Nolan, Charlotte
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MEMORANDUM
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Subject:
William G. Berg, Jr.
Wm. F. Gigray, III ð r--
CHARLOTTE NOLAN & ROBERT SMITH FENCE V ARlANCE
CITY OF l'illibDl.4.i\i
To:
From:
Date:
December 7,1999
Will:
Pertaining to the above file, please enclosed the FINDINGS OF FACT
AND CONCLUSIONS OF LAW AND ORDER OF DECISION DENYING
VARIANCE request for Charlotte Nolan and Robert Smith for the residence at 2466
W. Carlton, Meridian, Idaho. This matter is to be heard at the Council meeting on
December 7, 1999.
If you have any questions please advise.
msglZ,IWorklMlMeridian ¡ 5360MINoian and Smith Appeal of Fence V ARIClerk120799,Ltr
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BEFORE THE MERIDIAN CITY COUNCIL
12-03-99
IN THE MATTER OF THE
APPLICATION OF CHARLOTTE
NOLAN AND ROBERT SMITH
FOR APPEAl OF FENCE
VARIANCE FROM THE
COMMITTEE DECISION, 2466 W.
CARLTON STREET, MERlDIAN,
IDAHO
APPEAl OF FENCE VARIANCE
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
ORDER OF DECISION
DENYING VARIANCE
The above entitled matter coming on regularly for public hearing before the City
Council on the November 16, 1999, and Gary Smith, Public Works, appeared and
commented at the hearing, and the applicant, Charlotte Nolan, appeared and testified on
behalf of the applicant at the hearing, and no one appeared in opposition, and the City
Council having received the transmittal to agencies and having received the variance
application, having heard the testimony presented, being fully advised in the premises does
hereby make the following Findings of Fact and Conclusions of Law and Order of
Decision, as follows to-wit:
STATEMENT OF LEGAL AUTHORlTY AND JURlSDICTION:
CONCLUSIONS OF LAW
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 1 of 6
ORDER OF DECISION DENYING VARIANCE I
CHARLOTTE NOLAN AND ROBERT SMITH
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Judicial Notice:
The Council may take judicial notice of government ordinances, and policies,
and of actUal conditions existing within the City and State.
1.
The City of Meridian has authority pursuant to the enactment of the
"Local Land Use Planning Act" codified at Chapter 65, Title 67, Idaho Code and in
particular in §§ 67-6513 and 67-6516 respectively to subdivision ordinance and
variance which section provide as follows:
Subdivision ordinance: Each governing board shall provide, by ordinance
adopted, amended, or repealed in accordance with the notice and hearing
procedures provided under section 67 -6509, Idaho Code, for standards and for
the processing of applications for subdivision permits under sections 50-1301
through 50-1329, Idaho Code. Each such ordinance may provide for mitigation
of the effects of subdivision development on the ability of political subdivisions
of the state, including school districts, to deliver services without compromising
quality of service delivery to current residents or imposing substantial additional
costs upon current residents to accommodate the proposed subdivision. Fees
established for purposes of mitigating the financial impacts of development must
comply with the provisions of chapter 82, title 67, Idaho Code.
Variance: Definition :Application: Notice: Hearing: Each governing board
shall provide, as part of the zoning ordinance, for the processing of applications
for variance permits. A variance is a modification of the bulk and placement
requirements of the ordinance as to lot size, lot coverage, width, depth, front
yard, side yard, rear yard, setbacks, parking space, height of buildings, or other
ordinance provision affecting the size or shape of a structure or the placement of
the structure upon lots, or the size of lots, A variance shall not be considered a
right or special privilege, but may be granted to an applicant only upon a
sho'vving of undue hardship because of characteristics of the site and that the
variance is not in conflict with the public interest. Prior to granting a variance,
notice and an opportunity to be heard shall be provided to property owners
adjoining the parcel under consideration.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 2 of 6
ORDER OF DECISION DENYING V ARlANCE I
CHARLOTTE NOLAN AND ROBERT SMITH
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2.
The City of Meridian has duly enacted the "Subdivision and
Development Ordinance" of the City of Meridian at Title 11 Chapter 9 Section 600 et
seq. Of the Revised and Compiled Ordinances of the City of Meridian which provide in
part for the regulation of fences at § ll-9-605 J.
3.
