Schmidt, Arlen
GARY D. SMITH, P.E.
Public Works Director
~ CITY OF MERlDIAt
PUBLIC WORKS I BUILDING DEPARTMENT
MAYOR
ROBERT D. CORRIE
BRAD R. WATSON, P.E.
City Engineer
RECEIVED
MAY 24 20m
COUNCIL MEMBERS
RON ANDERSON
KEITH BIRD
TAMMY DE WEERD
CHERIE MCCANDLESS
CITY OF MERIDIAN
May 23, 2001
Mr. Arlen Schmidt
2754 So. Givens Way
Meridian, Idaho 83642
RE: FENCE VARIANCE REQUEST - 2754 S. Givens Way.
Dear Mr. Schmidt:
Following a field visit to your property, the Fence Variance Committee of the City of Meridian has
decided that the variance request for your side yard fence along S.BurgdorfWay is not necessary.
The comer of this fence, closest to your side lot property line, is set back approximately 21 feet from
the property line, which meets City setback requirements. A check for $50.00 will be sent to you as
reimbursement of your application fee.
We apologize for any inconvenience this matter may have caused you.
Sincerely,
~M~
Gary D. Smith, PE
Fence Variance Committee
Cc: file, City Clerk, Bldg.lnspector
660 E. Watertower Ln., Suite 200 Meridian, Idaho 83642
Public Works (208) 898-5500 Building (208) 887-2211
Fax (208) 887-1297
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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 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 4:30 P.M., on May 23,
2001, for the purpose of reviewing and considering the application of Arlen P.
Schmidt for a variance from the Meridian Fence Ordinance at the property legally
described as follows: Lot 8; Block 9 of Thousand Springs Subdivision and known
by the address of 2754 South Givens Way. The applicant proposes a reduction
of the required distance from 20 feet to 19 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 30th of April, 2001
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APR 30 '01 09:24
8886854
PAGE. 04
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CITY OF MERIDIAN
MERIDIAN FENCE COMMITTEE MEETING
AGENDA
Wednesday, May 23, 2001
City Council Chambers
FENCE COMMITTEE MEMBERS:
- Mr. Gary Smith, P.E., City Engineer
- Mrs. Cherie McCandless, City Council
- Captain Dave Bowman, Meridian Police Department
- Mr. Keith Borup, Planning and Zoning Chairman
ITEMS FOR REVIEW:
Item No.1 4:30 p.m
Item No.2 4:45 p.m.
Item No.3 5:00 p.m.
Item No.4 5:15 p.m.
Arlen P. Schmidt
2754 South Givens Way
Lot 8 Block 9
Thousand Springs Subdivision
Joseph A. Stanek
2838 West Foxtrotter Drive
Lot 31 Block 3
Tuthill Estates
Matt and Amber Wood
2022 East Dworshak Drive
Lot 12 Block 4
Sherbrooke Hollow No.2
John Bischoff
2501 Green Canyon Drive
Lot 12 Block 8
Thousand Springs Subdivision
.
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CITY OF MERIDIAN
MERIDIAN FENCE COMMITTEE MEETING
AGENDA
Wednesday, May 23, 2001
City Council Chambers
FENCE COMMITTEE MEMBERS:
- Mr. Gary Smith, P.E., City Engineer
- Mrs. Cherie McCandless, City Council
- Captain Dave Bowman, Meridian Police Department
- Mr. Keith Borup, Planning and Zoning Chairman
ITEMS FOR REVIEW:
Item No.1
4:30 p.rn
Item No.2 4:45 p.m.
Item No.3 5:00 p.m.
Arlen P. Schmidt
2754 South Givens Way
Lot 8 Block 9
Thousand Springs Subdivision
Joseph A. Stanek
2838 West Foxtrotter Drive
Lot 31 Block 3
Tuthill Estates
Matt and Amber Wood
2022 East Dworshak Drive
Lot 12 Block 4
Sherbrooke Hollow No.2
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CITY OF MERIDIAN
33 E. IDAHO MERIDIAN, ID 83642
FENCE VARIANCE APPLICATION
(RE: Meridian Zoning Ordinance)
APPLICANT NAME: .D-xlcvv q ~ cc~~'Å-\
ADDRESS: ? '1 c) k-¡\o C, G.-, \j t2.JJ Ç, tß "è \--/
OWNERS NAME & ADDRESS: (If different than above)
PHONE gc¡ C; -.1 "7/6
~c..~,ç; PROOF OF OWNERSHIP: (COpy OF DEED OR OPTION MUST BE ATTACHED)
Gl.~'- LEGAL DESCRIPTION OF PROPERrY: Im# c;¡ ELK # 9
SUBDIVISION T,^ D "-I. Co"" ,!
