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HomeMy WebLinkAboutLETTERS - 154 Rosewood - CUP for non-family housing for 4 studentsDL or SSN: LA211170D ID ) NOTICE IS HEREBY GIVEN that the above -entitled case is hereby set for: Court Trial Thursday, June 26, 2003 01:30 PM Judge: Mark S. Rammell Courtroom: Magistrate Courtroom I hereby certify that the foregoing is a true and correct copy of this Notice of Hearing entered by the Court and on file in this office. I further certify that copies of this Notice were served as follows on this date Friday, June 13, 2003. Defendant: Jeanene Dennett Mailed Hand Delivered Private Counsel: Mailed Hand Delivered M. Patrick Duffin 525 9th Street Idaho Falls, ID 83404 Prosecutor: Stephen P Zollinger Mailed Hand Delivered ` Officer g Lynn Archibald City Of Rexburg Police Department mai �vv vvti 26001+ L]16+P DPIaar LJCIassD Home Address Persons ❑ Placard H ED Other azardous Materials Business Address -- - THE UNDERSIGNED OFFIrER (PART.) HEREBY CERTIFIES AND SAY- Icar. Ph N DL or - I have reasonable SS# (,- A � f +( -�_ ..grounds, and believe the Height r 1 above-named Defendant, Wt. (� Hair. S', I .�, Eyes State Doth _ Sax. .�M Model State Yr�f Vehicle Did commit the followi Color 1� '"` Make VIO. #1 qg acta�� 2 nl� �+r_ r at O'clock --y n c � M. vio, 09QS�i� iii r ( Location L coags LL Hwy ,...� action f/ Officer/Party. County, Idaho. Dates Serial #- 11/1, f Witnessing Officer Dept. �- THE STATE OF IDAHO TO THE ABOVE NAMED DEFENDANT: Serial #- ddr� . You are hereby summone District Court of �6AtJ d to appear before the Clerk of the orated at tiOUgjypE *OH County, Magistrate's Court of the REf $ `' on the , Idaho, j . 20C,"k , at day of } I acknowledge receipt of this summons«�-b'clock�. and IM' Promise to appear at the time indicated. '.� service upon the defendant Personally ly n111..._ 20 Mr. Lynn Archibald Rexburg City Police Chief 12 North Center Rexburg, ID 83440 RE: Jeanine Dennett Enforcement Request. Dear Chief: Attached are pertinent letters as to the long and colorful history associated with the illegal apartment in Ms. Dennett's basement. This apartment is illegal on multiple counts. Among these is the fact that the lot does not meet minimum size criteria under the zoning ordinance and as well as for the fact that there is not a conditional use permit issued for the observed use. Mr. Hossner's letter (attached) states that Ms. Dennett is not renting out her home. City staff have received multiple complaints and have verified directly with occupants that they are indeed under contract to live in the unit and that they have been paying rent. We also have had them verify that they are not related to the owner. Please serve Ms. Dennett with a misdemeanor offense as per City Ordinance 725. Thank you for your assistance. Sincerely, Rexburg, ID 93440 Dear Jeanine, I received a letter $om your attorney dated March 12, 2002 concerning a letter that I had - sent you dated 2/28/2002 and have attached my response to your attorney along with a copy of his letter to me to the back of this document. If you have any questions please give me a call at 359-3020 ext. 324. Sincerely, Val Christensen Building Official Lynn Hossner 109 North Second West St. Anthony, Idaho 83445 Dear Mr. Hossner, I am sorry that I took so long in responding to your letter dated March 12, 2002 that concerned the Jeanine Dennett property in Rexburg. This piece ofproperty has a history of problems associated with it that started at conception. The first problem began when the owner and builder began to diverge from the plans that had been submitted to and approved by our building department. During our framing inspection it became clear that the structure that had been built was different than that of the approved set ofplans. I instructed the builder at this time that while the structure was compliant with code, any use other than single family residential was not allowed by zoning. The builder assured me that the new configuration of the basement was constructed so that the owner could accommodate family member visits. During my final inspection, I observed that a full kitchen had been installed, a door had been placed in a location to accommodate two residences, concrete parking (in addition to the driveway) had been placed on the side and in front ofthe home and a sidewalk had been constructed from the back door of the basement to the side parking area. It was clear that the basement was being set up as an additional dwelling unit. At this time the owner informed us that she intended to rent out the basement to college students. She was informed that to do so she would have to apply for a conditional use permit. An additional dwelling unit is allowed in Rexburg's LDRI zoning with a conditional use permit and if it meets some basic requirements (lot size, parking, etc.) While doing some basic research on the project, it was discovered that the lot was under the 10,000 sq. ft. minimum area required for an additional dwelling unit Ms. . Dennett was informed that the Unit rnlilrl in nn xuav ha neA i ao a +« a + Tl Val Christensen Building Official c. c. John Millar Steve Zollinger Jeanine Dennett Val Christensen City of Rexburg P.O. Box 280 Rexbuig, Idaho; 83440 Re: Jeanine Dennett Dear Ah Christensen: I represent Jeanine Den nett regardingyour February 28th letter. to her; Ms. Dennett advises me she is not renting out her home. Her father lives, with her who has the onset of alzhenn is and dementia. She has a lady living with her who helps with her father and gives her companionship. In your letter, you advised she should explain her current occupancy status "to avoid further action." I do not kriow of any action taken against her up to this point; however, I hope this will put this matter to rest. c: Jeanine Dennett L_u..