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Johnson, Troy .< 0/ CITY COUNCIL MEMBERS KeIth Blr. oW'e~;dl{rri >' MAYOR RoI>erl;D.C<>rrl. LEGAL DEPARTMENT (201» 466-9272 .Fax 466-4405 Tammy..W..... Ch.ri. M.Can.I... WOlllam L.M. Nary IDAHO PUBLIC WORK5 BUilDING DEPARTMENT (201» ðð7-2211 . Fax ðð7-1297 PLANNING AND ZONING DEPARTMENT (201» ðð4-55ð5. fAX ððl>-6ð54 September 22, 2003 Mr. Troy Johnson 2476 S. Bear Claw Way Meridian, ID 83642 RECEIVED NOV 14 2003 City Of Meridian City Clerk Office Re: Fence Waiver Application Dear Mr. Johnson: This letter is in response to your fence waiver application for the property located at 2476 S. Bear Claw Way, Meridian, Idaho. In your application, you asked to be allowed to reduce the setback from 20 feet to 15 feet along W. Cub Street. The'City has revised your request as follows: The approved fence location is as shown on the attached sketch. Section 11-1-11 of the Meridian City Code allows any aggrieved person to appeal this decision. All appeals shall be filed with the Planning and Zoning Department within fIfteen (15) days after the date of this letter. 1. The face of the fence shall be set a minimum of 15 feet from the front edge of the sidewalk along W. Cub Street. The southeast comer of the fence shall be constructed at an angle, beginning at second existing fence post along the east property line and angling south at approximately a 45% angle along the southern fence line. 2. You must landscape and maintain the ground area between the fence and sidewalk. 3. The board side of the fence shall face out toward the street(s). 4. You must also obtain a building permit for your fence from the City of Meridian Building Department prior to construction. You must also call for an inspection of the fence once you have completed construction. PLANNING AND ZONING DEPARTMENT 660 E. WATERTOWER LANE, 5TE. 202, MERIDIAN, IDAHO 8:3642 .,.- The City of Meridian has no jurisdiction in the enforcement of the provisions of your subdivision's protective covenants. We recommend that you obtain approval :fÌ:om your homeowner's association for this fence location. We also recommend that you contact Dig-Line at 342-1585 to locate any underground utilities prior to digging or excavating for your fence posts. . Feel:fÌ:ee to call me at 884-5533 if you have any questions or concerns regarding the conditions of approval in this letter. ¥!kJt Anna Borchers Powell, AlCP Zoning Administrator City of Meridian Planning and Zoning Department Cc: File Building Department City Clerk . PLANNING AND ZONING DEPARTMENT 660 E. WATERTOWER LANE, 5TE. 202, MERIDIAN, IDAHO 8:3642 ," '" -'---_.m___....------- .-.._..."...._--.-~---_.._-,.~..- j1 ~ , 'J -::?, s. D -', / '¡ Ve",r C..,,-,) ~""'-,- '- ~6r,"'J5 '--'-'~$;~e,.>,". \i<. ....¡------- "------ Vr:v, ""'1 H.....H r-~-~~'--:-~~ ) ( 20(7 rt-f"t:~_J I, i ! ~ ~~>J F'"'" ))F+ [C"'" ~j¿",~(l L í! I I . ù-[ i'" - . .- . ,,_. .-- 1 ft---~a" -t-¡--------- 'i-->.l . - ..:¡¡ ~ "'Ì V) -- - MP~\J&>-O FWCe. ~ l\ll~ð7 ßJ> I. ' . . RECEIVED OCT 1 0 2003 City Of Meridian City Clerk Office J'/ CITY OF MERIDIAN Planning & Zoning Department 660 E. Watertower Ln., Ste, 202, Meridian, ill 83642 (208) 884-5533 Phone / (208) 888-6854 Fax FENCE WAIVER APPLICATION (RE: Meridian Zoning OrdIDance 12-4:10 Fences) APPLICANT: -¡;;" YokV\~tJ~ ADDRESS: 7'-11b 50. &M a~_.,j PHONE: In:.3 "160 FAX: tJ......., I t1.fr;i.h---. Y 'X'J6<1'Z .,--~~l\!1AlL: fro1jt!¡tor"",--,""-<.,u:>"" OWNER(S) OF RECORD (IF DIFFERENT FROM APPLICANT): ADDRESS: PHONE: FAX: E-MAIL: PROOF OF OWNERSHIP: (Copy of deed or option must be attached) NOTARIZED CONSENT OF PROPERTY OWNER (See attached Affidavit of Legal Interest) LEGAL DESCRIPTION OF PROPERTY: LOT#-L-BLOCK#ìsUBDIVISION: eft>.