§ 11-9-605J (10) provides:
3.l
If an owner or applicant desires to obtain a variance from the
provisions of this subsection 11-9-6051. "Fences", it shall not be
treated as variance pursuant to the provisions of Sections 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 (2) sections. There shall be a special
procedure for variances from this fence Ordinance.
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 [¡[teen (15) days after the mailing of the
required notice and not more than thirty (30) days after mailing of
the required notico:;. 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 (3) members of the
committee.
Upon hearing the request for the fence variance, the committee
shall either approve or deny or approve with conditions, the
application for fence variance; no written findings of fact shall be
required but a written decision shall be written to the applicant
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 3 of 6
ORDER OF DECISION DENYING V ARlANCE I
CHARLOTTE NOLAN AND ROBERT SMITH
.
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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 subsection 11-
2-4l6G1.
STATEMENT OF FACTS RELATIVE TO LEGAL AUTHORlTY
AND JURlSDICTION
FINDINGS OF FACT
1.
The applicant, Charlotte Nolan, and Robert W. Smith, owner of
the property, both of 2466 W. Carlton Street, Meridian, Idaho, filed for a variance of
the fence regulations at Section 11-9-617A2 of the Zoning and Development
Ordinance. (1l-9-617 APPENDIX).
2.
Applicant, Charlotte Nolan, seeks a variance of the fence regulation
because applicant seeks to construct a 6' solid privacy fence within 2' of the sidewalk,
and this is due to the fact that the applicant additionally seeks to construct an above
ground pool and the fence would otherwise be too close to the pool.
3.
The Fence Variance Committee duly met and considered this
matter, and granted a partial variance as set forth in the Committee's decision dated
November 4, 1999, which is attached and marked Exhibit "A", and by this reference
incorporated herein the findings from which decision the applicant appeals to the City
Council.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 4 of 6
ORDER OF DECISION DENYING V ARlANCE I
CHARLOTTE NOLAN AND ROBERT SMITH
.
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4,
The Council finds that the Fence Variance Committee followed the
provisions of the ordinance relative to this matter and finds no compelling reason to
overturn the decision ofthe Fence Variance Committee.
DECISION AND ORDER
NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING
FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby
Order and this does Order:
1.
Pursuant to Section I 1-9-605J( 10) of the Revised and Compiled Ordinances
of the City of Meridian, the Applicant is hereby denied a fence variance as per the decision
of the Fence Variance Committee's decision in theirletter dated November 4, 1999, which
is affirmed for the real property located at 2466 W. Carlton Street, Meridian, Idaho.
NOTICE OF FINAL ACTION
Please take notice that this is a final action of the governing body of the City of
Meridian. Pursuant to Idaho Code § 67 -652l an affected person being a person who
has an interest in real property which may be adversely affected by the issuance or
denial of a variance authorizing a fence variance of 11-9-605 J Fences as provided in
the Section 11-2-410 A, and may within twenty-eight (28) days after the date of this
decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho
Code.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 5 of 6
ORDER OF DECISION DENYING VARIANCE I
CHARLOTTE NOLAN AND ROBERT SMITH
.
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By action of the City Council at its regular meeting held on the ?fA day of
:9 e ce f?t--~
, 1999.
ROLL CALL:
COUNCILMAN RON ANDERSON
VOTED ab.rt'nf-
COUNCILMAN GLENN BENTLEY
VOTED ~cr-
COUNCILMAN KEITH BIRD
VOTED$CL.
COUNCILMAN CHARLIE ROUNTREE
VOTED4C<..-
.-
MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED-
DATED: IZ -1-19
MOTION: APPROVED' @---
DISAPPROVED:
Copy served upon Applicant, the Planning and Zoning Department, Public Works
Department, and the City Attorney office.
BYJt~~ ~ r¡
City Clerk .
Dated:
l2-7-49
msg/Z,\Work\MlMeridian I 5360MINoian and Smith Appeal ofFence VARIFfClsGrantVariance
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 6 of 6
ORDER OF DECISION DENYING V ARlANCE I
CHARLOTTE NOLAN AND ROBERT SMITH
-./~./
/
ROBERT D CORRIE
Moyor
aTY OF MERID 1-
("01 'N("IL \1E,\111EW;
CHARLES \1 ROl'.'iTREE
GLENN R BENTLEY
RON",NDERSO~
KEITH BIRD
GARY D, SMITH. P.E
Pubilc Works O"e:[or
PUBLIC WORKS I BUILDING DEPARTMENT
November 4, 1999
Chariotte Noian
2466 W. Carlton Street
Meridian, Idaho 83642
RE: FENCE VARIANCE REQUEST - 2466 W, Carlton Street
Dear Charlotte:
The Fence Variance Committee of the City of Meridian met at 4:30 P.M., November 3, 1999 in City
Hail, to consider your request for a fence setback variance.
