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Fenix, Anita ROBERT D. CORRIE Mayor - , <!TY OFMERIDI& .--~ -- -,~. GARY D, SMITH, P.E. Public Works Director PUBLIC WORKS / BUILDING DEPARTMENT COUNCIL MEMBERS èHARLES M, ROUNTREE GLENN R BENTLEY RON ANDERSO"l KEITH BIRD October 13, 1998 Anita Fenix Fenix Construction 603 E, State Street Eagle, Idaho 83616 RE: Fence Variance Request -2884 N. Rough Stone Way Dear Anita: The Fence Variance Committee of the City of Meridian met at 4:45 P.M., October 13, 1998, in City Hall to consider this request. Aiter due consideration, the Committee decided to allow a variance request to construct a six (6) foot tall wooden fence in your side street setback area subject to the following: L The face of the fence shall be set a minimum of 10 feet from the yard-side edge of sidewalk along W. Tumble Creek Dr. The fence shall parallel the yard edge of the sidewalk and shall return to your house at a peint near the west end of the open perch. 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 subdivisi,on's Protective Covenants. We recommend that you obtain approval from your homeowner's association for this fence location. 5. We recommend that you contact Dig-Line at 342-1 585for location of underground utilities prior to excavation for your fence pests. 6. Please obtain a building permit for this fence from the City of Meridian Building Department prior to beginning construction. Please call for an inspection after this length of fence construction is complete. Thank you for complying with the City ordinance in requesting this variance. Sinc¡é}~:. , ~~;:~ Chairman, Fence Committee Cc: File, Bldg. Inspector, City Clerk 200 East Carlton, Suite 100 . Meridian, Idaho 83642 Phone (208) 887-2211 . Fax (208) 887-1297 -,' - ..- ~ :J 2 81 (fi Æ\ .. ~ '~, " ~, " ',' , WW-; !cJ', ~.. ryy¡.~o.~: '(f i~ I/~ . -\"" - """,I ~ '-MS , , ' , ----t ill , 't ð ~ \!' N. pOUC1H e"toHel,.16Y . . RECEIVE;D OCT 1 3 1998 CITY OF MERIDIAN Date: October 13,1998 To: The Fence Variance Committee of the City of Meridian From: U.R. Kladde 2886 N. Glennfield Way Meridian, ID 86342 Subject: Fence variance requested by Anita Fenlx, 2884 Rough Stone Way, Meridian, ID. I am unable to attend the hearing in person. I hope you allow my written response to be entered into the hearing proceedings. I strongly suggest that the committee reject the request for this variance for the time being and that Anita Fenix resubmit her request at a later time, when the Tumble Creek Subdivision is more developed. I base my recommendation on the following points: 1. I believe that the footprint of the home chosen is too large for the corner lot it was built on. The situa- tion is further complicated by the owner in that they chose a home with porches on two sides of the house. This makes it difficult to achieve privacy and therefore the request for the fence variance at the expense of the other homeowners. 2. Homeowners, such as myself, have purchased a home in the Tumble Creek Subdivision because of the openness, not only of the layout of the streets and the sidewalks, but also because of the coven- ants that govern fence construction. Any fence within the 20 feet restriction would be a detriment to the appeal of this subdivision and will impact resale values of the homes, an issue of great concern to me. 3. Other corner lots have been fenced within the subdivision covenants and the city's guidelines. Approval of this request could certainly result in additional applications for fence variations from other homeowners. 4. There are currently no neighbors on either side of this residence. It would seem to me that the future homeowners rights in this decision making process need to be protected and that this variance application must not be considered unless their voices can be heard. 