( Cnek PRESENT USE OF SUBJECT PROPERTY: R.r~ ,1.....(':.1 ZONING OF SUBJECT PROPERTY:!;;...,!, Fa_~ t, sj........ DESCRIPTION OF THE MINIMUM REQUIREMENTS OF THIS TITLE THAT NEED TO BE REDUCED TO PERMIT THE PROPOSED FENCE WAIVER? 8óf."j' /"'<.r 1,,1 ¡r----- s-.1..,."Jk. r~,iL.-r JL.",,- ZD",4. SCHEMATICDRA WING: Attach drawing showing buildings, streets, & proposed fence. SURROUNDING PROPERTY OWNERS: List of the mailing addresses ofall property owners (obtain list from Meridian Planning & Zoning Department, 884-5533) within two hundred feet (200') of the external boundaries of the land being considered, 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 PERTAINING TO FENCES, Appli"'" . -., ç L f - .,' . . J AFFIDAVIT OF LEGAL INTEREST I, STATE OF IDAHO) COUNTY OF ~~ -¡;.:~ Tck~Sb1A.. (name) 11((",1-- (city) 2i1¿ (state) Z'-/7b-S. BfA-(" C~ Va'] (address) being first duly sworn upon oath, depose and say: L That I amth~~~operty descriJred.Dn. the attached, and I grant my permission to: (name) (address) to submit the accompanying application pertaining to that property. 2. I agree to indemnify, defend and hold the City of Meridian and it's employees harmless :fi:om any claim or liability resulting :fi:om any dispute as to the statements contained herein or as to the ownership of the property, which is the subject of the application. Dated this 6"< day of ~-kt{-y- £¡ /I~-) ,200"L, SUBSCRIBED AND SWORN to before me the day ~d year first above written. \\\\\\11111"1111111' ~,,\ 'i'\&EL F(O II~~ j'~'t-"""""'S'~'¡'% if "'~OTM¡y'" ~ § : -e- . ê ~ ". PUBLIc," ~ ~', ,"" ...."¡.,,. '., ,,' 0 '" ";//"i1-~"'\)I>-""')' //1/ OF \ "" III/Ill! ill\l\\\\\ ~\-I'Ð.. t j1(/)o/J Notaty Pub~dahO Residing at' , II ~ 0 My Commission Expires: H3 Hn ~ . -- 12-4-10 FENCES: . J. Waiver Procedure: If an owner or applicant desires to obtain a waiver ITom the provisions of this Section, The,procedure sball be as follows: 1. The Administrator shall review the:fàcts and circumstances of each fence waiver application to determine whether that evidence supportS the following findings: a, Granting the fence waiver will not result ill any obstruction of the clear vision mangle at the illtersections of streets; b, Granting the fence waiver will not compromise any public safety standards; and -c~._. Gnmting1:be iènce waiver will not result in conditions that will, more probably than not, place the public or emergency response personnel in potentially illjurious situations. 2, 3, Contents Of Application For Waiver, Fee: The owner or applicant sball file an application for a fence waiver with the Planning and Zoning Department, with a copy sent to_the City Clerk, whiCh application shall state the following, and be accompanied by: a. Address of subject property. b. Name, address and phone number of app1icant c, Name, address and phone number of owners of the subject property. d. Proof of ownership and of owner's consent e. Legal description of subject property, f. Present use of subject property. g. b. Zoning of the subject property. Scbematic drawing of the building and proposed fence. i. List of the mailing addresses of all property owners (wm authentic tm, records of Ada County) within two hundred feet (200') of the external boundaries of the land being considered j. MinJmum requirements of this Title that need to be reduced to pemrlt the proposed fence and the need for the proposed fence waiver. k. An application fee established by resolution of the Council. (Ord. 524, 4-3-1990; amd. On!. 551, 10-1-1991) Notice: Upon receipt of the fence waiver application, the Zoning AdministIator sball see that notice is mailed by first class mail to all owners of property within two hundred feet (200 ') of the radius of the subject property. The notice shall indicate the substance of the application, the waiver sought by the owner or applicant, and shall illclude a copy of the schematic drawing of the building and proposed fence. The notice shall also state that any person to whom notice Was sent, and any person affected by the proposed waiver, may file a written ,- . . objection to the requested waiver which objection must be filed with the Adnrinistrator no later than fifteen (15) days after the date of mailing. 