Withdrawal1-01-1995 0:03AM FROM
P. 1
January 14, 2003
City Clerks Office
.Meridian, Idaho 83642
To Whom it may Concern;
RECEIVED
JAN 14 2003
City Of Meridian
City Clerk Office
Due to the harassment I have suffered from at the hands of my neighbors, certain city
officials and my subdivision association, I am choosing to withdraw my application for a
conditional use permit for my home at 410 E. Edgar Court. I intend to use the existing
accessory use permit which was granted in 1997 and determined to still be in effect at the
December 19`h Planning and Zoning meeting.
Because of the expense of this situation and the fact that I have been forced to cancel
contracts with most of my clients, I am forced to file bankruptcy and am in serious danger
of losing my home. At this point, i believe that I must concentrate my efforts on finding a
way to save my home and helping my family through this devastation.
Last evening, the decision was made to give up my fight for my rights after a long
discussion with my attorney. I believe that my efforts to save my business and support my
family have been in vain.
Sincerely,
Kathy Jo
Kinder Koilege, Inc.
JAN 14 '03 10:47
Por.= n,
WHITE PETERSON
WHITE, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE & ROSSMAN,
P.A.
ATTORNEYS AT LAW
KEVIN E. DiNlus
PHILIP A. PETERSON
CANYON PARK AT THE IDAHO CENTER
MERIDIAN OFFICE
KLEIN FISCHER
Wm.
Wm. F. GICRAY, III
ERICA S. PHILLIPS
ERIC S. ROsSMAN
5700 EAST FRANKLIN ROAD, SUITE 200
830 NORTH MAIN STREET, SUITE 200
T. GUY HALLAM, JR.*
TODD A. ROSSMAN
NAMPA, IDAHO 83687-8402
POST OFFICE BOX 1150
D. SAMUEL JOHNSON
DAVID M. SWARTLEY
TEL (208) 466.9272
MERIDIAN, IDAHO 83680-1150
WILLIAM A. MoRRow
PAMELA J. TARLOW***
FAX (208) 466.4405
TEL (208) 288-2499
FAX (208) 288.1193
WILLIAM F. NICHOLS*
TERRENCE R. WHITE**
CHRISTOPHER S. NYE
NICHOLAS L. WOLLEN
*ALSO ADMITTED IN OR
PLEASE REPLY TO
"ALSO ADMITTED IN WA
'
NAMPA OFFICE
'"*ALSO ADMITTED IN CA
January 21, 2003
William R. Snyder
William R. Snyder & Associates, P.A.
Post Office Box 2338
Boise, Idaho 83701-2338
Re: CUP-02-038 Application by Kathy Jordan
Dear Bill:
JAN 2 12003
City Of Meridian
City Clerk Office
Thank you for your letter of January 15, 2003. Please note that the City did not
deny the conditional use permit application, but rather, since Mrs. Jordan withdrew her
application, there was nothing upon which the City could act. Additionally, we received
information from the State of Idaho that Mrs. Jordan had withdrawn her application for a
day care license, as a family day care home. It thus appears she intends to operate a day
care service for less than six children.
With regard to the subdivision covenants, please understand that the City is not in
the business of enforcing subdivision covenants. As you are well aware, your client, the
homeowners association, has the right to enforce its covenants in the District Court.
Lastly, we will conduct our research into whether the accessory use permit lapsed
or was abandoned. However, please note that there are no specific provisions in the
Meridian City Code which address that issue. Please also let your clients know that the
Code Enforcement Officer will monitor Mrs. Jordan's property to ensure that there are no
violations of existing city code. Although your comments with regard to the difficulty in
determining violations are noted, we expect that the neighbors will keep a close eye on
Mrs. Jordan and will report any violations that they see.
Very truly yours,
Wm. F. Nichols
Cc: Mayor Robert D. Corrie
Meridian City Council
Brad Hawkins -Clark — P & Z
William G. Berg, Jr. — City Clerk
Joe Venneman — Code Enforcement Officer
Z:\Work\M\Meridian\Meridian 15360MUordan Kathy CUP-02-038\Snyder Ltr 0121 03.doc
IJi 15/ 2003 16: 55
2083434539
SNYDER AND ASSOC
F,AGE- bit 02
MARKO. PERISON'
WILUAM R. SNYDER
ADMITTED IN IDAHO
AND CALIFORNIA
W✓rrrwt=logol.cOm
WILMAm R. SNYDER & ASSOCIATES, P.A.
ATTORNEYS AND COUNSELORS
620 WEST FRANKLIN STREET, UPPER LEVEL
BOISE, IDAHO 83702
(208) 33MOSO
January 15, 2003
VIA FACSIMILE: 466-4405
William F. Nichols, City Attorney
City of Meridian
830 E. lst St., Suite 200
P.O. Box 1150
Meridian, ID 83680-1150
Re: CUP-02-038 Application by Kathy Jordan
Dear Bill:
MAILING ADORESS
POST OFFICE BOX 2338
BODE, IDAHO 83701-2338
FACSIMILE
(20B) 3434539
I write this follow-up letter on behalf of the Bedford Place OvtMers Association.
I understand that the City Council decided to deny Ms. Jordan's CU application
based upon her last minute election to withdraw the application. As you know,
Bedford Place's Board was present and prepared to testify against the application, as
were many adjacent homeowners and concerned residents,
I also understand, from the comments of the Mayor, that a legal decision has
not been reached regarding Kathy Jordan's right to conduct a day care business for up
to five (5) children under an "accessory' permit that was issued in 1997. The legal
issue, as it was defined at last night's hearing, tivas whether that accessory permit i4a.s
still valid based on the lapse of time, i.e. is such a permit good forever?
The Bedford Place Board continues to object to any "business" use of members'
property because of an unequivocal CC&R prohibition against business activities
affecting Ms. Jordan's and all members' property. The Bedford Place Board hopes
that the City of Meridian will support and honor those property rights that Were
approved by the City.
The Board and many adjacent property owners are also concerned that Code
Enforcement officers will have a most difficult burden to monitor Ms. Jordan's
business operation to ensure that she does not have more than five day care children
01i15i2003 16:55 2083434539 SNYDER AND ASSOC pAut
%. of
William. F. Nichols
City of Meridian
January 15, 2003
Page 2
per day at her home. History has also proven that such a determination can be most
difficult.
It is not my place to direct you with regard to your pending legal analysis;
however, I thought it might be helpful to provide you with some of the background
information I discovered in contemplation of making a presentation to the Council.
Here is what I have found.
I. The State of Idaho defines a day care service for less than six children as
a "Family Day Care Horne" (I.C. § 39-1102), and such a service does not require the
State to issue a license that would have been necessary under the terms of the CJ
request. However, I.C. § 3 9-1114 makes it clear that a family day care home
operator can elect to be licensed and receive the benefits of licensing.
2. Additionally, I.C. § 39-1106 makes it clear that a State license is only
valid for a period of two (2) years and must be renewed thereafter. Perhaps the City
should use a corresponding term of grant under its accessory use permit. Also note
that under I.C. § 39-1101 Policy, the State clearly allows for more stringent
regulation as it prohibits less stringent regulation under I.C. § 39-1108.
3, Additionally, I would suggest that the accessory use permit was forfeited
when Kathy Jordan elected to stop operating her business at 410 Past Edgar Court,
and elected to operate a larger business under Mnderkollege, Inc. at a State of Idaho
licensed location.
Please advise me when you've had the opportunity to make your legal
determination_
Sincerely yours,
illiam R. Snyder
VVTS/es
cc: Dave Crandall — AMI
Bedford Place Owners Association Board