PRESENT USE & ZONING OF PROPERrY
I¡'C-";> Idc<""L;~ I
ê,rY'lf\J)f
SCHEMATIC DRAWING: A'ITACH DRAWING SHc:mING BUilDINGS, STREErS & PROPOSED FENCE:
SURROUNDING PROPERrY CWNERS: LIST OF THE MAILING ADDRESSES OF ALL PROPERrY
OWNERS (FROM AUI'HENTIC TAX RECORDS OF ADA COUNTY) WITHIN 'MJ HUNDRED (200)
FEEl' OF THE Ðcr'ERNAL BOUNDRIES OF THE LAND BEING CONSIDERED:
~~~ON P~PO~~fM ~~~CE s ~~ ~ I~ BE O~CED TO
8t;....rj J..vt 5[1(' p f- ht>v-<,,<
ATTACH APPLICATION FEE OF $ 5 0 !E.
A'IT.ACH STATEMENT THAT FENCE IS ALI.CmED UNDER THE RESTRIcrIVE COVENANTS OF THE
SUBDIVISICN OR A CDPY OF THE RESTRICrIVE ~ ~ mcæ, i
APPLICANTS SIGNATURE: ~ ~
DATE RECEIVED A p>t'. \ 2-=\. 1 N'\ \
RECEIVED BY~~O -{Y\ ~)\.a \ (Y\
cx::MMI'ITEE HEARING DATE
Ha~ III I '2(X'\\
5:00 pm.
Fence Regulation
Interior Lot .
-, ""-1"11-/1/,1"
,
Property Line
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887-2211
3' Solid Fence
or 4' Open type Fence
In Front of Setback
SI}¡
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3' Wood or Solid Fence
or 4' Open Fence
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3' Wood or Solid Fence
or 4' Open Fence
NOTES:
), 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 priarJQ fence construction, (Normally. but nQ! always.
street side property line is 1.5 to 2.0 feet from edge of sidewalk,)
4, 'Open fence" is defined as having 80% of its area 'open:
Leave 4'x4' Open Access
to Water Meters and Fire Hydrant
un
a.
4I!he owner or applicant shall ~e an application for
a fence variance with the City Clerk which
application shall state the following:
.
.
(1)
Address of subject property;
(2)
Name. address and phone number of applicant;
n
(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 )
Scheuatic drawing of the building and proposed
fence;
.
(9)
List of the mailing addresses of all property
owners (from authentic tax records of Ada
County) within two hundred feet (200') of the
external boundaries of the land being
considered;
.
0
(10)
MinÍ8um requirements of this Ordinance that
need to be reduced to permit the proposed fence;
--
(11)
An application fee established by resõlution of
the Council; (Ord. 524, 4-3-90; amd. Ord. 557,
10-1-91)
--
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 two hundred feet (200') of the radius
of the subject property, which hearing shall be held
not sooner than fifteen (15) days after the mailing
of the required notice and not more than thirty (30)
days after mailing of the required notice. The notice
of hearing does not need to be published in the
official newspaper.
.
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c.
Th;à 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 Councilmember and one
Planning and Zoning member. A quorum of said
committee shall be a minimum of three (3) members of
the committee.
.
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9-605
9-605
'93
d..
Upon hearing the request f~he fence variance, the
committee shall either ap~ve or deny or approve
with conditions, the application for fence variance;
no written findings o;f 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 subsection 11-2-416Gl. (Ord. 524, 4-3-90)
K
LINEAL OPEN SPACE CORRIDORS
The extent and location of lands designed for linear open space
corridors should be determined largely by natural features and,
to a lesser extent, by man-made features such as utility
easements, transportation rights of way or water rights of way.
Landscaping, screening or lineal open space corridors may be
required for the protection of residential properties from
adjacent arterial streets, waterways, railroad rights of way or
other features. As improved areas (landscaped), semi-iIDproved
areas (a landscaped pathway only), or unimproved areas (left in a
natural state), linear. open space corridors serve:
1.
To preserve openness;
2.
To interconnect park and open space systems within rights
of way for trails, walkways, bicycle ways;
3.
To playa major role in conserving area scenic and natural
values, especially waterways, drainageways and natural
habitat;
4.
To buffer more intensive adjacent urban land uses;
5.
To enhance local identification within the area due to the
internal linkages; and
6.
To link residential
recreation facilities.
neighborhoods,
park
and
areas
Subdivision plats or development plans shall show the location of
any lineal open space corridors.
L
PEDESTRIAN AND BIKE PATHWAYS
Bicycle and pedestrian pathways shall be encouraged within new
developments as part of the public right of way or as separate
easements so that an alternate transportation system (which is
distinct and separate from the automobiles) can be provided
-25-
ÍO.
