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Home My WebLink AboutJohn Flaherty ConstructionThousand Springs VAR 01-0056002 Franklin Rd., Boise, ID 83709 June 18, 2001 ATTN: Shelby Mayor Robert Corrie And City Council Members Meridian City Hall 33 East Idaho Street Meridian, Idaho 832642 R,ECEIVED X id 18 2001 CITY OF MERIDIAN CITY CLERK OFFICE We are requesting that the variance application be dropped for John Flaherty Const. Inc. For Lot 38 Block 14 of the Thousand Springs Sub., 2421 E. Weir Creek Dr. Respectfully; _. Kyle Buzzell Superintendent John Flaherty President John Flaherty Construction Inc., 0 JUN 18 '01 12:31 2063455599 PAGE.02 June 12, 2001 Meridian City Council 33 East Idaho Meridian, Idaho 83642 Re: File No. VAR O1-005, John Flaherty Construction Dear Mayor & City Councilmen: In John Flaherty's letter to the city, he states that he cannot comply with the fifteen -foot setback because the house in question is already constructed. He states that the contractor accidentally started their measurement from a three-foot witness property pin, not knowing it was a witness property pin. We have a hard time with this explanation because of the fact that John Flaherty has built several homes in Thousand Springs. Did he not know that fact for all those other homes he built previously? It states in the Thousand Springs Convenants, Conditions, and Restrictions that "the front lot line is located approximately two feet into the side walk with a twenty foot setback from the sidewalk and that it is a specific requirement of the City of Meridian and a specific building restriction herein that all dwelling units be set back twenty feet from the back (lot side) of the sidewalk." The plat is clearly marked with the circle around the square for the witness property pins. When talking with the engineering firm that surveyed Thousand Springs, they told me that a lot of sub -divisions are using the witness property pins now. John Flaherty is a well-known builder in this valley, as shown by the fact that he is the President of the Parade of Homes this year. Mr. Flaherty's further explanation states that ice and dirt were part of the reason that he couldn't find any pins. You all know of our drought situation because of the lack of snow this winter. We doubt it would have been too hard to find a pin, not to mention they have marked the concrete sidewalks to show where the pins are located. Further, we don't understand why they didn't use the rear property pins for measurements. Let alone the fact that all of the lots line up in back for fence purposes. Each lot has identifying purple and blue stakes at the rear of the lots. That should have helped them in their measurements, as well. One of the rear property pins was visible until his excavators buried it with five feet of dirt. John Flaherty states that his home meets setback requirements. Yet, Don at the Public Works Department told me that the roofed patio portion of a house is included to meet the setback requirement. It is classified as an architectural projection. And as far as the easement requirement goes, if the house is left standing as is, the City of Meridian or a utility company will tear up more of our lot if needed in an emergency situation. So, it becomes more of a burden for us to bear. �a l Mr. Flaherty states he wants to help protect the neighborhood property values, yet whoever buys that house is going to get sit out on their patio and stare straight into our fence when we build it. What value does that give our home for any prospective buyer to look out our backyard and see this house against the fence? From our viewpoint it will look like our fence has a roof on it. It's an eyesore to those of us around it. You should see the prospective buyers mouths drop open when they turn the corner to the back of the house to find that there is no back yard. We are trying to figure out what kind of trees to plant at the back of our lot to hide that house. Requirements are put in place for builders to follow them. The City of Meridian should see to it that they do follow those requirements. Thank you for your time and consideration. Respectfully, Larry & Andrea Stockton 2430 E. Pistol Creek Dr. Meridian, Idaho 83642 (208) 846-8730 c I ❑9 i -1 adv °a \Fd +�'r. �r. ' r May 31, 2001 VAR 01-005 MERIDIAN CITY COUNCIL MEETING June 5, 2001 APPLICANT John Flaherty Construction ITEM NO. 22 REQUEST Variance of the rear property setback from 15 feet to 11.5 feet for property to be used for single-family dwellings - 2421 East Weir Creek Drive AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: o CITY ATTORNEY CITY POLICE DEPT: 0 av ryu► exp t' CITY FIRE DEPT: 'This will not affect MFD" CITY BUILDING DEPT: S_ CITY WATER DEPT: "No Comment" CITY SEWER DEPT: "No Comment" MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: See attached SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: �0 o I��ec;hWI-s NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. "1 CHD {n Ada County Highway District RECEIVED Judy Peavey -Derr, President IM z 3 ZUUI 318 East 37th Street Dave Bivens, 1st Vice President Garden Gity ID 83714-6499 Sherry R. Huber, 2nd Vice President CITY OF MERIDIAN Phone (208) 387-6100 Susan S. Eastlake, Commissioner FAX (208) 387-6391 David E. Wynkoop, Commissioner E-mail: tellus@ACHD.ada.id.us May 21, 2001 TO: John Flaherty Construction John Flaherty 6002 Franklin Road Boise, Idaho 83709 SUBJECT: MVAR01-005 Variance of the rear property