HomeMy WebLinkAboutCITY RESPONSE LETTER - 154 Rosewood - CUP for non-family housing for 4 studentse upo g
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RICHARD HORNER
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Lynn Hossner
109 North.Second West
St. Anthony, Idaho 83445
STATE OF IDAHO
August 28, 2001
Re: Jeanine Dennett Property
Dear Mr. Hossner:
P.O. BOX 280
12 NORTH CENTER STREET
REXBURG, IDAHO 83440
PHONE (208) 359-3020
FAX (208) 359-3022
I am in receipt of your letter dated today, and I will address your concerns as best I can.
First of all, I am not in the habit of reading the newspaper, but I can assure you, that no permit to
allow Ms. Dennett to rent to college students was issued, nor do I foresee any permit being issued
given the geographical and structural deficiencies of Ms. Dennett's property to accommodate a
duplex.
As to what the restrictive covenants may or may not state, I must inform you on behalf of
the City, that they have no bearing whatsoever on this issue. The City's ordinance is the
governing document from the City's perspective, and the restrictive covenants serve only to add
additional restrictions, not to remove the restrictions placed upon the property by ordinance.
With respect to the parking question, it is not, as you state, a question of whether the
tenants Ms. Dennett currently anticipates will have cars, it is whether Ms. Dennett can comply
with the current Planning and Zoning requirements. As was indicated in the public hearing, the
City staff has researched the issue exhaustively, and can find no reasonable way in which Ms.
Dennett can obtain the necessary parking legally. Furthermore, she is already in violation of
current P & Z ordinances with respect to front yard coverage.
The minimum parking stall size in the City of Rexburg is 9' in width, which would
preclude the use of the 8'6" driveway, and any parking plan of 4 or more requires two way access,
which would again preclude the use of the driveway to access parking in the back. Ms. Dennett
was given copies of all of the relevant sections of the City Ordinance, and should be able to make
the same available to you. A complete copy of the Ordinance is available at City Hall for review
or purchase for $10.00.
Lastly, in order for any lot in the City of Rexburg to be approved for a duplex, it must
have a minimum of 10,000 square feet. As Ms. Dennett's lot does not, it could not, and will not
ever under the current Planning and Zoning Ordinance be considered for a duplex or multiple
unit rentals.
In conclusion, if Ms. Dennett had been forthright with the City at the beginning of the
building process, she would have known of the deficiencies of her plan from the outset, and
would not have invested in improvements that might never be able to be used in their intended
manner.
I would be happy to discuss this matter with you further if you should have questions,
however, the most simple principles of zoning have been applied, and complied with in arriving
at this decision, and I don't see any means by which Ms. Dennett could prevail on questioning
the Cities decision.
Sincerely,
.. ���'
Stephen P. Zollinger "
Rexburg City Attorney
cc:
Jeanine Dennett File