HomeMy WebLinkAbout2023-09-12 Mike and Mailissa Barnard
Charlene Way
From:Mike and Malissa Bernard <mmbernard1@msn.com>
Sent:Tuesday, September 12, 2023 8:40 AM
To:City Clerk
Subject:Fwd: ZOA
External Sender - Please use caution with links or attachments.
Good morning!
Please attach to the ZOA amendment file, public comments for this evening.
Thank you for all that you do!
Sent from my iPhone
Begin forwarded message:
From: Mike and Malissa Bernard <MMBERNARD1@msn.com>
Date: August 29, 2023 at 9:03:00 AM MDT
To: Luke Cavener <lcavener@meridiancity.org>
Subject: ZOA
Good morning, Councilman Cavener,
Thanks for reaching out. Things are settling down, and I am available for you to call at 208.599.3058 if
that works for you, text-friendly, too. I really appreciate how you interact with Citizens and Business
alike, as you put that person when their knees are knocking at the microphone at ease by saying thank
you and throwing them a warm smile.
I may be able to cover a few items quickly here that may not warrant any follow-up. What spoke to me
was limiting the “wasting” of time in the process, and that is always an aspect of the process, yet it is
very applicable to the person risking the loss of the application monies, the hassle of signing and posting
notice, the notice printed in the paper, the time crafting the complaint based on the findings or some
other unheard modifier, thus putting themselves out there to be rejected. It is a much higher risk and
fallout possibility for the City of Meridian to rein in and limit possible access to our duly elected persons,
whether it is indeed a case of windmill tilting or something that could possibly change the course of the
decision, and no one wants to be the City defendant wasting taxpayers’ money later when an hour
might suffice for the complaint in Chambers.
There will be the occasional seemingly out-there complaint perceived to have little to no basis, yet you
are doing the duty in which you have been elected, and if the decision in a “nay” decision then goes
forth to judicial review at District Court, then possibly the State of Idaho Supreme Court, and if they
have-- however subjective--- steam then perhaps the US Supreme Court, that is between the applicant
and their counsel, character, fortitude, and conscience not to mention risk-and-judgment weighing
within themselves. You, as a Council, have checked the box in the process, listened with respect, and
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rendered your decision based on the evidence, and not some obstacles in place to winnow the chaff
that may not be necessary or under terms very well-defined as it stands.
Today’s non-conforming complaints are sometimes tomorrow’s new case law, as one can see in any of
the numerous Givens Pursley Land Use Handbooks for various topics, for example, or any other law
firms’ articles regarding cited cases.
As to the distance, many neighbors are impacted by children at all hours in a larger group, or delivery
trucks constantly or customers of a small in-home business and the hours thereof, especially if that
business grows-- thinking Scentsy’s humble beginnings or computer and tech giants that started in the
garage--or there may be patrons of a nearby business or community activity collaterally impacted by the
application yet not falling under a perceived bona fide or distance evaluation. What-if’s need to be
heard, and sometimes that is outside a radius mark or supposed qualifying piece of paper. Perhaps the
additional posting of signs outside the vicinity of 100 feet, such as half a dozen additional smaller signs
on roads more travelled near the applicant’s site.
There are no convoluted items here, as there is much to be heard and decided in Chambers, and that
includes weighing verbal or written testimonies. I doubt you will have those in face paint or buffalo
heads, but you need to be accessible, open to complaints seeking resolution, and available without
obstacles.
There are a lot of details and items, additionally, changed in-house that are very different from the
agreed upon concepts and expectations presented in Chambers in which the general public’s voices are
silenced without recourse unless they are combing through City files frequently and then point it out
seeking resolution.
Extra stories or two within new zone parameters? Wow. Now someone in the County might not be able
to grow vegetables because of the shade cast or feel private in their backyard anymore, forcing them to
throw up their hands in frustration and sell. That’s progress, I suppose, but sad for them as those
parcels disappear and their voices are reduced to a whisper.
Have a great day, and my best to you and your family. Thanks for always being approachable and
accessible!! Thank you to you and the Council for your service. I was in support of more pay for your
duties.
Malissa Bernard
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