Mader, Stephen
.
.
CITY OF MERIDIAN
33 E. IDAHO MERIDIAN, ID 83642
FENCE VARIANCE APPLICATION
(RE, -~ 4 ominönœl
APPLICANT NAME: m'
.oor=, d'5 Jf ,PJ ;-11;;, It lJ-y
i,J< ']6,8-5170
. PHONE~-mO/
m/f/d¿'~
cmNERS NAME & ADDRESS: (If different than above)
PROOF OF œNERSHIP: (COpy OF DEED OR OPI'ION MUST BE ATTACHED)
LEGAL DESCRIPTION OF PROPERTY: wr# ßO ELK # dl
SUBDIVISION liJS /}/omt'los
PRESENT USE & ZONING OF PROPERTY ¥ V ~tl2/
SCHEMATIC DRAWING: A'ITACH DRAWING SHOWING BUIIDINGS, .STREE:l'S & PROPOSED FENCE:
SURROUNDING PROPERl'Y œNERS: LIST OF THE MAILING ADDRESSES OF ALL PROPERl'Y
cmNERS (FROM AUl'HENTIC TAX RECORDS OF ADA COUNTY) WITHIN 'lWJ HUNDRED (200)
FEEl' OF THE EXI'ERNAL BOUNDRIES OF THE LAND BEING CONSIDERED:
DESCRIPTION OF REQUIREMENTS OF THE ORDINANCE THAT NEED 'ID BE REDUCED TO
PERMIT THE PROPOSED FENCE:
ífd.t!i'J 'e¡U/lÆf/lf r/ ,2ó IlIff .{}I/xtf.J tmr ~ty
liflL to /: j).fJ! I I I :
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ATTACH APPLICATION FEE OF $ .::.;-OÇÒ :
ATTACH STATEMENT THAT FENCE IS AI.I.aVED UNDER THE RESTRICTIVE COVENANTS OF THE
SUBDIVISION OR A COPY OF THE RESTRICTIVE COVENANTS PERI'AINING 'ID FENCES:
APPLICANTS SIGNATURE: h ~ /' J¡ ~
C/ 'i/1jçÏt
DATE RECEIVED
CCMU'ITEE HEARING DATE
RECEIVED BY
.
.
7.2 Dwelline Unit Size. No Dwelling Unit shall be constructed or placed on
any Lot containing a total floor area on all floors intended and suitable for use as living
area, not including a garage, of less than 1,500 square feet measured from the outside
of the exterior walls. er with a ground floor area of less than 950 square feet. In
computing fleor area, basement space or any floor with a finished elevation more than
three feet below the natural contour of the surrounding area shall not be included. No
Building shall exceed twO and one-half stories or 28 feet in height unless approved by
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 enclosed garage adequate for a minimum of two (2) standard size automobiles.
No carport shall be allowed.
7.3 çonstruction 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.
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 Owner'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 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 of the City of Meridian, 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 portion of a berm constructed by the Declarant in Los Alamitos Park
Subdivision.
(b) Fences and walls shall not extend closer to any street than tWenty
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.
DECLARATION OF COVENANTS.
CONDITIONS AND RESTRICTIONS. 10
FOR VALUE RECEIVED,
. ADA CO. RECORDER.
CORPORATE WARRANTY DEEÓ OAVID NAVAHRO
BOISE 10
FIRST AMERICAN TITLE CO.
'96 OCT 18 PI'! 'l 3
FEE~DEP
Boise Valley Conslruction. Ine., an Idahn eorpßfó\lHiPED AT THE EQUEST F
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a corporalion duly organized and existing under tbe laws nf tbe Slate of Idabo, grantor, does bereby Gran~ Bargain, Sell
and Convey untn
Slepben F. Made, and Sheila K. Mader, bnsband and wife
wboseaddressis: .2539 s. Bayp\1 Bar way, Mer;idian, !D. 83642
grantee, lbe following described real estate, lo.wit:
Lot 20 in Block 2 of LOS ALAMITOS PARK SUBDIVISION NO.2. according to the Official
Plat thereof. filed in Book 71 of Plats at Pages 7325 and 7326. Official Records of
Ada County, Idaho.
SUBJECT TO cu,rent years lues, irrigation dist,ict assessmeat, public ulilily easements. subdivision reslrictions
and. U.S. palent reservalions.
