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McKay, Brian and Judy 'f.; .MAYQR ROBERT D. CORRIE elf/;; d l~n IDAHO GARY D. SMfnI, P.E. PUBLIC WORKS DIREcroR COUNCIL MEMBERS WIWAM L. M. NARY KEfnI BIRD TAMMY DEWEERD CHERIE MCCANDLESS BRAD R. WATSON, P.E. CITY ENGINEER DAUNT WHITMAN BUILDING OFFICIAL P..t.U.: WcJ¡. ~ ~ ~ May 7, 2003 RECEIVED kAf 1 3 2003 City Of Meridian CIty Clerk Office Brian and Judy McKay 718 West Elias Street Meridian, Idaho 83642 RE: FENCE VARIANCE REQUEST - 718 West Elias Street. Dear Mr. And Mrs. McKay: The Fence Variance Committee of the City of Meridian, met at 4:45 P.M., May 7, 2003 in City Hall, to consider your request for a fence setback variance. After due consideration, the Committee decided to allow a variance request for you to construct a six (6) foot tall wooden fence in your side street setback area. There was no opposition to this variance request from adjacent property owners, who were notified in accordance with City Ordinance requirements of the variance request This approved fence location is as shown on the attached sketch and this approval is subject to the following conditions: 1. The face of the fence shall be set a minimum of 10 feet - 0 inches from the yard side edge of sidewalk along South Beartooth Way. 2. The ground area between the fence and sidewalk shall be landscaped and maintained by you. 3. The board side of the fence shall face out toward the street(s). 4. The City of Meridian has no jurisdiction in the enforcement of the provisions of your subdivision's Protective Covenants. We therefore recommend that you obtain approval from your Homeowner's Association for this fence location. 5. We also recommend that you contact Dig-Une at 342-1585 for location of underground utilities prior to excavation for your fence posts. 6. Please obtain a building permit for your fence from the City of Meridian Building Department prior to beginning construction. Please call for an inspection after the fence construction is completed. 660 E Watertower Lane, Ste 200 Meridian ill 83642 (208) 887-2211 Fax (208) 887-1297 .MAYQR ROBERT D. CORRIE CM;/;;di~n ., " ~, 1! GARY D. SMITH, rE. PuBLIC WORKS DIREcroR COIJNCn MEMBERS WIWAM L. M. NARY KEITH BIRD TAMMY DEWEERD CHERIE MCCANDLESS IDAHO BRAD R. WATSON, P.E. CITY ENGINEER DAUNT WHITMAN BUILDING OFFICIAL P~WcJu~~~ 7. 'Any aggrieved party may appeal the decision of this committee directly to the City Council pursuant to subsection 11-15-7 of the City Code. All Appeals shall be filed with the City Clerk within fifteen (15) calendar days after the decision of the Committee and shall specify the grounds upon which the appeal is filed. An applicant receiving an approved variance request is hereby advised to allow the specified fifteen (15) day appeal filing time to pass before beginning fence installation.' Thank you for complying with the City Ordinance in requesting this variance and if you have any questions please don't hesitate to give me a call. Sincerely, ~ ,Q Ji;;;;;;o Bruce D. Stuart Fence Variance Committee Cc: File, Bldg.lnspector, City Clerk 660 E WatertDwer Lane, Ste 200 Meridian ill 83642 (208) 887-2211 Fax (208) 887-1297 CITY OF MERIDIAN MERIDIAN FENCE COMMITTEE MEETING AGENDA Wednesday, May 7, 2003 City Council Chambers FENCE COMMITTEE