Frazee, Craig & Angie
QEfICJAL&
. HUB OF TREASURE VAUEY .
A Good Place to Live
CITY OF MERIDIAN
33 EAST IDAHO
MERIDIAN, IDAHO 83642
Phone (208) 888-4433' FAX (208) 887-4813
Public WorksIBoilding Department (208) 887.2211
Motor VehiclelDrive" L;cense (208) 888-4443
COUNCIL MEMBERS
WALTW. MORROW. P'.sid.nl
RONALD R. TOLSMA
CHARLES M. ROUNTREE
GLENN R. BENTlEY
WILLIAM G. BERG, JR., City CI.",
JANICE L SMITH, City n..so'.,
GARY D. SMITH, P.E.. City Engln..,
BRUCE D. STUART. W.te, Works Supt.
JOHN T. SHAWCROFT, Waste Water Supt.
DENNtS J. SUMMERS, Parks Supt.
SHARI L STILES. P & Z AdmlnlS!..'«
PATTY A. WOLFKIEL, DMV Supervisor
KENNETH W. BOWERS, Are Chle'
W.l. 'BILL" GORDON, Police Chle'
WAYNE G. CROOKSTON, JR., Attorney
ROBERT D. CORRIE
Mayor
P' 7 C()MMISSION
JIM JOHNSON. Chairman
MALCOLM MACCOY
KEITH BORUP
RON MANNING
BYRON SMITH
October 7, 1997
Craig & Angie Frazee
2569 S. Velvet Falls Way
Meridian, ID 83642
RE:
Fence Variance Request
2569 S. Velvet Falls Way
Dear Craig & Angie:
The fence committee of the City of Meridian met in your presence at 4:30 p.m.,
October 6, 1997, in City Hall to consider this request.
After due consideration, the Committee decided to allow construction of a six (6) foot
tall wooden fence within the side street setback area of Redside Way subject to the
following:
1. The face of the fence shall be set ten (10) feet from the yard 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 Redside Way.
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.
Thank you for complying with the City ordinance in requesting this variance.
Mr. Marshal Williams, owner of the home for sale to the west of you, has called me to
say that he has looked at your fence location, as allowed by this Committee, and has
accepted this Committee's decision, and will not lodge an appeal to the City Council.
.
.
Sincerely,
A~
Gary D. Smith, P.E.
City Engineer
cc:
file
City Clerk
Building Inspector
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CITY OF MERIDIAN
33 E. IDAHO MERIDIAN, ID 83642
miCE VARIANCE APPLICATION
(RE: Meridian Zoning Ordinance)
APPLICANT NAME: Cn; Î r '4 1;.e.e..
ADDRESS: d-çlo"l <;, III IVé-+ Î---4//5 Wtlï
OWNERS NAME & ADDRESS: (If different than above)
PHONE cr~~~ q S-fç-
PRCOF OF CWNERSHIP: (COpy OF DEED OR OPTION MUST BE ATI'AŒED)
LEGAL DESCRIPTION OF PROPERTY: writ 41 ELK if . J
SUBDIVISION ~I WlAY\ ŒA (1'1..
PRESENT USE & ZONING OF PROPERTY fk~I&"'¡" ~ R.. 'I
No. I
SCHEMATIC DRAWING: A'ITACH DRAWING SHCWING BUILDINGS, STREETS & PROPOSED miCE:
SURROUNDING PROPERTY CWNERS: LIST OF THE MAILING ADDRESSES OF ALL PROPERTY
OWNERS (FROM AUmENTIC TAX RECORDS OF ADA COUNTY) wrnrrn 'IW) HUNDRED (200)
FEE:I' OF THE IDcr'ERNAL BOUNDRIES OF THE. L1\ND BEING CONSIDERED:
DESCRIPTION OF REQUIREMENTS OF THE ORD~CE THAT NEED TO BE REDUCED TO
PERMIT THE PROPOSED FENCE: ~ F...... c..:... IAhu{,J rl./'" 4-- Ú) ,r...t.r "6-+k..e..
b;tt.Å. ~ lMWS--(. -k, s.11'1..wdl.r""'fM~ So/dR/oJ/.... ClffnJ.< a.~4!.¡..
4-"-.J... ~ b... c.L.. rrOf..v--f; t,~
A'ITACH APPLICATION FEE OF $ :
A'ITACH STATEMENT THAT FENCE IS ALICWED UNDER THE RESTRICTIVE~
SUBDIVISION OR A COPY OF THE RESTRICTIVE COVENANTS PERrAININ :.