setback requirements 2421 E. Weir Creek Drive The Ada County Highway District (ACRD) staff has received and reviewed the application and site plan for the item referenced above. ACHD does not have any site improvement requirements at this time. The ACHD Commission will not hear this item unless the site plan is changed in such a manner as to require Commission review. ACHD policy requires that before any improvements of any kind are constructed or installed within the public right-of-way, a permit or license agreement permitting the improvements must be obtained. All future design plans and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived in writing by the District. Contact Ms. Nan Hills for payment of possible road impact fees prior to building construction in accordance with Ordinance #193, also known as the Ada County Highway District Road Impact Fee Ordinance. If you have any questions, please feel free to contact me at (208) 387-6170. Sincerely, Plan ing & Development Staff Cc: Planning & Development/Chron/Project File Planning & Development Services City.of,,Meridian Briggs Engineering Inc. 1551 Federal Way Boise, Idaho 83705 lil 0 co 0 40 N 0 0 Ch 0 0 co C 0 N 0 CD II I I ,) �'-v rnrn N N —' m n. zg --im a0 T m m A May 24, 2001 City Council City of Meridian Andy C. Doll 2404 E. Pistol Creek Dr. Meridian, ID 83642 Re: "Application of John Flaherty Construction, Inc. for a variance of the rear setback from 15 feet to 11-1/2 feet for property to be used for a single-family dwelling generally located at 2421 East Weir Creek Drive." Since I will not be able to attend the public hearing on June 5, 2001 for the above referenced matter, I am requesting that this letter be read into the records at that meeting. It has been my understanding that building codes and regulations have been established by various Idaho cities and counties for the purpose of controlling and regulating the building industry. I know from first hand experience that Meridian is one of these cities because while helping my daughter and son-in-law, who live in Meridian, build a family room addition, I was involved in building permits and inspections which included an actual measurement of side and rear property setbacks. These setbacks were verified before our actual construction was begun. I find it ludicrous to believe that a builder of John Flaherty's stature, President of the 2001 Parade of Homes, was not fully aware that he was in violation of the rear property setback when the property was being marked for excavation. Now, after the completion of the home, comes John Flaherty, not on his own volition, but after being discovered by a neighbor, to request a variance from the City of Meridian. It is my belief that if John Flaherty, President of the 2001 Parade of Homes, is not held to a higher standard because of his position among his peers, then he must at least be held to the standards as set by the City of Meridian. These minimum standards require a 15 foot rear property setback unless a variance is requested by the builder and approved by the City of Meridian prior to the commencement of construction. I feel that the City of Meridian must take some form of disciplinary action against John Flaherty Construction, Inc. to assure that future flagrant abuses of the building codes will not be attempted. Respectfully sub ed: An C. Doll IRECEIVE MAY 2 9 2001 CITY OF MERIUiAN CITY CLERK OFFICE- NUB OF TREASURE VALLEr MAYOR A Good Place to LigLEGAL DEPARTMENT Robert D. Come e (208) 288-2499 • Fax 288-2501 �aU Cie PUBLIC OF 1V�E R.OenNreek PUBLIC WORKS iU141��1(a� were submitted for the Dr. dld�G DEPARTMENT R0�&18'a covered patio. It does sh W00121%%his within the setbacks L��-22t� Fax 887-1297 ht�du0 itwouldwould not be requierec tag)TW b c�,Wc �� is at finished gradePtj i ND zoNlNc Tamt�ty togea 1e is to allow this varlancci l**4tcim"agirg-aAt'ucture to be to close t0 DEPAV'MENT Cherie McR,1r es$sT1 L1 cture causing a fire hazard concern. I would require that the applica�tJg� } Si3 'Fax 888-6854 ano[[[[1liilllle building permit for the patio cover if in fact the variance is granted. TRAftMhY1M'S TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS Building Official City of Meridian WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council please submit your comments and recommendations to Meridian City Hall Attn: Will Berg, City Clerk, by: May 29, 2001 Transmittal Date: May 9, 2001 Hearing Date: June 5, 2001 File No.: VAR 01-005 Request: Variance of the rear property setback from 15 feet to 11.5 feet for property to be used for a single-family dwelling By: John Flaherty Construction, Inc. Location of Property or Project: 2421 East Weir Creek Drive Sally Norton, P/Z (ra vaA vAc M Meridian School District eft m Jerry Centers, P/Z oft van, vAr. Fp) Meridian Post Office "/Pp wto Bill Nary, P/ZOVO vat, vac, FP) Ada County Highway District Richard Hatcher, P/Z (ftmg vat PPS Community Planning Assoc. Keith Borup, P/ZOft V.4A vat M7 Central District Health Robert Come, Mayor Nampa Meridian Irrig. District Ron Anderson, C/C Settlers Irrigation District Tammy deWeerd, C/C Idaho Power Co. "/Ppwto Keith Bird, C/C U.S. West "wPw6 Cherie McCandless, C/C Intermountain Gas(wmpO,w Water Department Bureau of Reclamation (m1PP.,w Sewer Department Idaho Transportation Department mbFm vnC� FPS Ada County (mnwnww wio Building Department Your Concise Remarks: �'treBepartme Police rtment City Attorney City Engineer City Planner Parks Department (R"ow wonw AZ • 27 FP - 24 PPIPFP - 2E VARNAC . 