Miller, Stan & Belle
t."" D. SMITH, P.E.
PlIUL'" WORKS DIRECTOR
CITY OF MERIDIAN
PUBLIC WORKS / BUILDING DEPARTMENT
MAYOR
ROnERT D CORRIE
HR.'" R. WATSON. PE.
Cin ENCiiNEER
COLINCIL MEMI)!:"S
KEITH BIRD
TAMMY DE WEER!)
CHERIE MCc."DI.ES.S
WILLIAM LM. NARY
July 3, 2002
Stan & Belle Miller
2050 S, Beartooth Way
Meridian, Idaho 83642
RE: FENCE VARIANCE REQUEST - 2050 S. Beartooth Way.
Dear Mr. And Mrs. Miller:
The Fence Variance Committee of the City of Meridian, met at 4:30P.M., July 3,2002 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 W. Elias Street.
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-Line 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 Ln., Suite 200 Meridian, Idaho 83642
Public Works (208) 898-5500 Building (208) 887-2211
Fax (208) 887.1297
GARY D. SMITH. P.E.
PUJl.lC WORKS DIRECTOR
CITY OF MERIDIAN
PUBLIC WORKS / BUILDING DEPARTMENT
MAYOR
ROBERT D CORRIE
BRAD R. \V..\TSON, P.E.
CITY ENGINEER
COUNCIL MEMlIERS
KEITH BIRD
TAMMY DE WEERD
CHERIE MCCANDLESS
WILLIAM LM. NARY
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,
~D~
Bruce D. Stuart
Fence Variance Committee
Cc: File, Bldg.lnspector, City Clerk
660 E. Watertower Ln.. Suite 200 Meridian. Idaho 83642
Public Works (208) 898-5500 Building (208) 887-2211
Fax (208) 887-1297
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MERIDIAN IDAHO
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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 4:30 P.M., on July 3,
2002, for the purpose of reviewing and considering the application of Stan &
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Belle Miller for a variance from the Meridian Fence Ordinance at the property
legally described as follows: Lot 21, Block 3 of Bear Creek Subdivision No, 1 and
known by the address of 2050 S. Beartooth Way. The Applicant proposes a
reduction of the required distance from 20 feet to 10 feet on the sideyard.
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 ofthe decision will be furnished one,
---~----
Any aggrieved party may appeal the decision of the Committee directly to
JI}~~"-¡¡¡,rJdia.n- ÇityoÇoul1c:ilJ)LJrsuaJ1tt?~~(;ti~n .!1~~-4.1 ~(3~1, -
DATED this 19th day of June, 2002,
-~-------
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 4:30 P.M., on July 3,
2002, for the purpose of reYiewing and considering the application of Stan &
Belle Miller for a variance from the Meridian Fence Ordinance at the property
legally described as follows: Lot 21, Block 3 of Bear Creek Subdivision No.1 and
known by the address of 2050 S. Beartooth Way. The Applicant proposes a
reduction of the required distance from 20 feet to 10 feet on the sideyard.
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.
DATED this 19th day of June, 2002,
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CITY OF MERIDIAN
MERIDIAN FENCE COMMITTEE MEETING
AGENDA
Wednesday, July 3, 2002
City Council Chambers
FENCE COMMITTEE MEMBERS:
- Mr. Gary Smith, P.E., City Engineer
- Mrs. Cherie McCandless, City Council
- Captain Dave Bowman, Meridian Police Department
- Mr. Keith Borup, Planning and Zoning Chairman
ITEMS FOR REVIEW:
Item No.1
4:30 p.m
Stan & Belle Miller
2050 S. Beartooth Way
Lot 21 Block 3
Bear Creek Subdivision
Please contact the City Clerks OffICe at 888-4433 if you are unable to
attend the above Fence Committee Mæting
,
, .
