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CC - Appellant Appeal Packet RE: Request for Reconsideration 5-19REQUEST FOR RECONSIDERATION To: Meridian City Council From: Jim Jones, attorney for Elisabeth Songe (Appellant) Re: Frazier Council Review (H-2020-0011), City of Meridian The Appellant, Elisabeth Songe, acting through her attorney, Jim Jones, hereby requests reconsideration of the City Council’s decision of March 24, 2020, revoking Appellant’s Accessory Use Permit no. 2019-0388. The revocation was made in the proceeding designated as Frazier Council Review (H-2020-0011) on the grounds that Appellant had failed to hold a neighborhood meeting as required by Meridian Unified Development Code section 11-4-3-9(A)(6). This request for reconsideration is made pursuant to Meridian City Code section 1-7-10. Prior to addressing the deficiencies in the revocation proceeding, some preliminary comments may be appropriate. This attorney agreed this past weekend to represent Appellant in all matters through the course of these proceedings. Due to the short time frame for submitting this request, it was not possible to involve my law firm’s secretarial staff. Apologies are offered for the form of this document and the two supporting declarations. The grounds for seeking reconsideration are: 1.The record before the City Council on March 24 supported a finding that a neighborhood meeting was held by Appellant on November 21, 2019, and the complainant, Nicholas Frazier, had no basis to testify that the meeting did not occur. 2.Mr. Frazier’s appeal was tardy, if he is considered to be a party of record. 3.The notice of hearing for Mr. Frazier’s appeal was deficient in providing notice to Appellant that her childcare permit was in danger of being revoked. Appellant’s application file contains a copy of the neighborhood meeting notice, dated November 7, 2019. It is attached to the Declaration of Jenny Hay as Exhibit B. It says a neighborhood meeting was scheduled for 6:30 pm at the Songe home, 5343 N. Maplestone Ave., on November 21, 2019. The file contains a blank sign-up sheet, with the notation, “No attendance--spoke w/ some neighbors on street--didn’t care to attend/no concerns.” Granted, this is fairly slim evidence in the record as to the actual conduct of the meeting. However, there is no competent evidence in the record that a meeting did not take place. Mr. Frazier says he did not attend a meeting but he has established no basis to certify that it did not happen. The Declarations of Jenny Hay and Appellant show that there was planning for a meeting, the Appellant was present at the time and place scheduled for the meeting and that nobody came. Ms. Hay states in paragraph 2 of her Declaration that she contacted the Meridian Planning staff on behalf of the Appellant on October 30, 2019, to request the names and addresses of people who would need to be invited to the neighborhood meeting. That email is the sixth page of Exhibit A to her Declaration. She received those names and addresses from Kim Tabarini on November 7, 2019. Ms. Hay states in paragraph 3 of her Declaration that she and Appellant prepared the meeting notice on November 7 and that she personally mailed copies of the meeting notice to all of the property owners named on the list she received from the City--Nicholas Frazier, Roger Howell, Challenger Development, Inc., and Jump Creek Subdivision HOA, Inc. Specifically, she placed a copy of the notice in envelopes addressed to each owner and deposited the same, postage prepaid, in the U.S. mail on November 7, 2019. It should be noted that both of the Declarations submitted in support of the Request for Reconsideration are made under penalty of perjury under Idaho Code section 9-1406. As a general rule in Idaho, service of a document is presumed to have provided notice to the addressee at the time it is mailed in the manner Ms. Hay did in this case. Although this is not a court civil action, Rule 5(b)(2)(C) of the Idaho Rules of Civil Procedure provides that when a document is served by mail the “service is complete upon mailing.” There is no specific comparable provision in the Meridian City Code, but there are a number of provisions in the Code making the revocation of a permit “effective immediately upon mailing” by the City. The notice sent to Appellant in this proceeding contains that language. Mr. Frazier apparently claims that he did not receive the meeting notice, but there is a legal presumption that he did. Roger Howell, another landowner on the list provided by the City, acknowledged that