APPLICANTS SIGNATURE:
DATE RECEIVED
CCM-II'ITEE HEARING DATE
RECEIVED BY
...
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LOT OPTION AGREEMENT
THIS LOT OPTION A GREEMENTis made this øay Of~, 19?1. by
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Farwest Develop.ers, LLC" (Seller) and /'tUp yÞ . /.-¿I&~ , (Buyer). and
pursuant to the terms hereof the Buyer agrees to buy the Seller agrees to
sell the following lot located at Lot .L/ I
~~/7?{.#7 d¥JI/s -1/ ~
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$ ~ 1; ff[fJ
, Block
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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)
(c)
(d)
The sum of $ J ððó ("Option Money") shall be paid by the
Buyer to the Seller for the said lot at the time this Agreement is
executed, receipt of which by Seller is hereby acknowledged.
The balance of the purchase price for said lot shall be paidJ ¡~e
clOSi.~. of the purchase .WhiCh shall be on or before the ~day
of ¿¡ /7ß . 19-.!!!1 or ß-days after the subdivision
recórds. 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.
If the Seller agrees in writing to extend the date for the closing beyond
the Due Date, the Buyer agrees to pay interest on the balance of the
purchase price at 18% per annum from the Due Date above to the
actual date of closing.
At any time prior to closing, the Seller, at his option, shall have the
right to terminate this Agreement and return the Option Money paid by
the Buyer to Buyer 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.
THE PARTIES FURTHER AGREE AS FOLLOWS:
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 assessments (which
shall be prorated between the Seller and the Buyer as of the closing date). the fees
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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 enclosE!d garage adequate for a minimum of two (2) standard size automobiles.
No carport shall be allowed.
7.3 Construction of Buildinas. All construction work on Dwelling 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,
ma1erial shortages, or other causes beyond the reasonable control of the Owner (not
including financial causes).
7,4 putbuildinas. Outbuildings. separate garages, sheds and shelters may
be constructEld only simultaneously with or after a Dwelling Unit has been constructed
on the Owner's L9t, 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 approved in writing by the ACC prior to the construction or installation. All
fences and/or walls constructed on a Lot shall be in compliance with the applicable
ordinance o'f the City of Mçridian, Idaho,
All fences and walls shall be subject to the following restrictions:
(a) No fence or wall shall be permitted to be constructed or installed
on any portkm of a berm constructed by the Declarant in Salmon Rapids Subdivision.
(b) Fences and walls shall not extend closer to any street than twenty
f- feet (20') nor 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 original 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 .6.ND RESTRICTIONS - 10
'~:'¡;;:f?¡"
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..",'..". e..;"'nt ",..rved In thlo Decl"".tion of Covenants, Conditions and Restrictions or
, shown on the recorded subdivisio~ ~Iat 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.
(f) All fences constructed or to be constructed on common Lot lines
Jf- shc¡1I be construc. ted and maintained at the equal expense of the owners of the two
Lots on which they are located.
i
7.6 Landscaoina. The following provisions shall govern the landscaping of
Lots within Salmon Rapids Subdivision:
(a).' . 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 cons.truction 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 thirtv (30)
days after substantial completion of the Building on the Lot, with a reasonable
-extension allowed for weather.
(c) The init[allandscaping shall include, as a minimum, sod in the front
and side yards, sod or grass seeded in the rear yards, two (2) flowering trees of at
least two indl (2") caliper or one (1) pine tree of at least six feet (6') in height arícl one
(f}tlowerinl trëEf of at I two inch (2") caliper in the front yar three (3)-five (5)
n lants and five (51-one 11) pallon s In the front yard. The use 0 berms
and scu p rod plantin,g areas are encouraged.
ARTICLE 8:
ARCHITECTURAL CONTROL
8.1 Plans. No Dwelling Unit, building, fence, wall or other structure or
substantial landscaping or screening planting shall be undertaken, erected or
maintained IJpon 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 Buildinus bn the Lot and on neighboring Lots to the end that fill such Buildings
DECLARATION OF, COVENANTS,
CONDITIONS AND RESTRICTIONS - 11
.
.
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 ~o'clock .f...M., on Mondav. October 6. 1997, for the
purpose of reviewing and considering the Application of Craie & Anoie Frazee
for a
variance from the Meridian Fence Ordinance at the property legally described as follows:
Lot 41. Block 2 Salmon RaDids No.1 Subdivision and known by the address 2569 S,
Velvet Falls Wav. Meridian. Idaho 83642. The Applicant proposed to reduce the reQuired
distance from 20 feet to 0 feet.
The public is welcome. 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 SeDtember
,1997.
ITV CLERK
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