MAYOR
Robert D, Come
HUB OF TREASURE VALLEY
A Good Place to Live
LEGAL DEPARTMENT
(208) 288.2499" Fax 288.2501
PUBLIC WORKS
(208) 898.5500" Fax 887-1297
CITY COUNCIL MEMBERS
William L. M, Nary
Keith Bird
Tammy deWeerd
Cherie McCandless
CITY OF MERIDIAN
33 EAST IDAHO
MERIDIAN, IDAHO 83642
(208) 888.4433' Fax (208) 887.4813
City Clerk Office Fax (208) 888.4218
BUILDING DEPARTMENT
(208)887.2211 "F..887-1297
PLANNING AND ZONING
(208) 884.5533 " Fax 888-6854
FENCE VARIANCE APPLICATION
(RE: Meridian Zoning Ordinance)
APPLICANT SHALL BE AT THE PUBLIC HEARING: vJ 396 - 57$1 (Sld/x-)
APPLICANT NAME: A¡f ~ ~) PHONE: 311-S9.J.E)
ADDRESS: ';¡O50 S ~ tJtV.f - JJ;¡u.;dtnlJ .. n
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~.~ Ij) .7d¿,1./.;2..,
OWNERS NAME /!. ADDRESS: (If different than above)
;/.;!. 5'¿) N, ~~) 'If'd, I
PROOF OF OWNERSHIP: (COpy OF DEED OR OPTION MUST BE ATTACHED)
LEGAL DESCRIPTION OF PROPERTY: LOT#~BLOCK# -3
SUBDIVISION: ~
PRESENT USE & ZONING OF PROPERTY:
~dMct~ .P
SCHEMATIC DRAWING: ATTACH DRAWING SHOWING BUILDING, STREETS & PROPOSED
FENCE.
SURROUNDING PROPERTY OWNERS: LIST OF THE MAILING ADDRESSES OF ALL PROPERTY
OWNERS (OBTAIN LIST FROM MERIDIAN PLANNING & ZONING DEPARTMENT) WITHIN TWO
HUNDRED (200) FEET OF THE EXTERNAL BOUNDRIES OF THE LAND BEING CONSIDERED,
DESCRIPTION OF REQUIREMENTS OF THE ORDINANCE THAT NEED TO BE REDUCED TO
PREMIT THE PROPOSED FENCE: ati...u.y-Ÿt".In:t: ~ ;;¡ /.pnd 1.tJ,'i:A.;,u /d /'d
~ ~AwlaJ.k "." ^' su'd.J. ':cð --bM~¿YÆ/jJ;;,U ;¡'¿â. t. ~d~
~tJ tt4-'¿¡¡~..Mu ~ ~' ( >r. b-f-t pie u£ f"..""" ceday)
ATTACH APPLICATION FEE OF $ $O,ðO ,
ATTACH STATEMENT THAT FENCE IS ALLOWED UNDER THE RESTRICTIVECOVENANTS
THE SUBDIVISION OR A COpy OF THE RESTRICTIVE COVENANTS PERTAINING TO FENCES,
APPLICANT'S SIGNATURE: ~ ~
DATE RECEIVED: 10 -{%-D'Z....
RECEIVED BY: ~
COMMITTEE HEARING DATE: 1- 0'3-0'2..
RECEIVED
JUN 1 n 2002
CITY OF MERIDIAN
CITY CLERK OFF'CE
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ACKNOWLEDGEMENT-LThnTED LUŒllATY COMPANY
STATE OF IDAHO
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COUNTY OF ADA
- On this ~ day of September, in the year 2001, before me. Marilea L. Boncz, a notary
public personally appeared Gregory B. Johnson, mown or identified to me to be a the managing member in
a limited liability company, of Bear Creek, LLC, an Idaho Limited Liability Company and the managing
member who subscribed said limited liability company name to the foregoing instrument, and
acmowledged to me that he executed the same in said limited liability company name,
Notary Public: ~A~ 1........... ò{ ú!. ~
Residing at: M~o . 0
My Commission expires: August 29, 2002
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BEAR CREEK SUB #1
MERIDIAN IDAHO
1'"==:40'-0"
TYP GRADE ALL SIDES- SLOPE
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WITHIN 10', THEN MIN 1% TO
FRONT AND REAR PROPERTY
LINES OR 30'
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þ,DA COUNTY RECORDER
J DAYID NAVARRO
" ~OI~[,m!lI\O
1001 SP '0 PH 3: 22
~CDRDE~~Ofl'
~D( DEPUTY"
10\0934 8
DECLARATION OF
COVENANTS, CONDITIONS AND RESTRICTIONS
FOR
BEAR CREEK SUBDIVISION
THIS MASTER DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS FOR BEAR CREEK SUBDNISION is made effective as of the + day of
September, 2001, by Bear Creek, LLC, a limited liability company, ("Grantor" and "Class B
Member").