he “did receive the notice in the mail for the neighborhood meeting.” See, Hay Declaration, Paragraph 3 and Exhibit A, 8th page. As further support that the notice was mailed, Ms. Hay states that she mentioned to the property manager of Jump Creek Subdivision HOA on November 18 that the neighborhood meeting was to take place on November 21. Hay Declaration, paragraph 3 and Exhibit C, page 1. Another thing to consider in this context is that Joseph Dodson, as the City’s Associate Planner, stated to the Mayor and Council in his Memorandum regarding Mr. Frazier’s appeal, that the Appellant had “submitted all required documentation to the Planning Department.” Elisabeth Songe certainly believed that she had done so. With regard to the issue of whether Mr. Frazier's appeal was tardy, It would depend on whether he was a party of record to the licensing proceeding. The Notice of Approval of Appellant’s application, dated January 2, 2020, states that an appeal of the licensing decision must be filed by a “party of record” no later than January 17, 2020. Mr. Frazier’s appeal was filed 5 days later on January 22. He would be an interested party, being within 100 feet of the Songe property, he was named on the list of property owners provided to Appellant by the City and Ms. Hay testified that she mailed him a meeting notice. That combination of factors could well qualify him as a party of record, making his appeal tardy. A more troubling factor is that the notice for the City Council’s March 24 public hearing on this matter did not advise Appellant that her childcare permit was in jeopardy, depending on what occurred at the hearing. A fundamental concept of Constitutional due process is that a person may not be deprived of a property interest without reasonable notice and an opportunity for a hearing. The hearing is not the problem here. The problem is that nothing in the hearing notice warned Appellant that her childcare license was at risk. She so states in her Declaration. The postcard notice, which is attached to Appellant’s Declaration as Exhibit A, says the hearing is “To Review Director’s Approval of an Accessory Use for a Daycare, Family(A-2019-0388).” There is nothing to indicate that a complaint had been lodged against her license or that the license might be subject to revocation as a result of the hearing. This is not intended as criticism of city staff because Ms. Hay and Appellant have been very appreciative of their professionalism and courtesy. It is just that the notice did not indicate what was at stake in the hearing. Elisabeth Songe is not proficient in English so it was even more difficult for her to understand what was at issue. She states in paragraph 3 of her Declaration that she was concerned about going to a public meeting the night of March 24 since there were government orders to not attend large meetings because of the disease. The City issued a social distancing order on March 21 and the Governor had declared a state of emergency on March 13. Nevertheless, Appellant states she would have attended the hearing if she had known that her license was in danger. Ms. Hay exercised reasonable diligence to ensure that Elisabeth followed all of the requirements for obtaining the childcare license, including preparation for the neighborhood meeting. Elisabeth and her husband were available at the time and place set for the meeting but nobody came. Earnings from the childcare business were one-half of the family income and those earnings allowed the family to purchase the home. Elisabeth’s husband has had his hours cut back because of the coronavirus disease, which will make it difficult for the family to make their house payments. For the foregoing reasons, it is respectfully requested that the Council grant reconsideration in this matter and vacate the license revocation. /s/ Jim Jones​_____________ Jim Jones, Bar Number 1136 Attorney for appellant Elisabeth Songe 800 West Main, Suite 1300 Boise, Idaho 83702 jimjjust27@gmail.com (208)513-4185 Declaration of Jenny Hay Re: Frazier Council Review (H-2020-0011), City of Meridian The Declarant, Jenny Hay, hereby states and declares, as follows: 1. I am the Project Manager of Refugee Childcare Business Development (RCBD) for the Economic Opportunity program of Jannus, Inc. Jannus is a non-profit corporation that operates a range of social service programs in the State of Idaho, including projects to facilitate self-sufficiency in Idaho’s refugee community. My project is designed to assist refugees in establishing and operating in-home family child care businesses, compliant with all local and state requirements. Most refugees are unfamiliar with our licensing or permitting systems, and many are not yet English-proficient, so a significant part of my work is directed toward assisting with obtaining child care licensing, as well as permitting, training, and certifications. We hire interpreters whenever needed to support our clients who are English language learners. 