4. If the Administrator receives pertinent and compelling objections related to the fence waiver, at hislher discretion, the Adnrinistrator may schedule a hearing on the application. When a hearing is scheduled, notice of such the hearing shall be mailed to the applicant and any person who has filed an objection, not later than seven (7) days prior to the hearing, A representative from the Police Department and Public Works Department shall attend the hearing or shall otherwise provide comment on the waiver application. Action by Administrator. Upon reviewing the request for the fence waiver after the time fur filing objections has expired, or after hearing, whichever is applicable, the Administrator or hislher designee shall either approve~approve '-- ." -~çondi1ians,Q,t.deDy.the applicatiQl!.. No,JVritten fiudillgs offac! shall be required but a written decision shall be sent to the applicant and to any party requesting written notification of the decision. 5. 6. The Zoning Administrator shall issue a decision or schedule a hearing as noted above not more than thirty (30) days after mailing of the required notice. ~-,-, --,----- ø ~ j "'-.J -:3 So . -"'~~-~-'------ , ,~,----,.._,..--,.. ßCM CI.,w ¿.J-. ï -~_::.%_,=., . " -,'- Ör""wA1 I -11 '- ,._J , !&--------->~ 70 t , \ (¡-- -it", '1 I .. f ( r j ¡ ¡ iÎ <:¡-..t u - ~ , '-!) " ~ \Í) ; \ l' 1 , , , I :, E- ~'f<'>~1 F"'<' 1 , I ! , . -~,..--'--"..-" H ð....~~ )S'p+ fC"'" ~\i\",~ik ------ ---,------.~----"-- :.-' ~6r"J5 -- '~s;l,v~ \k 1 "'."",---"_,, ! . MERIDIAN CITY 33 E IDAHO AVE MERIDIAN ID 83642-2631 S STODDARD RD S BEAR CLAW WAY SERENITY HOMES PO BOX 15503 BOISE ID 83715-0000 411 W CAVE BEAR ST THORN RAYMOND W DEMPSEY JANICE M 387 W BEAR CAVE ST MERIDIAN ID 83642-0000 DOWDLE KEVIN M DOWDLE NATAUE 347 W CAVE BEAR ST MERIDIAN ID 83642-0000 HAWKINS DANIEL K 327 W CAVE BEAR ST MERIDIAN ID 83642-0000 COATE BUILDERS INC 584 MINERAL WELLS MERIDIAN ID 83642-0000 2385 S BEAR CLAW WAY BEAR CREEK LLC PO BOX 344 MERIDIAN ID 83680-0000 2411 S BEAR CLAW WAY S MERIDIAN RD 2475 S BEAR CLAW WAY . PROPERTY OWNERS WITHIN 200' 2476 S, BEAR CLAW WAY 2499 S BEAR CLAW WAY TURNER IVIN E TURNER KASANDRA J 2414 S BEAR CLAW WAY MERIDIAN ID 83642-0000 JOHNSON TROY M JOHNSON MEUSSA D 2476 S BEARCLAW WAY MERIDIAN ID 83642-0000 SISNEROS LARRY S 2514 BEAR CLAW WAY MERIDIAN ID 83642-0000 BEAR CREEK HOA INC 6223 N DISCOVERY WAY # 120 BOISE ID 83713-0000 W CUB ST VALLEY SHEPHERD CHURCH OF THE NAZARENE 831 E 01ST ST MERIDIAN ID 83642-0267 2475 S MERIDIAN RD MORGAN CREEK HOMES INC 1324 N AUTUMN WIND DR NAMPA ID 83686"0000 2515 S BEAR CLAW WAY LAWRENCE WENDELL JR 2530 S BEAR CLAW WAY MERIDIAN ID 83642-0000 Nov 12 02 12:50p Chee Lasher 208.88 - 7834 p ,I PURCHASE AGREEMENT (Buyer's Option) THIS AGREEMENr. made and entered into Ibjs -1.L day of September, 2002, by and bel ween Bear Creek L. L,C,. Greg Johnson as Manager, lolul L. Scott as Marketing Agent and Dou~ Las!!er CQ.