Bertel, Steve & Marion
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. HUB OF TREASURE VALLEY.
CITY OF MERIDIAN
A Good Place to Live
COUNCIL MeMBERS
WALT W. MORROW, President
RONALD R. TOLSMA
CHARLES M. ROUNTREE
GLENN R. BENTLEY
WILLIAM G. BERG, JR.. City Clerk
JANICE L. SMITH. City Treasurer
GARY D. SMITH, P.E.. City Engineer
BRUCE D. STUART, Water Works Supt.
JOHN T. SHAWCROFT. Wasle Water Supt.
DENNIS J. SUMMERS, Parks Supl.
SHARI L. STILES. P & Z Administrator
PATTY A. WOLFKIEL, DMV SupelVisor
KENNETH W. BOWERS, Fire Chief
W.L. '13II.L" GORDON, Police Chief
WAYNE G. CROOKSTON. JR.. Anomey
33 EAST IDAHO
MERIDIAN, IDAHO 83642
Phone (208) 888-4433' FAX (208) 887-48\3
Public WorkslBuilding Department (208) 887-2211
MolOr Vehic1e/Drivers License (208) 888-4443
ROBERT D. CORRIE
Mayor
P' 7 COMMISSION
JIM JOHNSON, Chairman
MALCOLM MACCOY
KEITH BORUP
RON MANNING
BYRON SMITH
October 20, 1997
Steve & Marion Bertel
2222 Dalton Lane
Boise, ID 83704
RE:
FENCE VARIANCE REQUEST
2534 Velvet Falls Way
Dear Steve & Marion:
The Fence Variance Committee of the City of Meridian met in Marion's presence at 4:45, October 20,
1997, in City Hall to consider this request.
After due consideration, the Committee decided to allow construction of a six (6) foot tall wood fence in
your side street set back area (E. Snowhole) subject to the following:
1. The face of the fence shall be set ten (10) feet from the lawn edge of the sidewalk.
2. The area between the fence and sidewalk shall be landscaped and maintained by you.
3. The board side of the fence shall face E. Snowhole Dr.
4. The City of Meridian has no jurisdiction in the enforcement of the provisions of your subdivisions
Protective Covenants. Since this is a variance to a provision of your covenants we suggest you also
contact your Homeowners Association.
5. Please obtain a fence building permit from City Hall prior to beginning construction.
6. It is my understanding from our meeting that you wish to appeal this. decision of the Fence Variance
Committee. The procedure is to write a letter to City Clerk Will Berg, Jr. requesting an appearance
before the City Council to appeal our decision. The Clerk will notify you of the time and place for
the Council to hear your appeal. It would be appropriate for you to submit any data you want the
Council to consider with your appeal letter.
Thank you for complying with the City ordinance in requesting this variance.
S~~
Gary D. Smith, P.E.
Chairman, Fence Committee
cc: File
City Clerk
Building Inspector
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CITY OF MERIDIAN
33 E. IDAHO MERIDIAN, ID 83642
FENCE . V1\RIANCE APPLICATION
(RE: Meridian Zoning Ordinance)
APPLICANT NAME: S+e.l/e~? mar;on :B~r+p-,L
ADDRESS: ~ do d.. T'Ja to-tl Ì-.Ú!1 Eo) -110 ì ,<; e. I I ~Q¡..W:J
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OWNERS NAME & ADDRESS: (If different than above) -:KIJlI&:~ sl"te. p\"(')~seL
~ 5, ~~"'~.¡. I=-£I\I~W~ (Corn-~ r;-Ç. 5, VdvtfFdk. (J)/Jl1 ftê"S(JJ<,)~
PROOF OF OWNERSHIP: (COpy OF DEED OR OPT!....ON MUST BE A'ITACHED)
PHONE 3;), - 'IŠ 5'1r1
LEGAL DESCRIPTION OF PROPERTY: wr# .3
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SUBDIVISION ~ð IIY!b>1
PRESENT USE & ZONTh1G OF PROPERTY ~ ç. s ~ rO.'Í-' .HI- -\.1 Ii. L.
