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HomeMy WebLinkAboutLETTERS 3 - 154 Rosewood - CUP for non-family housing for 4 studentsMemorandum To: Kurt Hibbard CC: John Millar From: Val Christensen Date: 11/6/2002 Re: Dennett Kurt — Please find attached to this document two letters that were written concerning the Dennett home that was constructed last year. These letters were sent out after complaints were taken concerning -Mrs. Dennett using here home as an apartment. Recently it has come to my attention that the neighbors have asked one of the people living in this home if they were a relative of Mrs. Dennett. The person responded that they were not related but were renting. The history of this home is clear. The owners have constructed it so it can be a rental while telling the City that it is only done to accommodate family members. Can you please follow up on this problem so that the neighborhood zoning is enforced. Thanks! Val 1 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 4`" to the 8h. 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 oG�/2f2 �G Q�Jp�rGP�` .�CCO�`/!•P� CLC .�L2//J .TcCjr✓iaiec: �P08� 6P4 -3%6P vgax: �P08� 6P4,9i83 March 12, 2002 Val Christensen City of Rexburg P.O. Box 280 Rexburg, Idaho, 83440 Re: Jeanine Dennett Dear Mr. Christensen: 7fag Aa a �teeyed met .fit. 91ictOioiuy, .�a�a/ia 83445 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 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 I-N,lsas 4/2/2002 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 of property 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 of plans. 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 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 dwelling 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 will 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