5. The only home that could be considered a neighbor is another corner house across the street from this home. That owner had no problems fencing that property within all the covenants and city guidelines! At the present time, I can view this home from my living room window. This view will change in the future as more homes are built, but this home with the fence within 5 feet of the sidewalk will be a defi- nite eyesore and a misfit in the subdivision. I ask that the committee consider these points and that this request be rejected. Anita Fenix can always resubmit her request at a later date. A fence can always be moved forward; however, from an owners perspective it is much more difficult to move a fence backwards. Thank you for considering these points in your decision making process. . . CITY OF MERIDIAN FENCE COMMITTEE MEETING OCTOBER 14,1998 AGENDA FENCE COMMITTEE MEMBERS: Mr. Gary Smith, P.E., City Engineer, Chairman Mr. Keith Bird, City Council Member Mr. Bill Gordon, Chief of Police Mr. Malcolm MacCoy, Planning and Zoning Chairman ITEMS FOR REVIEW 4:15 CW CONSTRUCTION - SETBACK TO 10 FEET 4:30 KYLE HENRIE - SETBACK TO 10 FEET .^^ , A Ii.. .' I 4:45 ANITA FENIX - SETBACK TO 5 FEET- ~ VY\ 11 \LI!-U \,\,~ q ,;)~ ~, w \ \í\v\ O\\ ~ . . 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 o'clock P.M., on October 14, 1998, for the purpose of reviewing and consi~ering the Application of Anita Fenix for a variance from the Meridian Fence Ordinance at the property legally described as follows: Lot 1, Block 1 of Tumble Creek Subdivision and known by the address 2884 Rough Stone Way, Meridian, Idaho. The Applicant proposed to reduce the required distance from 20 feet to 5 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 of the Committee directly to the Meridian City Council pursuant to Section 11-2-416 G. 1. DATED this 23m day of September 1998. ;;I ~ ß ¡je"r) WILLIAM G. BERG, JR., CITY CLERK " ~ ' . . CITY OF MERIDIAN FENCE VARIANCE APPLICATION (RE: Meridian Zoning Ordinance) ADDRESS: OWNERS NAME & ADDRESS: ( PROOF OF OWNERSHIP: (COpy OF DEED OR OPTION MUST BE ATTACHED) LEGAL DESCRIPTION OF PROPERTY, WT# ~ 3/ a SUBDJION' ~.Jlg l ß/I~ PRESENT USE & ZONING OF PROPERTY:, 'AJ.,¿~. ý SCHEMATIC DRAWING: ATTACH DRAWING SHOWING BUILDINGS, STREETS & PROPOSED FENCE. SURROUNDING PROPERTY OWNERS: LIST OF THE MARING 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 ~ ORDINAN2 THA~J~ TO "'~ED TO PERMIT THE PROPOSED FENCE: ~.J ~ ILk. ~ .tzdjM1 ,i :;; ~f ATTACHAPPLICATIONFEEOF$50!)Jb . ATTACH STATEMENT THAT FENCE IS ALLOWED UNDER THE RESTRICTIVE COVENANTS OF THE SUBDMSION OR A COpy OF THE RESTRICTIVE ÇOVENANWERTAINING TO FENCES. APPUCAN'" SIGNATIIRE, ~ q~ DATE RECElV";9) q-/7 ~MMlTTEE HEARING DATE RECEIVED BY:~ )"HER 1 U 1VlbL~ L-.K~~1\. Q U J:jLJ 1 v l~l U l' a A STUBBLERELD CONSTRucn08O1.1PANY. INc. SUBDIVISION ?rORTION OF CO~RNMENT LOTS 1 AND 2. o\I8l:CTlON.2. UN.. R.1 W., BOIS[ MERlO/AN. MJA COUNTY, MERIDIAN DTY, IDAHO - JOHNSON ENGINEERING 1997 - W. USTICK ROAD \ ~ \Æ8 ,~ 726.00' ~ UNPLATTED ~ UNPLATTED tJ< UNPLAffiD g z T "'.. 81114/1997 19:83 2869398576 FENIX PAGE 82 ,.., rti ~ ' "'.«"~_: "" -.,4Ø CORPORATE WAR/. '\N1Y DEED FOR VALUERHCEIVED, STUBBLEFIEU> CONSTRUCrJON COMPANY", California Corpt"ation. succc"", by mcrg..r Lo STlIBBLEPŒLD DEVI1WrMENT COMPANY. ajoinl ","lure cumJ05ed of A,t-J.S, DEVELOPMENT, INt:.,. California CorporMion, ,md j,E.s. D¡¡VELOPMENT CO" INC., a Caliro",i. Corporalio., "eorp",..ion duly organized and e,.;,ting under Ihe la... or Ihe Slate or ldahn, granlo,', docs¡'erehy Gr"l, ßargwn, Sell and Convey unlu FmD( CONS'lRUCl'ION, INC.. AN IDAIIO CORPORATIOO whO$e addr.., ¡" 603 E. STATE STREEI', EAGLE, IDAIIO 83616 gr.nlee, lhe Fono....g d"eröbed r.ol ostol" tu.wit: I..ot 1 ill Block 1 of TUMBLE CREEK SUB~IVr.STO~. aooordinll to che oIHoL.l ¡,he cherooI, filed in Book 75 of Phos at Page 7712 and 7713, Official Records of Ada COUIIOY, Idaho. ADA COUNTY RECORDER J. gârJP.~~XASRD /998JL 17 PH ~:33 FlflST AMERICAN TITLE CO. R£COROED-REOUE~ OJ, !/ FEE~EPUTY~ 98068901 SUBJECT TO eumnl yea" I"""'. io'j¡alion di'lrict assc",mt'nt, [,ubUe ulilily ca"'noo", ,ub<Jiyi,ion rc,lrielion, and U,~. patent r"orvali"",. HI IIAVE AND TO HOI..D The 'Olid prom;,c,. w;lh Ihe;, OIppurtc...ce, unlo O,c ,aid Ora"I... 10;, heir, and ",,;gn, forever. And lh. ,.id a,'.nlOr doc, I"«by CoVcnant 10 ""I wilh the ,aid Ura."'o, Iloa' iL " Lh. ow"cr;n . I.c ,¡mplc of"id I"",m...; thot they are free Fro,n .n encombrances and lhat it will War,.n' ond delend the "",c Irom all lawful cJWI.' whatsoever. IN WITNESS WHERBOF, TI,e Omntor. puT5u.nl 10 . resolu~OIn.r ¡to Board 01 D;,eclors loa, eau<ed it, l'orpo':tle '18nlO tn be hcrcnOllo ,ub$CfibedviH\~ President ,hi, day "I ~-rUBnLEFlELD CONSTRUCrJON COMPANY STAm OF Jl)AHO ) ". COUNTY OF ^da ) O"Thi, ("1tt.u dOlyof £,.