MEMBERS: L Mr. Gary Smith, P.E., City Engineer/8re(d~ s,-!MI'/¡t.t ~/L - Mrs. Cherie McCandless, City Council - Lieutenant Dave Bowman, Meridian Police Department oK, - Mr. Keith Borup, Planning and Zoning Chairman tJi! ITEMS FOR REVIEW: Item No.1 4:30 p.m Item No.2 4:45 p.m. Borup Construction, Inc. 717 West Davenport Street Lot 14, Block 6 Bear Creek Subdivision Brian and Judy McKay 718 West Elias Street Lot 1, Block 6 Bear Creek Subdivision Please contad the City Clerks Office at 888-4433 if you are unable to attend the above Fence Committee Meeting oJ( ~ 10 '~I( I I I I i l i \ >- \ ~ \ ~ '. l- I ~ \ "" I cri \ I \ \ \ I 47.1 I- I , N/39D49'Oã'E 47.4 ~ \ ------1 : i ! \ ! ¡-------- \ \ \ I .-----J -t-- 46.00 ,-______IXElZRAD' AI 7'V~~ ¡¡;WEJ;.MLA Y FROM HOUSE MIN 5,/; WITHIN 10' OF. HOUSE. THEN MIN I,/; TO FRONT AND REAR PROPERTY LINES OR 30' C-29 CHD:b'~~S = 1>25' ~HO.O ßEARIN~~ = ~.ð9' - SIJ600ð"32'W LOT 1. BLOCK 6. BEAR CREEK SUB #1 1v1ERIDIAN IDN-IO W. ELIAS STREET fHEAPPROVALOF- THIS PLAN AND THE ISSUANCE OF THE BWLDlNG PERMIT SHALL NOT BE HELD TO BE AN APPROVAl OF A VIOLATION OF ANY PROVISION OF A CITY ORDINANCE OR STATE LAW, N APPUC¡. IS RESPONSIBLE FOR n IE LOt A ION OF ALL PROPERTY LINES, = ICATED EASEMENTS, SET BACKS AND GROUND rÿ,\TER TABLE FOR f'. (ì"y FLUijit IN CRAWl C"'," ,... - '-' q)~j~~M¡:::N'L lulldlilw ~ City of Meridian APPROVED ~~ ~:"-t S fzt }0.2.-:" , Dt<í(" ~ì-2L\\ . . CITY OF MERIDIAN MERIDIAN FENCE COMMITTEE MEETING AGENDA Wednesday, May 7,2003 City Council Chambers FENCE COMMITTEE MEMBERS: - Mr. Gary Smith, P.E., City Engineer - Mrs. Cherie McCandless, City Council - Lieutenant Dave Bowman, Meridian Police Department - Mr. Keith Borup, Planning and Zoning Chairman ITEMS FOR REVIEW: Item No.1 4:30 p.m Borup Construction, Inc. 717 West Davenport Street Lot 14, Block 6 Bear Creek Subdivision Item No.2 4:45 p.m. Brian and Judy McKay 718 West Elias Street Lot 1, Block 6 Bear Creek Subdivision Please contact the City Clerks Office at 888-4433 if you are unable to attend the above Fence Committee Meeting CITY OF MERIDIAN . Planning & Zoning Department 660 E. Watertower Ln., Ste. 202, Meridian, ill 83642 (208) 884-5533 Phone I (208) 888-6854 Fax . FENCE VARIANCE APPLICATION (RE: Meridian Zoning Ordinance - Section] ] -15 and 11-16) APPLICANT NAME: Brìar'\ f:. ::r1A..d'j IV\CKAy PHONE: ADDRESS: I \ ~ W - e:\ ì ú s R+ M€..¡rÎ d.ì'a." I I \) ~~l- ltp<1D g3~:2 OWNERS NAME & ADDRESS: (If different than above) PROOF OF OWNERSHIP: (Copy of deed or option must be attached) LEGAL DESCRIPTION OF PROPERTY: LOT#~ BLOCK# (p SUBDIVISION: PRESENT USE & ZONING OF PROPERTY: rt:S i J Q 1'Id-k.-1 ~arC~L L SCHEMATIC DRAWING: Attach drawing showing buildings, streets, & proposed fence. SURROUNDING PROPERTY OWNERS: List of the mailing addresses of all property owners (obtain list ITom Meridian Planning & Zolling Department, 884-5533) within two hundred feet (200') of the external boundaries of the land being considered Descri tion of requirements of the ordinance that need to be reduced to permit the proposed fence: .t " Attach application fee of: $50.00 ATTACH STATEMENT THAT FENCE IS ALLOWED UNDER THE RESTRICTIVE COVENANTS OF THE SUBDIVISION OR A COpy OF THE RESTRICTIVE COVENANTS PERT AlNING TO FENCES. Applicant's Signature: -.J. ~ 'YY1 c.