~tæ£!i~ , as Buyer, wherein Buyer does hereby purchase from Seller tbe optional rlgbt 10 purchase the following described properly located in Bear Creek Subdivision located in Ada County. State of Idaho, to wit: Block Lot SnbdivisionlPbase Price E><piration Date 7 I Bear Creck #1 - Parks ide $53,900 12/24/02 Total Price $53,900 John L. SCOD Real Estate (Broker) shall hold Ole completely execUted Broker's copy of this Agreement. The responsible Broker sball be Robert R, Bass. TERMS: Seller does hereby agree 10 sell said properly to Buyer for the sum of fifty three thousand nine bundred Dollars and noli 00 dollars ($ 53,900). in lawful mooey of the United States of America, provided said ~,fuIlY pald by buyer to Seller ~ance witb the following closing schedule: As consideration for IlLÎs continuing offer (0 sell said property, Buyer agrees to pay to ,eller the sum of three thousand Dollars $ 3000.00 ), as a non-refundable option deposit. The deposit shall be released to the seller and be applied at eacb lot closing at the rate of ($ 3000,00) per lot. Sellcr may grant, al Seller's soie discretion, an extension of this Purchase Agreement to the Buyer, Seller may require Buyer 10 deposit additional oplion purchase money as consideration for granting an extension. Buyer shall also pay one percent (I %) per month on any extension granted on the total purcbase price, Said interest shall not be applied to the purchase price. In the event the full purchase price is not fully paid on or before said expiralion date, SeIler sball retain said option purchase money payments and interest payments and may convey said property 10 oU,ers without regard to this Agreemeol or payments made hereunder and Buyer shall bave no claim to said property, option purchase money payments, or inleresl payments. In addition to the purcbase price of Ibe 101, Buyer shall also pay the following charges 10 the seiler at closing: Additional cbarges collected at closing by Seller: Owners Association Initial Assessment: Ow"ers Association ReguJar Annual Assessmenl: Assessment for street cleaning and portable toilets: Fiber Optic Gateway Transceiver Mail box and stand Black Cat Trunk' Development Fee Property Taxes & Irrigation Taxes *: Marketing Fee **: $250 per lot $250 per lot firsl annual assessmenl $125 per lot $846 per iot $75 per lot $0,00 per lot As assessed or estimated .$~ * Pro.ration of Owners Associalion Regular AnDual Assessments, Property Taxes, and IrrigatioD Taxes shaU be from ClosiDg date, .. Marketing Pee: 1. John L. Scott Real Estate, Boise is Ibe exclusive marketing agent for tbe above named suhdivision, 2. 101m L. Scott Real Estate, Baine markets through many various medias monthly to draw potential purchasers into Our communities, maintains grounds and Jeases model homes, staffs a sales office and information center and incurs substantial expense for the benefit of all Jots and completed homes. ' 3. John L. ScoLt Real Eslate, Boise wishes to acconunodale all potential Lot Purchasers who desire 10 buiJd in tiJe above named subdivision, who may then seieci their awn Realtors 10 assist in the sale of a home,sile/home 4. This fee may be waived by John L. SCOD Real Estate. Boise in ilS sale discretion. . Purchase Agreement (Buyer's Option) . 1 BOI_MT: 3466S3,2 . . Return To: PHHLC - POST CLOSING MAIL ROOM First Horizon-Construction lending 4800 Meadows Rd ,#125 lake Oswego, OR 97035 Prepared By: FIRST HORIZON HOME LOAN CORPORATION 3505 EAST OVERLAND DRIVE MERIDIAN, ID 83642 [Space Above Tloi, Line For Recording ))0'.1 DEED OF TRUST 00403S1314 DEPINITIONS Words used in multiple sections of Ihis document are defIned below and other words are defined in Sections 3, II, 13, 18,20 aod 21. Certain rules regarding the usage of words used in d1is document are also provided in Section 16. (A) "Security Instrument" means Ihis dQ{;ument, which is dated together wid. aU Riders to this document. (B) "Borrower" is TROY M JOHNSON & MELISSA D JOHNSON, Husband & Wife November 25th, 2002 Borrower is tile trustor under d1is Security