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CITY OF MERIDIAN
728 Meridian St. Meridian, ID 83642
VARIANCE APPLICATION
(RE: Meridian Zoning Ordinance
~~~~~T PHONE
Owner or hol d~eryof valid option ~~
ADDRESS: 2.31 f# ]',T'i ANT~T i~iav j+~eri di arirln -
GENERAL LOCATION: ~nnvhrnnk Farm Ri~'tx7i Vj~gi nn off ('harr~r i ~e
LEGAL DESCRIPTION OF PROPERTY: LOt 6 in block g of Surinvbrook Farms No. 3.
according Ta the official plat thereof filed in Book 52 of Plats at Page /.,~69-4470,
records of Ada County ID.
PROOF OF OWNERSHIP OR VALID OPTION: A copy of your property deed or option
agreement must be attached.
PRESENT ZONE CLASSIFICATIONL KF~;
VICINITY SKETCH: A vicinity map at a scale approved by the P1ayor showing
property lines, streets existing and proposed zoning and such other items
as the Mayor may require.
SURROUNDING PROPERTY OWNERS: A list of all property owners and addresses
within contiguous to, directly across the street from, and within a 300'
radius of the parcel (s) proposed for a Variance must be attached.
(This information is available from the County Assessor.I) I
DESCRIPTION OF PROPOSED VARIANCE: /-~o~(~ LQ~ ~[~~. -~~~C~. `~.
~~9~Y-~~-u <<r~ mn cam. S~ o~ .~
SIGNATURE:
Date Rec
Received
CITY COUNCIL RECORDS
Ci~Council Hearir,~ Oate
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a CITY OF MERIDIAN
728 Meridian Street
perty Line 888-4433
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Leave Open Access
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Leave Open Access
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REQUIREMENTS: VARIANCE
Attach a site plan showing all details of the proposed
development, Complete the following questions and return
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with the application.
1. What is intended to be done on Ior with the property?
2. What special conditions and circumstances exist which
are peculiar to the land, structure, or building involved and
which are not applicable to other lands. structures, or buildings
i n the same district? ~-~ n~p~ ~ ~ ~ ~2~1Z. ~(~~ ~ w~(~
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3. Why will a literal interpretation of the provisions of
this ordinance deprive you of rights commonly enjoyed by other
properties in the same district under the terms of this ordin nce?
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4. What special conditions or circumstances exist hat were
not a result of your actions? ~ ~ ~..~
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5. Why will the granting of this Variance not confer on you
any special privilege that is denied by this Ordinance to other
lands, structures, or building in the same district?/~1
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:.. MERIDIAN CITY COUNCIL JUNE 21, 1988
~~` Regular Meeting of the Meridian City Council called to order by Mayor
~.
Grant Kingsford at 7:30 p.m.:
~'~ Members Present: Bill Brewer; Ron Tolsma; Bert Myers; Bob Giesler:
si~<'`- Others Present: Bob Mitich, Gary Smith, Walt Morrow, Kay Beumeler,
~~3:'~ Moe Alidjan~., Wayne Crookston, Relly Way, Kevin Ro ertson:
~,~,-
"- The Motion was made by Brewer and seconded by Tolsma to approve the
~' ~ minutes of the previous meeting held June 7, 1988 as written:
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;,.k,-<;* Item #l: Request for Variance by Kelly Way, tabled at last Meeting:
~;
Mayor Kingsford: In your absence at the last meeting, there was some
~ concern, particularly with. safety this was tabled.
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Way: I talked to the title company about getting a deed restriction
~~'~~. that if the road ever does go through, the fence could be lowered.
Any subsequent owner would be bound by that deed restriction this
4;~=, would be an alternative.
;r,;
Brewer: How about Councilman Giesler's comment at the prior meeting
~~ bout the fence apparently being a foot higher than the six feet?
Fa Way: It has a slope on each section, so it is about four inches over
`~ '. six feet.at the highest point. I can cut it down, it is not going to
~~ `~ be a problem._
~~.
{"~ Mayor Ringsford: Our ordinance speaks to six feet in the back. City
'~~'' Engineer would you have any comments on that?
~` City Engineer: I can understand what Mr. Way wants to do and right now
~_~~' it is not a serious problem, because there is not any traffic going
~ o~gh there except the fellow who lives to the east of him, the
fellow living to the east does have a bit of a problem when he backs
~`~~~'`' out of his driveway, the driveway is up against the fence, so he can
not see anything until he gets to the sidewalk. I had not noticed that
,~~ ...