¡<~ RECEIVED APR 1 5 2003 CITY OF MERIDIAN CllYClERK OFFlrr= Date Received: ~committee Hearing Date: 5.1.03 Received By: (\.1 ~¡ { JfLÙó\ V\<)o.'~ V\. ~ fò> ~:.¡sp.M. ~ . . JUDY MCKAY - 718 W. ELIAS PROPER1Y OWNERS WITHIN 200' BEAR CREEK HOA INC 6223 N DISCOVERY WAY # 120 BOISE ID 83713-0000 S STODDARD RD 694 W DAVENPORT ST 1970 S BEARTOOTH WAY VOUZIKAS TED VOUZIKAS POPE 1969 S BEARTOOTH WAY MERIDIAN ID 83642-0000 JAQUES RONALD W JAQUES KIMBERLY 730 W DAVENPORT ST MERIDIAN ID 83642-0000 FULLER DANIEL FULLER JOANN 696 W ELIAS ST MERIDIAN ID 83642-0000 GRIFFIN DAVID D GRIFFIN DIANE H 134 E PINE RD MERIDIAN ID 83642-0000 716 W DAVENPORT ST 665 W DAVENPORT ST ENSLOW W MICHAEL ENSLOW LINDA C 664 W ELIAS ST MERIDIAN ID 83642-0000 BRYANT ELIZABETH J 632 W ELIAS ST MERIDIAN ID 83642-0000 BORUP CONSTl<UmON 2250 N MERIDIAN RD MERIDIAN ID 83642-0000 668 W DAVENPORT ST OCKER JAMES M OCKER TINA M 1991 S BEARTOOTH WAY MERIDIAN ID 83642-0000 SMITH ROB B SMITH JEN S 1951 S BEARTOOTH WAY MERIDIAN ID 83642-0000 NIELSEN CLARK W 2025 S BEARTOOTH WAY MERIDIAN ID 83642-0000 ASPEN HOMES 13956 W HARTFORD BOISE ID 83713-0000 697 W DAVENPORT ST GRIFFIN DAVID D GRIFFIN DIANE H 134 E PINE RD MERIDIAN ID 83642-0000 679 W ELIAS ST KIMSEY CINDY L 631 W DAVENPORT ST MERIDIAN ID 83642-0000 SCHROEDER ENTERPRISES INC 2360 N MCCLURE LN KUNA ID 83634-0000 651 W ELIAS ST MILLER STANLEY D . MILLER BELLE 2050 S BEARTOOTH WAY MERIDIAN ID 83642-0000 STARK DEVIN L . STARK CAMI E 2072 S BEARTOOTH WAY MERIDIAN ID 83642-0000 SLENDER LEONARD H JR 2051 S BEARTOOTH WAY MERIDIAN ID 83642-0000 OLSEN JOHN D OLSEN AMANDA L 2073 S BEARTOOTH WAY MERIDIAN ID 83642-0000 PEARSON KEVIN B PEARSON CHERI R 680 W CALDERWOOD ST MERIDIAN ID 83642-0000 n-1~-ì I ! \ I " r--J I \ '\--..j\ \, ~ I \ \~-- \--~\ ' \ ", I 'r----- \----\Î-~-A, '\ \ i ' \- j. j I~H. I.' ~)~f-I Ii] I~Lj l~ ¡c//-\.\ ~) -=l" [.. "-__,I =r lJ., ,/ ' +1 +- ' ,./' ", ' . \, \ ì \-------1 I . _II,' " " 1 \',\_,//1~- "",'\ "\)'",','\~/,---'--',,,,',','~' ,'"""'",-------------r-,, [' ,'",1 """,""'-"'" _/- - -----' _/r-~-j ~' -'-- .'< I ~--T/'/-C ì I " - I -', I ,,' \' ",," ' ,\ : \ \ \ 1, /-'~"- . , ,/ ' - ,\ ,,~// - - \ /~LTI----.L /)/ \ " \ """ 1 ,I - " I -: \. \ \..,./~I..,., I '-,-- , ~., 1- - - ___', ------ i . . -. - --------L... I] / - r- , ---I I I í I ¡ . >- < " ç: 0 ::' ~ '" '" . \ \ ) '7.1 N89D49'O5"E 47.'\ I- I I '" \ ------1 : i 1\ ! ----- I I\Ll1- I I II \ 1,- \\ /L ~~~-- "'\"". ~/, ¿ ð. 0- ~ " ~ N85DOO'OO"E '".4 - Q526" - - 1 -~ "'.00 (-29 RADIU5 = "25' CHORD LENGfH = 32.1}9' -...___.._.DT E&Iill£.&J...SII)ES-. 5LOPF AWAY "-- - - CHORD BEARING = 500DOÐ'32'W FROM HOU5E MIN 51. WITHIN la' OF, -.---- HOU5E. fHEN MIN 11. fa FRONT ANO REAR PROPERfY LlNE5 OR 30' LOT 1, BLOCK 6, BEAR CREEK SUB #1 MERIDIAN IDAlia W ELIAS 5TREET fHEAPPROVALOF- THIS PLANANDTHE ISSUANCE OF THE BUIlDING PERMIT sHAlL NOT BE HELD TO BE AN APPROVAL OF A VIOLATION OF ANY PROVISION OF A CITY ORDINANCE OR STATE LAW, N ^PP.LlC~' ~.-' IS RESPUNSlfJU.: FOR n :E LOt 1\ ION OF ALL PROPERTY LINES, = ICATED EASEMENTS, SET BACKS AND GROUND \y,'¡IER Tf\BLE FOR /\ ["""{ ¡~~ C;Ci, { IN CRAWl C"'" r'o q,~<¡;:MFNT. lIuRdIIIw ~ City of Merldlœ APPROVED 'U. ~.MQr~ .. D. . \J~.'C\,,-t ..