20 CUP • 20 RECEIVED MAY 16 2001 CITY OF MERIDIAN The plans that were submitted for the construction of 2421 E. Weir Creek Dr. did not include a covered patio. It does show the patio slab and it is within the setbacks even - though it would not be requiered to meet setbacks because it is at finished grade. It WOW be realistic to allow this variance since it is not allowing a structure to be to close to.. another structure causing a fire hazard concern. I would require that the applicant obtain a' building permit for the patio cover if in fact the variance is granted. Daunt Whitman Building Official City of Meridian MAYOR A Good Place to Live LEGAL DEPARTMENT 288-2499 - Fax 288-2501 Robert D. Corrie(208) CITY OF MERIDLAN PUBLIC WORKS CITY COUNCIL MEMBERS 33 EAST IDAHO BUILDING DEPARTMENT Ron Anderson (208) 887-2211 • Fax 887-1297 Keith Bird MERIDLAN, IDAHO 83642 Tammy deWeerd (208) 888-4433 • FAX (208) 887-4813 PLANNING AND ZONING City Clerk Office Fax (208) 888-4218 DEPARTMENT Cherie McGmdless (208) 884-5533 • FAX 888-6854 MEMORANDUM: RECEIVEDJune 1, 2001 JUN -1 2001 To: Mayor & City Council CITY OF MERIDIAN From: David McKinnon, Planner Re: Request for Variance to Reduce Rear Property Setback from 15 Feet to 11.5 Feet on a Single Lot Located in Thousand Springs Subdivision by John Flaherty Construction, Inc. (File No. VAR -01-005) We have reviewed this submittal and offer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY The applicant has requested a variance from the City's minimum yard setback requirements, specifically section 11-9-1, which requires a 15 -foot rear yard setback in an R-4 zone. The reason that the applicant is requesting a variance is due to the fact that the contractor who poured the foundation for the home measured the front setback incorrectly and poured the foundation 3'- 6" farther back from the front property pin than originally planned. The home is now built and the covered patio is now situated 3'-6" into the required 15 -foot rear setback. The applicant does not want to remove the covered patio in order to comply with City Code and is now seeking a variance to allow the non -complying structure to remain. LOCATION The subject property is located at 2421 E. Weir Creek Drive in Thousand Springs Subdivision. The subdivision is located at the corner of S. Brandy Jewel Avenue and E. Victory Road. The entire subdivision is zoned R-4. SURROUNDING PROPERTIES North — Single-family dwelling, zoned R-4. South — Single-family dwelling, zoned R-4. East — Single-family dwelling, zoned R-4. West — Single-family dwelling, zoned R-4. FWmity.Var.doc VAR -01 -OM Mayor and Council June 1, 2001 Page 2 REQUIRED FINDINGS According to Ordinance 11-18-1, Variances, the Council may authorize in specific cases a variance from the terms of either the Zoning or Subdivision Ordinance. Specifically, the Ordinance lists the following Findings, all of which must be determined before granting a variance: A. That there are such special circumstances or conditions affecting the property that the strict application of the provisions of this Title would clearly be impracticable or unreasonable; Staff finds that a contractor made a mistake; however, this does not make the application of this code unreasonable. In an ideal world, the mistake would have been caught prior to reaching this point in construction. Unfortunately, it wasn't and now the strict application of this section of Code (11-9-1) may be unreasonable if the city requires the homeowner to tear down an existing structure that was built in good faith. B. That strict compliance with the requirements of this Title would result in extraordinary hardship to the owner, subdivider or developer because of unusual topography, the nature or condition of adjacent development, other physical conditions or other conditions that make strict compliance with this Title unreasonable under the circumstances, or that the conditions and requirements of this Title will result in inhibiting the achievements or the objectives of this Title; Staff finds that the lot does not possess any unusual topography, physical condition or other condition that would have made compliance with the setback requirements difficult or impossible. The contractor created the hardship by making a mistake in measuring the proper setback distances. C. That the granting of the specified variance will not be detrimental to the public's welfare or injurious to other property in the area in which the property is situated; Staff finds that the variance will not be detrimental to the public's welfare. Granting the variance may or may not be injurious to other property in the area. Council should refer to any public testimony offered concerning whether or not the surrounding property owners feel that the variance will affect their properties. D. That such variance will not have the effect of altering the interest and purpose of this Title and the Meridian Comprehensive Plan. VAR -01-005 FWnaz,y.var.aoo Mayor and Council June 1, 2001 Page 3 Staff finds that the issuance of a variance for this project will violate the intent and purpose of the Meridian City Code and the Comprehensive Plan, The intent of the section 11-9-1 of the City Code is to ensure that minimum setbacks are established in all zones in order to improve the appearance, safety and uniformity of development. STAFF RECOMMENDATION Staff finds that the applicant does not meet the