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McClelland, Michael & Laura "A,-~- QEEJ!;JALS . CITY OF MERIDIAN HUB OF TREASURE VALLEY A Good Place to Live . COUNCIL M"'MB"'RS WALTW. MORROW. President RONALD R. TOLSMA CHARL"'S M. ROUNTR""" GL"'NN R. e"'NTlEõY WILLIAM G. BERG. JR.. City Clerk JANICE L. SMITH. City Treesurer GARY D. SMITH. P.E.. City Engineer BRUC'" D. STUART. Water Works Sup\. JOHN T. SHAWCROFT. wa"e Water Sup\. DENNIS J. SUMMERS. Parks Sup\. SHARI L. STILES. P & Z Administrator PATTY A. WOLFKIEL. DMV Supervisor KENNETH W. BOWERS. Fire Chief W.L. "BILL" GORDON, Police Chle' WAYNE G. CROOKSTON. JR.. Attorney 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 . FAX (208) 887-4813 Public WorksIBuilding Department (208) 887-2211 Motor VehicJeJDrivers License (208) 888-4443 July 28, 1997 ROBERTD. CORRIE Mayor P & Z COMMISSION JIM JOHNSON. Chairman GREG OSLUND MALCOLM MACCOY KEITH BORUP RON MANNING Michael & Laura McClelland 1812 E. Chimere Dr. Meridian, ill 83642 RE: FENCE VARIANCE REQUEST 1812 E. Chimere Dr. Dear Michael & Laura: The Fence Variance Committee of the City of Meridian met in your presence at 4:30 p.m. July 28, 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 setback area, as shown on your submitted drawing, subject to the following: 1. The face of the fence shall be set a minimum of 15' -6" from your yard edge of 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 N. Chianti 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. Sincerely, Þ7 ~ Gary D. Smith, P.E. Chairman, Fence Committee cc: File City Clerk Building Inspector '-"":~'~ ,/<':"> u~ /..tU)1r\~ /~L \JCL'íi flY) tJ . IÎ~,l , " v Iv Urcu lî'1c- I g I . l2.h; tv e..re.; bf'. m c.. r i . (l.YJ d. (¡.Oõ) gf4 - ..311 ~ 'VIM Q~\O £, 11ft, ntc.r~ Dr. sV 1[\01,). -~i'Q r '.HI ~ wt~ ~ . . CITY OF MERIDIAN 33 E. IDAHO MERIDIAN, ID 83642 FENCE VARIANCE APPLICATION (RE: Meridian Zoning Ordinance) APPLICANT NAME: Mit'lhne.J It-' ¡aura.. ~(!.klllLntJ. PHONE&?!?4--Õ/17 ADDRESS: 18J;¿ E. {!J¡../mG-r~ br. "Y)l'..ri d j Q n -rd .P3/PI..fL J. I OWNERS NAME & ADDRESS: (If different than above) PROOF OF çmNERSHIP: (COpy OF DEED OR OPTION MUST BE A'ITACHED) LEGAL DESCRIPTION OF PROPERTY: ICTf. I ELK if 4 SUBDIVISION C hQ.Y\1 be.r Jl1 í VI PRESENT USE & ZONING OF PROPERTY F\c:.£ ; d c..n c. e.." c: '? +- O.;tc -.r SCHEMATIC DRAWING: A'ITACH DRAWING SHCWING BUIIDINGS, STREETS & PROPOSED FENŒ: SURROUNDING PROPERrY avNERS: LIST OF THE MAILING ADDRESSES OF ALL PROPERTY OWNERS (FROM AUTHENTIC TAX RECORDS OF ADA COUNTY) WITHIN 1WJ HUNDRED (200) FEET OF THE EJcr'ERNAL BOUNDRIES OF THE LAND BEING CONSIDERED: DESCRIPTION OF REQUIREMENTS OF THE ORDINANCE THAT NEED 'ID BE REDUCED 'ID PERMIT THE PROPOSED FENCE: "~,, "- <:-f -I-J.",.:J <rl!.+ha:c.f¿ ~",' ~ tnvrt-S ,()+ 20 -i'+ -41rnn-. ,oroìf)er'/'j Ii"'" )." ~du=tJ !or .31 foo.J- s",<, }/o,,"'.¡: iLl(~.J.- rid,- D.f!. fe-nct:, nt....('JDr~f.J- pnr.J-;o" be.l"j ,c;' -Prom frofr..-r.J.:;j Ij(' p~. A'ITACH APPLICATION FEE OF $ SOiX'J ATl'ACH STATEMENT THAT FENCE IS AI.J:.aVED UNDER THE RESTRICrrVE COVENANTS OF THE SUBDIVISION OR A COpy OF THE RESTRICI'IVE COVENANTS PERI'AINING 'ID FENCES: APPLICANTS SIGNATURE: 1nllhd )'-tYJeN LDJ CU1fl ) DATE RECEIVED CCMU'ITEE HEARING DATE RECEIVED BY . . ISp'" Abo", Th;, Li", U"d ", """d;"g Dot'J 49DO0372 149DOD3 72 0 DEED OF TRUST THIS DEED OF TRUST ("Security Instrument") is made on November 12, 1996 The grantor is MICHAEL J MCCLELLAND, LAURA L MCCLELLAND, HUSBAND & WIFE ('Bonower"), The trustee is AMERICIIN LAND TITLE CCMPIINY ("Trustee"), The beneficiary is CHASE MANHATTAN MORTGAGE CORPORATION under the laws of the State of New JerBey, and whose address is , which is orgsnized and existing 343 THORNALL STREET EDISON, NJ OBB37 ("Lender"), Bonower owes Lender the principal sum of Ninety-Three Thousand, Four Hundred and 00/100 Dollars (U,S. $ 93,400.00 ). This debt is evidenced by Borrower's note dated the same date a"his Security Instrument ("Note"), which provides for monthty paymentS, with the full debt, if not paid earlier, due and payabte on December 1, 2D26 ,ThisSecuritylnstrumentsecurestoLender: (a) the repayment of Ihe debt evidenced by the Note, with interest, and all renewals, extensions and modifications of