall at the front of the property on Pine. There is the road, gutter, .lawfh sidewalk, and ~ lawn before you get to the wall. From the wall to MY property line is exact. However, by their ne survey the property line goes back 5 112 'which puts the survey properly line up against my house. If you run a straight line down Pine as in the plat' it cuts the comer of the house off on W. ' ~ ~,d 1st. ~ U~ ~b I'm not sure why P&Z is pushing so hard to rezone this property . Itdoesn't appear to be to just give'old town' a foothold. I hope your. will o all the back door approach and consider the proof provided by the Haig ors that was given you and deny this rezone. I sincerety hope you will not reward someone who has continually shown noncompliance with the policies Meridian has in place just because no legal action by the code enforcement was taken. • And last, if you do rezone, will you override the Idaho Senate bill 1428 giving him a curb and gutter on NIS survey line instead of leaving this a civil matter?