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Tustin Subdivision No. 2 ALT-15-011 Mayor Tammy de Weerd ERIDIAN City Council Members: Keith Bird Joe Borton Luke Cavener Genesis Milam IDAHO Charlie Rountree David Zaremba April 15, 2015 Mr. Kent Brown Conger Management Group 3161 E. Springwood Drive Meridian, ID 83642 RE: Tustin Subdivision No. 2 (FP-13-043) -ALT-15-011 Dear Mr. Brown: This letter is to confiiiu the Director approved your request for alternative compliance to Unified Development Code (UDC) 11-3A-7A.7 for the subject property based on the required Findings listed in UDC 11-5B-5E, as follows: 1. Strict adherence or application of the requirements are not feasible; or The Director finds that strict adherence to the provisions in UDC 11-3A-7A.7 is feasible but does not meet the Applicant's desire to provide a more secure yard area for children and small animals in residential lots abutting common area. 2. The alternative compliance provides an equal or superior means for meeting the requirements; and The Applicant proposes to construct a 4-foot tall solid vinyl fence with a 2 foot spindle top which is essentially a combination of the two fencing types allowed adjacent to common areas. The Director finds the applicant's proposal provides an equal means of meeting the intent and requirements of the UDC by providing a view of the common area from the residential properties. 3. The alternative means will not be materially detrimental to the public welfare or impair the intended uses and character of surrounding properties. The Director finds the alternative means of complying with the fencing requirements listed in the UDC will not be materially detrimental to the public welfare or impair the residential uses and character of the surrounding properties. The Applicant,Director, or a Party of Record may request City Council review of a decision of the Director. All requests for review shall be filed in writing with the Planning Division of the Community Development Department . 33 E. Broadway Avenue, Ste. 102, Meridian, ID 83642 Phone: 208-884-5533 Fax: 208-888-6854 www.meridiancity.org Community Development Department on or before May 2, 2015, within fifteen (15) days after the written decision is issued, and contain the information listed in UDC 11-5A-6B. If City Council review of the decision is not requested,the action of the Director represents a final decision on a land use application. You have the right to request a regulatory taking analysis under Idaho Code 67-8003. Thank you for contributing to the success of Meridian. Please help us serve you better in the future. Visit our web-site at www.meridiancity.org/Planning/to fill out a comment card and give us feedback on how we are doing. Sincerely, 724W Caleb Hood, AICP Planning Division Manager CH:sw Community Development Department . 33 E. Broadway Avenue, Ste. 102, Meridian, ID 83642 Phone: 208-884-5533 Fax: 208-888-6854 www.meridiancity.org RECEIVE* APR 102015 11 Planning Division E 1DAHo BY: DEVELOPMENT REVIEW APPLICATION Type of Review Requested(check all that apply) ❑Accessory Use 0 Planned Unit Development ❑Administrative Design Review ❑Preliminary Plat ffAlternative Compliance 0 Private Street ❑Annexation and Zoning 0 Property Boundary Adjustment ❑Certificate of Zoning Compliance 0 Rezone ❑Comprehensive Plan Map Amendment 0 Short Plat ❑Comprehensive Plan Text Amendment 0 Time Extension: ❑Conditional Use Permit Director/Commission/Council(circle one) ❑ Conditional Use Modification 0 UDC Text Amendment Director/Commission(circle one) 0 Vacation: ❑Development Agreement Modification Director/Council(circle one) ❑ Final Plat 0 Variance ❑Final Plat Modification 0 Other Applicant Information Applicant name: Conger Management Group/Kent Brown Phone: 871-6842 Applicant address: 3161 E Springwood Dr Email: kentlkb@gmail.com City: Meridian State: ID Zip: 83642 Applicant's interest in property: 0 Own 0 Rent 0 Optioned a Other Agent Owner name: COREY BARTON (DIANNE JOSSIS) Phone: 336-5355 Owner address: 1977 E OVERLAND RD Email: DJOSSIS@CONGERGROUP.COM City: MERIDIAN State: ID Zip: 83642 AgentlContact name(e.g.,architect,engineer,developer,representative): KENT BROWN Firm name: KENT BROWN PLANNING Phone: 871-6842 Owner address: 1977 E OVERLAND RD MERIDIAN ID Email: KENTLKB@GMAIL.COM City: MERIDIAN State: ID Zip: 83642 Primary contact is: 0 Applicant 0 Owner CI'Agent/Contact Subject Property Information ODUP 1west of Locust Cirove and McMillian intersection Location/street address: Township,range,section: 4N;1E SEC30 Assessor's parcel number(s): Total acreage: 15.26 Zoning district: R-4 Community Development■Planning Division•33 E.Broadway Avenue,Ste. 102 Meridian,Idaho 83642 Phone:208-884-5533 Fax:208-888-6854 www.meridiancity.org/planning -1- (Rev.06/12/2014) Project/subdivision name: TUSTIN#2 General description of proposed project/request: Alternative compliance request to use 4ft solid with 2ft spindles on Lot 1,Block 4 Proposed zoning district(s): Acres of each zone proposed: Type of use proposed(check all that apply): 0 Residential 0 Office 0 Commercial 0 Employment 0 Industrial 0 Other Who will