,,,,;__ until I met with the building inspector out there last nite and he had
-' talked to the neighbor next door, he had mentioned that. My biggest
concern even though it is on the deed as a matter of record, how do
we enforce it.
;;;;
s~"-'; Mayor Kingsford: Counselor, with regards to that in terms of liability,
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if we require it to be lowered at the time the street go through does
~ that relieve the City of liability?
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City Attorney: There is always exposure
to the City, but if there is a
' ®deed restriction there and if liability is a concern that deed restrict-
s ion probably should include a indemnity and hold harmless by the
~,~ property owner. It is correct that you c an do something as Mr. Way
;
'~~` suggests by a deed restriction but also the comments of the City Engineer
~~ '' are pertinent. I was wondering if there were any comments by ACRD on
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the application.
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MERIDIAN CITY COUNCIL
JUNE 21, 1988 ~ •
PAC.~E # 2
a+~layor Kingsford: There were conflicting comments by them.
Brewer: I would like to see us stick to our ordinance.
~;_;- City Engineer: I forgot to mention the reason we met Mr. Way out there
n last nite was to see if a compromise could be worked. out. It appeared
~" ,, from our stand point that if he was to pull that fence back ten feet
from the property line that would still be in violation of the ordinance
but the neighbor to the east did not have a problem with that. We
~;;:<,-~ concurred that this would be a solution to the problem.
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_ There was discussion on this.
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X-;I It was discussed that maybe the restriction as far as removal of the
fence could be put on the present property owner before sold.
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Giesler: What I have a problem with is not the road but the sidewalk
~~~~' when the property owner to the east is backing out he cannot see until
*''-'~ he is clear out past the end of the fence and it could be quite
dangerous for children playing in the area. I have a real concern about
the neighbor having to back out not knowing what is going to be there.
>.~~' I would feel a lot more comfortable with the ten feet setback from the
-~~`'~ property line if it went clear to the property line I would be in favor
~~: :` of a shorter fence.
i ~ !Brewer: I feel we need to abide by our written codes and not consider a
~ variance at all.
~~.
Myers: I_do not have any problem with the compromise that the City
~~~ ~ Engineer and the Building Inspector came up with.
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Y ~ Mayor Ringsford: Is the Council prepared to take action? I would make a
r=.. -; recommendation that we consider either the proposal by the City Engineer
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and the Building Inspector and/or the provision of an open fence.
_ Something that would be visible through.
~` The Motion was made by Myers and seconded by Tolsma that a Variance be
~`- granted with a ten foot setback as recommended by the Building Inspector
~~'<~ and the City Engineer.
Motion Carried: All Yea:
~ '`
Department Reports:
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~r-- City Engineer: Did you want to postpone that discussion we had with ,
a, .
~'~ APA until the next meeting? '
~`~` Mayor Kingsford: Let's do.
~;
~ City Attorney: I have talked to all of you about the decision of Alpbert
fi:~'':', ~gainst the City of Meridian but for the record the Cities of Ada County
~~ did prevail at the trial court level on summary judgement.
~~.
~ Mayor Kingsford: Has a motion for appeal been filed?
,,,; City Attorney: Not to my knowledge.
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MERIDIAN CITY COUNCIL
JUNE 21, 1988 O
PAVE # 3
Giesler: If the Building Inspector or City Engineer are out by where
the fence variance was granted my tape must be off on that fence as I
was showing right at seven feet on it, would you measure it.
Myers: I might say the Paint the Town was a sucess.
Mayor Kingsford: I meant to bring a letter out, we received one already
which was very complimentary sighting some names but left out a number,
the Kiwanis Club should be commended in particular Terry Smith and Jack
Sweet and a whole group of folks from the Kiwanis and other, agencies
who participated in this project.
Mayor Kingsford: We need the department budgets.
Being no further business to come before the Council the Motion was made
by Myers and seconded by Tolsma to adjourn the meeting at 8:02 p.m.:
Motion Carried: All Yea:
(TAPE ON FILE OF THESE PROCEEDINGS)
APPROVED:
GRANT KINGSFORD, MAYOR
~ ATTEST:
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~ MERIDIAN CITY COUNCIL
JUNE 7, 1988
~':> ,> PAGE # 2
E~.`~~~ Item #2: Variance Request by Kelly Way:
Mayor Kingsford: What is the Council's desire on this, do you want to
r~ _~ proceed on this or just wait and hear from him, did you have questions
t ..,.;
;;~. for him?