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BOI_MT1;301650.3
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factors: design and style elemenls, mass and fonn, topography, setbacks, fwished groWld elevations,
architectural synunetry, drainage, color, materials, physical or aesthetic impacts on other properties,
including Common Areas, artistic confonnity 10 the terrain and the other Improvements on the Property,
and aoy and all other factors which the Architectural Committee, in its reasonable discretion, deem
relevant. Said requirements as to the approval of the architectural design shall apply only to the exlerior
appearance of the Improvemenls, This Declaration is nol intended to serve as authority for the
Archilectural Committee to control the interior layout or design of residential sbUctures excepllo the exlent
incidentally necessitated by use, size and heighl restrictions,
4, I ,3 Setbacks and Heiohl, No residential or other sbUcture shall be placed nearer to the
Building Lot lines or built higher than pennitted hy the PIal in which the Building Lol is located, hy any
applicable zoning restriction, by any conditional use pennil. or by a building envelope designated either by
Grantor or the applicable Architectural Committee whichever is more restriclive,
4,1.4 AccessorY SbUCtureS. Detached garages shall be allowed if in confonnity with Ihe
provisions of this Declaration, and as approved by the applicable Architectural Committee, Garages and
storage sheds shall be consbUcled of, and roofed with, the same malerials, and with similar colors and
design, as tbe residential sbUcture on the applicahle Building Lol. No playhouses, playgroWld equipment,
pools, pool slides, diving boards, hot tubs, spas, or similar ilems shall exlend higher than five (5) feet above
the fwished graded surface of the Building Lot upon which such itern(s) are located unless approved in
advance,
4,1.5 Drivewavs. All access driveways shall have a wearing surface of concrete, or other
hard surface materials (if approved in advance in writing by the Architectural Committee), and shall be
properly graded 10 assure proper drainage,
4,1.6 Mailboxes, All mailboxes will be of consislent design, material and coloralion and
shall be located on or adjoining Building Lollines at places designated by Grantor or the Architectural
Committee,
~~, '
~ Fencin., No fence or hedge situated anywhere upon a Building Lot shall have a
height grealer than six (6) feel above the finished graded surface of the Building Lol or Common Area upon
which such fence or hedge is situated. Any fence constructed on or near the 101 line common 10 one or
more Building Lots shall be consbUcted as a "good neighbor" fence, No fence shall be constructed so as to
extend toward the mnl of the Building Lol past lhe front plane of the dwelling sbUcture constructed
thereon, or closer than ten (10) feel to any side Building Lolline of a comer of a Building Lot adjacenllo a
dedicaled streel and shall be in compliance with applicable Meridian City ordinances, See Exhibil C for
limitations on materials and style.