TO HAVE AND TO HOLD Tbe said p,emises. wilb Lbeir appurtenances unto lbe said Grantee, his beirs and
assigns foreveL And lbe said GranLor does bereby covenant to and wiLb tbe said Grantee, tbat it is the owner in a fee
simple or said premises: tbal they a,e free ¡rom all encumbrances and that it will warrant aod defend the same from all
lawful claims wbatsoever.
IN WITNESS WHEREOF, The G.anlor, pursuant to a resolution of its Board of Directors bas caused ils
corpnrate name to be bereunto subse,ibed by its Presidenl tbis 18th day or Oclober. 1996.
Boise Valley Construction, Inc.
BY: ;r~ ,/ú-/..-4-
Ronald Wurtz, Authorized Signatory
COUNTY OF Ada
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STATE OF IDAHO
American Title Company of Idaho
.
.
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 J:...M., on Monday. April 28. 1997, for the
purpose of reviewing and considering the Application of Stephen Mader
for a
variance from the Meridian Fence Ordinance at the property legally described as follows:
Lot 20. Block 2 Los Alamitos Subdivision and known by the address 2539 S. Bayou Bar
Way. Meridian. Idaho 83642. The Applicant proposed to reduce the reQuired distance
from 20 feet to 15 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 21!h... day of April
,1997.
d~Þ~
WILLIAM G. BERG, JR., CI LERK
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SECTION 1: That Section 11-9-605 J.. FENCES. Is hereb
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amended b Þthe addition thereto ~ a new subsection to b
numbered 10 and which shall read as follows:
~ . The owner or applicant shall file an appl ication
for a fence variance with the City Clerk. which
application shall state the following:
b.
2.
3.
4.
h
'1:.
7.
h
Address of subject property;
Name. address and phone number of applicant;
Name. address and phone number of owners of
the subJect pro~erty;
Proof of ownership;
Legal description of subject property;
Present use of subject property;
Zoning of the subject property;
-Schematic drawing of the building and
proposed fence;
List of the mailing addresses of all
property owners (from authentlc tax records
of Ada county) wlthin 200 feet of the
external boundaries of the land belng
considered;
10. Minimum requirements of this ordinance that
- need to be reduced to permlt the proposed
fence;
9.
11. ~pl fcation fee establ ished by resol ut ion
'õTtlie Counci 1; .
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MERIDIAN CITY COUNCIL MEETING:
Mav 6.1997
APPLICANT:
STEPHEN MADER
ITEM NUMBER;
11
REQUEST:
APPEAL DECISION BY FENCE VARIANCE COMMITTEE
AGENCY
CITY CLERK:
COMMENTS
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY:
CITY POLICE DEPT:
ADA COUNTY HIGHWAY DISTRICT:
cJ
~r
CITY FIRE DEPT:
CITY BUILDING DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY STREET NAME COMMITTEE:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
All Materials presented at Pllblic meetings shall become property of the City of Meridian.
"
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. HUB OF TREASURE VALLEY.
A Good Place to Live
CITY OF MERIDIAN
COUNCIL MEMBERS
WALT W. MORROW. President
RONALD R. TOLSMA
CHARLES M. ROUNTREE
GLENN R. BENTlEY
WllUAM G. BERG. JR.. City Clel1<
JANICE l. SMITH, City T,eesure,
GARY D. SMITH. P.E.. City engineer
BRUCE D. STUART. Water Works Sup\.
JOHN T. SHAWCROFT, Waste Wete' Sup!.
DENNIS J. SUMMERS, Parks Supt.
SHARll. STILEs, P & Z Admlnlstrato,
PATTY A. WOlFKIEl, DMV Supervisor
KENNETH W. BOWERS. Plra CI1lef
W.l. 'Bill' GORDON. PoOce Chle'
WAYNE G. CROOKSTON, JR.. Attorney
33 EAST IDAHO
MERIDIAN, IDAHO 83642
Phone (208) 8884433 'FAX (208) 887-4813
Pnblic WorksIBniIding Department (208) 887.2211
Moto, VehicleJDrivelS License (208) 888-4443
ROBERT D. CORRIE
Mayor
P. Z COMMISSION
JIM JOHNSON, Chairman
GREG OSLUND
MALCOLM MACCOY
KEITH BORUP
RON MANNING
April 28, 1997
Mr. Stephen Mader
2539 S. Bayou Bar Way
Meridian, Idaho 83642
RE:
FENCE VARIANCE REQUEST
2539 S. BAYOU BAR WAY
Dear Mr. Mader:
The Fence Variance Committee of the City of Meridian met in your presence at 4:45 P.M., April 28,
1997, in City HaIl to consider this request.