~S ~'-"""':'-'- . ) oz...: .. Dc, " ~/-?'2-\ \ r// I . . factors: design and style elemenlS, mass and fDmt, topography, setbacks, fmished ground elevations, architectural symmetty, drainage, color, materials, physical or aesthetic impacts on other properties, including Common Areas, artistic confonnity to the terrain and the other ImprovemenlS on the Property, and any and all other factors which the Architectural Committee, in ilS reasonable discretion, deem relevant. Said requirements as to the approval of the architectural design shall apply only to the exterior appearance of the Improvements. This Decla",tion is not intended to SeIVe as authority for the Architectural Committee to control the interior layout or design of residential structures except to the extent incidentally necessitated by use, size and height restrictions. 4.1.3 Setbacks and Heioht. No residential or other structure shall be placed nearer to the Building Lot lines or built higher than pennitted by the Plat in which the Building Lot is located, by any applicable zoning restriction, by any conditional use permi~ or by a building envelope designated either by Grantor or the applicable Architectural Committee whichever is more restrictive. 4,1.4 Accessorv SlrUCtures. Detached garages shall be sllowed if in confonnity with the provisions of this Declaration, snd as approved by the applicable Architectural Committee. Garages and storage sheds shall be constructedo/; and roofed with, the same materials, and with similar colors and design, as the residential structure on the applicable Building Lot. No playhouses, playground equipmen~ pools, pool slides, diving boards, hot tubs, spas, or similar items shall extend higher than five (5) feet above the finished graded surface of the Building Lot upon which such item(s) are located wùess approved in advance. 4.1.5 Driveways. All access driveways shall have a wearing surface of concrete, or Dther hard surface materials (if approved in advance in writing by the Architectural Committee), snd shall be properly graded to assure proper drainage. 4.1.6 ~. All mailboxes will be of consistent design, material and coloration and shall be located on or adjoining Building Lot lines at places designated by Grantor or the Architectural Committee. 4.1.7 Fencino. No fence or hedge situated anywhere upon a Building Lot shall have a height greater than six (6) feet above the finished graded surface or the Building Lot of- Common Area upon which such fence or hedge i. situated. Any fence constructed on or near the lot line conmon to one or more Building Lots .hall be constructed as a "good neighbor" fenee. No fence shall be constructed so as to extend toward the ftont of the Building Lot past the front plane of the dwelling structure constructed thereon, or closer than ten (10) feet to any side Building Lot line of a comer of a Building Lot adjacent to a dedicated street and shall be in compliance with applicable Meridian City ordinances. See Exhibit C for limitations on materials snd style. 4.1.8 Li.htino. Exterior lighting, including flood lighting, shall be part ofthe architecrural concept of the Improvements on a Building Lot, Fixtures, standards and all exposed accessories shall be hannonious with building design, snd shall be as approved by the applicable Architectural Committee. Lighting shall be restrained in design, snd excessive brighIness shall be avoided. 