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Letter from Don FleckRECEIVED N011 2 7 2007 To the Meridian City Counsel Nov 27, 2007 ~h~~ This is in reference to a Conditional use permit application for the Selway apartments located adjacent to the Kelly Creek subdivision. ' This parcel of land (is/was) Zoned R4, there has been much discussion about this being approved for zoning of Rl7 (a designation that was never changed which doesn't exist, it should have been R15 or R40 according to the city web site). While I do not know the outcome of the latest Zoning Hearing regarding this issue, I voiced my concerns there but the decision was deferred to a later date: The deceptive nature of this action is an affront to the citizens of Meridian. Proper zoning is critical to the good faith of the residents. When I talked with a member of the zoning board they admitted that the zoning of this property was a mistake and should be been changed. The bottom line is that it wasn't changed. Our current Mayor told me on the phone that Idaho is a strong property r-fights state, Well, I am a property owner in Idaho and this action makes no consideration of my property rights. How can the property rights of a single individual, out weigh the rights of the many residents in the Kelly Creek and other neighborhoods affected. I when I purchased my home, this parcel was R4, that's what I expected, I have no problem this being designated R8, in fact there are several. parcels around my home that are R8. I do not want High. density apartments in my neighborhood If this were already zoned R15 or R40 High Density (townhouses, residential apartment buildings) and published on the zoning maps. I would have no issue because the pubic record would have reflected this at the time we purchased our home. However, this is not the case. The zoning maps show this as R4. You cannot fnd reference to an authorization to build these 171 units unless you dig into transcripts of the proceedings on the original hearing regarding this subdivision. This amount of research is unreasonable to expect a prospective purchaser of the home to have to go back to 2002, to review the minutes of planning meeting to find our who your neighbors are going to be, when the zoning map show that it is R4! If the zoning was not properly designated it should the responsibility of the original seller/owner to ensure that all. of the details are done prior to selling a parcel of land. The developers knew the zoning wasn't approved for R40, it therefore should be a risk of doing business and that the City of Meridian should not be held liable for not allowing a change of zoning contrary to the wishes of the residents. . I respectfully ask that you deny this request for a variance in the zoning of this 10 acre parcel of land.and, deny the conditional use permit to build 171 apartments on this same 10 acres. Thank You on FlecK 5197 N Black Sand Ave Meridian ID 83646 208 855 0832