SCHEMATIC DRAWING: ATrAæ D~G SHCMrNG BUILDTh1GS, STREEI'S & PROPOSED FENCE:
SURROUNDTh1G PROPERTY rnNERS: LIST OF THE MAILING ADDRESSES OF ALL PROPERTY
OWNERS (FROM AU'I'HENTIC TAX RECORDS OF ADA COUNTY) WITHIN 'IWO HUNDRED (200)
FEE:I' OF THE EXTERNAL BOUNDRIES OF THE UIND BEING CONSIDERED:'
lfófJ ¡'cf!s Sun fJ/Jé},'f; 3
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DESCRIPTION OF REQUIREMENTS OF THE ORDTh1ANCE THAT NEED 'ID BE REDUCED 'ID
PERMIT THE PROPOSED FENCE: ~ól S...,¡. h-bfK -G-- -::;;&1':.. ..ç:<¿n,Ck fa1klJ~s ~,
({c\.e..mi.- '¡o{\ PY'oc..-~ss o.P b£ÁV\l bC<.~ \.'\r)
ATrACH APPLICATIoN FEE OF $ .50 o.a-
c."""...\s- ATrACH STATEMENT THAT FENCE IS ALUJWED UNDER THE RESTRICrrVE COVENANTS OF THE
e.," SUBDIVISION OR A COpy OF THE RESTRICl'IVE COVENANTS PERrAINING 'ID FENCES:
DATE RECEIVED
APPLIC>Nl'S S- '1" ~ 13, A ii:ø
COMMI'ITEE HEARING DATE
RECEIVED BY
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LOT OPTION AGREEMENT
THIS LOT OPTION AGREEMENTis made this L2- day of ;::::T{.;¿.J./ ,19 9?-'by
Farwest Developers, LLC., (Seller) and ~¿.. olt. ~/~(Buyer), and
pursuant to the terms hereof the Buyer agrees to buy and the Seller agrees to
sell the following lot located at Lot / ¿p
, Block
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$ ;Z:7-/ ~ðð
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Subdivision for the sum of
IT IS AGREED that the purchase price for the above lot shall be paid as follows:
(a)
(b)
The sum of $ .5f)c> - ("Option Money") shall be paid by the
Buyer to the Seller for the said lot at the time this Agreement is
execut~d, receipt of which by Seller is hereby acknowledged.
The balance of the purchase price for said lot shall be paid at the
~~o~~~rc~~~$~c:r S~I~ :;y~r a~:~~~:~~b~:!day
records, whichever is later (the "Due Date"). If said closing does not
occur on or before the Due Date, the Seller, at it's option, shall have
the right to terminate this Agreement and retain all money paid and in
the event of such termination the Buyer shall have no further right
with respect to said lot and the Seller shall be fully released and
discharged from any further obligation hereunder.
(c)
(d)
1. Convevance of the ProDertv. Title to the lot purchased and paid for by
the Buyer shall be conveyed by good and sufficient Warranty Deed from the
Seller in favor of the Buyer subject only to current taxes and assessment~
~OT OPTION AGREEMENT -- 1 ~ ~
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shall be prorated between the Seller and the Buyer as of the closing date), the fees
for building permits and all such related fees, all easements, restrictions and
covenants of record and/or shown on the official plat of the subdivision or
contained in the Declaration of Covenants, Conditions and Restriction for the
subdivision, zoning ordinances, easements, .and right-of-ways visible upon the
subject lot and any encumbrance, lien or charge attributable to the Buyer.
2. Closina. The Closing Agent for the purchase shall be Pioneer Title
company and the closing shall take place at the Closing Agents office located at
8151 Rifleman in Bo~e. Idaho. At the time of closing the Buyer shall deposit with
the Closing Agent, t e balance of the purchase price. The Seller shall deposit with
the Closing Agent the Warranty Deed conveying the title as required herein.
Upon approval of the closing statement by Buyer and Seller, the Closing Agent
shall be authorized to deliver the Warranty Deed to the Buyer and the purchase
price to the Seller. Each of the parties agree to pay one-half (1/2) of the Closing
Agents fee.
Buyer may purchase a ~licy of title insurance at RIlYAr's exoense...
3. Covenants. The Buyer acknowledges receipt of a copy of the
Declaration of Cov~nants, Conditions and Restrictions for the subdivision
including all recorded Supplemental Declarations and Amendments thereto and the
Buyer agrees to comply with the terms and conditions contained therein, the
parties intending that the agreement by the Buyer thereto shall be enforceable by
the Seller under this agreement. Buyer is aware that neither the developer nor the
developers engineer approves the construction of houses with basements.
4. Possession. Buyer shall be entitled to possession of the subject lot at
the closing of the purchase and Buyer's full payment of the purchase price.
5. Assianment. The Buyer shall not assign this agreement in whole or in
part without the prior written consent of the Seller.