After due consideration, the Commitiee decided to allow a variance request for you to construct a six
(6) foot tall wooden fence in your side street setback area. This fence location is as shown on the
attached sketch and is subject to the following conditions:
1. The face of the fence shall be set a minimum of 10 feet from the yard-side edge of sidewalk
along N. Maura Avenue.
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
subdivision's Protective Covenants. We recommend that you obtain approval from your
Homeowner's Association for this fence iocation.
5. We recommend that you contact Dig-Line at 342-1585 for location of underground utilities prior
to excavation for your fence posts.
6. Please obtain a building permit for your fence from the City of Meridian Building Department
prior to beginning construction. Please call for an inspection after the fence construction is
completed.
We understand, from this meeting, that you do not agree with this variance decision by this
Committee and as such we have advised you that you can appeal our decision to the City Council. If
this is your desire, please send a letter to Mayor Corrie asking to be placed on the next availabie City
Council agenda for the reason of appealing this decision of the Fence Variance Committee. We
suggest that you include in your letter to Mayor Corrie, the reasons for your appeal of the
Committee's decision. As we discussed with you, the Committee's decision to only allow the 10-foot
encroachment into the side street setback is based on aesthetics in the subdivision and safety of the
vehicular and pedestrian traffic. We feel that a six foot tall fence built adjacent to the edge of the
sidewalk will create an alley or tunnel effect with the street and will in turn cause a safety issue for
both vehicles and pedestrians.
200 East Carlton, Suite 100 . Meridian, Idaho 83642
Phone (208) 887-2211 . Fax (208) 887-i29ï
~.,.""".,.. ,
.,:t... .
",on' yo" foe romo'ying "'Ih tho City ominMœ in reqoo,ting Ih" "ri,= Md 'yo" h", ony
. questions please give me a call.
Sincerely,
)J~~
Gary D. Smith, PE
Chairman, Fence Committee
Cc: Mayor, File, Bldg.lnspector, City Clerk
Meridian City Council MJlt9
November 16, 1999
Page 61
.
Berg: Okay.
el! p IJ' ÇZ
/1 .."P (i~
u~ ,~.
Bird: What about 33? Is that a long Item? It's not a public hearing.
Berg: (inaudible) recommendation from the P & Z.
Anderson: Mr. Mayor.
Corrie: Mr. Anderson.
Anderson: Well, we just table the rest of the public hearings and the related
ordinances, and then start with Item 32 and work this as far as we can until
11 :OO?
Corrie: Okay. That's whatever you want to do.
Bird: I second that.
Gigray: Mr. Mayor, could I - point of information. I just want to clarify with the
Public Works Director that if we continue this ordinances, is that going to be a
problem with the Vienna Woods plat because the amendment of the ordinance
with regards to double hook-up fees is one of the follow-ups.
Smith: Mr. Mayor, Council members, Mr, Gigray, I don't think it'll be a problem
with that plat because those fees would not be assessed until building permits
came in, and they're a ways from that and should be okay.
Corrie: Okay. The motion for the Chair to have Items 24, 25, 26, 27, 28, 29, 30
and 31 to be placed on the agenda first in October the - excuse me, December
the ¡th meeting. Any further discussion on that request? Okay, Hearing none,
all those in favor of that motion say aye.
MOTION CARRIED: ALL AYES
Corrie: You have a little extra time. I appreciate you folks staying. We want to
make a good decision, I'll entertain a motion now to table Items 24 - we already
- we just did, Continued it.
Bird: Continued it.
ITEM 32.
APPEAL OF FENCE VARIANCE COMMITTEE DECISION BY
CHARLOTTE NOLAN AND ROBERT SMITH:
Corrie: Okay. Item No, 32 is appeal of a Fence Variance Committee decision by
Charlotte Nolan and Robert Smith, Staff, comments on this, Gary?
MeridianCity Council M.ln9
November 16,1999
Page 62
.