After due consideration, the Committee decided to allow construction of a six (6) foot tall fence in
your side yard setback area subject to the following:
1. The face of the fence shall be set no closer than ten (10) feet to the edge of sidewalk, which is
your property line along E. Time Zone Dr.
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. Time Zone Drive.
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 HaIl prior to beginning construction.
Thank you for complying with the City ordinance in requesting this variance.
Sincerely,
h~
Gary D. Smith, P.E.
Chairman, Fence Committee
co:
File
City Clerk
Building Inspector
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CO?íENANTS
RESTRICTIVE
Meridian City Council..'
, May 6,1997 .
Page 46
"8
Stiles: The City has it.
Corrie: Maybe Pat you need to get there and make sure we get everything together and
make sure the attomey can do it as soon as we can.
Tealey: That was my understanding we gave to them with the conditions that we got out
of the findings of fact. My direct statement to the Planning staff was is there anything in
here that you want extra you put it in and we'll get it drafted and get it back to you and
get it signed.
Crookston: That is something that Wayne and I need to sit down and go over.
Corrie: I will entertain a motion.
Morrow. Mr. Mayor, I would move that we remove from the final plat approval of
Packard No.1 the requirement for all ditches to be tiled prior to construction of each
phase and insert in. their language that says the ditches can be covered with each
phase being constructed unless there is an obstruction in the water and the ditches are
not clean and kept clean so that the downstream user can use the water unimpeded if
that happens then the requirement would be to tile all the ditches at that point in time.
That determination would be made by the Mayor and Council in a public meeting.
Rountree: Second
Corrie: Motion made by Mr. Morrow, second by Mr. Rountree in reference to the tiling of
ditches, any further discussion? Hearing none, all those in favor? . Opposed?
MOTION CARRIED: All Yea
ITEM #11: STEPHEN MADER:
COMMITTEE:
APPEAL DECISION BY FENCE VARIANCE
Corrie: How should we proceed here, 2539 S. Bayou Bar is my residence, I have been
there since October. I was aware of the fence requirements upon moving in, my realtor
had given me a sheet that the City hands out here. I saw there was a 20 foot setback off
the curb, I was aware of that. My wife had talked to my neighbor behind me his name is
Bob Goehner, he had told her that he received a variance permit from the City to put his
fence at 14 feet from the curb. So I came down and got the information for applying for
this variance permit and at the time I asked the gal do I have to pay for this up front and
she said you have to pay whether you win or lose. I said what are my chances here. At
that point she mentioned the variance committee was pretty much holding at 10 feet
back of the curb line. Based on my neighbor and based on that information I pretty
much plan on, I got the application and paid the $50, at that point I was turned down.
Meridian City Council.
, May 6, 1997
Page 47
.
They said, apparently they had tumed dooo Mr, Goehner and I guess he got approval
from the Council here to go ahead and leave his fence where it was. I guess what I am
asking for is the same consideration and the same equity that Mr. Goehner received. It
doesn't sit very well with me that one person could put his fence up not in compliance
with the ordinance then they can turn around and tell me that I can't do the same thing.
I guess what I am asking, I don't know if there is a legal grounds here or what. What I
am asking here is for the same consideration.
Corrie: Is your fence up now?
Mader: No it is not, I have sprinkler lines pulled in, I was waiting for the variance permit
assuming I would get it. If I don't get the permit I would have to move two sprinkler lines
five feet over from where they are now currently.
Bentley: Mr. Mayor, my question is what is the need to move your fence closer to the
street?
Mader: Basically I am just trying to get as much backyard in my fence as possible. I
was looking at the neighbors and I was basically trying to mirror what he had done. If I
push the fence over 5 more feet as the variance committee proposed that is about it is
500 feet of laoo that 1 lose that basically is useless to me.
Corrie: Gary can you give us some help here on, I guess Chief you are both on that
fence committee is that correct?
Rountree: I am too.
Corrie: Can you guys give us some information?