.
.
If an owner or applicant desires to obtain a variance ftom 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 trom this fence
ordinance, which shall be as follows:
e.
a.
9.
II.
b.
The owner or applicant shall file an application for a fence variance with the City Clerk,
which application shall state the following:
1.
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;
List of the mailing addresses of all property owners (ftom the Meridian Planning &
Zoning Department) within 200 feet of the external boundaries of the land being
considered;
10.
Minimum requirements of this ordinance that need to be reduced to permit the
proposed fence;
An application fee established by resolution of the Council;
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.
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.
c.
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 fIDdings of
fact shall be required but a written decision shall be WTitten to the applicant and to any party
requesting written notification of the decision at the hearing.
APPEAL. Any aggrieved party may appeal the decision of the committee directly to the
City Council pursuant to Section 11-2-416 G., 1.
Sent By: Clty Of Merldlan¡
To: City Clerk At: 6664218
8¡
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BB66B54;
Apr-30-01 9:10AM;
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ARLEN SCWMIbT - Z754 s. rSlVENs WAY
PROfIERTY OWNERS WITHEN 200'
HAU.MARIC ENTERPRISES INt:
2918 E MOON DIPPER CRT
MERIDIAN ID 83642-9138
2647 S LOFTUs WAY
TAHOE CONSTRUCTION LLC
PO BOX 1058
MERIDIAN II> 83680-0000
Z673 S LOFTUS WAY
HANDLOS THAD
HANDLeS LINDA
2658 S LOFTUS WAY
MERIDIAN ID 83642-0000
DAVIS CRAIG
DAVIS JANICE
2671 S BURGDORF WAY
MERIDIAN II> 83642-0000
FARWE5TLLC
4550 W STATE ST
BOISErl> 83703-4467
2691 5 LOFTUS WAY
2810 S ~ANI>Y'S JEWEL AVE
2750 S BRANDY'S JEWEL AVE
WIlliAMS MARSHALL E
WIlUAMS KARLA I
2830 DUANE I>R
MERIDIAN ID 83642-5831
2680 S LOFTUS WAY
seu. JEFFREY R
BEU.. WEN!)Y E
1357 E !"ITKIN AVE
MERIMAN II> 83642-6901
2719 S LOFTUS WAY
APR 30 '01 09:23
JARDINE JEFFREY A
2699 S BURGOORF WAY
MERIDIAN II) 83642-0000
BROUILLETTE PHILLIP R
BROUILLETTE LESLYN Q
2700 S LOfTUS WAY
MElUI>IAN II> 83642-0000
CHRISTENSEN TRAVIS J
CHRISTENSEN CHARO T
2727 S BURGOORF WAY
MERIDIAN II> 83642-0000
JONAS JAMES L
2698 S BURGDORF WAY
MERIDIAN ID 83642-0000
SCHMIDT ARlEN P
SCHMIDT MIRIAM L
2754 S GIVENS WAY
MERIDIAN II> 83642-0000
MONTIERTH DENNIS G
MONTIERTH SHAWNEE IC
Z726 S BERGDORF WAY
MERII>IAN ID 83642-0000
CARSON ~YAN C
CARSON MARlA J
2725 S GIVENS WAY
MERII>IAN II) 83642-0000
STACY CONSllWCTION INC
1858 E SUMMERCOVE DR
MElUI)IAN II) 83642-0000
2752 S BURGDORF WAY
8886854
Page'
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PAGE. 01
sent By: Clty Of MerlOlan;
.1
RIVER SAGE HOMES INC
5727 GROVER ST
BOISe ID 83704-0000
Z738 S BRANDY'S JEWEL AVE
PARDUE CJ.lARLES V
PARDUE HOLLY K
2747 S GIVENs WAY
MERIDIAN ID 83642-0000
HOWA~t> TREVOR
HOWARD JOHNA
Z765 S SLATE CREEK WAY
MERIDIAN ID 83642-0000
CJ.fAPMAN WILLIAM M
CJ.fAPMAN MARILYN S
Z770 9 BURGDOAF WAY
MERIDIAN ID 8364Z-OOOO
CVtI CONSTRUCTION INC
1500 BARRE'IT
MERIDIAN II) 8364Z-OOOO
2769 S GIVENs WAY
UNDSTROM JEFFERY SCOTT
HEPPER HOMES INC
2700 E DWORSHAK DR
MERIMAN ID 83642-0000
HEf'PER HOMES INC
43 E FAIRVIEW
MERIDIAN ID 83642-0000
E DWORSHAK DR
WHITE BRETT E
PERUCH .JEANNE M
2680 E DWORSHAK DR
MERIt>IANID83642~
JOHNSON JEFFREY B
JOHNSON BRANDI [)
2787 S GIVENS WAY
MERIDIAN ID 83642-0000
APR 30 '01 09:23
BBB6B54 ;
Apr.;¡O-O1 9: 1 OAM;
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GLENN JOHNSON HOMEs INc
2424 S MAPLE GROVE RD
BOISE ID 83709-0000
2788 S BRANDY'S JEWEL AVE
PRESTIGE J.lOMES INC
PO BOX 104
BOISE ID 83701"()1O4
2803 S GIVENS WAY
8886854
Page 2
PAGE. 02