Smith: Thank you, Mr. Mayor, Council members. Shari has put up on the screen
a planned view of the proposal. This residence is located at 2466 West Carlton
in the Haven Cove Subdivision, and it is a corner lot as all of the lots are that the
Fence Variance Committee deals with for exceptions to the setback on six-foot
tall fences. The proposal from this property owner is to locate a fence out next to
the sidewalk on North Mora (sic) Avenue, I believe it is. I think, yeah, the fence
was to be located within two feet of the edge of sidewalk, their yard-side edge of
sidewalk. That's denoted by that dash line that parallels the sidewalk line. The
Fence Variance Committee met and rendered a decision on this on November
the 3rd in the presence of the applicant. The Fence Variance Committee has
been very consistent in their decisions to allow construction of a six-foot tall solid
fence within the side street setback area on corner lots. We feel, as a
Committee, that, number one, the corner lot owner should be afforded some
additional space for their backyards because, typically, the size of the corner lots
are not significantly larger than the size of the interior lots, and therefor, using a
20-foot setback from the front of the house and also from the side of the house,
or for the side of the house severely limits the amount of backyard that the corner
lots have and the amount of private backyard that they have. So from that
standpoint, the Fence Variance Committee feels that most generally these
requests are appropriate to the extent that we have been allowing as the
committee, a ten-foot variance. That is ten foot from the back of sidewalk. Most
all subdivisions, the property lines for these lots are not the back of sidewalk, but
they are a foot-and-a-half from the back of sidewalks, so the variance, in effect, is
allowing them 8 Y. feet from the property line or an 11 Y. foot variance from the
20-foot setback from the property line, Even though the property owner is
required to take care of ground up to the back of sidewalk, technically that's an 8
y. foot setback. We've done this for two reasons, One is that we felt that a
security issue is at hand for the people that are using the sidewalks and not
having to walk right up against a six-foot tall fence. Now, when I say up against,
it's not tied against the back sidewalk, but it is quite close at the requested
location, A six-foot fence at that location is quite imposing to pedestrians on
sidewalks. Secondly, it does not present itself well as far as vehicular vision is
concerned. Secondarily, we feel that construction of a fence along side the back
of sidewalk will create a tunnel effect for the streetscape in the subdivision.
Although this is an isolated case as regards the property owners to the north of it
and to the east of it, there wouldn't - if this was allowed to be constructed at the
back or near the back of sidewalk, there wouldn't be anything that would prevent
other property owners making the same request. We don't feel that from an
aesthetic standpoint it's appropriate. I know the property owner has some
special concerns here with the improvements they want to make in their
backyard and the privacy that they desire, but that is the feeling of the Fence
Committee, and we've been holding pretty tight to that ten-foot minimum
encroachment. I guess that's pretty much the basis for our decisions. I know the
property owner's here this evening, and I'm sure that they would like to address
Meridian City Council M.9
November 16,1999
Page 63
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Council, too, and Mayor. Thank you. If you have any questions, I'd be glad to
answer them.
Corrie: Mr. Rountree.
Rountree: Gary, are there any design review committees in this area that would
be involved or subdivision property owners association that would be involved in
this? That's come into play many times in the past.
Smith: Yes. Typically, the Homeowners Association has what they call an
Architectural Review Committee that theoretically can react to a violation or a
proposal to do something other than what's allowed by the covenants. As a city,
we don't have any jurisdiction in those CC & R's, but the Homeowners
Association does. We suggest, as a Fence Committee, that a homeowner
making this application also approach the Homeowners Association and get their
approval. I don't know. I can't recall if that was done in this particular case or
not. We did, on this particular subdivision, and there is a situation at the
entrance of the subdivision off of Pine Street where the subdivision boundary
fence, we allowed that boundary fence to return from the subdivision boundary
into the subdivision probably two feet off the sidewalk. That was a situation
where the boundary fence was coming to an end. and entering the subdivision.
Of course, these folks picked up on that, and that's part of the reasoning for their
request. We've had that happen in other subdivisions also on the entrance roads
from a collector or a main road into the subdivision.
Rountree: Thanks, Gary,
Corrie: The applicant.