Ihe Note; (b) the payment of all other sums, with interest, advanced under paragraph 7 to protect the security of this Security Instrument; and (c) the performance of Borrower's covenantS and agreements under this Security Instrument and the Note. For this purpose, Bonower irrevocably grants and conveys to Trustee, In trust, with power of sale, the following described property tocated in ADA County, Idaho: LOT 11 IN BLOCK 4 OF CHAMBERLAIN ESTATES SUBDIVISION, ACCORDING TO THE OFFICIAL PLAT THEREOF, FILED IN BOOK 71 OF PLATS AT PAGES 7299 AND 73DD, RECORDS OF ADA COUNTY, IDAHO. which has the address of 1812 E CHIMERE DRIVE, MERIDIAN, ID 83642 ("Property Address"); TOGETIlER Wrrn all the improvements now or hereafter erected on the property, and alt easements, appurtenances, and fixtures, now or hereafter a part of the property. All replacements and addItions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the" Property." BORROWER CGVENANTS that Borrower is tawfully seised of the estate hereby conveyed and has die right to grant and convey the Property and that the Property is unencumbered, except for encumbrances of record, Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record, THtS SECURtTY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: IDAHO-S;",t, 'amUv.FNMAIFHLMC UNIFORM INSTRUMENT C.1105P,,"ot5t6/94J Foon 3D13 9/90 . . iGO10000605 b) Other Owner Fences. Otherf\!i;I',IØ1I!IIi!I by Lot Owners are not required. If a~ence is desirøQ~plans for it shall be approved by the Soard prior to coDstruction. Fences shall be of good quality and workmanship and shall be properly finished and maintained. Fences may be built of wood, such as a 6-foot, dog-eared cedar. Chain link fences are not allowed except along ditches or retention pond areas. Fences shall not be built closer to the front of the lot than even with the front corner of the house, nor within 20 feet of any street rights of way. c) Rete:1tion Pond Fence. The fence around the retention pond/drainage basin contained in that common area lot (Lot 13, Block 1) shall be maintained by the Association. 4.3.13 Construction Time. Once construction has begun, completion of each building or other improvement shall be diligently pursued and completed wi thin 12 months. 4.3.14 Construction on Premises. No pre-existing dwelling or pre-fabricated dwelling shall be moved onto any lot. All dwellings in this Subdivision must be constructed on the lot. 4.3.15 Sewer Locations. Hook-u~s. All bathroom, sink and toilet facilities shall be located inside the dwelling, and connected by underground pipe to lot line sewer. All connection and sewer charges are the responsibility of the owner of each lot at the time of connection. 4.3.16 Antennae. No exterior radio antenna, television antenna, satellite dish antenna or other antenna of any type shall be erected or maintained on the Property unless it is located or screened in a mannèr acceptable to the Board. 4.3.17 No Further Subdivision. No Building Lot may be further subdivided, nor may any easement or other interest therein less than the whole be conveyed by the Owner thereof without the ~rior written approval of the Board; provided, however, that nothing in this section shall be deemed to prevent an Owner from, or require the approval of the Board for, transferring or selling any Building Lot to more than one person to be held by them as tenants-in-common, joint tenants, tenants by the entirety or as community property. COVENANTS, CONDITIONS AND RESTRICTIONS - 7 d\real est\Chanber .ocr . . 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 LM" on Mondav, Julv 28. 1997, for the purpose of reviewing and considering the Application of Michael & Laura McClieland for a variance from the Meridian Fence Ordinance at the property legally described as follows: Lot 11. Block 4 Chamberlain Estates and known by the address 1812 E. Chimere Dr. 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...11!h... day of ...1Y!ï....-, 1997, ~.6~~p LlAM G. BERG, JR., CI C¿[R~ SehcmoJ-ìCJ DV'/.l.lÙìrî~ Fe..ncf... \Jari flY\CtJ . t1 i en£tL I oV Ivaurcu me. c,ldl o..n cl J g I 2.. £. C!.h j Mere.; bf'. YYJc..ri cL (l.YJ J :rei &08) 8~4- .3117 . ~ ~\o ~ I t( V.j - -v S .,.sV 1[\0"" £, I1J /rnU'~ Dr.