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APR 30 '01 09:24
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54 PAGE. 03
88868
\q" \~c::, BtL
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A Pioneer Company
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PIONEER TITLE COMPANY
OF ADA COUNTY
8151 W. Rifleman Ave I Boise, Idaho 83704 I (208) 377-2700
CORPORATE WARRANTY DEED
FOR VALUE RECEIVED,
JOHN FLAHERTY CONSTRUCTION,INC., an Idaho corporation
a corporation duly organized and existing under the laws of the State of Idaho, grantor, does hereby Grant, Bargain, Sell
and Convey unto
ARLEN P. SCHMIDT and MIRIAM L. SCHMIDT, husband and wife
whose address is: 2754 S. GIVENS WAY, MERIDIAN, ID 83642
grantee, the following described real estate, to-wit:
Lot)8 in Block 9 of THOUSAND SPRINGS SUBDIVISION #4, according to the Official Plat
thereof, filed in Book 79 of Plats at Page 8457-8458, Official Records of ADA
County, Idaho,
~.
2001 JA 26 PH I¡: 09
RECORDED- REQUEST Of
fE~~PUTy9~
I 0 I 0067 6 3~\O~~~? \\1Ï-e
AriA COUNTY RËéoRDER
J. DAVID NAVARRO
BOISE. IDAHO
SUBJECT TO current years taxes, irrigation district assessment, public utility easements, subdivision restrictions and
U.S. patent reservations.
TO HAVE AND TO HOLD The said premises, with their appurtenances unto the said Grantee, his heirs and assigns
forever. And the said Grantor does hereby covenant to and with the said Grantee, that it is the owner in a fee simple of
said premises; that they are free from all encumbrances and that it will warrant and defend the same from all lawful claims
whatsoever.
IN WITNESS WHEREOF, The Grantor, pursWlIlt to a resolution of its Board of Directors has caused its corporate
name to be hereunto subscribed by its President this 26th day of January, 2001.
~.
BY:
JO ,F JR" P DENT
STATE OF IDAHO
COUNTY OF ADA
ss.
\
FOR VALUE RECEIVED, . I
JOHN"IIrAHERTY CONSTRUCTION,INC., an Idaho rporation
a corporation duly organized and existing under the laws of the State of Idaho, grantor, does hereby Grant, Bargain, Sell
and Convey unto
ARLEN P. SCHMIDT and MIRIAM L. SCHMIDT, husband and wife
whose address is: 2754 S. GIVENS WAY, MERIDIAN, ID 83642
grantee, the following described real estate, to-wit:
Lot)8 in Block 9 of THOUSAND SPRINGS SUBDIVISION #4, according to the Official Plat
thereof, filed in Book 79 of Plats at Page 8457-8458, Official Records of ADA
County, Idaho.
RECORDED- REQUEST OF
FE~~PUT/9!lZ@l5
I 0 I a a 6 7 6 3 ~\O~'é.'é.?1"11..'é.
SUBJECT TO current years taxes, irrigation district assessment, public utility easements, subdivision restrictions and
u.s. patent reservations.
ADA COUNTY REéoRDER
J. OAVID NAVARRO
BOI3E. IDAHO
2001 JA 26 PH ~: 09
TO HAVE AND TO HOLD The said premises, with their appurtenances unto the said Grantee, his heirs and assigns
forever. And the said Grantor does hereby covenant to and with the said Grantee, that it is the owner in a fee simple of
said premises; that they are free from all encumbrances and that it will warrant and defend the same from all lawful claims
whatsoever.
IN WITNESS WHEREOF, The Grantor, pursuant to a resolution of its Board of Directors has caused its corporate
name to be hereunto subscribed by its President this 26th day of January, 200 I.
~
BY:
JO . F JR., P DENT
STATE OF IDAHO
ss.
COUNTY OF ADA )
On This ~~ day of January, in the year 2001, before me, a Notary Public in and for said State,
personally appeared John M. Flaherty, Jr., known or identified to me to be the President of the Corporation that executed
the instrument or the person who executed the instrument on behalf of said Co ation, and acknowledged to me that such
Corporation executed the same.
Notary Public 0 Idaho
Residing at BOISE
Commissinn expires: 5/05/2005