}sas Jca Ic t UIIUML 154 Rosewood Rexburg, ID 83440 Dear Janine, Our office has recently received complaints that you are in the process of renting out a portion of your home. Your home is not allowed to be used as a two family dwelling or any type of apartment. It does not meet the requirements of the zoning ordinance for any use other than single family. If you feel that the allegations that have been leveled against you are incorrect, please provide me with a letter that explains your current occupancy situation. If indeed any portion of the home is being rented out as a separate dwelling, please terminate the inappropriate use immediately and send me a letter indicating that the problem has been taken Care of I will expect to hear from you by March 11, 2002 to avoid any further action from this office. If you have any questions please give me a call at 359-3020 ext. 324. I will be out of town from, March 4t' to the 8`h. If you need assistance during this time frame, you can get in touch with Stephen Zollinger at exL 316. Sincerely Val Christensen Building Official cc: John Millar Stephen Zollinger MAY BE. THE SAME AS: PAGE: 01 FOR OLN/LAR11.170D. NAM/DENNETT, JEANENE. RES/ 154 ROSEWOOD DR REXBURG ID 83440. OFFICIAL INVESTIGATION PURPOSES ONLY PRIVACY FLAG. #x• OPR STATUS/VALID. ## CDL STATUS/NOT LICENSED. CLASS/D. ## E::XP/05--07-2004. OLT/DRIVE=R LICENSE. TRANSACTION/DUPLICATE. SEX/F. HAI/BLN. EYE/BLU. DOB/05•-07-194=. SOC/518505889. ORGAN DONOR HGT/507. WGT/150. ISS/03-07-2002. REC/33002@EE0009. CNTY/MADI. AKA NAM/FULLMER, JEANENE. AKA ANA OL -N/518505889. ANA CITN/08--10.....19950. 08-02-1993A.BASIC RULE. CITN/05--03--19960. 04-11--1996A. TRF" CTRL. DVC„ CITN/06-25-1997C. 06-03--1997A.TRF- CTRL UVC. CITN/10--28--1998C. 10-14--1998A. BASIC RULE. ORD DEGREE/INFR. END OF RECORD END OF MESS DOB/05-07-1942. OLS/ID. CTY.REXBURG. ISP.MADISON. CTY.IDAHCI FALLS. SHR. MADISON. Mr. Lynn Archibald �v✓� �o�_ Rexburg City Police Chief 12 North Center Rexburg, ID 83440 RE: Jeanine Dennett Enforcement Request. Dear Chief: Attached are pertinent letters as to the long and colorful history associated with the illegal apartment in Ms. Dennett's basement. This apartment is illegal on multiple counts. Among these is the fact that the lot does not meet minimum size criteria under the zoning ordinance and as well as for the fact that there is not a conditional use permit issued for the observed use. Mr. Hossner's letter (attached) states that Ms. Dennett is not renting out her home. City staff have received multiple complaints and have verified directly with occupants that they are indeed under contract to live in the unit and that they have been paying rent. We also have had them verify that they are not related to the owner. Please serve Ms. Dennett with a misdemeanor offense as per City Ordinance 725. Thank you for your assistance. Sincerely, - x/I / Rexburg, ID 93440 Dear Jeanine, . I received a letter from your attorney dated March 12, 2002 concerning a letter that I had sent you dated 2/28/2002 and have attached my response to your attorney along with a copy of his letter to me to the back of this document. If you have any questions please give me a call at 359-3020 ext. 324. Sincerely, Val Christensen Building Official Lynn Hossner 109 North Second West St. Anthony, Idaho 83445 Dear Mr. Hossner, I am sorry that I took so long in responding to your letter dated March 12, 2002 that concerned the Jeanine Dennett property in Rexburg. This piece ofproperty has a history of problems associated with it that started at conception. The first problem began when the owner and builder began to diverge from the plans that had been submitted to and approved by our building department. During our framing inspection it became clear that the structure that had been built was different than that of the approved set ofplans. I instructed the builder at this time that while the structure was compliant with code, any use other than single family residential was not allowed by zoning. The builder assured me that the new configuration of the basement was constructed so that the owner could accommodate family member visits. During my final inspection, I observed that a full kitchen had been installed, a door had been placed in a location to accommodate two residences, concrete parking (in addition to the driveway) bad been placed on the side and in front ofthe home and a sidewalk had been constructed from the back door of the basement to the side parking area. It was clear that the basement was being set up as an additional dwelling unit. At this time the owner informed us that she intended to rent out the basement to college students_ She was informed that to do so she would have to apply for a conditional use permit. An additional dwelling unit is allowed in Rexburg's LDRl zoning with a conditional use permit and if it meets some basic requirements (lot size, parking, etc.) While doing some basic research on the project, it was discovered that the lot was under the 10,000 sq. ft. minimum area required for an additional dwelling unit. Ms. . Dennett was informed that the unit could in nn wnv ha „mPri Penn nnnrfn, n+ ri— Inc rely, Val Christensen Building Official C.C. John Millar Steve Zollinger Jeanine Dennett Val Christensen City of Rexburg P.O. Box 280 Rexburg, Idaho; 83440 Re: Jeanine Dennen Dear Mr. Christensen: I represent Jeanine Dennett regarding your February 28th letter. to her. 1VIs. Dennett advises me she is not renting out her home. Iler father