4,1.8 Liohtino, Exlerior lighling, inclnding flood lighting, shall be part of the architectural
concept of the Improvements on a Building Lot. Fixtures, standards and all exposed accessories shall be
harmonious with building design. and shall be as approved by the applicable Architectural Committee,
Lighting shall be restrained in design. and excessive brightness shall be .avoided,
4,1,9 Garaoes, Each dwelling unit sball have an attached or detached fully enclosed garage
adequale for a minimum of two (2), and a maximum of five (5) standard size automobiles, No carpOrlS
shall he allowed, See also Exhibil C,
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Q AntelU18e, No exterior radio antenna, television antenna, salellite dish antelU18 or other antenna
of any type shall he erected or mainlained on the Property unless il ~ localed or screened in a manner acceptable to
the applicable Archilectural Committee,
4,3 Insurance Rales, Nothing sball 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
DECLARA TtQN . 4
801_MTU016503
. Wrought Iron, Black . Wrought Iron, Black . Wrought Iron, Black . Wrought Iron, Black
. Privacy, White Vinyl . Privacy, White Vinyl . Privacy, White
Vinyl
. Picture Frame Cedar
. Wing Fencing
Required
Additional Landscaping . 2-3" Trees . l-3" Trees . 1-3" Trees . None
Requirements . 4-5 gallon shruhs . 2-5 gallon shrubs . 2-5 gallon shrubs
(see paragraph 4.18) . bemUng and . berming and . bemUng and
sculptured planting sculptured planting sculptured planting
areasrequired required required
Vinyl Siding No vinyl on front No vinyl on front No vinyl on front . ,042 or better
elevation except as elevation except as elevation except as . No exposed seams
approved by the AC approved by the AC approved by the AC . T.bar
. 5" or less width
Exhibit C' Page 2
BOLMTI:301650,1
, '0,. "canlees heceln have cead and appmved Ihe following,
itle File No.:
WARRANTY DEED
LloJ (:Ie
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FOR VALUE RECEIVED
Bear Creek, LLC, an Idaho Limited Liability Company
ACCOMMOOJ\~
In.'lt..,_,
GRANTOR(s), does(do) hereby GRANT, BARGAIN, SELL and CONVEY onlo:
Borup COnstruction, Inc., an Idaho COrporation
GRANTEES(s), whose carcenladdress is: 2250 N. Meridian, Rd., Meridian, ID 83642
Ihe following descdbed real propeny in Ada Coanty, Slale of Idaho,
moce panicalacly descdbed as follows, [0 wi!:
Lal 21 in Biock 3 of BEAR CREEK SUBDIVISION NO, I, accordiog 10 thc official
plat theceof, filed in Book 82 of Plats at Pages 8984 Ihm 8987, as ¡nstmmenl
No, 101082385, cecords of Ada Coanty, Idaho..
ADA COWITY RECORDER
J, ('WID IIAYARRO
I""SF, [(1,'l!n
RECOIWEO' REOUEST 0'(
FEE?-ðV OEPUrY~
101100666
ZOO I SP 28 PII I,: 20
LAWYERS TITLE
TO HAVE AND TO HOLD the said pcemises, with Iheir appanenances anto tbc said Grantee(s), and Gcanlee(s)
hei" and assigns forem, And the said Grantoc(s) does(do) herehy covenanl 10 and wilh the said Grantee(s), Ibal
Gcanloc(s) is/ace Ihe ownec(s) in fee simple of said pcemises; thai said premises aco free fmm all encumb"nces,
EXCEPT thnse 10 which [his conveyance is expressly made sabject and Iho>e made, saffered or done by the
Gcanlee(s): and sabjecl [0 cosmalions, costdelions, dediCalions, easements, rights of way and agreements,(if any)
of cecocd, and genenil laxes and assessments, (including ircigalion and utility assessments, if any) foc tbe curcem
yeac, which ace nol yel dae and payable, and thai Gcan[oc(s) will wmam and defend Ihe same from alllawiu!