Smith: Mr. Mayor, Council members, as Mr. Mader indicated the property to the west of
him or across the Nine Mile Drain, Mr. Goehner, constructed a fence 6 foot high wooden
fence within the side street setback for his home. He was subsequently red tagged for
that and was requested to come before the fence variance committee. The fence
variance committee tumed down his request to keep his fence located within that
setback area. He brought that appeal before you folks and you agreed to let him keep
his fence where it is, where it was built. The property line in the subdivision on E. Time
Zone way is at the back of the sidewalk. The sidewalk is in a public right of way as the
planter strip is as the curb and gutter is. Mr. Mader found a property pin apparently at
the back of curb whiCh was placed by someone other than a surveyor. But the property
line is at the back of sidewalk, his edge of the sidewalk. The fence variance committee
has steadfastly as muCh as possible maintained no more than a 10 foot encroachment
into thE! side street setback for these 6 foot fences. We do that for 2 reasons, one is the
pedestrian traffic on the sidewalks and two is the ability of vehicles travelling in the
streets to see dooo the street and onto the property, particularly for children that dart
Meridian City Council.
May 6, 1997
Page 48
.
out from driveways, that dart out into the street from other locations that could be hidden
by a 6 foot fence from the vehicular traffic. Typically corner lots have a less than
attractive backyard because they are faced with a setback on their frontage and on their
side street and they have to when they conform to that setback with their fencing it puts
a crunch on their backyard because the corner lots do not have a requirement for more
square footage than an interior lot. So I guess that is why we are sympathetic and that
is why the variance committee was formed because got so many requests for these
corner lots to encroach into the side street setbacks. This particular yard I guess it is all
relative as to how much yard is a big back yard. The older you get the smaller the back
yards can be. But anyway, we just decided as the committee that met and talked to Mr.
Mader that we were going to regardless of what happened with Mr. Goehner we were
going to maintain our 10 foot setback requirement off of the property line for this
proposal. If I left anything out Councilman Rountree.
Rountree: No you did an excellent job of summarizing the process and what happened
specifically.
Mader: I guess if I could make a few comments in regard to that. I guess I don't really
believe the size of my backyard as far as being a criteria for whether I can get the
approval or not that is really not a factor.
Smith: That is right and that is why I said it was relative.
Mader: As far as the safety issue, I am proposing 5 feet from the back of sidewalk, Mr.
Goehner received 4 feet from the back of the curb. So at that point he is definitely
meeting the safety criteria. I would meet it more than he would. As far as anybody
running out from this fence the only people that might do that would be people from my
driveway. You can see that the fence line pretty much runs the whole length of Time
Zone from my house to Mr. Goehner's house. My fence line, it is probably 65 to 70 feet
from S. Bayou Bar so there is definitely not a visibility issue coming around the corner, I
made sure of that fact when I applied.
Rountree: When we look at these things and Gary is right in that we look at access from
pedestrians, we look at site distance and we also look at aesthetics, we also look at the
fact that it is a variance to City ordinance and the City ordinance says it is a 20 foot
setback. In order to approve an ordinance we have to be looking at some hardship.
Often times the lack of a back yard being the case is considered a hardship on the part
of the owner. Which helps support the variance, even in this particular case even with
the ordinance setback there is still a sizable backyard.
Mader: I throw out to that as far as hardship I have already $175 in pulling my irrigation
pipe. I did help the person that did that. If I have to move my fence I have a minimum
charge of $100 to have my pipe re-pulled 5 feet away.
Meridian City Council .
. May6,1997
Page 49
.
Bentley: Mr. Mayor, if I may address that, that is true that you are going to have an
additional expense there but you also stated you knew going in what the fence
ordinance was. So if you took it upon yourself to shorten up your irrigation system
planning that this thing would go through than that is an expense that you incurred on
your on.
Mader: That is true but I also took upon precedence of Mr. Goehner my neighbor who
told my wife that he had received a variance permit. It tums out what he received was
approval from you the Council I guess. So I guess I would ask Mr. Crookston what is the
legal precedence there and what is my, what is the resolution here. Either he pulls his
fence down or mine goes up I guess is the way it seems to me. It is all or none is the
way I see it.
Crookston: There is no precedence on a variance, it all goes from one application to
another application.
Mader: The same thing with a City Council ruling I guess?
Rountree: Our ruling of the variance.
Crookston: It depends on what action was taken.