Nolan: Hi. My name's Charlotte Nolan. I did come here tonight because when I
went to the Fence Committee, they said that they have basically developed an
arbitrary ten-foot line, and when I made my request for this, I didn't know that
there was this unwritten arbitrary ten-foot that they would do. So, as you can
see, my pool, where I want to put the pool in, which is partly why we bought the
corner lot, was that there's enough room to put that considering where they put
our slab for our back patio because we have a very large pool. So to put it at ten
foot would only put it only two feet from having a pool, and, I don't know. Myself
having had a pool, if you put the fence too close, then everybody who walks by
gets some big kick about throwing stuff in the pool. So, I went through the
neighborhood before I set up this fence variance request to see what the City
themselves had done, you know, as far as it went. I figured probably the two
major things that would be considered would be safety in where you put your
fence and whether or not your neighbors, you know, had - I did check with my
next-door neighbor who is also President of our community group there, and he
said as long as I got an okay from ya'all and the neighbors didn't care, then it
was no problem with our neighborhood setups, When I went to put the fence in, I
Meridian City Council MAg
November 16,1999
Page 64
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really wanted it probably about 20 feet closer because I wanted it to close in the
room - the window that goes to our bathroom because we've had people, you
know, come up off the street and knock on it and all kinds of stuff like that;
however, and having one, you know, I took pictures. Unfortunately, I don't have
all these things to show you all so easily like at night. But I did go take pictures
of where it came into the neighborhood and stopped and the vision that they
allowed there where people come in and out all the time is greatly decreased
compared to what I put in, because what I did was walk to the back of my house
and gave as much vision as I could figuring I was taking in the safety feature for
being on the corner and put the end of my fence to where the house actually
started occluding your vision going around the corner versus my fence doing
that. So, it moved my fence back as far as that went, and then I went out and
decided it had to be safety because we have a lot of bicycles and rollerbladers
and so I put two bicycles side-by-side on there, and putting two feet off, you
know, was plenty of room for two bicycles to go along the edge of the concrete
and pass each other. So I figured as far as the fence went, that was safe, too.
Then, the next thing was, cars for vision, and myself for the pool, because thàt
would give me 12 feet, so it's kind of hard to chuck things 12 feet versus just two
feet over a fence into a pool. Then the next thing that I looked at from they came
in, the inside of the vision, of our subdivision, was that their fence is like really
long, so you have to come way into the subdivision way before you can see
around the corner right there because that first fence is so long that it blocks your
vision whereas you can get around my corner without it doing that, so I felt that it
was a safer situation than what they approved at the entrance for the length of it.
They had a concern about it being an alleyway because of it not being ten foot on
either side. The people on the other side of me, you know, their house faces my
house. There's no way for them to put a six-foot fence up and my six-foot fence
up. So I understand the concern about the alleyway, but in my situation, there's
not going - it can't be an alleyway because they can't possibly put a six-foot
fence up over there, Then the next thing I went to was the neighbors, and out of
seven or eight neighbors that are in direct view or direct situation of that, I went
and asked them if they minded I put a six-foot fence up there when my neighbor
behind me is set back from me, and not one - I got five out of seven that I could
talk to. One of them's a rent house. I didn't talk to them. But none of them
cared, so I figured, okay, I've got the approval of the neighbors, I've got the setup
like they have on the entrance way thatthey considered safe. Difference on the
entrance way, though, is that they said about the six-foot fence being tall and
kind of being a problem, but directly across from the back of my fence is a
streetlight that shines on the back of it. Directly right in front of my ho.use is a
streetlight that shines on the front of it. Now, on the entryway where the kids
come in and out every single morning, because I leave every morning around
6:30 when they're going out to catch the bus, the closest light to that whole thing
is around the corner and down two houses. That entire entryway is dark. The
entire thing is black, There's no way to even see people as you're coming in and
out unless you have lights on on your car. So, I came to ask for the twenty feet
that I have which is two feet off of the thing because everything that the Fence
Meridian City Council Mag
November 16, 1999
Page 65
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Committee told me was a consideration other than the arbitrary ten feet that
they've decided upon, I feel that I fall within it. I feel that I've given consideration
to every single thing that they've asked for. If it did form an alleyway, then I
would understand what they're talking about, but this situation, it won't form an
alleyway because people across the street can't put a fence across the front for
the length in that, so that's why I came to ask instead - they told me that they
could not go over ten feet because that's their agreement, and if I had to ask for
twenty feet, then I had to come ask ya'all. So that's what I'm asking for.
Corrie: Is the pool in?
Nolan: No, it isn't. It's excavated for it. I've had it dug out and leveled.
Corrie: Okay, Any other questions?
Bentley: Is it an in-ground or above-ground?