ß.,-/ .iOllhcyea.-f'17Y,bclo,"",e,.Nol"YPubliein OIOId ror 'ai~ SlnLe. personally appeared lØ;;"¡;;;'I'l.Id. known or identificd (0 me 10 be 110. V;ee-P",;de"l of Ihe Corporatim. ",," executed IlJ;jEl'¡lfJJmenl or 'he pOlSo. whne,eeulc e ùlSlnnnenl "n boh,,1 f "id C "'at;o,,, and .ckn"wledgedlom.I~~~èlJ:~¡¡~=euledlhe.ame, . /- <' ;"""""'~~\ '<01- l':'~. OTAI/;,"".e, ^, Nolary Public ofldahn ;: , ' ,'. 1, 'i R.'iding ,t Bo~e, Idaho ~i,':; \ ";~~\ ç, );'1 eommissionexpir", 9/26/02 \ v';. '>o...",""Q1:-~'~ """¡l'~ Of' ..., ',..............., First American Title Company of Idaho r- SEP 18 '98 11'34 2089390678 PAGE. 02 .' ..' 10. . . If an owner or applicant desires to obtain a variance from the provisions of this section, 11-9-605 J, FENCES, it shall not be treated as a variance pursuant to the provisions of 11-2-419 or 11-9-612, of the Revised and Compiled Ordinances and the procedure for such a variance shall not be governed by the aforementioned two sections. There shall be a special procedure for variances from this fence ordinance, which shall be as follows: a. The owner or applicant shall file an application for a fence variance with the City Clerk, which application shall state the following: I. Address of subject property; 2. Name, address and phone number of applicant; 3. Name, address and phone number of owners of the subject property; 4. Proof of ownership; 5. Legal description of subject property; 6. Present use of subject property; 7. Zoning of the subject property; 8. Schematic drawing of the building and proposed fence; 9. List of the mailing addresses of all property owners (from the Meridian Planning & Zoning Department) within 200 feet of the external boundaries ofthe land being considered; 10. Minimum requirements of this ordinance that need to be reduced to permit the proposed fence; 11. An application fee established by resolution of the Council; b. Upon receipt of the fence variance application the Zoning Administrator shall set a hearing and see that notice is mailed by first class mail to all owners of property within 200 feet of the radius of the subject property, which hearing shall be held not sooner than 15 days after the mailing of the required notice and not more than 30 days after mailing of the required notice. The notice of Hearing does not need to be published in the official newspaper. c. The hearing established by this subsection shall be conducted by the fence variance committee, which committee shall be comprised of the City Engineer, the Meridian Police Chief, one Council Member and one Planning and Zoning Member. A quorum of said committee shall be a minimum of three members of the committee. d. Upon hearing the request for the fence variance, the committee shall either approve or deny or approve with conditions, the application for fence variance; that no written findings of fact shall be required but a written decision shall be written to the applicant and to any party requesting written notification of the decision at the hearing. e. APPEAL. Any aggrieved party may appeal the decision of the committee directly to the City Council pursuant to Section 11-2-416 G., I. 3' Wood or,Solid Fence or 4' Open Fence . CITY OF MERIDIAN . 33 East Idaho 887-2211 .. Fence Regulation .' Interior Lot 3' Solid Fence or 4' Open type Fence In Front of Setback Fence Regulation Corner Lot " 8tr. 6161t ~ 3' Chain Un or Open Fence Leave 4'x4' Open Access to Water Meters and Fire Hydrant 3' Wood or Solid Fence or 4' Open Fence K/ '1-fðfð /5 NOTES: 1. A Building permit Is required, from City Building Department, for all fences. 2. All fences along golf course must have a gate. 3. Setback measurement for fence construction is to be made from the property line, not back edge of sidewalk. Verify property lines priQUo fence construction. (Normally. but not always, street side property line is 1.5 to 2.01eet from edge of sidewaik.) 4. "Open fence" Is defined as having 80% of its area "open." ,Ø'39t1d 8,,9ØôEô8ØZ: . . FENIX CONSTRUCTION 603 E. Stote Street Eagle, Idaho 1i3616 (2C8) 939-0678 ~~.£ ~~ ~ J~ Equal Opportunity Employer 10 3Ð\ld XIN3.:I SL9BGEGSBG ÞE:n 86, 8, d3S EB:G1 LGG1/Þ1I1B