6. ¡¡8oaf, of Damaae. The Buyer shall, at the Buyer's sole cost and
expense, repair any damage to streets, curbs, fences, utility facilities or any other
lot of property not owned by the Buyer, within the subdivision caused by the Buyer
or resulting from the construction activities of Buyer or the activities of any other
person or entity acting on behalf of the Buyer or his agents, subcontractors or
employees. In addition, the Buyer shall be responsible for any damage of whatever
nature resulting from any cause upon the lot purchased and paid for by the Buyer
after the date of closing of the purchase. It is agreed that all streets, curbs,
gutters, fences, utility facilities and the other lots and properties within the
subdivision are in good condition at the time of the closing of the purchase by the
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LOT OPTION AGREEMENT -- 2
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Buyer unless the contrary is evidenced in writing delivered by the Buyer to the
Seller prior to the date of closing of the purchase. The Buyer grants to the Seller
the right to lien. encumber or otherwise attach the property that is subject to this
Lot Option Agreement for the purpose of insuring payment for any debt Seller
incurs to enforce or repair any covenant of Lot Option Agreement or the
Conditions, Covenants and Restrictions for the said subdivision.
7. Attornev's Fees. In the event that suit or other legal action is
instituted by either the Seller or the Buyer to enforce performance of the terms and
provisions of this Agreement. the prevailing party in such suit of action shall be
entitled to receive actual attorney's fees and all court costs. including such fees
and costs incurred with respect to an appeal, incurred on behalf of the prevailing
party, which amount shall be in the judgement made and entered in that action.
B. Architectural Control Committee. Prior to the start of construction of
any dwelling or other structure in the Subdivision, plans shall be submitted for
approval to the Seller or Architectural Control Committee at the office of Brad
Minasian at the Real Estate Group, 280 E. Corporate, Meridian, Idaho.
Construction shall not commence until approval of said plans. and such plans shall
include. without limitation, exterior paint and masonry, roof, shingles and
landscape plan.
Roofing materials to: be Pabco Premiere twenty-five-year dimensional shingles'in
weathered-wood or driftwood color.
Should the Buyer start construction without prior written approval of the Seller or
the Architectural Control Committee. Buyer will be assessed a $500.00oenaltv.
The assessing or payment of such penalty shall not release the Buyer from its
obligations to obtain approval of the Buyer's plans nor from complying with all
other covenants. conditions and restrictions of the subdivision.
9. Construction of ImDrovements. The Buyer agrees to commence
building on the above lot within sixty (60) days from the date of closing the
purchase and proceed diligently until completion. If construction is not started
within sixty (60) days of the closing of the lot, the Seller retains the right to buy
back the lot at 80% of the original price. Any closing fees or interest paid by the
Buyer will not be reimbursed by the Seller, Any buy-back closing shall occur within
seven (71 days of written notice to Buyer and the original Closing Agent. During
construction the Buyer agrees to perform all work in a neat and workmanlike
manner and shall not allow dirt, debris or other excess or waste material to remain
on the lot or to be scattered on other lots or in the streets of the subdivision. As a
part of grading and site improvement work and construction. Buyer will make
adequate provisions! to handle the run-off of surface waters in a manner that will
not damage or deface streets or adjoining lots and will not drain onto other lots or
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LOT OPTION AGREEMENT -- 3
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adjacent properties and will at all times conduct construction activities in a manner
as to preserve lateral support of adjoining lots and properties. The Buyer agrees to
remove from the subdivision all excess excavation material, trash, excess
construction material and àny other material or debris resulting from his
construction activities. Buyer agrees to indemnify and hold harmless Seller from
and against any and, all claims, costs, damages, or losses incurred as a result of the
Buyer, or its successors or assigns, breach of the foregoing covenants and
agreements contained in this paragraph.
The Buyer agrees that the Seller is not obligated in any way to alter the
existing grade elevation of the lot. The Buyer has inspected the lot and
accepts it in It's present condition.
10. ReDrP.lientatiorl£. The Buyer acknowledges that this purchase is being
made solely upon the result of an inspection and examination of the lot by the
Buyer ,and that no representation other than those expressly contained in this
Agreement has been made by seller or their agents or employees or any real
estate agents,
". Fees to be Paid bv the Suver. . Buyer is to sod the front yard upon
substantial completion of construction of the residence. Buyer is to pay all sewer
hookup, utility connection, building permit, inspection, impact, late comers and any
other fees associated with constructing a new residence.
12. Succession. This agreement shall be binding upon and shall inure to
the benefit of the successors and assigns of the respective parties in perpetuity
and the obligations herein shall survive the closing of the purchase of the lot by the
Buyer and the delivery of the Warranty Deed to the Buyer.