criteria for being granted a variance as listed in the Meridian City Code. Additionally, the variance request does not satisfy the State Statute (§ 67-6517) that governs the issuance of variances. The State requires that a variance "be granted to an applicant only upon showing of undue hardship because of characteristics of the site and that the variance is not in conflict with the public interest". There is no special problem associated with this property other than a mistake that was made by a contractor, Staff does not dispute that the accident was made honestly; however, the contractor created the hardship and staff feels that a variance should not be issued for a contractor -created hardship. VAR -01.005 Fiaharty.v".a« �e a fr C H D udy Peavey -Derr, Ada County Highway District 21 R Pn f Z7+h C+root Dave Bivens, 1st Vice President Garden City ID 83714-6499 Sherry R. Huber, 2nd Vice President Phone (208) 387-6100 Susan S. Eastlake, Commissioner FAX (208) 387-6391 David E. Wynkoop, Commissioner E-mail: tellus@ACHD.ada.id.us May 21, 2001 TO: John Flaherty Construction John Flaherty 6002 Franklin Road Boise, Idaho 83709 SUBJECT: MVAR01-005 Variance of the rear property setback requirements 2421 E. Weir Creek Drive The Ada County Highway District (ACRD) staff has received and reviewed the application and site plan for the item referenced above. ACHD does not have any site improvement requirements at this time. The ACRD Commission will not hear this item unless the site plan is changed in such a manner as to require Commission review. ACHD policy requires that before any improvements of any kind are constructed or installed within the public right-of-way, a permit or license agreement permitting the improvements must be obtained. All future design plans and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived in writing by the District. Contact Ms. Nan Hills for payment of possible road impact fees prior to building construction in accordance with Ordinance #193, also known as the Ada County Highway District Road Impact Fee Ordinance. If you have any questions, please feel free to contact me at (208) 387-6170. Sincerely, Plan ing & Development Staff Cc: Planning & Development/Chron/Project File Planning & Development Services City of Meridian Briggs Engineering Inc. 1551 Federal Way Boise, Idaho 83705 0 w 0 0 �-R°�"®'S JF QA EQ-5�- `le_� rn F- HUB OF TREASURE VALLEY MAYOR A Good Place to Live LEGAL DEPARTMENT (208) 288-2499 - Fax 288-2501 Robert D. Corrie CITY OF MERIDIAN PUBLIC WORKS CITY COUNCIL MEMBERS BUILDING DEPARTMENT Ron Anderson 33 EAST IDAHO (208) 887-2211 • Fax 887-1297 MERIDIAN, IDAHO 83642 Keith Bird ` ' 1 PLANNING AND ZONING (208) 888-4433 - Fax (208) 887-4813: r Tammy deWeerd , DEPARTMENT City Clerk Office Fax (208) 888-4218 Cherie McCandless (208) 884-5533 • Fax 888-6854 #f 3 V 3E & " .. , 's ... TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council please submit your comments and recommendations to Meridian City Hall Attn: Will Berg, City Clerk, by: May 29, 2001 Transmittal Date: May 9, 2001 Hearing Date: June 5, 2001 File No.: VAR 01-005 Request: Variance of the rear property setback from 15 feet to 11.5 feet for property to be used for a single-family dwelling By: John Flaherty Construction, Inc. Location of Property or Project: 2421 East Weir Creek Drive Sally Norton, P/Z (No vAR, vAc, FP) Jerry Centers, P/Z (No vAR, VAC, FP) Bill Nary, P/Z (No VAR, vac, FP) Richard Hatcher, P/Z (Mo vAR, vac, FP) Keith Borup, P/Z o a w vac, FP) Robert Corrie, Mayor Ron Anderson, C/C Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C Water Department Sewer Department Sanitary Service (No VAR, vac, FP) Building Department Fire Department Police Department Your Concise Remarks: City Attorney City Engineer City Planner Parks Department (Rea/danavionly AZ -27 FP -24 PP/PFP-20 VARIVAC- 20 CUP -20 Meridian School District (No FP) Meridian Post Office (FPlPPanly) Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. (FP/PPaniy) U.S. West (FP/PP only), Intermountain Gas(FP/PPanw Bureau of Reclamation (FP/PPon/y) Idaho Transportation Department ovoFP) Ada County (Annexation onw CITY OF MERIDIAN Planning & Zoning Departmem FILE 200 E. Carlton Avenue, Suite 201, Meridian, ID 83642 YAR.- 01- oo5 (208) 884-5533 Phone / (208) 888-6854 Fax VARIANCE APPLICATION (RE: Meridian Zoning Ordinance- 11-18, Meridian Subdivision Ordinance- 12-11) APPLICANT: John Flaherty Construction Inc ADDRESS: 6002 Franklin Rd. Boise, ID 83709 PHONE: 345-5588 FAX: 345-5599 E-MAIL: OWNER(S) OF RECORD: John Flaherty Construction Inc. ADDRESS: 6002 Franklin Rd. Boise, ID 83709 PHONE: 345-5588 FAX: 345-5599 E-MAIL: ENGINEER, SURVEYOR, PLANNER: Briggs Engineering Inc. ADDRESS: 1551 Federal Way Boise, ID 83705 PHONE: 344-9700 FAX: 345-2950 E-MAIL: ADDRESS, GENERAL LOCATION OF SITE: 2421 E. Weir Creek Dr. MeridianID Lot 38, Block 14 'Thousand Springs Sub. #5 PRESENT ZONE CLASSIFICATION: R-4 PRESENT USE OF SUBJECT PROPERTY: Vacant, Single Family Single level Home PROPOSED USE OF SUBJECT PROPERTY: Single Family, Single Level Home DESCRIPTION OF PROPOSED VARIANCE: Change rear property set back from 15' to 11 ' 6" I have read the information contained herein and Signature of I Rev. /0-20 00 City of Meridian VARIANCE Application Checklist (Incomplete applications will not be processed) Applicant: John Plahc-ri-y Cron-,t-nic-t•inn rnc-_ Submittal Date: _/9_/?nn1 Project/Subdivision: Lot 38, Block 14 Thousand>>Springs Sub. #5 2421 