claims whalsoevec,
Daled: Septemher 13, 2001
Bear Creek, LLC
c
STATE OF , Counly of ,ss,
\nn this day or In Ihe yeac of /-
leol, befo" me, the undersIgned,. NOI~,4úblic In sod
lor ~a~, pe"on."v .ppe,,~:///
"-., . /
known oc [denuÌìèèl.t6;;;; to be [he peeson whose name
aubacnbed to tlie "'tthln Instmmenl, and acknowledg d
In me that /(xeculed lh~ame,
S;g:o1ore, "'"
THIS INSTRUMENT FILED FOR
RECORD BY LAWYERS TITLE OF
TREASURE VALLEY A5AN ACCOMMO,
DATION ONLY. IT HA5 NOT BEEN
EXAMINED AS TO ITS EXECUTION OR
A5 TO ITS AFFECT UPON THE TITLE,
Nome:
A.,lding st:
MV comm;"ion axp;,a"
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LOT 21, BLOCK :3
BEAR CREEK SUB #1
MERIDIAN IDAHO
1"=:40'-0"
TYP GRADE ALL SIDES- SLOPE
AWAY FROM HOUSE MIN 5%
WITHIN 10', THEN MIN 1% TO
FRONT AND REAR PROPERTY
LINES OR 30'
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STAN MILLER - 2050 S. BEARTOOTH
PROPERTY OWNERS WITHIN 200'
BEAR CREEK HOA INC
200 E CARLTON WAY
MERIDIAN ID 83642-0000
S STODDARD RD
GRIFFIN DAVID D
GRIFFIN DIANE H
134 E PINE ST
MERIDIAN ID 83642-0000
632 W ELIAS ST
679 W ELIAS ST
2072 S BEARTOOTH WAY
656 W CALDERWOOD ST
BEAR CREEK LLC
6223 N DISCOVERY WAY STE 100
BOISE ID 83713-0000
1970 S ICE BEAR WAY
697 W DAVENPORT ST
665 W DAVENPORT ST
1969 S BEARTOOTH WAY
OCKER JAMES M
OCKER TINA M
1991 S BEARTOOTH WAY
MERIDIAN ID 83642-0000
BORUP CONSTRUCTION INC
2250 N MERIDIAN RD
MERIDIAN ID 83642-1601
1992 S BEARTOOTH WAY
680 W CALDERWOOD ST
714 W CALDERWOOD ST
ASPEN HOMES INC
13956 W HARTFORD
BOISE ID 83713-0000
2025 S BEARTOOTH WAY
625 W ELIAS ST
2051 S BEARTOOTH WAY
638 W CALDERWOOD ST
SCHROEDER ENTERPRISES INC
2360 N MCCLURE LN
KUNA ID 83634-0000
664 W ELIAS ST
696 W ELIAS ST
651 W ELIAS ST
BORUP CONSTRUCTION INC
2250 N MERIDIAN RD
MERIDIAN ID 83642-1601
715 W ELIAS ST
OLSEN JOHN D
OLSEN AMANDA L
2073 S BEARTOOTH WAY
MERIDIAN ID 83642-0000
WESTROCK HOMEs INC
880 E FRANKLIN RD STE 310
MERIDIAN ID 83642-0000
2097 S BEARTOOTH WAY
CASTILLO JOSE
2121 S BEARTOOTH WAY
MERIDIAN ID 83642-0000
...tI7Z9
Jasel
Bear Creek HOA
c/o Park Pointe Management
Stacy Warick
6223 N. Discovery Way Ste 120
Boise, Idaho 83713
James & Tina Ocker
1991 S. Beartooth Way
Meridian, Idaho 83642
Borup Construction Inc,
2250 N. Meridian Road
Meridian, Idaho 83642
Westrock Homes, Inc,
880 E, Franklin Road Ste 310
Meridian, Idaho 83642
- - - - -
@O9tS J°:l a¡l!dwa¡ asn
Dave & Diane Griffin
134 E. Pine Street
Meridian, Idaho 83642
Stan & Belle Miller
2050 S. Beartooth Way
Meridian, Idaho 83642
Schroeder Enterprises Inc.
2360 N, McClure Lane
Kuna, Idaho 83634
Jose Castillo
2121 S, Beartooth Way
Meridian, Idaho 83642
saql!l SSaJPPIf
@.QI3J\VII
Bear Creek LLC
6223 N, Discovery Way, Ste 100
Boise, Idaho 83713
Aspen Homes, Inc
13956 W, Hartford
Boise, Idaho 83713
John & Amanda Olsen
2073 S. Beartooth Way
Meridian Idaho 83642
lfus¡aa4S pia:! 4¡OOWS