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HomeMy WebLinkAboutJordan, Kathy CUP 02-038 12/26/2002 13:20 FAX 2088886854 MERIDIAN P&Z DEPT. ~ City Clerk ~001!OOl ~ Meridian Building Department Memo RECEIVED DEe 2 6 2002 Toe Dave Fl'ClIIC Daunt CQ file Datec 1212012002 ReI 410 Edgar cJaycare City ofMeridi!ln City Clerk Offlce I went by today and stopped ID see if there was any work being done without permits. I spoke with a lady that told me she was an employee and she did not know if anything was being done in the garage. I could see inlD the garage through the window that there was some shdll.lLk work going on. At that point I left and drove around the block.. I went back and posted the attached notice on the same window I had looked in. At this point, less than five minutes later, the window had black plastic on it from the inside. There is also an extension cord run from the outside receptade inlD the garage under the overhead door. Thanks, Daunt ~ DEe 25 '02 13:26 2088886854 PAGE. 01 Ol/09/2003 l3:23 FAX 2088886854 MERIDIAN P&Z DEFT. ~ City Clerk ~OOi MEMORANDUM RECEIVED JAN 0 9 2003 TO: Brad Hawkins-Clark FROM: Joe Venneman Code Enforcement Officer City Of Meridian City Clerk Office DATE: 1/9/03 SUBJECT: Update on Kathy JordaD Case (CUP 02-038) Per your request, below is a summary of developmeots on 1he above ease as of this date: December 23, 2002 This case was refurred to Sgt. Colaianni of the Meridian Police Department with instructions to cite Ms. Jordan for the following violations of the City's Zoning Code: 11-4-2 (A) ~hanging the use of a private residence to a group childcare home for up to 12 children without a Conditional Use Permit; 11-4-3 (A) - altering a structure which is a private residence into a group ohildcare home for up to 12 children without a VariaDce; 11-8-1- mlure to apply for and obtain a Conditional Use Permit to operate a group cbildcare home. December 30, 2002 1 was advised by Sgt. Colaianni that his Lieutenant directed him to not cite Jordan without hiMng the exact ordinance descriptions, and that he had to produce an internal, required "elements of the crimen report. To enable him to complete these reports I faxed him copies of the zoning codes which relate to the above violations as well as a copy of my investigative report. He confirmed receiving them on this date. January 3, 2003 Sgt. Colaianni informed me that officers from his department took a statement from one the named witnesses to the case, a Robert Kobza, earlier in the week and that there had been, or would be, an attempt to interview Ms. Jordan. He said these statements were needed to obtain enough information upon which to ba:;e a citation. He then advised that his department will not be issuing a citation to Ms. Jordan but instead has forwarded the case to the City Attorney's office for a review. It would be up to that office to issue a Complaint and Summons. Sgt. Colaianni explained that because his department is seldom involved in zoning cases, they felt !DOre comfortable having the City Attorney's office do the review and citation. January 6, 2003 I called the City Attorney's office and learned that Randy Grove is the attomey handing this file. I called and left messages on this date and January 7f', advising him of the necessity to cite this defendant prior to the upcoming January 14'b meeting of the Meridian City Council JAN 09 '03 13:30 2088885854 PAGE.01 01/09/2003 13:24 FAX 2088886854 IIERIDIAN P&Z DEPT. ~ City Clerk ~002 January 8, 2003 I went by Mr. Grove's office in Boise as I had not received a response to my voice messages. We discussed the case and Mr. Grove advised that be "would rather wait and see what the Council does on the 14tl1, " rather than take any action at this time. I pointed out that this defendant has beeo and remains in clear violation of the sections of the Zoning Code as outlined in my investigative report to him, but Grove remained unwilling to proceed with a Summons and Complaint. I informed him that I just on this elate received a copy of the Minutes from the December 191h, 2002 Planning & Zoning Commission, and he asked that he be provided with a copy. I hand delivered a copy to his office at 5:20 p.m. on this elate. January 9, 2003 I called Mr. Grove and confirmed that he did receive the Minutes. He gave no indication that this information would alter his decision not to cite the defeodan:t, and did not indicate when he would be able to read this material. I called Mr. Dick Swift at Health and Welfare. He stated that Ms. Jordan bas recently filed an application for a group daycare home with their department, but she has not made arrangements to date for a health inspection or fire inspection. She therefore remains unlicensed as of this date. He said he would confer with his depUlY AG to see what ifany action ean or will be takeo by their department concerning Ms. Jordan's continuing operation ofa day care. I am awaiting a call back on the outcome of this discussion. Mr. Swift said his department has been advised that Jordan is continuing to care for in excess of20 children each day (far over the 12 maximum allowed even ifshe were legally licensed and had a C.U.P.). JAN 09 '03 13:30 2088886854 PAGE. 02 12/26/2002 13:20 FAX 2088886854 MERIDIAN P&Z DEPT. ~ City Clerk ~ 0011001 / Meridian Building Department Memo Toe Dave Fl'ClIIC Daunt CC: file Da&8l 12/2012002 ReI 410 Edgar daycare RECEIVED DEe 2 6 2002 City Of Meridian City Clerk Office RECEIVED DEe 2 6 2002 City of Meridi!lTI City Clerk Offlce I went by today and stopped ID see if there was any work being done without permits. I spoke with a lady that told me she was an employee and she did not know if anything was being done in the garage. I could see into the garage through tile window that there was some sheetrock work going on. At 1tlat point I left and drove around the block. I went back and posted the attached notice on the same window I had 100ked in. At 1tlis point, less than five minutes later, the window had black plastic on it from the inside. There is also an extension cord run from the outside receptade inlD the garage under the overhead door. Thanks, Daunt ~ 1 WILLIAM R. SNYDER &. ASSOCIATES, P.A. ATTORNEYS AND COUNSELORS MARK O. PERISON" WilLIAM R. SNYDER . ADMITTED IN IDAHO AND CALIFORNIA 520 WEST FRANKLIN STREET. UPPER LEVEL BOISE, IDAHO 83702 (206) 336-6060 MAIUNG ADDRESS POST OFFICE BOX 2338 BOISE, IDAHO 83701-2338 www.l.