2. Elisabeth Songe has been a client of RCBD since 2016, when she began a licensed in-home childcare in her Boise rental home with the support of RCBD. I worked closely with Elisabeth and her husband, Didier, to set up Elisabeth’s child care in a new home they were purchasing at 5343 N. Maplestone in Meridian. On October 30, 2019, I emailed Meridian Planning staff to request the names and addresses of homeowners we would need to invite to the neighborhood meeting required under the City Code. I have attached a packet of pertinent documents, which is marked as Exhibit A, and that email is the sixth page of the attachment (please disregard the page numbers at the bottom of these pages). On October 30, I received a list of names and addresses of owners of thirteen properties that were indicated to be within 100 feet from the Songe property. The list was provided by Kim Tabarini and is the fifth page of Exhibit A. All but two of those properties were listed in the ownership of the developer, Challenger Development, or the homeowners’ association, Jump Creek Subdivision HOA. 3. I then worked with Elisabeth Songe, who is an English language learner and not yet English-proficient, to prepare a notice for a neighborhood meeting to discuss the application. The notice we prepared is dated November 7, 2019, an d attached as Exhibit B. The meeting was to be at the Songe home at 6:30 pm on November 21, 2019. I personally mailed four notices on November 7, 2019--one to Roger Howell, one to Nicholas Frazier, one to Challenger Development, Inc., and one to Jump Creek Subdivision HOA, Inc. I placed a copy of the notice in an envelope addressed to each owner and deposited the same, postage prepaid, in the U.S. mail on November 7, 2019. Page 10 of Exhibit A is a note I made to document the mailing of the notices. Page 8 is an email from Roger Howell, dated April 3, 2020, acknowledging that he had received the notice but decided not to attend the neighborhood meeting because he had no objection to the application. On November 18, 2019, I emailed the manager for the HOA, wh o I had been working with to get HOA approval for the childcare, to say that the neighborhood meeting was scheduled for the 21 st. This is what I said: “Elisabeth’s neighborhood meeting, per code, will be Thursday 11/21, then we’ll submit all the permit application docs to the city.” This appears on the first page of Exhibit C. 4. On November 22, 2019, the day after the scheduled neighborhood meeting, I received a text message from Elisabeth Songe and her husband Didier, who informed me that they had been home all night with the lights on but nobody came to the meeting. 5. This declaration is made on my personal knowledge and under penalty of perjury. Dated this 6th day of April, 2020. /s/Jenny Hay________________________________ Jenny Hay Jenny Hay From: Jenny Hay Sent: Thursday, November 7, 2019 2:43 PM To: Jennifer Hay Subject: FW: [EXTERNAL] 300 & 100 ft Radius - Neighbor addresses needed - 5343 N Maplestone Attachments: AddressList.csv, AddressLabels.pdf, AddressList.csv, AddressLabels.pdf 1 I � Jenny Y Ha (/IC Project Manager Refugee Childcare Business Development 1607 W Jefferson Street:: Boise, ID 83702 208-947-4262 :: jhay cr iannus.org eolannus.org ECONOMIC OPPORTUNITY BY JANNU& Privacy Notice: This message from JANNUS, Inc. and any attachments are intended only for the personal and confidential use of the addressee or the employee or agent responsible to deliver it to the intended recipient. It may contain information that is privileged, confidential and/or protected from disclosure under applicable law. If you have received this message in error, are not a named recipient or an authorized representative of the intended recipient, do not deliver, distribute or copy this transmission, disclose its contents or take any acting based on the information it contains. if you have received this commun�icatioi � in error, notify us immediately at 208.336.5533 and delete the message and any attachments from your system. From: Kimberley Tabarini [mailto:ktabarini@meridiancity.org] Sent: Wednesday, October 30, 2019 4:41 PM To: Jenny Hay <Jhay@jannus.org> 11 �:�� _ __ ,w_______,_,___:':___:�-- Cc: Bill farsons<Uparsons LWI11CtIUIaIILRy.org> Subject: [EXTERNAL] 300 & 100 ft Radius - Neighbor addresses needed - 5343 N Maplestone Good Afternoon Jenny, I left you a voicemail regarding this information. I received the forwarded message below from Bill Parsons our Planning Supervisor, since Kevin Holmes is no longer with the City of Meridian. Attached you will find two sets of the Property Owner Lists, one within a 300 ft. & and the other within 100 ft. radius of the property marked with a red X in the Vicinity Maps below. I have included the CSV raw data file as well as the PDF address file for each. Since we did not have enough information to determine if a 300 foot or 100 foot list was needed, I provided both. The City does not have a standard letter that is required for a neighborhood meeting. There are some key elements you should include when sending out your notices for that meeting: location, date/time, project name and a brief explanation/description of your project. Make sure to have a sign -in sheet at your meeting for neighbors to sign that they were in attendance. Vicinity Map �.�'s � hies 0 Legend rs a a xrc-h,-�yr -c c . trav-. a o. ne wcre�l C•, 1� = m ♦ a r • max. FTC;? ;r LG: �1x}n � -__.._ - _ _ _ y—. r• M:1 YC`?'�,yiT1 �1 "� H.p]w_ ♦], _h: �` .._ __..�S ��QMjGf TSy-`n7d+.t_-".�nfCt4f7.J _ ._ •7 % I 7, r fi�a©®.® L��F mood CrEEt i we r 1" WAY-LLA 4k C � w � R45 _K It ' � I R8 — c Q __. Y! b +auuarr 3►'i�.l -L �_i _ - _ LOFLOPXSS zz ,, CSE zDI1�.N U$er. Ooto-W NAt 3 Vicinity Map Legend C3Prof ci LCCGiicn I� Parcels-AdaCaunip R-4 Cher 61cL n• " LLi W Ww(t_ OR 0.176 ].35 I -Ales --.• h+r.+::»-. aav, en n:: -:tiro � ec—c •o !• _r..: 40 �_•: tee: e'e �ssiw-.r•: e:,.�_,..a ::- ,.s c •. s, -- ` k w R4 .C- h R.15 -r--;i—i ,3 300 FT /1 Map r 100 FT Map if you have any questions regarding the attached information please feel free to contact Bill Parsons or myself. My contact information is below. Kind Regards, Kim Tabarini I Administrative Assistant II City of Meridian I Community Development 33 E. Broadway Ave., Suite 102 Meridian, Idaho 83642 Phone: 489-0570 Built for Business, Designed for Living www.meridiancity.org All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to the Idaho law, 4 z z z z -V�Q z z x �� v A P � 4�h � -9:- •P 4 A •P v J v v V v J v v v v v v O rn rn rn rn rn rn rn am m m m m rn 70 00 00 00 00 00 00 00 w w m 00 00 00 0 rn rn rn rn rn rn rn rn rn rn m rn m O O O O O O O O O O O O O O O O W W W W N N I-� O O O (J) U') l!) M .A N O N O W M 4�, N l0 00 W O O O O O O O O O O O O O n n n n n n n n n -n _ _ _ _ _ = _ _ = = z C O ro D D> D D D D D D N �. 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From: Bill Parsons <bparsons@meridiancity.org> Sent: Wednesday, October 30, 2019 2:24 PM To: Kimberley Tabarini <ktabariniC«@meridiancity.org> Subject: FW: Neighbor addresses needed - 5343 N Maplestone Hi Kimmie, Would you please assist Ms. Hay with his neighborhood meeting list. He didn't provide enough information to know if it is the 300 or 100 foot radius. Thanks, Bill Parsons, AICP I Planning Supervisor City of Meridian I Community Development Dept. 33 E. Broadway Ave., Ste. 102, Meridian, Idaho 83642 Phone: 208-884-5533 1 Fax: 208-489-0571 t� H PIDIA Built for Business, Designed for Living ©0®m© All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to the Idaho law, in regards to both release and retention, and may be released upon request, unless exempt from disclosure by law. From: Jenny Hay <Jhav@iannus.org> Sent: Wednesday, October 30, 2019 2:17 PM To: Kevin Holmes <kholmes@meridiancity.org> Cc: nate@idahopropertypeople.com Subject: Neighbor addresses needed - 5343 N Maplestone Hi Kevin, My client Elisabeth Songe is about to close on a new home at 5343 N Maplestone, Meridian 83646. Elisabeth intends to re-establish her childcare business there, and I'd like to get ahead of the game on scheduling their neighborhood meeting, etc. Could you please email me names and addresses of the homeowners she will need to invite to her neighborhood meeting? Thank you! Jenny Hay Project Manager Refugee Childcare Business Development 1607 W Jefferson Street:: Boise, ID 83702 208-947-4262 :: ihay(a)-iannus.org eoiannus.org ECONOMIC OPPORTUNITY LSr PANNUS Privacy Notice: This message from JANNUS, Inc. and any attachments are intended only for the personal and confidential use of the addressee or the employee or agent responsible to deliver it to the intended recipient. It may contain information that is privileged, confidential and/or protected