~'' y Brewer: I went out and looked at this tonite on my way here and going
``t'~` East on Chateau and then turning South on Leann Way and then coming back
to the approach to the stop sign that actually deals with this site
=s'~'1 triangle and pulling up to that stop sign, I would say that there is
~~`''' no way that the fence could be put where he wants it, I would say
that it has to be put back to the legal limits. I think we should
~;:-,~;. abide by our code and not allow this variance.
;~:
''~'~~' Cit En ineer: The site trian le we have in our Ordinance this does
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not conflict with that, however there is a site distance requirement
~~~'~` based on speed of a vehicle and the actual time a driver has and the
braking time of a vehicle at a specified speed under wet pavement
''' conditions. The speed limit on Chateau will be 25 miles per hour and
~~, `
~~ based on a wet pavement condition it would require a stopping dist-
ance of 150 feet. When I positioned my vehicle at Leann and Chateau
looking to the North and when I paced it off there was 130 feet.
~~''~ I would say this would be in conflict with our site distance as
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~:°~~ opposed to our site triangle.
~ ;:'
Mayor Ringsford: Out in Meridian Park, we did have a similar situation
-:: . and we worked with the gentleman and he pulled the fence in at an
R~.-- angle, is there something that maybe we could do along this line?
~; ;
City Engineer: It is possible, although with the way the streets
±`° curve it could create some problems but by modification of that
F fence could solve the problem. It could create some awkward angles
'~'? '?~ in his yard.
Giesler: It also looks to me like his fence is going to be more than
six feet high.
.~ ,
~' Mayor: Mr. Mitich, has he picked up a building permit?
` ~ Mitich: I as a matter of fact instigated his applying for a Variance,
~~~'`~ because I 'did not feel it was correct. If the street ever went through
~~~' there would be a problem, now I do not really have a problem with it.
r~- Brewer: Since he has not put the panels up on all the posts even
s''~-' though we seem to have our minds made up and it not being an emergency
~'":~ of course, maybe table this until the next meeting and give him a
chance to come in and participate in this discussion. I would make a
~; ; motion to
~' ~^~ Mayor Ringsford: We have to have the Public Hearing since it was
noticed for tonite, therefore I will open the Public Hearing. Is there
~ "'- anyone in the audience who wishes to testify in this matter? There
was no response. The Public Hearing was closed. I might just offer
up one suggestion if the Council would be interested in that and that
"~~-" is maybe the Council authorize the City Engineer and the Building
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MERIDIAN CITY COUNCIL •
JUNE 7, 1988
PAGE ~ 3
Inspector~to strike an acceptable medium to the City if they can.
The Motion was made by Brewer and seconded by Myers that we table
this issue to the next regular meeting and in the mean time we inst-
ruct our Building Inspector and City Engineer to see if a solution
can be arrived at for both the applicant and the City of Meridian.
Motion Carried: All Yea:
Department Reports:
Building Inspector: I have one problem I would like the Council to
make some kind of decision or recommendation on, we have a couple of
builders who seem to have a problem calling in for inspections when
they are needed. I was recently asked to make a final on a house that
was never called in fora framing or electrical inspection. I have had
the same problem with these builders all along, what I would like to
do is not give these builders a final inspection unless they come
before the Mayor and Council as an Appeals Board and ask for the
Final Inspection, they have two houses this way at the present time.
I would like your permission to let it go that far, make them come
before the Mayor & Council.
Mayor Kingsford: I may not understand this properly but when you approve
a final inspection, you are putting your name and the City on to that it
met all those qualifications unless you were to rip off that sheetrock
and look at it there is no way you could do that. I do not think they
should be inspected.
Building~Inspector: I do not feel right about doing it, I have no idea
what was in there, I do feel confident about the framer that did the
job and also the electric~.a~,still I did not see it.
Brewer: I think this is a good idea, it might wake these people up,
and I suppose maybe to finally get out of this we would have to have
the el'ectrici.an and the framer come before this body at the same time
and make an assurance of the work that took places it would be that
or tear it off.
There was more discussion on this among the Members and the Building
Inspector.
Mayor Kingsford; I think it would be appropriate if some kind of
notification was put on the house that it has not been inspected for
the homeowners benefit so they would also know.
It was the concensus of the Mayor and Council not to do an inspection
on these units.