\oTslegal.com FACSIMILE (208)343-4539 January 7, 2003 RECEIVED JAN 0 7 2003 Meridian City Council 33 E. Idaho Avenue Meridian, ID 83642 City Of Meridian City Clerk Office Re: Application for Conditional Use - File No. CUP-02-038 Kathy Jordan - dba Kinder College (Actual business is filed as Kinderkollege, Inc.) 410 East Edgar Court, Meridian, Idaho Dear Council Members: This office represents the Bedford Place Homeowner's Association, Inc., hereinafter the "Association." I write on their behalf to evidence the Association's opposition to Kathy Jordan's Application. I note that many of the Association's members (more than 30) have already individually voiced their opposition to this Application by means of a Petition that was presented to Planning & Zoning, at its meeting held on December 19, 2002. For the record, that Petition should be recognized by the Council as continuing evidence of our members' opposition. This letter voices additional objections, and is submitted independently through the Board of Directors of the Association. First and foremost, the Council must understand that the Association has a duty to enforce violations of the written Master Declaration of Covenants, Conditions, Restrictions, and Easements of the BedfordPlace Subdivision, hereinafter the "Covenants." The Covenants affect all Members (property owners) in the Bedford Place Subdivision. These Covenants prescribe or limit certain types of uses of all residential properties, and encumber Ms. Jordan's residential property. The Covenants are clear and unambiguous. As applicable, Section 5.13 of the Covenants states: Commercial Use Prohibited. No Lot shall be used at any time for commercial or business activity. . . . Meridian City Councii January 7,2003 Page 2 The Association has the same burden as the City of Meridian: It must follow the rule of law. The Association cannot permit Ms. Jordan or any other Member-Lot Owner in the Subdivision to use a property in a manner that violates the Covenants. The Directors of the Association have duly noted that the City of Meridian requires written covenants regulatin.g allowable uses of subdivision properties to be recorded as a part of the subdivision platting process so that all future owners will have advance notice of restrictions regarding property uses. That fact alone makes the Association wonder why the City would ignore the effect of these Covenants. Ms. Jordan is Simply not entitled to carry on her intended business activity at her residence under the Covenants. The Association expects the City of Meridian to support the very process it set in motion. Aside from the clear Covenant violation involved and fundamental principal of law, the Association is concerned about the adverse effects of this business activity on the Association. Our Members have already observed that the children under Ms. Jordan's daycare supervision are using the Bedford Place "common area" park. The Association has consulted with its insurance agent regarding those activities. There is some doubt as to whether the Association's liability insurance policy would provide coverage for claims arising from business activities on the Association's property. The Association might be required to purchase additional liability coverage if this business activity is allowed to operate and presents a different insurable risk. The Association believes it would be an unreasonable tax to impose on all Members for the benefit of Ms. Jordan, even if the Covenants were amended to allow business activities. The Association also notes, as did Planning & Zoning staff, that the "Applicant is knowingly violating existing City Code by operating the daycare without a conditional use permit." The Association is somewhat amazed that the City of Meridian would not be enforcing its own laws, when it is made aware of known violations. Such a policy would seem to encourage Meridian citizens to violate its laws. I have contacted the State of Idaho to verify the status of the Applicant's license as required by State law. I am informed that neither Kathy Jordan nor IGnderkollege, Inc. has a license to operate a daycare business of any type or size at 410 E. Edgar Court, Meridian, Idaho. It is unfortunate that Ms. Jordan waited until her right to use an approved daycare facility was no longer available to her, before she decided to use her residence improperly. It would be even more unfortunate if the City of Meridian chose to ignore the very reason for its laws, the companion laws of the State of Idaho, and the rights of the other people who must live by the rules and laws of our Association. Meridian City Council January 7,2003 Page 3 The Association respectfully requests that Council reject this Application request and enforce its laws. Sincerely yours, ff R Snyder WRS/es cc: AMI . Robert Kobza 415 East Edgar Ct Meridian Id 83642 RECEIVED JAN 0 7 2003 City Of Meridian City Clerk Office December 9,2002 Time Number Amount of Approximate ofveh kids dropped age off 0637 I I 0652 1 1 0654 I 1 0701 I I 0703 1 1 0710 1 1 0710 I I 0711 I 2 Infants 0715 oldest daughter left for school with friends 0724 1 1 0733 1 2 Preschool 0736 1 2 1 preschool 1 school aile 0806 1 2 1 preschool I school aile 0807 1 1 Preschool 0807 I 1 Preschool 0809 1 Five boys loaded into van and taken to school one of which was her school age child 0822 I 1 Preschool 0907 1 ? One car pulled into driveway unknown on kids 0908 0 2 One adult parked on North Arrow-wood Way and walked to the house. 0910 21 Cumulative total ~ , - Robert Kobza 415 East Edgar Ct Meridian Id 83642 January 6, 2003 Time Number Amount of Approximate of veh kids dropped age off 0647 I I 0700 1 1 0702 I 2 0706 1 I 0707 1 1 0712 1 2 0716 1 1 0727 1 I 0727 1 1 0755 1 2 0759 1 1 0823 3 kids left for school one of which was probablv her on son. 0855 1 1 0928 I 0 15 Cumulative total .