from disclosure under applicable law. If you have received this message in error, are not a named recipient or an authorized representative of the intended recipient, do not deliver, distribute or copy this transmission, disclose its contents or take any action based on the information it contains. If you have received this communication in error, notify us immediately at 208.336.5533 and delete the message and any attachments from your system. Jenny Hay From: Jenny Hay Sent: Saturday, April 4, 2020 8:34 AM To: Roger Howell Subject: Re: [EXTERNAL] Re: Inquiry re: Neighborhood meeting invite from Elisabeth Songe Hi Roger, Thank you for this. I mis-typed in my inquiry below; I meant to say I mailed the neighborhood meeting invitation to you in early November 2019 (not March). Please excuse the repeat request but do respond to confirm that it was November (around the 8th or 9th) when you received the invitation in the mail. Best, Jenny Hay, Project Manager Refugee Childcare Business Development Jannus Economic Opportunity (208)947-4262 From: Roger Howell <themortgageboss@gmail.com> j 3 -7 iV Mapl&-S v )L Sent: Friday, April 3, 2020 6:01 PM ' To: Jenny Hay <Jhay@jannus.org> Subject: [EXTERNAL] Re: Inquiry re: Neighborhood meeting invite from Elisabeth Songe Hi Jenny, I did receive the notice in the mail for the neighborhood meeting. i did not attend the meeting, as i have no objections to my neighbors having a day care business. From what I've seen, there have been zero issues in my neighborhood as a result of their business. If you need anything else, let me know. Roger On Fri, Apr 3, 2020, 4:46 PM Jenny Hay <Jhay(ajannus.org> wrote: Dear Roger, I appreciate your taking my phone call today. As I stated previously, your neighbor Elisabeth Songe (5343 N Maplestone) is my client and in November, I assisted her with applying for an Accessory Use Childcare permit. One requirement for the permit application was to hold a neighborhood meeting for property owners within 100' of Elisabeth's property line. As your property falls within this range, I drafted and mailed an invitation to you at 5337 N Maplestone on 11/7/2019. That mailing both described the nature of Elisabeth's Accessory Use proposal and invited you to a neighborhood meeting scheduled on 11/21/2019 at 6:00 pm. Please reply to this email to confirm whether or not you received this invitation in early March, and any subsequent decision whether to attend the meeting. If you have questions, please call me at (406)451- 3208. Thank you! Jenny Hay, Project Manager Refugee Childcare Business Development Jannus Economic Opportunity (208)947-4262 Jannus Economic Opportunity 1607 W. Jefferson St. Boise, ID 83702 x _r Pojanmis.org IVCs C'7t (—b% HJ6GQ fl t��/V,� , lelO ifi IM t[tWt I -7 16� 1 N-fkAAJS PvFwE 6� <J`�Ivw HAV . November 7, 2019 Subject: Neighborhood meeting for Elisabeth Songe family childcare Dear Neighbors, I am interested in establishing a family childcare within my home at 5343 N Maplestone Ave, where I will serve no more than six children under age 13 (including my own). I would like to provide an opportunity for my neighbors to ask questions or learnt more about my childcare plans. So, I will be hosting an informational gathering at my new home on III2�07 1 at 6, -3(-,) FM . If you are unable to attend but do have questions, please contact my husband Didier at (208)789-8687. I've also included some basic information below. How do Family Child Care Homes operate? Although I will determine my own program services, hours (within Meridian code), parent fees, etc, most family child care programs operate weekdays from 7 a.m. to 7 p.m. Since parents' work schedules differ, children may arrive over a period of two hours in the morning and leave during a similar period in the late afternoon. My husband will provide transportation for some children. This will reduce the number of vehicles likely to stop at our home at one time. Parents are encouraged to escort children safely to and from cars to the home. While children are in my care, I will be responsible for their supervision at all times, including indoor activities, outdoor play, and on walks or vehicle trips away from my home. I anticipate outdoor play time to be limited to one hour after 9 am and one hour after 1 pm, and noise will be kept below the maximum stipulated by Meridian officials. Thank you, Elisabeth Songe If you need further information or assistance, please contact: Meridian Planning Department: (208) 489-0573 (regarding neighborhood impact issues) dahoSTARS: 800-926-2588 Jenny Hay From: Jenny