13. ProDertv Pins. Buyer acknowledges that It shall be the Buyer's
obligation to locate the property pins, excepting however, Seller agrees on a one
time basis to locate the property pins for the Buyer, if Buyer timely requests Seller
to do so within seven (7) days of the date of this Agreement.
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FARWEST DEVELOPERS, L.L.C.
1-1 q -q7
DATE 7-0-97
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DATE
LOT OPTION AGREEMENT -- 4
NE CORNER
SE 1/4
SECTION 19-
CPII' No. 93101-721
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SQUARE FŒT. EXClUDtN
OF 1500 SQUARE FEET.
fI.
S MAiNlENANCE OF ANY [
OWNER, UNLESS SUCH F
7 A SlRlP OF LAND SHALl
PURPOSE OF TRANSPOR
IRRIGA nON S'tS1EIoI. SAIl
SIDES Of' THE PROPERT
S 37'41'2"~E ~
7S.81 V
? () 'ef), L-of'
"A~'" t'ropoS 100 200300
. 100 50 0 I I.-~
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SCALE IN FEET
D
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S NO FENCES OR STRUCTVI
EASEMENT UNLESS AUTHI
9 LOT 31-BLOCK 2 IS HE!
LOT SHALl BE THE RES!
EASEMENT IS HEREBY DI
NO SlRUC1URES REQUIR
BY THE SAUoION RAPIDS
10 LOT I-BLOCK 6 AND LO
SUBDI\/IS1ON No.2 HOIotI
11 IIO'T'TOM ELEVATION OF H
SEASONAL GROUND WATE
12 LOT 31. IILOCK 2 IS HER
DRAINAGE EASEMENT O\/E
SALMON RAPIDS
SUBDIVISION No. 1
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the ACC. In granting or withholding such approval, the ACC shall consider the
adverse effect of height on other properties within the subdivision and such other
facts as may be reasonable. Each dwelling unit shall have an attached or detached
fully enclosEld garage adequate for a minimum of two (2) standard size automobiles.
No carport f;hall be allowed.
7.3 Construction of Buitdinas. All construction work on Dwe)ling units shall
be diligently and continuously pursued, and shall be completed within nine (9) months
from the date construction started unless prevented by weather, acts of God, strikes,
material shortages, or other causes beyond the reasonable control of the Owner (not
including financial causes).
7.4 Outbuildinas. Outbuildings, separate garages, sheds and shelters may
be constructed only simultaneously with or after a Dwelling Unit has been constructed
on the OwnE,r's Lot. All such buildings shall be constructed only after written approval
thereof by the ACC. All outbuildings shall be constructed of similar or compatible
exterior materials with the Dwelling Unit so as to be aesthetically compatible
therewith.
~ 7.5 Fences. All Lots shall have an enclosed cedar-fenced backyard, however,
no fence or wall of any kind shall be constructed on a Lot unless the plans and
specifications therefore, Including the location, design, material and color thereof, have
been approvød in writing by the ACC prior to the construction or installation. All
fences and/I)r walls constructed on a Lot shall be in compliance with the applicable
ordinance of the City of M~ridian. Idaho.
All fences and walls shall be subject to the following restrictions:
(a) No fence or wall shall'\¡e' permitted to be constructed or installed
on any portion of a berm constructed by the Declarant in Salmon Rapids Subdivision.
(b) Fences and walls shall not extend closer to any street than twenty
feet (20') nl)r project beyond the setback of the principal building on the Lot. No
fence higher than six feet (6') shall be allowed without the prior written approval of
the City of Meridian (if required! and the ACC. '
(c) All fences and walls shall be constructed and installed and
maintained in good appearance and condition at the expense of the owner of the Lot
on which tl-ey are located and all damaged fencing and walls shall be repaired or
replaced to origin~1 design, materials and color within a reasonable time after said
damage occurs.
(d)
No fence or wall shall interfere with the use and enjoyment of any
DECLARATION OF COVENANTS.
CONDITIONS AND RESTRICTIONS. 10
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easement reserved in this Declaration of Covenants, Conditions and Restrictions or
shown on the recorded subdivision plat of the property.
