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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 . . 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 ..z '" CI BBB6B54 j g § "n ID a i ."- -. - .. ~o~"r" APR 30 '01 09:24 8886854 PAGE. 04 . . 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 . . 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 . . 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 ~ ?-/. I 887-2211 3' Solid Fence or 4' Open type Fence In Front of Setback SI}¡ &&1 ~ 3' Wood or Solid Fence or 4' Open Fence ~/ e c}\0 ,/ 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. . . .. 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. . . , II -'-24- . II' -- .. .. .. II I , . I -- - II j ~ ~ . j . n .,: -';, .., n i ~ 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¡ ì BB66B54; Apr-30-01 9:10AM; . 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' ~' Jð .¡fI.J ;(0- 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; . 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 -- -'-, APR 30 '01 09:24 '.. 54 PAGE. 03 88868 \q" \~c::, BtL , . A Pioneer Company . 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