Instrument. (C) "Lendel'" is FIRST HORIZON HOME LOAN CORPORATION Lender is a CORPORATION organized and existing under the laws of THE STATE OF KANSAS IDAHO ,Single Femily- Fannie Mae/Freddie Mac UNIFORM INSTRUMENT ~'6(ID) (0005) P,o,'ol15' Form 30131101 ,..m", Tí-- ç§¡j~ 11111111111111111111111 1111 1111 1111 . . City of Meridian NOTICE OF APPLICATION For Fence Waiver NOTICE IS HEREBY GIVEN, pursuant to the Ordinances of the City of Meridian and the laws of the State of Idaho, that Troy Johnson has filed with the Zoning Administrator of the City of Meridian an application for a Waiver from the Fence Ordinance regarding hislher property located at 2476 South Bear Claw Way, Meridian, Idaho, The Applicant proposes a reduction of the required distance from 20 feet to 15 on the side yard setback on the street-side comer of the lot. Comments, either for or against, said application must be filed with the Zoning Administrator within fifteen (15) days after the initial publication of this notice and shall be addressed to Anna B. Powell, Zoning Administrator, City of Meridian, 660 E. Watertower Ln" Suite #202, Meridian, Idaho. If there are pertinent and compelling objections filed within the time allowed, the Zoning Administrator may schedule a hearing on the application, The property at 2476 South Bear Claw Way is more particularly described as Lot 1, Block 7, of Bear Creek Subdivision, Meridian, Ada County, Idaho. Any and all interested persons are welcome and invited to submit comments. Dated this 14th of October, 2003. William G, Berg, Jr - City Clerk PUBLISH 20th and 2ih of October, 2003 Serenity Homes PO Box 15503 Boise, ID 83715 Daniel K. Hawkins 327 West Cave Bear Street Meridian, ID 83642 Ivin and Kasandra Turner 2414 South Bear Claw Way Meridian, ID 83642 Bear Creek HOA, Inc. 6223 North Discovery Way #120 Boise, ID 83713 Wendell Lawrence, Jr, 2530 South Bear Claw Way Meridian, ID 83642 Raymond Thorn and Janice Dempsey 387 West Bear Cave Street Meridian, ID 83642 Coate Builders, Inc. 584 Minerai Wells Meridian, ID 83642 Troy and Melissa Johnson 2476 South Bear Claw Way Meridian, ID 83642 Valley Shepherd Church of the Nazarene 831 East Main Street Meridian, ID 83642-0267 :::,eru- /011 +\03 Å-- Kevin and Natalie Dowdle 347 West Cave Bear Street Meridian, ID 83642 Bear Creek, LLC PO Box 344 Meridian, ID 83680 Larry S. Sisneros 2514 Bear Claw Way Meridian, ID 83642 Morgan Creek Homes, Inc. 1324 North Autumn Wind Drive Nampa, ID 83686 City of Meridian NOTICE OF APPLICATION For Fence Waiver NOTICE IS HERÉBY GIVEN, pursuant to the Ordinances of the City of Meridian and the laws of the State of Idaho, that Troy Johnson has filed with the Zoning Administrator of the City of Meridian an application for a Waiver from the Fence Ordinance regarding his/her property located at 2476 South Bear Claw Way, Meridian, Idaho, The Applicant proposes a reduction of the required distance from 20 feet to 15 feet on the side yard setback on the street-side corner of the lot. Comments, either for or against, said application must be filed with the Zoning Administrator within fifteen (15) days after the initial publication of this notice and shall be addressed to Anna B, Powell, Zoning Administrator, City Of Meridian, 660 E. Watertower Ln., Suite #202, Meridian, Idaho. If there are pertinent and compelling objections filed within the time allowed, the Zoning Administrator may schedule a hearing on the application, The property at 2476 South Bear Claw Way is more particularly described as Lot 1, Block 7 of Bear Creek Subdivision, Meridian, Ada County, Idaho. Any and all interested persons are welcome and invited to submit PUBLISH 20th and 2¡th of October, 2003 comments, ~ (:) g CD (:) (:) ... N g i - '" '" II II