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HomeMy WebLinkAboutWRITTEN RESPONSE - 04-00073 - 252 S 5th W - Request for Variance of Rear SetbackRay W Rigby Gordon S. Thatcher G. Rich Andrus Jerry R. Rigby Michael S. Kam (/954-200/) Gregory W Moeller March 17, 2004 Law Offices RIGBY, THATCHER, ANDRUS RIGBY & MOELLER, Chartered P.O. Box 250 25 North Second East Rexburg, ID 83440 Members of Planning and Zoning Commission City of Rexburg Rexburg City Hall P. O. Box 280 Rexburg, Idaho 83440 Dear Members of the Commission: Telephone: Rexburg: (108) 356-3633 Fax: (208) 356-0768 E -Mail: dchadwick@rigby-thatcher.com RE: Public Hearing to be Held, on March 18, 2004, at7:30 p.m, Concerning a Requested Variance and Conditional Use Permit Regarding Property Located at 252 South Fifth West, Rexburg, Madison County, Idaho I represent W. R. and Francis Henderson, who are the owners of 49 lots lying near and west of the lot for which the above identified variance and conditional use permit is sought and write this letter on behalf of my client. Andrew W. Clark has filed with you an Application For Variance, dated February 23, 2004 and an Application for Conditional Use Pennit, dated February 26, 2004, in which he is asking the City of Rexburg to change their long existing zoning ordinance so that he may build a duplex on property that he acquired on February 24, 2003. I have enclosed herewith a copy of the warranty deed under which Andrew R. Clark and Lynne M. Clark took title to the lot for which they seek the variance and the conditional use permit. My clients very strongly object to the attempt to spot zone that the Clarks are seeking for their own financial gain. Your records and the records available to the Clarks when they acquired the lot that they now ask you to re -zone for their benefit, establish that at the time that the Clarks acquired the ownership in the subject property, the entire area surrounding their property was Planning and Zoning Commission March 17, 2004 Page 2 zoned LDRI. There are houses practically surrounding the subject property that have been built and maintained on the assumption that it is zoned for LDRI. All of the surrounding residential owners and future owners hold and would be holding their property on the assumption that the area is LDRI. When the Clarks acquired their property, they knew this to be the fact. In addition, they knew that the Henderson Subdivision was being developed. At the time that they acquired their property, the Clarks knew that the roads and lots had been surveyed, platted and established in the Henderson addition. The intent of this letter is not to outline all of the law that is contrary to the Clarks request. You are familiar with that. However, I would like to highlight several provisions that legally should govern your refusal to allow the requested spot zoning. Section 7.1 of the Zoning Ordinance of the City of Rexburg provides in relevant part: The fact that an owner could realize a greater financial return from his property by subdividing said property contrary to these regulations is not a sufficient reason for hardship. Hardship can not be proved where it can be shown that the property was purchased with the knowledge of existing restrictions, nor can hardship be claimed in terms of prospective sale or potential customers. The Clarks acquired the subject property on February 24, 2003, at a time that they knew that the entire area was zoned LDRI, that the Henderson Subdivision was being developed and the road and the utilities thereof were in place. Your granting of the Clarks' request for a variance in the established zoning pattern and the conditional use permit would be a very unusual diversion from the nonnal. In my clients' view it would not conform with the legal principles involved and would certainly not be in accord with the concept of a consistent and well organized approach to zoning. It would also potentially greatly devalue the numerous single residences in the area and greatly impair the expectations of existing residents and future residents of the area. My clients urgently request and strongly urge you in wisdom to not grant this unusual request. Sincerely, G. R�4 drus GRA:dc HENDERS0.1,13 FI%`r A :�IQN T=, OCWANY PM1350 WAR RA NTY DEED Forvalue Received Nathan A. Cardon and Pamela G. Cardon, husband and wife Hereirsftercated the Grantor, haebygrants, bargains; sells and conveys unto Andrew R Clark and Lynne M. Clark, husband and wife whose address is: 345 South 2nd West #109, Rexburg, Idaho 83440 Hereinafter called the Grantee, the followirg desaibed premises sihfaled in Madison County, Idaho, hr-v�it Commencing at a pant 36 rods N. of the SE comer of the NE'/4 of Section 25, Township 6 North, Range 39 E.B.M., Madison County, Idaho, and running thence N. 4 rods; thence W. 20 rods; thence S. 4 rods; thence E. 20 rods to the place of beginning. SUBJECT TO all easements, right of ways, covenants, reshictions, reservations, applicable bullding and zoning ordinances and use regulatons and restrict ons of re=d, and payment of accru ng present yeartaxes and assessments as agreed m by parties above. TO HAVE AND TO HOLD the said premises, with 1s appurtenances unto the said Grantee and to the Grantee's heirs and ass gns forever. And the said Grantordoes hereby covenant band with h the said Grantee, that the Grantor is the owner in fee simple of said premises; that said premises are free from all encumbrances except current years taxes, levies, and assessments, and except U. S. Patent reservations, restrictions, easer -a* of record, and easements visible upon the premises, and that Grantor volt warrant and defend the same from all daims whatsoever. February24, 2003 STATE OF IDAHO ) COUNTYOFMADISON ) On this 24th day of February, 2003, before me Loma -Leigh, personally appeared Nathan A. Carton and Parrlda G. Cardon, Ivom or identified to me to be the persons whose names are subscribed to the within instrument and 7- m that By executed the same. LORNA - LEIGH STATE OF IDAHO o Public NOTARY-- • •- PUBLIC Residing at Rigby, Jefferson County, Idaho Commission Expires: 02/16/07 Instrument # 301818 RE%BURG, MADISON, IDAHO / 2003-02-26 02:Awf No. of ages: 7 Recorded for: FIRSTA GAN T MARILYN R. RASMUSS Fee3.00 Ex.OHicio Recorder Depu