lives with her who has the onset of alzheimer's and dementia. She has a lady living with her who helps with her father and gives her companionship. ?n your letter, you advised she should explain her current occupancy. status "to avoid further action." I do not know of any action taken against her up to this point however, I hope this will put this matter to rest. c: Jeanine Dennett 7111 fsas Jt.6 IQ 1 UMVLL 154 Rosewood Rexburg, ID 83440 Dear Janine, Our office has recently received complaints that you are in the process of renting out a portion of your home. Your home is not allowed to be used as a two family dwelling or any type of apartment. It does not meet the requirements of the zoning ordinance for any use other than single family. If you feel that the allegations that have been leveled against you are incorrect, please provide me with a letter that explains your current occupancy situation. If indeed any portion of the home is being rented out as a separate dwelling, please terminate the inappropriate use immediately and send me a letter indicating that the problem has been taken Care of I will expect to hear from you by March 11, 2002 to avoid any fiuther action from this office. If you have any questions please give me a call at 359-3020 ext. 324. I will be outof town from, March 4th to the 8th. If you need assistance during this time frame, you can get in touch with Stephen Zollinger at ext. 316. Sincerely, Val Christensen Building Official cc: John Millar Stephen Zollinger i.i-r •w��.rvvvu Rexburg, ID 83440 Dear Jeanine,. I received a letter from your attorney dated March 12, 2002 concerning a letter that I had sent you dated 2/28/2002 and have attached my response to your attorney along with a copy of his letter to me to the back of this document. If you have any questions please give me a call at 359-3020 ext. 324. Sincerely, �Y Val Christensen Building Official Lynn Hossner 109 North Second West St. Anthony, Idaho 83445 Dear Mr. Hossner, I am sorry that I took so_ long in -responding to your letter dated March 12, 2002 that concerned the Jeanine Denrett property in Rexburg. This piece ofproperty has a history of problems associated with it that started at conception. The first problem began when the owner and builder began to diverge from the plans that had been submitted to and approved by our building department. During our framing inspection it became clear that. the structure that had been built was different than that of the approved set ofplans. I instructed the builder at this time that while the structure was compliant with code, any use other than single family residential was not allowed by zoning. The builder assured me that the new configuration of the basement was constructed so that the owner could accommodate family member visits. During my final inspection, I observed that a full kitchen had been installed, a door had been placed in a location to accommodate two residences, concrete parking (in addition to the driveway) had been placed on the side and in front of the. home and a sidewalk had been constructed from the back door of the basement to the side parking area. It was clear that the basement was being set up as an additional dwelling unit. At this time the owner informed us that she intended to rent out the basement to college students_ She was informed that to do so she would have to apply for a conditional use permit. An additional dwelling unit is allowed in Rexburg's LDRl zoning with a conditional use permit and if it meets some basic requirements (lot size, parking, etc.) While doing some basic research on the project, it was discovered that the lot was under the 10, 000 sq. ft. minimum area required for an additional dwelling unit. Ms. . Dennett was informed that the unit mITH in nn wav ha iw,d ae an anarknian+ Tl,n �:imcerely, Val Christensen Building Official C.C. John Millar Steve Zollinger Jeanine Dennett Val Christensen City of Rexburg P.O. Box 280 Rexburg, Idaho, 43440 Re, Jeanine Dennett Dear Mr. Christensen: I represent Jeanine Dennett regarding your February 28th letter. to her. Ms. Dennett advises me she is not renting out her home. Her father lives. with her who has the onset of alzheimer's and dementia. She has a lady living with her who hells with her father and gives her companionship. In your letter, you advised she should explain her current occupancy status 'to avoid further action." I do not know of any action taken against her up to this point; however, I hope this will put this matter to rest. c: Jeanine Dennett T II/sas �cauuac Lctutctt 154 Rosewood Rexburg, ID 83440 Dear Janine, Our office has recently received complaints that you are in the process of renting out a Portion of your home. Your home is not allowed to be used as a two family dwelling or any type of apartment. It does not meet the requirements of the zoning ordinance for any use other than single family. If you feel that the allegations that have been leveled against you are incorrect, please provide me with a letter that explains your current occupancy situation. If indeed any portion of the home is being rented out as a separate dwelling, please terminate the inappropriate use immediately and send me a letter indicating that the problem has been taken care of I will expect to hear from you by March 11, 2002 to avoid any further action from this office. If you have any questions please give me a call at 359-3020 ext. 324. I will be out of town from March 4`h to the St'. If you need assistance during this time frame, you can get in touch with Stephen Zollinger at ext, 316. Sincerely, Val Christensen Building Official cc: John Millar Stephen Zollinger