4.1.9 ~. Each dwelling unit sball have an attached or detached fully enclosed garage adequate for a minimum of two (2), and a maximum of five (5) standard size automobiles, No carports sball be allowed. See also Exhibit C. 4.2 Antennae. No exterior radio antenna, television antenna. satellite dish antenna or other antenna of any type shall be erected or maintained on the Property unless it is located or screened in a manner acceptable to the applicable Architectural Committee. 4.3 Insurance Rates. Nothing shall be done or kept on any Building Lot which will increase the rate of insurance on any other portion of the Property without the approval of the Owner of such other portion, nor shall DECLARATION.4 BOI_MT1:JO1650.3 - __n._...- , MCKAY .0W/CloS;ng #] 00002022'251080 [Doc ID DEED OF TRUST MlN 1000157-0001174073-1 DEFINITIONS Words used in multiple sections of this document are defined below and other words are defined in Sections 3, II, 13, 18, 20 and 21. Cer1ain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security Instrument" means this document, which is dated AUGUST 09, 2002 with all Riders to this document. (B) "Borrower" is BRIAN E MCKAY, AND JUDY L MCKAY, HUSBAND AND WIFE , together Borrower is the trustor under this Security Instrument. (e) "Lender" is AMERICA'S WHOLESALE LENDER Lender is a CORPORATION organized and existing under the laws of NEW YORK Lender's address is 4500 Park Granada, Calabasas, CA 91302 (D) "Trustee" is FIRST AMERICAN TITLE CO. 7311 POTOMAC DRIVE, BOISE, IDAHO 83704, (E) "MERS" is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is acting solely as a nDminee for Lender and Lender's successors and assigns. MERS is the beneficiary under this Security Instrument. MERS is organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2026, Flint, Mr 48501-2026, tel. (888) 679-MERS. (F) "Note"means the promissory note signed by BOI7Qwer and dated AUGUST 09, 2002 Note states that Borrower owes Lender ONE HUNDRED FORTY EIGHT THOUSAND and 00/100 . The IDAHO-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH MERS Page, 'I 11 VMP MORTGAGE FORMS. (800)521-7291 ",-BA(ID) 10005) ONVIVA CHL (DB/DO) Inltlal'~~ Forñi3õï31/01 1111111 23991" IIIIIIIIIIIIIII! "O20221222000002006A' DVARíder 0 Biweekly Payment Rider 0 Other(s) [~ífy] . . (J) "Applicable Law" means all con1rolling applicable federal, state and local statutes, reguJations, ordinances and adminislIative rules and orders (that have the effect of law) as well as all applicable final, non-appealable judicial opiniDns. (K) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on BolTower or the Property by a condominium association, homeowners assDciation or similar organization. (L) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrumeni, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account Such term includes, but is not Jimíted to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (M) "Escrow Items" meanB those items that are described in Section 3. (N) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the Property; (ll) condemnation or other taking of all or any part of the Property; (ill) conveyance in lieu of condemnation; or (iv) misrepresentations of, or Dmissions