own&maintain the pressurized irrigation system in this development? Which irrigation district does this property lie within? Primary irrigation source: Secondary: Square footage of landscaped areas to be irrigated(if primary or secondary point of connection is City water): Residential Project Summary(if applicable) N/A Number of residential units: Number of building lots: Number of common lots: Number of other lots: Proposed number of dwelling units(for multi-family developments only): 1 bedroom: 2-3 bedrooms: 4 or more bedrooms: Minimum square footage of structure(excl.garage): Maximum building height: Minimum property size(s.f): Average property size(s.f.): Gross density(Per UDC 11-1A-1): Net density(Per UDC 11-1A-1): Acreage of qualified open space: Percentage of qualified open space: Type and calculations of qualified open space provided in acres(Per UDC 11-3G-3B): Amenities provided with this development(if applicable): Type of dwelling(s)proposed: 0 Single-family Detached 0 Single-family Attached 0 Townhouse 0 Duplex 0 Multi-family 0 Vertically Integrated 0 Other Non-residential Project Summary(if applicable) N/A Number of building lots: Common lots: Other lots: Gross floor area proposed: Existing(if applicable): Hours of operation(days and hours): Building height: Total number of parking spaces provided: Number of compact spaces provided: Authorization Print applicant name: KENT B' Applicant signature: d / Date: 4/6/15 Community Development•Planning Division•33 E.Broadway Avenue,Ste. 102 Meridian,Idaho 83642 Phone:208-884-5533 Fax:208-888-6854 www.meridiancity.org/planning -2- (Rev.06/12/2014) KENT BROWN PLANNING SERVICES April 6,2015 Meridian City Attn. Sonya Watters Development Services 33 E Broadway Ave Meridian ID 83642 RE: Request for Alternative Compliance Tustin Subdivision No 2 Dear Sonya: In the area around Lot 1, Block 4 we desire to use a four foot solid with a two foot spindle on top see Exhibit A. We believe this type of fencing is superior design to a four solid or a six foot open vision fence as required by Meridian City Code (UDC11-3A-7a& b) Which states" 7. Regulations for fences along pathways and common open space areas are set forth below: a. The developer is responsible for constructing fences adjacent to micropath connections to distinguish common from private areas. b. Fences adjacent to all pathways and common open space shall be: (1)An open vision fence up to six feet(6') in height, as it provides visibility from adjacent homes or buildings;or (2) If closed vision fencing is used, it shall not exceed four feet(4') in height. This does not allow four feet(4') of closed vision fence with two feet(2') of open vision fencing." Conger Management Group has used this fencing design in other projects, and has found the design to be a good balance between safety and privacy needed in common area fencing. Many times the open vision fencing provides a clear vision of the common area which helps to provide security of the common area. However, that clear vision creates some safety challenges for small child and small pets on both sides of that fencing. The old saying "Grass is greener on the other side of the fence"may explains some of those challenges. When children and pets see through the fencing, there is a desire to get through the fencing. The four foot solid fencing does prevent the small children and pets from seeing through and does provide some privacy for those residents backing out on the common areas. However there is less safety with a four foot fence. The four foot fence can easy be climbed and the feedback from our marketing people makes many of buyer nervous. We believe the two foot spindle provide the added safety those buyers are looking for but with securely to the common area. We ask that you approve this request. Sincerely, Kent Brown Planner 3161 Springwood Dr • Meridian, Idaho 83642 • Tel.: 208-871-6842 • AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO ) COUNTY OF ADA ) I, Cior��/6G 76A1 77 k, Oz>6/1G)-i U yJ� i. (name) (address) , ID (city) (state) being first duly sworn upon,oath,depose and say: 1. That I am the record owner of the property described on the attached, and I grant my permission to: KENT BROWN 3161 SPRINGWOOD DR MERIDIAN ID (name) (address) to submit the accompanying application(s)pertaining to that property. 2. I agree to indemnify, defend and hold the City of Meridian and its employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. 3. I hereby grant permission to City of Meridian staff to enter the subject property for the purpose of site inspections related to processing said application(s). Dated this 10 day of II A ✓-Al Alp (Si,nature) SUBSCRIBED AND SWORN to before me the day and year first above written. :4)/k• (Notary Public for Idaho) s e Residing at: ��G} Q� ,Lb • • a •® ,p s,p1A31.,"\-G41My Commission Expires: ("DS- ••:4zE OF�.�• 33 E Broadway Suite 210 • Meridian,Idaho 83642 Phone: (208)884-5533 • Facsimile: (208)888-6678 • Website:www.meridiancity.org '',,,'.,-t7i'47i:4',,t'sit„,t7J'- r,- ,iy r .,:.„;...,3:, : 1 .... ......, ..... 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