Councilman Giesler: A Couple of weeks ago I was invited out to Storey
Park in your absence, to receive the tickets for the first Boise Hawks
Game, I was contaced by the American Legion, Mr. Roy Chigbrow purchased
the tickets for the Mayor & Council and I was to make sure you got the
first ticket of the season ~ 38001, Mr. Brewer 38002, Mr. Tolsma 38003,
Mr. Myers 38004 and myself 38005. I thought this was very nice of Mr.
Chigbrow.
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VARIANCE REQUEST
KELLY J. WAY
2318 LEANN WAY
SUNNYBROOK FARMS
C O M M E N T S
l: ADA COUNTY HIGHWAY DISTRICT: SEE ATTACHED:
2: CITY ENGINEER: COMMENTS ATTACHED: E
3: POLICE CHIEF: COMMENTS ATTACHED:
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.~®A C®UN Y 1~11Ca~1W~4~IS~'T~1C'~'
318 EAST 37TH STREET
BOISE, IDAHO 83714
Inter-Department
Correspondence
To: Ada County Highway District Commission
Date: 5-17-88
From: Development Services
Subject: MERIDIAN VARIANCE - 2318 LEANN FENCE
FACTS & FINDINGS:
1. Kelley J. Way requests a variance fora 6-foot fence to the edge of
property line.
2. Leann Way and Chateau Drive have adequate right-of -way and are fully
improved.
3. The fence posts are already installed and it appears that the fence will
not present an obstacl
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4. Generally there is 3 to 4-feet behind the sidewalk where underground
utilities are located. Any fencing constructed in this area may cause
damage to utility lines and encroach into the utility corridor.
RECOMMENDATIONS:
1. An.y work within ACRD right-of -way requires a permit. For information
regarding the requirements to obtain a permit, please contact Quality
Control at 345-7667. CU, DR, or PDC file number required.
2. Provide for the clear vision sight triangle at the corner of Leann Way
and Chateau Drive, in accordance with Idaho Code 49-593.
POLICY IMPLICATIONS:
1. Requirements are made to Meridian Planning & Zoning as condition for
compliance.
SIGNATURE OF STAFF SUBMITTING:
Jon D. Thompson
19.25
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NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the
City of Meridian and the laws of the State of Idaho, that the
City Council of the City of Meridian will hold a public hearing
at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho,
at the hour of 7:30 o'clock p.m., on June 7, 1988, for the
purpose of reviewing and considering the Application of Relly J.
Way for a variance to allow a 6' fence to be moved to the edge of
their property line which property is described as Lot 6 in Block
8•' of Sunnybrook Farms No. 3, according to the official plat
thereof, and is known by the address 2318 Leann Way.
A more particular legal description is on file in the office
of the City Clerk of the City of Meridian and is available upon
request.
Public comment will be taken and is welcome.
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NOTICE OF PUBLIC HEARING
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AMBROBE,
FITZCiERALD
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Attorneys erM
Counselors
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P.O. BOX 427
'il ` - Meridian, Idaho
83842
_~.;' „^' Telephone888~4187
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NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the
City of Meridian and the laws of the State of Idaho, that the
City Council of the City of Meridian will hold a public hearing
at the Meridian City Hall, 33 East Idaho Sheet, Meridian, Idaho,
at the hour of 7:30 o'clock p.m., on June 7, 1988, for the
purpose of reviewing and considering the Application of YCelly J.
Way for a variance to allow a 6' fence to be moved to the edge of
their property line which property is described as Lot 6 in Block
8 of Sunnybrook Farms No. 3, according to the official plat
thereof, and is known by the address 2318 Leann Way.
Amore particular legal description is on file in the office
of the City Clerk of the City of Meridian and is available upon
request®
Public comment will be taken and is welcome.