Hay Sent: Monday, November 18, 2019 3:11 PM To: Crystal -MGM Cc: kuzindila2004@gmaii.com Subject: RE: [EXTERNAL] RE: Jump Creek Subdivision HOA info Great —thank you Crystal. Even with just the small (6 or fewer) accessory use daycare, Meridian does require a planning and zoning permit application for approval, which includes contacting property owners within 100 feet and hosting a discussion meeting, submitting a narrative, a fire inspection, etc. I've worked with the city several times before and am confident helping Elisabeth with the permit application AND helping her (and her husband, CCed here) understanding the permit parameters per Unified Development Code. Elisabeth's neighborhood meeting, per code, will be Thursday 11/21, then we'll submit all the permit application docs to the city. The small childcares my clients operate are somewhat unique in that many provide transportation for their clients (including Elisabeth) which prevents any potential parking concerns or noise in the street/driveway. If any of the relevant property owners have questions, they have already received an invitation that includes a brief narrative, Didier and Elisabeth's contact info, my contact info, and the Meridian P&Z department contact. Best, Jenny Hay Project Manager Refuqee Childcare Business Development 1607 W Jefferson Street:: Boise, ID 83702 208-947-4262 :: ihay(a),iannus.orq eoiannus.orq ECONOMIC OPPORTUNITY ar JAW"Us Privacy Notice: This message from JANNUS, Inc. and any attachments are intended only for the personal and confidential use of the addressee or the employee or agent responsible to deliver it to the intended recipient. It may contain information that is privileged, confidential and/or protected from disclosure under applicable law. If you have received this message in error, are not a named recipient or an authorized representative of the intended recipient, do not deliver, distribute or copy this transmission, disclose its contents or take any action based on the information it contains. If you have received this communication in error, notify us immediately at 208.336.5533 and delete the message and any attachments from your system. From: Crystal -MGM [mailto:Crystal@gomgm.com] Sent: Monday, November 18, 2019 2:55 PM To: Jenny Hay <Jhay@jannus.org> Cc: kuzindila2004@gmail.com Subject: RE: [EXTERNAL] RE: Jump Creek Subdivision HOA info Jenny, Please refer to Section 3 below. You should be okay please make sure you check with the city for required permits. -Section 3. I lolnic Occupations. Assuming all governmental laws, rules, regulations, and ordinances are complied with, home occupations may he conducted from the interior or Dwelling Units provided such home occupations do not increase the burdens on the streets within the Property (including increased traffic), ll'the Board determines, in its sole and absolute discretion, that a home occupation is increasing the burden on the streets, the Board shall have the right to terminate any Owner -s ability to conduct a home Occupation from his or her Dwelling Unit. Notwithstanding the foregoing, Declarant rn y conduct any business operation it sees fit from any portion of the Property owned by it, regardless of the impact on the streets. Thank you, Crystal Account Manager POB 1246 Meridian, ID 83680 crvstalC@eomem.com www.gomgm.com (208) 846-9189 office (208)955-2675 fax MGM Expertise. Experience. Accountability How was our service? Please let us know by leaving a positive review. From: Jenny Hay Sent: Monday, November 18, 2019 2:48 PM To: Crystal -MGM <Crystal@gomgm.com> Cc: kuzindila2004@gmail.com Subject: RE: [EXTERNAL] RE: Jump Creek Subdivision HOA info Hi Crystal, appreciate your prompt response. Elisabeth does not plan to alter the exterior of her property in anyway — no signs, structures, or any other item visible to neighbors (her realtor told me a standard subdivision fence will be in place in a week based on the developer's plan). Based on the first question/answer on the attached document, it sounds like the board does not require any form from Elisabeth. Please let me know your thoughts — thanks! Jenny Hay Project Manager Refuqee Childcare Business Development 1607 W Jefferson Street :: Boise, I D 83702 208-947-4262 :: jhaylaaa*annus.org eoiannus.orq ECONOMIC OPPORTUNITY (•. i 1 � ti `� �J i Privacy Notice: This message from JANNUS, Inc. and any attachments are intended only for the personal and confidential use of the addressee or the employee or agent responsible to deliver it to the intended recipient. It may contain information that is