Mader: I guess I would ask for more justification of why his was allowed, why he was
allowed to keep his fence up. His backyard is the same width of mine, there is no
difference there.
Crookston: The only thing I can see in listening to this is that you are on a corner lot.
Mader: So is he, he is on the corner of Time Zone and it is River Downs now, it used to
be called Mr. Tink, it is a culdesac lane that goes in. It is the exact same situation as
near as I can tell.
Morrow. Mr. Mayor, I have a question for either the Chief or Gary or Charlie is that was
not that fence in place .and was not (inaudible) the hardship was the removal of the
fence?
Gordon: Mr. Mayor and Council, if memory serves me correct, there was also a problem
there with he came in and talked to somebody here who told him it was not a problem
and go ahead and put it in. There was some confusion that I don't think we were able to
satisfy to the Council that he was not given some wrong information prior to installing
his fence. And the fence had been there for a year I guess and one of the neighbors
had complained about the fence and that is what brought it to the fence committee. Yes
the fence was already in but it was my understanding that he understood that there was
Meridian City Council .
> May 6, 1997
Page 50
.
not a problem there. This is that area that has a sidewalk and a planter strip and a curb
and I think that was part of the confusion.
Corrie: Council any questions?
Mader: If it makes a difference the fact that the development fence itself is maybe 2
feet itself off the back of the sidewalk. I guess somehow they were allowed to do that
and there is no safety concem there I guess. So we have my neighbor at 4 feet,
development fence a rod iron fence at 2 feet yet I can't go 5 feet.
Rountree: Well actually you can go a lot closer if you want an open fence like the rod
iron fence.
Mader: According to my covenants I have to go with a wood fence.
Rountree: According to your covenants you can't do what you are proposing.
Mader: That is true, put that on the same grounds Mr. Goehner was aware of the same
covenants as well and on the same grounds he should have been denied then.
Corrie: The covenants are going to be taken care by the homeowners association not
us.
Mader: That is correct, I am just saying that is not an issue here it wasn't an issue then
and it shouldn't be now.
Bentley: Mr. Mayor, in order to take care of this issue. I fail to see. that we have brought
forth anything to warrant a change or warrant serving the variance from the current
building code. So I am going to move that we deny the variance requested on this
fence.
Rountree: Second
Morrow. Question, I guess the question is Mr. Bentley are you moving to deny the
appeal of the variance?
Bentley: That is correct.
Corrie: Any further discussion? All those in favor of the motion to deny the appeal?
Opposed?
MOTION CARRIED: All Yea
Mader: Can I get a copy of the minutes, how do I do that?
Meridian City Council .
. May 6,1997
Page 51
.
Corrie: Sure, just come to the City Hall, it will probably take, well if you want approved
minutes then it will be the next City Council meeting May 20th
ITEM #12: CHAMBERLAIN ESTATES NO.2 DEVELOPMENT AGREEMENT:
Morrow. Mr. Mayor, have we reviewed the development agreement Mr. Attorney?
Crookston: Yes we have.
Morrow. And everything is fine?
Crookston: Yes, Shari and I worked on it yesterday.
Stiles: It is dandy.
Morrow. That being the case I move that we approve the development agreement for
Chamberlain Estates No.2.
Tolsma: Second
Corrie: Motion made by Mr. Morrow, second by Mr. Tolsma to approve the
Chamberlain Estates No.2 development agreement, any further discussion? All those
in favor? Opposed?
MOTION CARRIED: All Yea
ITEM #13: WATERlSEWERfTRASH DELINQUENCIES:
Corrie: Delinquencies for the turn off schedule for 5-14-97, this is to inform you in
writing if you choose to you have the right to a pre-determination hearing at 7:30 p.m.
today May 6, 1997 before the Mayor and City Council to appear in person and be
judged on the facts and defend the claim made by the City that your water/sewer/trash
is delinquent. You may retain Counsel, this service will be discontinued on May 14,
1997 unless payment is received in full. Is there anyone present who wishes to contest
their water, sewer or trash delinquency? They are hereby informed that they may
appeal or have the decision of the City revi~wed by the Fourth Judicial District Court
pursuant to Idaho Code. Even though they aþpeal their water will be shut off. The
amount of the tum off list is $21,753.58. I will entertain a motion for the delinquency.
Morrow. So moved
Rountree: Second