HomeMy WebLinkAboutLetter from Charlene Rokovitz~~ ~~za~/~ g~C~~L_
APR 2 7 2aaa
• ,e~(u,,,,~ CITY OF MEItII31A:\
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
bigger font but more importantly because it covers both the rezone and t C ~1~
a p~on`~ a ~~~G ~ Zl~~.aa.~
1 don'# know what to say that will come across to show our frustration with this
rezone.
230 W. Pine was rented to a business only this time they didn't bother #o 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 P8Z meeting,
they gave a warning and on the day it was to expire ms. Rice, and the
Smeckpeppers and I think but am riot sure the DeVaneys met with ms. Powell
and was told at that time to STOP all business activities. They did not however.
Evidence was shown at the Pi3Z mtg~ by the neighbors that a business was
• being run illegally out of the garage and ms. Rice was not Nving 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 npt to be run out of the garage or they
could revoke the permit. To date that has not been done.
(Because)
the Seal Go business continued to run out of the garage until a few days before
the P8Z mtg. The code enforcement was to give citations - none was given as
he said they were going to give a'summons' instead. However, that was not
done either 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. ft appears the rules and policies
of the city have been totally ignored witho~n rnnnpn~~enCe.
There is another issue in the Pis'Z rezoning app. about the property 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
k~yJlG/ J/V
curb gutter' put in where they say their'new' survey is~ 1 till haven't figured why
P$Z has taken it upon themselves to decide where th~roperty line is by
incorporating in th® 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 'shi ed' nd that when they
made W.Pine a'collector' street, they added footage~e said that they
probably resurfaced and put the monument where the added footage would be
appropriate. 1f you go by the 1903 plat -that was a suggestion for tha# 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. 1 don't know whose suggestion it was to 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 wouldd 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 don 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 ears
AF roe and because there was a ere or the past
3 years and everyone agreed that the fence 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 necessary f~people who had the understanding that for the past
numerous yearsp a owned their property. Even the Assessor stated that that
was the reason for fences. Until then, Merlyn, too accepted the fact that the
fence was the property line. If you will look a# the pictures, you will see a
RETAINING wall at the front of the property on Pine. There is the road, gutter,
sidewalk, and ~ lawn before you get to the wall. From the wall to MY
property line is exact. However, by their n_ew survey the property line goes back
51/2' which puts the survey property line up against my house. If you run a
straight line down Pine as in the'plaY it cuts the comer of the house off on W. ~~,ad
1st. ,
. ittdoesn't appear to be to just give'old town' a foothold. I hope your
will all the back door approach and consider the proof provided by the
Haig rs that was given you and deny this rezone. I sincerely 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 rezon®, wiN you override the Idaho Senate bill 1428 giving
him a curb and gutter on HIS survey line instead of leaving this a civil matter?
•