Nolan: It's an above-ground, But I actually have it down about 18 inches.
Corrie: Mr. Rountree,
Rountree: I guess I didn't hear. I'm assuming that you're requesting a solid,
privacy fence as opposed to -
Nolan: Chain link.
Rountree: -- chain link or -
Nolan: No. I didn't ask for chain link,
Rountree: -- wrought iron,
Nolan: No. Well, nobody in our neighborhood has had chain link. I looked over
our whole neighborhood.
Rountree: I'm just asking, not suggesting.
Nolan: Any other questions? No?
Corrie: Any other questions? Okay. Thank you.
Anderson: Mr. Mayor.
Corrie: Mr. Anderson.
Meridian City Council M.89
November 16,1999
Page 66
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Anderson: I guess I'll start this off, because I live on a corner lot just like this,
and about three years ago I dealt with the exact same dilemma building my fence
and came to the conclusion after talking with the neighbors back behind me as
she would have neighbors there, that just kind of obtrusive to them to have a
fence running clear out to the sidewalk, and it doesn't give real good aesthetic
appearance to the front of their house. We don't always know that these same
neighbors are going to live in these houses or she won't get tired of the
swimming pool and fill that in and back a camper in there because of all your CC
& R's state that the camper or RVs have got to be behind a fence. I guess I
would not be in favor of granting the variance clear up to two foot behind the
sidewalk. I would stick more with our Fence Committee's version of the ten foot.
Something that I would lean more favorable to and go that direction.
Corrie: Any other comments? Mr. Rountree.
Rountree: I guess the question we have is, one, do we even allow a variance?
Is there sufficient hardship and that sort of thing present? That's the questioñ
before us. To address the question, the City's established the Fence Committee.
The Fence Committee goes back a number of years and having been on the
charter membership of that group some years ago, can understand the difficulty
of dealing with the individual cases. I understand through a process of several
mistakes how they ultimately arrive with the approximately 10, 8 Y:z feet off the
back sidewalk as a reasonable compromise to accommodate both desires of the
property owner to utilize their property the best they can and also to minimize the
safety issues as it relates to the rest of the populous that are going to (inaudible)
the streets and sidewalks as well as the aesthetic aspect. I could go either way
on this except the Fence Committee's recommendation will disallow a variance
altogether, but I cannot accept the idea of the fence that close to the backside as
being requested.
Corrie: Thank you. Any other comments? Okay, Hearing none, I'll entertain a
motion on the request for appeal of the Fence Variance Committee's decision.
Rountree: Mr. Mayor.
Corrie: Mr. Rountree.
Rountree: I would move that we deny the appeal and affirm the recommendation
of the Fence Variance Committee.
Anderson: Second that.
Corrie: Okay. Motion is made to deny the appeal and approve the Fence
Committee's decision of denial. Any further discussion? Mr. Bentley.
Bentley: Should we instruct the attorney to prepare the order?
Meridian City Council Me8g
November 16,1999
Page 67
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Rountree: I would add that to my motion to have the attorney prepare an order.
Bentley: Thank you.
Corrie: All right. All those in favor of the motion say aye.
MOTION CARRIED: ALL AYES
ITEM 33.
REQUEST FOR: CONDITIONAL USE PERMIT FOR RETAIL
FIBER ARTS SUPPLY STORE BY JENNIFER OAK - 55 E.
STATE AVENUE, OLD TOWN:
Corrie: Request, Item 33, request for conditional use permit for retail fiber arts
supply store by Jennifer Oak, 55 E. State Avenue, Old Town. Is Jennifer here
tonight? Is there a reason why? Table it then?
Berg: It's not a public hearing, but I don't know why she isn't-
Corrie: We need to - we can, I guess we can - she's not here to the request.
Bird: Then we need to table it. I haven't got anything,
(inaudible discussion amongst Council members)
Corrie: Okay. We have a recommendation for conditional use permit from the
Planning and Zoning.
Rountree: Let's just table it. What's the next one?
Corrie: That was denial of the recommendation. Planning and Zoning does
hereby recommend that (inaudible) grant a conditional use permit. So we can
either table it or follow the Planning and Zoning's recommendation.
Rountree: Considering I haven't read them, Mr, Mayor, I move we table Items
33 and 34 until our next meeting.
Corrie: Motion on the floor to table Item 33 and 34. Do I hear a second?
Rountree: Mr. Mayor.