privileged, confidential and/or protected from disclosure under applicable law. If you have received this message in error, are not a named recipient or an authorized representative of the intended recipient, do not deliver, distribute or copy this transmission, disclose its contents or take any action based on the information it contains. If you have received this communication in error, notify us immediately at 208.336.5533 and delete the message and any attachments from your system. From: Crystal -MGM [mailto:Crystal@gomgm.com] Sent: Monday, November 18, 2019 2:36 PM To: Jenny Hay <Jhav@iannus.org> Subject: [EXTERNAL] RE: Jump Creek Subdivision HOA info Jenny, I have attached an ACC form, please fill out and send back over to us. We will send it over to the board, once we get a response from them (we typically ask 2-3 weeks) it just depends how quickly they get back to us. Typically they respond sooner. Thank you, Crystal Account Manager POB 1246 Meridian, ID 83680 crystal@Bomgm.com www.gomgm.com (208) 846-9189 office (208) 955-2675 fax MSM Expertise. Experience. Accountability How was our service? Please let us know by leaving a positive review. From: Jenny Hay Sent: Monday, November 18, 2019 10:46 AM To: Crystal -MGM <Crystal@gomgm.com> Subject: Jump Creek Subdivision HOA info Hi Crystal, My client Elisabeth Songe just closed on a home in the Jump Creek Subdivision. I support refugee childcare providers, including Elisabeth, through business technical assistance and training to start and maintain small childcares (6 children or less). Elisabeth is a Swahili speaker, which is why she is not initiating this contact. I need a Jump Creek HOA contact to let them know that Elisabeth is planning to submit an accessory use permit app soon for an in-home family childcare. It looks like the HOA is currently managed by the developer CBH Homes —should I call them directly? Thanks, Jenny Hay Project Manager Refugee Childcare Business Development 1607 W Jefferson Street:: Boise, ID 83702 208-947-4262 :: ihay(a).lannus.org eoiannus.org re-ECONOMIC MW OPPORTUNITY 6T JAF/1 iiVl Privacy Notice: This message from JANNUS, Inc. and any attachments are intended only for the personal and confidential use of the addressee or the employee or agent responsible to deliver it to the intended recipient. It may contain information that is privileged, confidential and/or protected from disclosure under applicable law. If you have received this message in error, are not a named recipient or an authorized representative of the intended recipient, do not deliver, distribute or copy this transmission, disclose its contents or take any action based on the information it contains. If you have received this communication in error, notify us immediately at 208.336.5533 and delete the message and any attachments from your system. Jump Creek Subdivision PO Box 1246 Meridian, ID 83680 www.goMGM.com Phone: 208-846-9189 Fax: 208-955-2675 Elisabeth Songe & Didie. v_:_ .,.. 5343 N Ma u<„ wtta plestone Ave Meridian, ID 83646 RE: Architectural Submittal for 5343 N Maplestone Ave Account#: 44527 December 17, 2019 Dear Elisabeth Songe & Didier Kuzindila, The Architectural Review Committee for Jump a in home business at your residence. In this ase, the busirnacs r as reviewed and APPROVED hours between 7a— Q. Your -ACC rani,o�rr rNtn, has b -- 1�,nnrng an in home commigen reviewed and fni end to daycare during the ,.,00� ...:.� -inity in gerlerai and shall be allowed as long as there are no negative impacts; noise or traffic complaints for have a minirnai impact on the surrounding homes and the Please follow the plans you have submitted in your request and apply for provides direction and a permits that the City may require. The ARCample. approval based on neighborhood CCR-, and does not review projects for building code requirements or city ordinances. It is the homeowner's responsibility to coordinate all permits, city plan reviews, and to ensure all work is done in compliance with applicable codes, ordinances, and statutes. Your patience and cooperation with the architectural review process is appreciated. If you have any questions, please contact the association at www.goMG.com. ACC appr ova, aJ plans shall not constitute a representation, warranty, or guarantee thot such p/ens end specifications comply with engineering design practices or zoning and building ordinances, or other governmental agency regulations or restrictions. The ACC shall not be responsible forrevlewing, nor shall its approval of any plans or design, be deemed approved from the standpoint