E. Weir Creek Dr. Meridian, ID 83642 Application Completion Date: 4 /-2-4 / O I Hearing Date: / q / ® i P&Z/CC For Office Use Only Item No. Description Comments (4) 1. Completed and signed Variance Application ✓ 2. Warranty deed ✓ 3. Notarized consent of titled property owner 4. Legal description V' 5. A statement - what ordinance can you not comply with? 6. A statement - what prevents compliance with the ordinance? ✓' A statement - what are the minimum requirements of this ordinance that 7 need to be reduced to permit the proposed use? A statement - what is the difficulty or hardship that would result if 8 requirements of this ordinance were applied to the subject property? A statement - any unusual or peculiar circumstances that indicate 9 regulations of this ordinance that should not be strictly complied with. 10. A statement - that special conditions and circumstances exist.... ✓ A statement - that interpretation of the ordinance shall deprive the 11. applicant of rights commonly enjoyed by other properties... v A statement - that special conditions or circumstances exist that were not a 12 result of the applicarifs action. A statement - that granting the variance requested shall not confer on the 13. applicant any special privilege... A statement - how granting of the variance would convenience the 14. applicant... A statement - the relationship of the proposed variance to the Meridian 15. Comprehensive Plan (cite policy numbers). ✓ 16. 1 One (1) copy of a scalable 8 %Z x 11 site plan ►� 17. One (1) copy of a vicinity map (1 "=300') ✓ 18. If applicable, schematic building plans of any proposed construction. ✓ 19. List of property owners within 300' 20 A fee: - $250.00 Mailings - $0.34 per notice for one mailin ✓ 21. Property posting affidavit ✓' Notarized statement that the property was posted (to be submitted after 22 posting) I- 4 Run. 10,,'26/00 1- 140.'I -UJ �1 WARP "NTY DEED FOR VALI)F; RECEIVF,1) FAR'lt EST, L LC„ an Idaho Limited Liability Company GRAWOR(S), docs(do) hereby GRANT', BARGAIN, SELL and CONVEY unto: John Flaherty Conatruction Inc,, An Idaho Corporation GRANTEE(S), whose current address is: 6002 Peantslin, Boise, ID 83704 the following described rval property located in Ada County, State of Idaho, mora particularily described as follows, to wit: LOTS 381N BLOCK 14 OF THOUSAND SPRINGS SUBDIVISION NO.5 ACCORDING'TO THE OFFICIAL PLAT THEREOr, FILED IN HOOK 70 OF PLATS A1' PAGES 6534-8536, RECORDS OF ADA COUNTY, TRANSNATION TITLE & ESCROW RECORDEO•RED OF ADA COWITY RECORDER J. DAVIC NAVARRO II'l`•F.0^ %1!0 FEE-SLDE 2000 M0 16 PM It 10 1000926 TO 11AW" AND IIOLD the said premises, with their appurtenances unto the Grantce(s), and the Granlec(s) heirs and assigns forever. And the suid Grantur(s) does (do) hereby covenant to and with the said Grantce(s), that Gruntor(s) is/are [lie owner(s) in fee simplc of said premises; that said premises are Frcc from all encumbrances, EXCEPT those to which this conveyance is expressly made subject and those mode, suffbeed.or done by the Grantcc(s); and subject to reservadons, restrictions, dedications, cascments, rights of way and agreements, (if any) of tccord, and gcnerul taxes and assessments, (including irrigation and utility asscssmenis, if any) for the current year, which are not yet due and payable, and he Grantor(n) will warrant and dcfcnd the same from all lawful claims whatsoever, Dated, April 14, 2000 1'ARWIRST, LLC, an Idaho Llnuted Liability Company RY�� M'2.91 R rty t,;bltlt+mith,ng Mumber STATE OF IDAHO, County of Ada ss. On thi, ..l..-- play of April, in the year of 2000, before me, a Notary Public in and for Said State, personally appeared MARTY GOLDSMITH known or idcnlilied to roe to be the persou whose name is subscribed to the within instrument as the MANAGING MEMBER of FARWEST LLC, an Idaho limited liability company, and aclulowlcdged to roe that he executed the same as such managing mem\ber. Tatncra I„ Hovde, NotaryPublic * Nor Residing at: Eagle, Idaho t My Commission Expires: Nuvcmber 29,x' OQ �G�•� �� R!, r c John Flaherty Construction 6002 Franklin Rd., Boise, ID 83709 April 24, 2001 Mayor Robert Corrie And City Council Members Meridian City Hall 33 East Idaho Street Meridian, Idaho 832642 Variance application item No. — 3 & 4 Dear Mayor and Council Members: This is a written consent stating that I, John Flaherty, am filling this variance request on the property located at: 2421 E. Weir Creek Dr. Meridian, ID Lot 38, Block 14 of Thousand Springs, Phase #5 Respectfully; John Flaherty President John Flaherty Construction Inc., STATE OF IDAHO, ) ) ss. County of Canyon ) ,� SOT AR }► � G PUS10 �O .••'�'�9 TB og 19�p• On this 25th day of April, 2001, before me a Notary Public in and for said State, personally appeared John Flaherty, known or identified to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same, IN WITNESS WHEREOF, I have hereunto set my hand and affix my official seal, the day a ear in this certificate first above written. 