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Home My WebLink AboutLETTERS 2 - 154 Rosewood - CUP for non-family housing for 4 studentse oac01 , U .: p (l0// a ° Q c� u 4e�ISHE� February 19, 2003 Mr. Lynn Archibald Rexburg City Police Chief 12 North Center Rexburg, ID 83440 STATE OF IDAHO RE: Jeanine Dennett Enforcement Request. Dear Chief: P.O. Box 280 12 North Center Street Rexburg, Idaho 83440 Phone(208)369.3020 Fax (208) 359-3022 e-mail rexburg®srv.net 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, Kurt Hibbert, Planning and Zoning Administrator \/U I cc. City Attorney, Mayo 4/2/2002 Jeanine Dennett 154 Rosewood Rexburg, ID 83440 Dear Jeanine,. cify 012exlU7.7 STATE OF IDAHO www.cLrexbur,q.id.us P.O. Box 280 12 North Center Street Rexburg, Idaho 83440 Phone (208) 359-3020 Fax (208) 359-3022 e-mail rexburg@ci.rexburgJd.us 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 4!2/2002 Lynn Hossner 109 North Second West St. Anthony, Idaho 83445 Dear Mr. Hossner, STATE OF IDAHO P.O. Box 280 12 North Center Street Rexburg, Idaho 83440 Phone (208) 359-3020 Fax (208) 359-3022 e-maii rexburg@d.rexburgJd.us I am song 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 could in no way be used as an apartment. The neighbors are aware of the problem and have -been very vocal on not allowing the home to be used as two dwelling units. Having someone living with you in your home and helping you with your father is one -thing, but renting out -a separate-dwehing-unit that was illegally created is quite another. If the person who is helping out is not living with the owner in her dwelling unit and is living in the additional dwelling, I think we have a problem. There are other ways to pay for apartments than with cash. Service is one of them. Please let me know what your take on this matter is after hearing the rest of the story. I don't see how I can keep the neighbors happy after the manner in which the owner approached building the home. Any person or persons occupying the additional dwelling unit that was created va probably be viewed by the neighbors as a renter. The home owner should probably do enough remodeling to put the configuration of the home back to that of a single family residence. Let me know if I can be of any further assistance. If you have any questions, please give me a call at 359-3020 ext. 324. Sincerely Val Christensen Building Official c.c, John Millar Steve Zollinger Jeanine Dennett :A C .X��Oi2P� O.t .LO.tJ March 12, 2002 Val Christensen City of Rexburg P.O. Box 280 Rexburg, Idaho; 83440 Re: Jeanine Dennett Dear Mr. Christensen: �'a9 .✓&a -9 o v Wit S�i..�2t, .�dafo d3�s 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 helps with her father and gives her companionship. In your letter, you advised she should explain her current oc-apancy status Io avoid further 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 I NWsas 1/////,,�J�/j/�/�Q, P.O. Box 28001�01 tLeo�Q//ar 12 North Center Street Rexburg, Idaho 83440 Phone(208)359-3020 �9U$9 STATE OF IDAHO Fax (208) 35973022 e<fSHED www.ci.rexburg.id.us e-mail rexburg@ci.rexburg.id.us 2/28/2002 Jeanine Dennett 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 4h to the 8`h. If you need assistance during this time frame, you can get in touch with Stephen Zollinger at ext. 316. Sincerely, G Val Christensen Building Official cc: John Millar Stephen Zollinger