of structural safety or conformance with building or other codes. By approving such plans and specifications, neither the AA C, the Members thereof, the Association, any Member thereof, their Board of Directors any Members thereof, or the Declarant assumes any liability or responsibility therefore or for any deject in the construction or improvement from such plans or specifications. As provided in the CC&R's neither the ACC, the Association, the 9oord of Directors ct the Association or any Members thereof, not the Declarant or Developer shall he liable to any Member, Owner, Occupant, or other person or entity for any damage, loss or pre judice suffered orc/aimed on account of (1) the approval or disapproval of any plans, drawings, or specifications, whether or not defective, or (2) th work whether or not pursuant to the approved plans, drawings, or specifications. e construction or performance oJany Sincerely, Architectural Review Committee for Jump Creek Subdivision PO Box 1246 Meridian, ID 83680 208-846-9189 www.goMGM.com Declaration of Elisabeth Songe Re: Frazier Council Review (H-2020-0011), City of Meridian The Declarant, Elisabeth Songe, hereby states and declares, with the assistance of a Swahili-English interpreter, as follows: 1. I wish to appeal the final decision reached at the March 24, 2020 public hearing regarding the Frazier Council Review. I am requesting a reconsideration of that decision to revoke my Accessory Use Permit for a childcare at my home at 5343 N. Maplestone Ave. in Meridian. I think it was based on a mistake regarding the neighborhood meeting and another mistake about the possible outcome of Mr. Frazier’s complaint. 2. The letter of revocation I received, dated March 30, 2020, states that the Meridian City Council “…reversed the Director’s action due to insufficient evidence that a neighborhood meeting was held in accord with Meridian Unified Development Code 11-4-3-9(A)(6.” With the help of Jenny Hay at Jannus Economic Opportunity’s Refugee Childcare Business Development project, and my husband Didier, I completed invitation letters dated 11/7/2019 to the four owners of properties within 100 feet of my property, describing my proposed childcare and inviting them to a neighborhood meeting on November 21, 2019 at 6:30 pm. I asked Jenny Hay to mail the four invitations on November 7, 2019. The addresses to which Jenny mailed the invitations were provided to Jenny by Kim Tabarini with the City of Meridian. On November 21, 2019, I and my husband Didier waited at our 5343 N. Maplestone home all evening, with lights on, but no one came to join us for a meeting. In the permit application documents I submitted at City Hall, I included the invitation and sign-in sheet, with notation that no one attended. 3. Neither I nor my husband Didier attended the public hearing on March 24, 2020, because as English language learners, we were confused with the language of the public hearing postcard mailing and sign. Shortly after receiving the mailing, we attended a medical appointment and asked the ca se worker to review the mailing with us. My understanding, after a limited conversation with the case worker, was that the hearing was not required for me, but only for neighbors who had concerns or questions about my permit. I believed it was a formality and that I was only receiving the mailing to know I was invited to attend. Before the meeting, there were government orders to not attend large meetings because of the disease and we did not want to go anywhere that wasn’t required. I did not recognize the name listed on the sign (Nick Frazier) and did not understand that anyone had appealed my permit. A copy of the postcard we received is attached as Exhibit A. It did not say what the hearing was about or that my childcare license could be at risk. Had I known the hearing could result in my losing the permit, I would have been there. 4. The money I got from the childcare business is half of the family income and I don’t think we would have qualified for a home loan without it. My husba nd’s work hours have been cut back because of the disease and I’m afraid we won’t be able to make payments to the bank for our house if I don’t have my childcare money. It has taken a long time to save up the house money. 5. When I received the letter of revocation, I did not fully understand it and communicated immediately with Jenny Hay on April 2, 2020 for assistance. 6. This declaration is made on my personal knowledge and under penalty of perjury. Dated this 6th day of April, 2020. /s/ Elisabeth Songe Elisabeth Songe