1 ARTICLES OF INCORPORATION FILED OF JOHN FLAHERTY CONSTRUCTHOX,' 2 3 The undersigned, acting as incorporators of a corporation 'di der twY -Maho Business Corporation Act, adopt the following Articles of Incorporation for such corporation: FIRST: The name of the corporation is John Flaherty Construction, Inc. SECOND: The period of its duration is perpetual. THIRD: The purpose or purposes for which the corporation is organized are: The transaction of any or all lawful business for which corporations may be incorporated under the Idaho Business Corporation Act. FOURTH: The aggregate number of shares which the corporation shall have authority to issue is One Thousand (1,000) shares of common stock, no par value. FIFTH: The address of the initial registered office of the corporation is 6002 , Boise, Idaho 83709 and the name of its initial registered agent at such address is John M. Flaherty, Jr. SIXTH: The number of directors constituting the initial board of directors of the corporation is one (1) and the name and address of the person who is to serve as director until the first meeting of the shareholders, or until his successors are elected and shall qualify, is: NAME John M. Flaherty, Jr 6002 Franklin Rd. Boise, Idaho 83709 IDAHO SECRETARY OF STATE 01/22/1999 09:00 CK: 4995 CT: 110016 9H: 181107 1 8 100.00 = 100.00 CORP 0 2 Cir.)� a�l The name and address of the incorporator is: John M. Flaherty, Jr. Date this 19`h day of January 1999. STATE OF IDAHO, ) ) ss. County of Canyon) 6002 Franklin Rd. Boise, Idaho 83709 ohn M. Flah r. On this -ZY- day of '1999, before me a Notary Public in and for said State, personally appeared John M. Flaherty, Jr., known or identified to me to be the person whose name is subscribed to the within instrument, ,and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. N ARY PUBLIC FOR IDAHO (SEAL) Residing at 62,�,'i- My Commission Expires: 0 ACTION OF SOLE DIRECTOR AND SHAREHOLDER OF JOHN FLAHERTY CONSTRUCTION, INC. The undersigned, constituting the only Director and sole shareholder of the above entitled Corporation, does hereby adopt and approve in writing, effective the date below written, the following corporate action without a meeting in accordance with the provisions of Idaho law: 1. RESOLVED, That the following persons are elected as the officers of the Corporation to hold such office for the remainder of the year or until the regularly scheduled annual meeting or such time as their respective successors are duly elected and qualified, or such time as they are removed by the Board of Directors: President: John Flaherty Vice President: Craig Eisenberg Treasurer: John Flaherty 2. RESOLVED, that John Flaherty, as President, and/or Craig Eisenberg, as Vice -President of the Corporation, is each directed, authorized and empowered to perform any lawful act for and on behalf of the Corporation, and the signature of one shall be an act of the corporation. Either John Flaherty, as President, or Craig Eisenberg, as Vice -President shall have the power to sell, convey, contract to sell, to sign and to execute any documents relating to the sale, and to do any acts whatsoever regarding the sale of any or all of the real estate properties of the Corporation, including, but not limited to deeds, bills of sale, transfer documents, earnest money agreements, sales contracts, loan or disclosure documents, closing statements, and the like. Dated this 16"aay of July, 2000. / John a erty SOLE DIRECTOR AND SHAREHOLDER STATE OF IDAHO, ) COUNTY OF ADA, ) ss. ACTION OF SOLE SHAREHOLDER AND BOARD OF DIRECTORS On this j Og''day of July, 2000, before me, the undersigned a Notary Public in and for said State, personally appeared John Flaherty, known or identified to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. CVS 13 ••''AIt Notary P blic for I aho 1...••'•••••:� •., Residing in Boise, Idaho ' '• �oTAR Y •� -.My Commission Expires:L�-!o - pUBLl i • ''••.;� rE of t° •.•. ACTION OF SOLE SHAREHOLDER AND BOARD OF DIRECTORS John Flaherty Construction 6002 Franklin Rd., Boise, ID 83709 April 24, 2001 Mayor Robert Corrie And City Council Members Meridian City Hall 33 East Idaho Street Meridian, Idaho 832642 Dear Mayor and Council Members: This letter and attached documents comprise our application to the City of Meridian for a three-foot, six-inch (3'6") variance to the rear yard setback for our home at 2421 E. Weir Creek Dr in Meridian. Here is a concise description of our urgent situation and our need to seek a three-foot, six-inch variance: Variance application item No. 1 -- attached Variance application item No. 2 -- attached Variance application item No. 3 -- attached Variance application item No. 4 -- attached Variance application item No. 5 -- we are requesting a three-foot, six-inch variance to the Meridian Zoning Ordinance, rear yard setback. The ordinance identifies a rear yard setback of 15 feet. We are asking for an 11 -foot, six-inch rear yard setback. Variance application item No. 6 -- the reason we cannot comply with 15 -foot rear yard setback is because our home is already 1 constructed. The back of our existing outdoor covered patio is located 11 -foot, six -inches from our rear property line. When our home foundation was constructed during December 2000, the contractor accidentally started their measurement from a three foot offset witness property pin. The actual property pin is covered by the concrete sidewalk -that follows the street and is separated by a mow strip. Because Thousand Springs Subdivision has a separated sidewalk with a mow strip in between, the real property pins are located in the sidewalk. Some are not. The subdivision surveyors installed three foot offset witness pins near the sidewalk as an additional measuring point. These witness pins are the exact same pin and colored cap as all the property pins located through out the entire Boise Valley and Meridian City Subdivisions. As you can understand, having several survey pins all the