Corrie: Is someone here for 34? Oh. Okay. Then Item 33 for table. Any
second on that one? Okay. It does reflect a second, Mr. Rountree.
Rountree: Mr. Mayor, I'd ask a question of Shari if there's any issues on the
prepared Findings of Facts, the draft that we have, on Item 33.
GEILE T A & B J TRUST
GEILE T A & B J TRUSTEES
2150 WPINE AVE
MERIDIAN ID 83642-5434
E PINE AVE
STROH MARTY J &
STROH DANEEN M
2510 W WAVE CT
MERIDIAN ID 83642
FARRIS MICHAEL A &
FARRIS SAMANDRA
2488 W WAVE CT
MERIDIAN ID 83642
HAYLETT MIKE T &
HA YLETT SACHIE
2468WWAVECT
MERIDIAN ID 83642
FUTRELL RONALD D &
FUTRELL JENNEAL
1106 N MAURA AVE
MERIDIAN ID 83642
KALISEK TENA L
1084 N MAURA AVE
MERIDIAN ID 83642
MAUGHAN ROBERTA R
2533 W WAVE CT
MERIDIAN ID 83642-4378
RYAN JEFFREY J &
RYAN TRACY L
2509 W WAVE CRT
MERIDIAN ID 83642
BELL SANDRA A
2485 W WAVE PL
MERIDIAN ID 83642
KVALE TROYC
2467W WAVE CT
MERIDIAN ID 83642
.
.
ROBERT W. SMITH - 2466 W. CARLTON ST.
FENCE VARIANCE
CAMPBELL MICHAEL S &
CAMPBELL JENNIFER L
2484 WCARLTON
MERIDIAN ID 83642-4375
1062 N MAURA AVE
GAINES MONTE K &
GAINES JEANNE M
2534 W CARLTON ST
MERIDIAN ID 83642
PEARSON RONALD H &
PEARSON SHIRLEY J
2512 W CARLTON ST
MERIDIAN ID 83642
~!"!!!~ ~Ì)~
~I:!E\IE~YV.
. 2466WCARLTONST
MERIDIAN ID 83642
BLASER GLENN F &
BLASER RUTH C
PO BOX 3023
BOISE ID 83703
1040 N MAURA AVE
2537 W CARLTON ST
2484 W CARLTON ST
ALBERS BILL F &
ALBERS DOROTHY A
2421 W CARLTON ST
MERIDIAN ID 83642
TIMM N SEAN &
TIMM DONAL YN I
2443 W CARLTON ST
MERIDIAN ID 83642
HAFER RUSSELL E & SANDRA E
2471 WCARLTONST
MERIDIAN ID 83642
KELLEY JAMISON W &
KELLEY SHANNAN R
2493 W CARLTON ST
MERIDIAN ID 83642
BLASER GLENN F &
ASH BONNIE
BLASER RUTH C
2430 W STATE ST
MERIDIAN ID 83642
.
.
CHILDERS CHARLES B
2446 W STATE ST
MERIDIAN ID 83642
TREES ROY E &
TREES CHRISTY
2474 WSTATE ST
MERIDIAN ID 83642
SCOTT TATJANA R
2492 W STATE ST
MERIDIAN ID 83642
.
.
CITY OF MERIDIAN
FENCE COMMITTEE MEETING
NOVEMBER 3, 1999
AGENDA
FENCE COMMITTEE MEMBERS:
Mr. Gary Smith, P.E., City Engineer
Mr. Keith Bird, City Council Member
Mr. Bill Gordon, Chief of Police
Mr. Keith Borup, Planning and Zoning Chairman
ITEMS FOR REVIEW
4:30 ROBERT W. SMITH/CHARLOTTE NOLAN -
2466 W. CARL TON STREET - SUBDIVISION HAVEN COVE #5
REQUESTING LESS THAN 20FT FROM SIDE TO ALLOW FOR A
SWIMMING POOL.
.
.
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
November 3, 1999, for the purpose of reviewing and considering the application
of Robert W. Smith and Charlotte Nolan for a variance from the Meridian Fence
Ordinance at the property legally described as follows lot 19, Block 11 , Haven
Cove No.5 Subdivision and known by the address of 2466 W, Carlton, Meridian,
Idaho, The Applicant proposes to reduce the required setback less than 20 feet
from side.
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 15thh day of October, 1999.
