HomeMy Public PortalAboutOrd. 582 - Supporting DocsJOHN P. CONNOLLY
C. A. "SKIP' SMYSER
CONNOLLY & SMYSER, CHARTERED
Attorneys and Counselors at Law
134 South Fifth Street
Boise, Idaho 83702
(208)342-0777
July 9, 1991
John J. Allen, Jr.
McCall City Mayor
P. O. Box 1065
McCall, Idaho 83638
RE: Manufactured houses/mobile homes
Dear Mayor Allen:
261 Mein Street
Parma, Idaho 83660
(208)722-6721
REPLY TO BOISE OFFICE
-This lava firm represents the Idaho Manufactured Housing
Association. Our members have brought to the Association's
attention the moratoriums which have existed for an extended
period of time in the City of McCall prohibiting the location
of manufactured houses/mobile homes on lots in the City of
McCall. These moratoriums were adopted because of alleged
emergency situations. The current moratorium will expire
this month.
Please be advised that the Association has asked me to
act if the current moratorium, or a substitute moratorium
prohibiting the location of manufactured houses/mobile homes,
is again imposed. It is our position that any alleged
emergency which may have justified the adoption of the
initial moratorium certainly cannot be seen to be a con-
tinuing emergency and that an appropriate permanent ordinance
must be adopted in lieu of any further moratorium ordinances.
My client has furthermore asked me to analyze any
ordinance which might be adopted to determine the basis for.
any attempted restrictions on the use of manufactured
houses/mobile homes in the City_ of McCall. We feel that
given the tremendous success over the last ten (10) years
-
with _ordinances -.,in Boise-, Nampa, Caldwell and other cities
across the State allowing double wide manufactured houses/mo-
bile homes with pitched roofs and conventional siding, that
any ordinance prohibiting manufactured houses/mobile homes is
unnecessary, discriminatory, and illegal.
If you have .any questions regarding the contents of this
letter, please do not hesitate to give me a call.
Sincerely,
CONNOLLY &2SMYSER, CHARTERED
JPC/dc
cc: Client
taL
July 16, 1991
John P. Connolly
Connolly & Smyser
134 South Fifth St.
Boise, Idaho 83702
Dear Sir:
City ofMcCall
OFFICE OF THE CLERK
BOX 1065
MGCALL,_ 1DAF1O_63638_
The McCall City Council received your letter of July 9 at
their regular July 11 meeting. No action was taken to
extend the mobile home placement moratorium beyond the
August 2 termination. Following the moratorium, each
applicant will be required, in both the city and impact
area to file a special use permit application to place a
mobile home (any "red tag" unit, per state code) on a
residential lot. This is a procedure used previously and
permits adjacent landowners opportunities to protect their
property. Finally, none of our residential zones permit
mobile homes and the special use permit is, in our view, an
altogether proper way to deal with this matter.
The "alleged" emergency was the incidence of placement of
older units in an established subdivision which resulted in
loss of value by 30 % of the surrounding property.
Our situation, where people purchase an old box unit for a
cheap summer cabin does not reflect the same reality which
you face in the valley. Your understanding of those
circumstances will be appreciated.
We will be delighted to have you review any proposed
ordinance, when one is available.
Sin j erely,
rtiiur J. chmidt
City Ad •nistrator
1
t
1
Memorandum
DATE: JULY 16,. 1991
TO: JENNIFER SANDERS, RON MITRE
RE; MOBILE. HOME MORATORIUM
ON AUGUST 2 AT 5 P.M. THE MOBILE HOME MORATORIUM WILL
EXPIRE. NO LEGISLATION WILL REPLACE THAT. YOU MAY
THEREFORE ACCEPT BUILDING PERMIT APPLICATIONS FOR THE
PLACEMENT OF MOBILE HOMES.. HOWEVER, THE POLICY WILL BE
THAT EVERY APPLICANT IN BOTH THE CITY AND AREA OF IMPACTY
WILL BE REQUIRED TO APPLY FOR A SPECIAL USE PERMIT TO PLACE
ANY MOBILE HOME/MANUFACTURED STRUCTURE ON A LOT. THERE ARE
AREA DESIGNATED IN THE CITY CODE ( CHAPTER 3 ) WHERE
MOBILES ARE ALLOWED. THIS WILL NOT APPLY TO THOSE
LOCATIONS AS OUTLINED IN THE CODE.
YOU ARE NOT AUTHORIZED TO ACCEPT ANY BUILDING PERMIT
APPLICATIONS FOR THE LOCATION OR CONSTRUCTION OF ANY PART
OR PORTION ( E.G. FOUNDATION) UNTIL 8 A.M. ON AUGUST 3.
THEREAFTER, NO PERMIT WILL BE ISSUED WITHOUT BENEFIT OF THE
SPECIAL USE PROCESS.
THE RATIONALE IS THAT IN NO ZONE ARE MOBILES A PERMITTED
USE. THEREFORE, A SPECIAL USE PERMIT WILL BE REQUIRED. IF
YOU HAVE QUESTION'S, PLEASE SEE ME.
BUD