same type and color near each other is very confusing. Due to confusion over which pin was our correct property marker, an incorrect measurement was take. Now our house is 3 -foot, 6 -inches closer to the rear property line because of an accidental miss -measurement from the wrong pin. This was an honest mistake, which occurred during frozen ground and snowy weather. Our actual home is well within the setback but our outdoor covered patio penetrates into the rear yard setback by 3 - feet, six inches. Variance application item No. 7 -- the Meridian Zoning Ordinance requires a 15 -foot rear yard setback. Our existing covered patio penetrates the rear yard setback by three-foot, six -inches. This is not an error we intentionally created but it now affects our home and neighborhood. We are respectfully requesting that the Meridian City Council approve an 11 -foot, 6 -inch rear yard setback for our patio as a result of the mismeasurement situation. Variance application item No. 8 -- if our three-foot, six-inch variance request is denied, we will have to dismantle the covered patio, alter the roofline and remove the concrete patio pad in order to relocate the bearing points which are poured under the concrete pad. This will ruin the appearance and function of our home roofline and covered patio. Our home will be devalued and this would be a negative factor not only to our home but to our neighborhood as well. 2 Variance application item No. 9 -- the Meridian Zoning Ordinance sets the actual home structure at the 15 -foot rear yard setback. In this case, our home is located about 28 -feet from the back property line (except one small jog in the back about 12'x 8', see attached plot plan), so our home itself definitely complies with the setback line. Unfortunately, our outdoor patio extends 3 -foot, six -inches closer to the rear lot line as listed in the City's zoning ordinance. Because our actual home setback complies with the zoning ordinance, we are asking for a variance to keep our covered patio intact and prevent demolition of our outdoor patio and roofline. The three-foot, six-inch variance is for the patio and patio roofing only, not for the home structure. Variance application item No. 10 -- our subdivision, Thousand Springs development, has separated sidewalks with property pins located underneath the concrete sidewalk. During sidewalk construction, surveyors set three-foot offset witness pins of the same color and type as the real property pins. These pins being the same color and type set in the entire Boise Valley and Meridian City Subdivisions became somewhat confusing to many builders trying to figure out which pin to use for setting the foundation layout. When our home was constructed, the sidewalk was covered with dirt and ice plus there was construction debris in the area. Unfortunately, the only pin our concrete contractor could locate was the three-foot offset witness pin. He believed that this pin was the correct measurement marker based on other measurements he made at adjoining households. Unfortunately, this was not the correct pin and our house was constructed with a three-foot error. Variance application item No. 11 -- because our actual home is well within the 15 -foot rear setback and only the outdoor covered patio has a three-foot, six-inch location error, we are requesting that the Meridian City Council approve this variance request. We want to have a functional and attractive patio just like our neighbors. If we have to demolish our patio and roofline, it will devalue our property and property values in our neighborhood. A partial patio and altered roofline would be unattractive for our neighbors and us. Variance application item No. 12 -- the company that installed our concrete foundation made this mistake by measuring from the wrong 3 survey pin. However, we now understand this was an honest mistake caused in part by too many confusing survey pins and frozen ground conditions. Variance application item No. 13 -- this variance does not constitute a special privilege. We are trying to prevent loss of property value to our home and the neighborhood. We want to preserve a functional and attractive roofline on our house and patio structure, which will also preserve the attractiveness of our neighborhood. Variance application item No. 14 -- we are not requesting this variance for profit, or for convenience. We are requesting this variance to preserve the property values in our neighborhood and keep our outdoor patio functional and attractive for the neighbors and for ourselves. Variance application item No. 15 -- the Meridian Comprehensive Plan policies indicate that the City will take necessary steps to protect neighborhood property values, preserve neighborhood investment and encourage attractive development. Our variance application is supported by the Meridian Comprehensive Plan and complies with the Land Use, Housing, Community Design and Implementation chapters of the Meridian Comprehensive Plan. Variance application item No. 16 -- attached Variance application item No. 17 -- attached Variance application item No. 18 -- attached Variance application item No. 19 — attached Variance application item No. 20 — attached Variance application item No. 21 — attached Variance application item No. 22 — will deliver notarized statement to Zoning Administrator when the said property has been posted. 