as to, the value and/or condition Df the Property. (0) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default Dn, the Loan. (P) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ll) any amounts under Section 3 of this Security Instrument. (Q) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its implementing regulatinn, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even íf the Loan does not qualify as a "federally related mortgage loan" under RESPA. (R) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY The beneficiary of this Security Instrument is MERS (solely as nominee for Lender and Lender's successors and assigns) and the successors and assigns of MERS. This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ll) the performance of BolTower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower irrevocably grants and conveys to Trustee, in trust, with power of sale, the following descn'bed property located in the COUNTY of ADA [Type of Recording Jurisdiction] [Name of Recording Jurisdiction] _.BAUD)!ooo,) CHL (DB/DO) Page 2 0111 Þ 1"I<lal" JtM-.. Form 3013 1/01 . . DOC 10 # 0OOO202212225108C LOT 1 IN BLOCK 6 OF BEAR CREEK SUBDIVISION NO 1. ACCORDING TO THE OFFICIAL PLAT THEREOF, FILED IN BOOK 82 OF PLATS AT PAGE(S) 8984 THROUGH 8987, OFFICIAL RECORDS OF ADA COUNTY. IDAHO. ParcelIDNumber: RO855010560 718 WEST ELIAS STREET. MERIDIAN which cUlTendy has the address 0 Idaho 83642- [Zip Code) ("Property Address"): [S""etJCity] TOGETHER WITH all the Ùßprovements now Dr hereafter erected on the property, and all easements appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall alse be covered by this Security Instrument All of the foregoing is referred to in this Security Instrument as tht "Property." Borrower understands and agrees that MERS holds only legal tide to the interests granted by Borrower in the Security Inslliunent, but, if necessary to comply with law or custom, MERS (as nominee fOl Lender and Lender's successors and assigns) has the right to exercise any or all of those interests, including, but not limited to, the right to foreclosure and sell the Property; and to take any action required of Lender including, but not limited to, releasing and canceling this Security Instrument. BORROWER COVENANTS that Borrower is lawfully seised of the eslate hereby conveyed and has the right to grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the tide to the Property against all claims and demands, subject to any encumbrances of record. TIllS SECURITY INS1RUMENT combines uniform covenants for natiDnai use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest Dn, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may reqWre that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the fDlIowing forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan cUlTent, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan CUlTent. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from mß1rina no..møn'.. An. n..A_- ~- u.. N~ 01 Iii .þ, ~ (D~ Ch § .!¡'JJ ~ ~ d "' ~~~ 1 g ~ --- i "ì . . cg --- -- _n n- -- --- --- -- n- ëY n --- 0 ~ c. CD Ch Ch » ." '!2. <'ï 0> ,. ~ ~y p ",' 1J ..... n > $: -, ~ ~ ~t!~.~ -¡ à: :::"10.. 0 ~ !