A~ß~ a
WilLIAM G, BERG, JR., CIW CLERK
ROBERT D. CORRIE
Mayor
C~y OF MERID IA'
tJAll hM ,..
PUBLIC WORKS / BUILDING DEPARTMENT
COUNCIL MEMBERS
CHARLES M. ROUNTREE
GLENN R. BENTLEY
RON ANDERSON
KEITH BIRD
GARY D. SMITH, P.E.
Public Works Director
November 4, 1999
RECEIVED
NOV - 4 1999
CITY OF MERIDIAN
Charlotte Nolan
2466 W. Carlton Street
Meridian, Idaho 83642
RE: FENCE VARIANCE REQUEST - 2466 W. Carlton Street
Dear Charlotte:
The Fence Variance Committee of the City of Meridian met at 4:30 P.M., November 3, 1999 in City
Hall, to consider your request for a fence setback variance,
After due consideration, the Committee decided to allow a variance request for you to construct a six
(6) foot tall wooden fence in your side street setback area, This fence location is as shown on the
attached sketch and is subject to the following conditions:
1. The face of the fence shall be set a minimum of 10 feet from the yard-side edge of sidewalk
along N. Maura Avenue.
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
subdivision'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 342-1585 for location of underground utilities prior
to excavation for your fence posts.
6. Please obtain a building permit for your fence from the City of Meridian Building Department
prior to beginning construction. Please call for an inspection after the fence construction is
completed.
We understand, from this meeting, that you do not agree with this variance decision by this
Committee and as such we have advised you that you can appeal our decision to the City Council. If
this is your desire, please send a letter to Mayor Corrie asking to be placed on the next available City
Council agenda for the reason of appealing this decision of the Fence Variance Committee. We
suggest that you include in your letter to Mayor Corrie, the reasons for your appeal of the
Committee's decision. As we discussed with you, the Committee's decision to only allow the 10-foot
encroachment into the side street setback is based on aesthetics in the subdivision and safety of the
vehicular and pedestrian traffic. We feel that a six foot tall fence built adjacent to the edge of the
sidewalk will create an alley or tunnel effect with the street and will in turn cause a safety issue for
both vehicles and pedestrians.
200 East Carlton, Suite 100 . Meridian, Idaho 83642
Phone (208) 887-2211 . Fax (208) 887-1297
.
.
Thank you for complying with the City ordinance in requesting this variance and if you have any
questions please give me a call.
Sincerely,
ß~~
Gary D. Smith, PE
Chairman, Fence Committee
Cc: Mayor, File, Bldg.lnspector, City Clerk
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CITY OF MERIDIAN
33 E. IDAHO MERIDIAN, ID 83642
FENCE ~CE APPLICATION
(BE: Meridian zoning Ordinance)
APPLICANT NAME:\ (; - . PHONE9:Q ~qd-cr~
ADDRESS:~4 0 l~R) ((1~"QbU-
""""" .- , "",.", "If different - --) ~ A ~ ~ì ~~
pROOF OF OWNERSHIP: (COpy OF DEED OR OPTION MUST BE ATrACHED)
LEGAL DESCRIPTION OF PBDPERl'Y: LOl'if ¡ q BLK if I!
SUBDIVISION Haven (Jov¿ ¡:Is
pRESENT USE & ZONING OF PBDPERl'Yjh. ~ 0
~IC DRAWING: ATrACH DRAWING sHaVING BUILDINGS, s'l'REIITS & PBDPOSED FENCE:
SUBROUNDING PBDPERl'Y cmNEBS: LIST OF TEE Ml\ILING ADDRESSES OF ALL PBDPERl'Y
~ (FROM J\.UTHENTIC TAX RECOBDS OF ADA coUNTY) WITHIN 'IWJ HUNDBED (200)
:FEF:r OF THE E,Xl'ERN1\L OOUNDRIES OF TEE L/'IND BEING CONSIDERED:
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. 50!£
ATrACH APPLICATION FEE OF $
A'ITACH STATEMENT THAT FENCE IS þ,LI..CWED UNDER THE RESTRIcrIVE CCJVENANTS OF THE
SUBDIVISION OR A copy OF THE BESTRIcrIVE CQilENANTS PERl'AINING 10 FENCES:
APPLICANTS SIGNATURE (lQ\ø k ~ ~ ~
CCMMITrEE HEARING DATE
DATE RECEIVED
RECEIVED BY
11/3/ l'
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