(e) No fence, wall, hedge, high planting. obstruction or barrier shall
be allowed which would .unreasonably interfere with the use and enjoyment of
neighboring Lots and streets, and shall not be allowed if the same constitute an
undesirable. noxious or nuisance effect upon neighboring Lots,'
If) All fences constructed or to be constructed on common Lot lines
shall be constructed and maintained at the equal expense of the owners of the two
Lots on which they are located. -----
1.6 Landscaoino. The following provisions shall govern the landscaping of
Lots within Salmon Rapids Subdivision:
la) The owner shall prepare a landscape plan and shall submit the
same to the ACC. The ACC shall approve said landscape plan prior to the installation
and/or construction of landscaping on a Lot. Landscaping of a lot shall be in
accordance with the approved plan.
(b) All required landscaping on a Lot shall be installed within thirty (30)
days after substantial completion of the Building on the Lot, with a reasonable
extension allowed for weather.
Ic) The Initial landscaping shall include, as a minimum, sad in the front
and side yards, sod õr WagS seeded in the rear yards;two (2) flowering trees of at
least two im:h 12") caliper 2!: one (1) pine tree of at least six feet (6') in height an.Q..9..!:l!L
(1) flowerin!} tree of at least two inch 12") caliper In the front yard, three (3)-five (5)
gallon plants ana Tlve I~I-one (lrgarIon shrubs in the front yard. The use of berms
ana sculpturod planting areas are encouraged.
ARTICLE 8:
ARCHITECTURAL CONTROL
8.1 E!m:1s,. No Dwelling Unit. building, fence, wall or other structure or
substantial landscaping or screening planting shall be undertaken, erected' or
maintained upon any Lot, nor shall any exterior addition to or change or alteration
therein be made until plans and specifications showing the nature, kind, shape, height,
materials ard location of the same shall have been submitted to and approved in
writing by the ACC.
8.2 Exterior Materials and Colors. All exterior materials and colors shall be
selected and used which are approved by the ACC and which are compatible with
other Buildln!)s on the Lot and on neighboring Lots to the end that all such Buildings
DECLARATION OF COVENANTS.
CONDITIONS AND RESTRICTIONS. 11
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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 Qf the
City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street,
Meridian, Idaho, at the hour of ~o'clock E..M" on Mondav. October 20. 1997, for the
purpose of reviewing and considering the Application of Steve & Marion Bertel
for a
variance from the Meridian Fence Ordinance at the property legally described as follows:
Lot 3. Block 16 Salmon RaDids Subd, Phase 3
and known by the address 2534 S,
Velvet Falls Wav. Meridian. Idaho 83642, The Applicant proposed to reduce the reauired
distance to Jess than 20 feet.
The public is welcome, Testimony, objections, and comments will be heard and
considered by the Committee,
A 1M'itten decision of the Committee will be issued to the Applicant and any person
requesting in 1M'iting 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 3rd day of October
,1997,
;I$-- -<~~ Q
"WILLIAM G, BERG, JR., C ctE~K
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R7696670230
R7696670040
R7696670030
R7696670150
R7696670130
R7696670260
R7696670180
R7696670270
R7696670010
FARWEST DEVELOPERS INC
4550 W STATE ST
BOISE ID 83703-4467
R7696670250
TALLON RICIiARD T & SANDRA A
2550 VELVET FALLS WAY
MERIDIAN ID 83642
R7696650330
BURBANK R & LK REVOC LVG TRUST
2523 S WEBER RAPIDS PL
MERIDIAN ID 83642-7466
R7696670050
BOURGUIGNON CHRISTIAN H &
TERRA A
2607 ELLIS AVE
BOISE ID 83702
R7696670170
WILLIAMS MARSHALL E & KARLA I
2830 DUANE DR
MERIDIAN ID 83642
R7696670160
ERDMAN DOUGLAS E & LINDA H
PO BOX 1301
BOISE ID 83703
R7696650260
KLINE STANLEY D JR &
HUTCHINSON- DEBRA J
1227 E TIME ZONE DR
MERIDIAN ID 83642-7460
R7696650270
STATEWIDE CONSTRUCTION INC
2445 RIVA. RIDGE DR
BOISE ID 83709
R7696670020
BLACKSTEAD BUILDING COMPANY
11760 EXECUTIVE
BOISE ID 83713
R7696650300
WUNDER RICHARD H & LORI L
1261 E TIME ZONE DR
MERIDIAN ID 83642-7460
R7696650310
JOHNSON MARK A & CAROLYN S
1283 E TIME ZONE DR
MERIDIAN ID 83642-7460
R7696650320
BRECHTEL SCOTT L
21040 SW ORNDUFF RD
HILLSBORO OR 97123-8732
R7696670140
WHITE ELMER F & GENEVIEVE L
565 JACKSON ST
BOISE ID 83705
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