~~. ~ ~ O"'~\ ~ ~~~ '.. ~~ '" Bear Creek HOA, Inc. 6223 North Discovery Way #120 Boise, ID 83713 Borup Construction 2250 North Meridian Road Meridian, ID 83642 Cindy L. Kimsey 631 West Davenport Street Meridian, ID 83642 Michael and Linda Enslow 664 West Elias Street Meridian, ID 83642 Clark W. Nielsen 2025 South Beartooth Way Meridian, ID 83642 Leonard H. Slender, Jr. 2051 South Beartooth Way Meridian, ID 83642 Kevin and Cheri Pearson 680 West Calderwood Street Meridian, ID 83642 Ronald and Kimberly Jaques 730 West Davenport Street Meridian, ID 83642 Rob and Jen Smith 1951 South Beartooth Way Meridian, ID 83642 Ted and Pope Vouzikas 1969 South Beartooth Way Meridian, ID 83642 Elizabeth J. Bryant 632 West Elias Street Meridian, ID 83642 Schroeder Enterprises, Inc. 2360 North McClure Lane Kuna, ID 83634 Devin and Cami Stark 2072 South Beartooth Way Meridian, ID 83642 Brian and Judy McKay 718 West Elias Street Meridian, ID 83642 SC"t'\ +- +-21-03 ~ David and Diane Griffin 134 East Pine Road Meridian, ID 83642 Aspen Homes 13956 West Hartford Boise, ID 83713 Daniel and Joann Fuller 696 West Elias Street Meridian, ID 83642 James and Tina Ocker 1991 South Beartooth Way Meridian, ID 83642 Stanley and Belle Miller 2050 South Beartooth Way Meridian, ID 83642 John and Amanda Olsen 2073 South Beartooth Way Meridian, ID 83642 NOTICE OF HEARING NOTICE IS HEREBY GIVEN, pursuant to 11-9-605 J. 10. of the revised and compiled Ordinances of the City of Meridian, that the Fence Variance Committee 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 4:45 P.M., on May 7, 2003, for the purpose of reviewing and considering the application of Brian and Judy McKay for a variance from the Meridian Fence Ordinance at the property legally described as follows: Lot 1, Block 6 of Bear Creek Subdivision and known by the address of 718 West Elias Street. The Applicant proposes a reduction of the required distance from 20 feet to 10 feet. The public is welcome. The Applicant is required to attend. Testimony, objections, and comments will be heard and considered by the Committee. A written decision of the Committee will be issued to the Applicant, and any person requesting in writing a copy of the decision will be furnished one. Any aggrieved party may appeal the decision of the Committee directly to the Meridian City Council pursuant to Section 11-2-416 G. 1. c.t ! g . 'I I !- // /11 (// I i 1__- . .---- 0 I- I I L- ---. c.t 0 0 ~ .;'\) '" f I I ~ -- ¡ c 8--- - i--_STOODARÖ RD_~-----==------=--=-=-- < ~ J ~ I OJ! -T[[ì-lj'--l-- -r>, '=-~! I () s: , -' ~,~, '-, ~, '- --L --~~,I ~,- ~--- ~ () i ~ I-~ ~' I ! .. ì (~ì----¡-'I -1 ! -I " g 1--1 ~, ',' l I J L \ -i' L____- -< ~ "T1 hI J .J r ~r ::;¿: 0 - I s: :g -- \-- I' (----+--,' m ¡ ,1-----» . - .YO --\ J I r, I"'" \ ì;n. \ ~~ \, r----------t-» I I "'C - \ ~, , " I '..... ,......------í,' \---_J",--"---\ =§- --\--- F - ..,., '\:=:d, ,\==, ",',~""','~"(")~- I' 1".,--1, , ", '--""-,,',- n: ::e I \ \1 »--- (,oJ. \ /1 \ ,--.:5 ' I _, ~ 0 m -/,-/\ ': I' 1m - I - 0 r /[, 1'1 ::c - //', \ \ \ / 1---- <:: ! L- 'o" ,/j ~ <:: » 1,,1 \ \---~ Á. f--... 0 ! - - -- /'/ \ \~'>-,~ ~, ""'1 --- ' 1- 1//' , '-- ¡-i\ '",",,\'o...L- ., L-"'I \, I I, \ / ,----" , ,,/--,-~_.l,-~ - ~-_.,,-----,J- /' , C I ¡ .,~_J" -~,L__'" "i \ L' ¡- T¡-- 1-'=: _L:_:::;---------'c..-- I I I I I I ¡-----r-/ ' -'-,_,- Illiil/,! ------,-- Q) 0 0