Niet[~nn, City Clerk
o
APPLICATION AND STANDARDS FOR VARIANCES
A variance from the terms of this Ordinance shall not be granted by
the Council unless and until a written application for a variance is
submitted to the Administrator and the Council containing, where
applicable. (Application available from Administrator.):
1. Address of subject property;
2. Name, address and phone number of applicant;
3. Name, address and phone number of owners of subject property;
4. Proof of ownership or valid option on the property or a contract
interest therein with consent of the titled owner;
5. Legal description of subject property;
6. Present use of subject property;
7. What is intended to be done on or with the property;
8. The district that pertains to the subject property;
9. Vicinity map at a scale approved by the Council showing property
lines, existing streets, proposed district and such other items
as may be required;
10. Schematic building plans which indicate typical elevation and
floor plan of any proposed construction;
11. A list of the mailing addresses of all property owners (from
authentic tax records of Ada County) within three hundred (300)
feet of the external boundaries of the land being considered
and a listing of the mailing addresses of all property owners
within the area of the land being considered;
12. Characteristics of subject property which prevent compliance
with the requirements of this Ordinance;
13. Minimum requirements of this Ordinance that need to be reduced
to permit proposed use;
14. Difficulty or hardship which would result if requirements of
this Ordinance were applied to subject property;
15. Unusual or peculiar circumstances which indicate that regulations
of this Ordinance should not be strictly complied with;
16. Statement that special conditions and circumstances exist which
are peculiar to the land, structure or buildings involved and
which are not applicable to other lands, struct~ces or buildings
in the same district;
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CORPORATE WARRANTY DEED
FOR VALUE RECEIVED,
R & M HOMES, INC., an Idaho corporation
a corporation
organized and existing under the laws of the State of Idaho, with its principal office at Meridian
of County of Ada , State of Idaho,
GRANTOR, hereby GRANT, BARGAIN, SELL and CONVEY unto
KELLY J. WAY, a single person GRANTEE
whose current address is: 2318 Leann Way, Meridian, Idaho 83642
the following described real property located in Ada County, State of Idaho,
more particularly described as follows, to wit:
Lot 6 in Block 8 of SUNNYBROOK FARMS NO. 3, according
to the official plat thereof, filed in Book 52 of Plats
at Page 4469-4470, records of Ada County, Idaho.
Y «' TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee(s), and
~~r k Grantee(s) heirs and assigns forever. And the said Grantor does hereby covenant to and with the said
~' Grantee(s), that Grantor is the owner in fee sim le of said remises• that said remises are fr
P P ee from alt encum-
P
bra c
n es, EXCEPT those to which this conve ante is ex ressl made sub'ec
t and those a
Y P Y 1 m de, suffered or done
r by the Grantee(s); and subject to reservations, restrictions, dedications, easements, rights of way and ~~ `
`~ ~ agreements, (if any) of record, and general taxes and assessments, (including irrigation and utilit
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L t~ - assessments, if any) for the current year, which are not yet due and payable, and that Grantor will warrant and ,
' I defend the same from all lawful claims whatsoever.
..• ~:
~` The officers who sign this deed hereby certify that this deed and the transfer represented thereby was du-
;;~ ly authorized under a resolution duly adopted by the board of directors of the Grantor at a lawful meeting duly
~f ~ r°~- held and attended by a quorum.
in witness whereof, the Grantor has caused its corporate name to be hereunto affixed by its duly authoriz-
'~ ed officers this day of January , in the year of 1987
~~y
_ R & M HOMES, INC.
' ~~ (CORPORATE SEAL)
~. •
(CORPORATE NAME)
~ ~ 13
€ ,~~ PRESIDENT
si RLTCGFT_+L CONrE'_.
r
~ ~ Attest:
~; , - SECRETARY
„ ?. ~i
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wE; STATE OF IDAHO, COUNTY OF
STATE OF ID:PiHO ~ Coun of Edda
~T--`-' ~ ~ ~• I hereby certily that this in men was Cited for record at the request
} • ~ ~ `' •' of STEWART TITLE
On this 1 t
r --~-.~:~'aY4f ~'JanuaiLy ~/J
in the year of ~,~ 14A7 before me, the undersigned, a at' ~~ minutes past o'clock /`"~ M..
~ ~ Notary Publtc, in acid i'ptsatd State, petspnally appeared this da of
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~ ' .. , NHS $~~~~~T~R. , . ' ~ ~ ~ s "
knownotideni{fiedtioTn~tpbe'the - ~PreBident t~ ,~ in my office, an y recorded in
~, ~ • • of Deeds at Page
4' ; ~ pf tl[e`€o . taiion that executed the insttumrnt J~ B~~TIDA
' of the pergoti_ who exC instrument on behalf of said ~or-
~?t poLatidn, and ~c~ttcAv deed to ~ that such co ra ' n e t the Ex 011ieio Recorder ,
~ ~ same. ~ r - ~1 ~ ~/~j
~.,,r,• ~i~3°b Deputy
'~- s. ~,••• •' Nam f• .Tanc~t T._ R1 nanh Fees $
_ ~ .~ ~. 't ; (type orprin[) Mail (0%///~
~`~ ; Residing at: -~a~Se,~•-~da~^ G~'~
~ ; - My romknission expires:• 3 / 17 / 8 7 " s `
This form furnished courtesy of
,~
:rE STEWART TITLE OF IDAHO, Inc. ---
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