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HomeMy WebLinkAbout2025-09-18 Margie Williams 2 Charlene Way From:Margie Williams <margie.g.williams23@gmail.com> Sent:Wednesday, September 17, 2025 11:55 PM To:City Clerk; Sonya Allen Cc:Kate Bartles: Attorney Subject:Subject: Correction to Record – Fire Access and Idaho Code § 50-1331 External Sender - Please use caution with links or attachments. Dear City Clerk, Please enter the following correction into the record for the August 21, 2025 Planning & Zoning hearing on Cherry Blossom East (H-2025-0030). At the hearing, I testified: “Idaho Code § 50-1331 requires every plat to provide for fire protection before approval. That is the developer’s burden. … The new plat removes our historic municipal access route and the only route fire trucks have historically used to reach my home and my neighbor’s home, with no turnaround or replacement access provided- existing homes lose fire protection. Rather than address this statutory requirement, the Chair referred the matter to the applicant. The developer responded only that they had “talked to the fire department” and were “improving the safety” by paving and adding a hydrant. The Commission then moved on without addressing the legal issue. The minutes further show both a Commissioner and the applicant acknowledging that this driveway has long been in use for fire and sanitation access: “…it’s very clearly evident that the gravel driveway that’s currently there is in use. That’s how vehicles are getting in and out, especially the larger ones.” (Commissioner Rust) “As Ms. Williams stated, historically they have used adjacent property – the gravel area on this property and the neighbors for access for trash pickup, as well as their access…” (Applicant Breckon) 1 Correction for the record:  Idaho Code § 50-1331 mandates that every plat must provide for fire protection before approval.  The burden is on the developer to demonstrate that the new subdivision provides compliant fire apparatus access, turnarounds, and hydrant placement.  The developer’s statement that “safety is improved” does not address or satisfy this statutory requirement.  The record contains no written findings from the Meridian Fire Department addressing how existing homes will retain compliant access and turnaround. Reliance solely on the applicant’s assurances is insufficient under Idaho Code § 50-1331 and does not constitute substantial evidence.  The Cherry Blossom East plat, as designed, eliminates our existing fire truck turnaround and narrows access to a 300+ ft driveway without replacement. This does not meet the requirements of the International Fire Code (IFC 503) or UDC fire access standards.  The applicant’s paving and hydrant are improvements within the Cherry Blossom East plat only. Our properties have no easement rights to that land, nor do we seek them. These features do not provide fire protection for our homes and cannot substitute for the access and turnaround being removed.  The Commission cannot lawfully approve a plat that reduces or eliminates fire protection for existing homes, nor can it shift the obligation onto adjacent property owners.  features do not provide fire protection for our homes and cannot substitute for the access and turnaround being removed.  The Commission cannot lawfully approve a plat that reduces or eliminates fire protection for existing homes, nor can it shift the obligation onto adjacent property owners. Final Correction: The record must reflect that my testimony citing Idaho Code § 50-1331 was dismissed without findings, and that the developer’s assurances do not substitute for compliance. The Commission’s own minutes confirm this access has historically been used for fire and sanitation services, making its removal even more significant. Any attempt to treat our driveway as “combined” or “abutted” with Cherry Blossom East would be factually false, legally unsupportable, and constitute a taking of private property without compensation. Our driveway is a separate, private access approved by the City in 2000, and we do not consent to its use or inclusion in the Cherry Blossom East subdivision. 2 Respectfully, Marjorie Williams 1251 NW 4th St. Meridian, ID 83642 3