4 Please schedule our variance hearing at your earliest convenience. We are unable to close this property transaction because of this situation so naturally we are very concerned and hope you can approve this three-foot, six-inch (3'6") variance request. Respectfully; John Flaherty Construction Inc., 5 cn 'b0 t>- t7" 0 -9 ct C4 Cn O O O O CTJ 4� VA E. WEIR (.,RE.FfK DR. m PL= 80.00' S 55'00'00" W JOHN FLAHERTY z ON& CONSTRUCTION w 6002 FRANKLIN RD. BOISE, ID. 83709 REV. v M C K E N Z I E 0 DESIGN WORKS 6002 FRANKLIN RD. BOISE, ID. 83709 w 0 0 w 0 0 m N 44h N C � -^rn • r - Z -� m -t - �0 m m A c/) JOHN FLAHERTY Nhhb.-. F3 mff—w� CONSTRUCTION 6002 FRANKLIN RD. BOISE, ID, 83709 REV. MCKENZIE "u 0 2DESIGN WORKS 6002 FRANKLIN RD. BOISE, ID. 83709 2421 E. WEIR CREEK PROPERTY OWNERS WITHIN 300' THOUSAND SPRINGS SUB HOA INC HALLMARK ENTERPRISES INC 4550 W STATE ST 2918 E MOON DIPPER CRT BOISE ID 83703-0000 MERIDIAN ID 83642-9138 S TAGISH WAY 2458 E WEIR CREEK DR 2817 5 BRANDY'S JEWEL AVE 2420 E WEIR CREEK DR M & W HOMES INC HEPPER HOMES INC 1894 S PEPPERBUSH PL 43 E FAIRVIEW BOISE ID 83709-0000 MERIDIAN ID 83642-0000 2445 E INDIAN CREEK DR 2509 E WEIR CREEK DR 2489 E WEIR CREEK DR 3003 S TAGISH WAY BORUP CONSTRUCTION INC DOMME JOHN E 2250 N MERIDIAN RD DOMME VONNIE M MERIDIAN ID 83642-1601 2870 5 TAGISH WAY 2427 E INDIAN CREEK DR MERIDIAN ID 83642-0000 GLENN JOHNSON HOMES INC WALLENTINE ERIC J 2424 5 MAPLE GROVE RD WALLENTINE SHANELL D BOISE ID 83709-0000 2400 E WEIR CREEK DR 2492 E WEIR CREEK DR MERIDIAN ID 83642-0000 2909 5 TAGISH WAY ROPER RANDALL D WHITE & SONS CONSTRUCTION LLC ROPER EDITHA B 565 JACKSON ST 2881 S TAGISH WAY BOISE ID 83705-0000 MERIDIAN ID 83642-0000 2470 E WEIR CREEK DR 2863 5 TAGISH WAY DANNOURA MUNENOBU DANNOURA KYOKO FARWEST LLC 2443 W WEIR CREEK DR 4550 W STATE ST MERIDIAN ID 83642-0000 BOISE ID 83703-4467 2403 E INDIAN CREEK DR WESTROCK HOMES INC 2440 E WEIR CREEK DR 4643 E BOWMONT ST 2375 E INDIAN CREEK DR MERIDIAN ID 83642-0000 2465 E WEIR CREEK DR 2524 E PISTOL CREEK DR 2546 E PISTOL CREEK DR 2468 E PISTOL CREEK DR SHAUL LESLIE J 2399 E WEIR CREEK DR SHAUL VINITA S 2497 E PISTOL CREEK DR 2895 S TAGISH WAY MERIDIAN ID 83642-0000 JOHN FLAHERTY CONSTRUCTION INC 6002 FRANKLIN RD BOISE ID 83709-0000 2421 E WEIR CREEK DR 2988 5 TAGGISH WAY GARNER MICHAEL D GARNER JERELYN 2500 E PISTOL CREEK RD MERIDIAN ID 83642-0000 LAURANDEAU MARK LAURANDEAU KRISTIN 2403 E WEIR CREEK OR MERIDIAN ID 83642-0000 MARKAR DESIGN AND CONSTRUCTION INC 2830 DUANE DR MERIDIAN ID 83642-0000 2545 E PISTOL CREEK DR STOCKTON LARRY G STOCKTON ANDREA N 8690 DONNYBROOK OR BOISE ID 83709-0611 2430 E PISTOL CREEK DR STACY CONSTRUCTION INC 1858 E SUMMERCOVE DR MERIDIAN ID 83642-0000 2521 E PISTOL CREEK DR DOLL ANDY C DOLL JUDY A 2404 5 PISTOL CREEK MERIDIAN ID 83642-0000 2404 E PISTOL CREEK DR OLSEN MARK D OLSEN MARY PO BOX 50061 BOISE ID 83705-0000 2969 5 GIVENS WAY RECORD CLAYTON III do SUSAN T 4355 W VICTORY RD MERIDIAN ID 83642-6833 2384 E VICTORY RD LINKO NEIL A LINKO NICOLE L 29915 GIVENS WAY MERIDIAN ID 83642-0000 COSTNER SHARON 9811 W CAROLINA OR BOISE ID 83709-0000 2985 5 TAGISH WAY HANSEN MARVIN R HANSEN NANCY J 2460 E VICTORY RO MERIDIAN ID 83642-7050 OASIS CONSTRUCTION INC 3070 5 SLATE CREEK WAY MERIDIAN ID 83642-9166 3010 5 TAGISH WAY John Flaherty Construction 6002 Franklin Rd., Boise, ID 83709 April 24, 2001 Mayor Robert Corrie And City Council Members Meridian City Hall 33 East Idaho Street Meridian, Idaho 832642 Variance application item No — 21 & 22 Dear Mayor and Council Members: John Flaherty Construction Inc. will post the property in question one week prior to the public hearing being held on this matter. Posting will contain: A) Name of Applicant B) Description of variance C) Time of the public hearing After the property has been posted John Flaherty Construction Inc will deliver to the Zoning Administrator a notarized statement that we have posted the property and the date the posting was placed. Respectfully; JohnT-t9Fterty President John Flaherty Construction Inc., 1 Wj .'C 'o 7 co LLI=wc Q QM`p CCa> G V JOHN FLAHERTY CONSTRUCTION, INC. 6002 FRANKLIN ROAD BOISE, ID 83709 PH (208) 345-5588 WASHINGTON TRUST BANK SPOKANE, WA 99201 28.8/1251 4/25/2001 PAY TO ORDER OFE City Of Meridian $** 259.18 Two Hundred Fifty -Nine and CITY OF MERIDIAN 33 E IDAHO AVE MERIDIAN ID 83642 MEMO 09345 DOLLARS II'00934Sill 2 5 310008 91: LO 2680 LII' 8 SECURITY FEATURES INCLUDED. DETAILS ON BACK.B 1 :\..�r W.t,;-arw_tr .. .�. I ° N° v a a < C w 0 0_ o - N � (O U � 0 2 d •� a E C7 � u v Q A "7 y o U � > tw N T V :i m u v Z ICC M ,n N ( E o J 0 z ¢ Q JOHN FLAHERTY CONSTRUCTION, INC. 6002 FRANKLIN ROAD BOISE, ID 83709 PH (208) 345-5588 WASHINGTON TRUST BANK SPOKANE, WA 99201 28.8/1251 4/25/2001 PAY TO ORDER OFE City Of Meridian $** 259.18 Two Hundred Fifty -Nine and CITY OF MERIDIAN 33 E IDAHO AVE MERIDIAN ID 83642 MEMO 09345 DOLLARS II'00934Sill 2 5 310008 91: LO 2680 LII' 8 SECURITY FEATURES INCLUDED. DETAILS ON BACK.B 1 :\..�r W.t,;-arw_tr .. .�. ..'.... ..�.-... �....��y.-.. ...- .,..1, ��-.��r... .._�.... ... _. �..�.. _. .. _r. �...--.-... .-...-..... ...._.,._-�I ..... __ .... .i .. .....t ... ......._r _-..._.. _-. ..._..__.. JOHN FLAHERTY CONSTRUCTION, INC. 6002 FRANKLIN ROAD BOISE, ID 83709 PH (208) 345-5588 WASHINGTON TRUST BANK SPOKANE, WA 99201 28.8/1251 4/25/2001 PAY TO ORDER OFE City Of Meridian $** 259.18 Two Hundred Fifty -Nine and CITY OF MERIDIAN 33 E IDAHO AVE MERIDIAN ID 83642 MEMO 09345 DOLLARS II'00934Sill 2 5 310008 91: LO 2680 LII' 8 SECURITY FEATURES INCLUDED. DETAILS ON BACK.B 1