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Stanek, Joseph GARY D. SMITH, P.E. Public Works Director . CITY OF MERIDIA~ PUBLIC WORKS / BUILDING DEPARTMENT MAYOR ROBERT D. CORRIE BRAD R. WATSON, P.E. City Engineer May 23, 2001 RECEIVED MAY 24 2001 COUNCIL MEMBERS RON ANDERSON KEITH BIRD TAMMY DE WEERD CHERIE McCANDLESS Mr. Joseph Stanek 2838 West Foxtrotter Drive Meridian, Idaho 83642 RE: FENCE VARIANCE REQUEST - 2838 West Foxtrotter Drive. CITY OF MERIDIAN Dear Mr. Staneck: The Fence Variance Committee of the City of Meridian, met in your presence at 4:30 P.M., May 23, 2001 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. No opposition to this variance request was received from adjacent property owners, who were notified in accordance with City Ordinance requirements of the variance request. This fence location is as shown on the attached sketch and approval 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. Morello 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 therefore recommend that you obtain approval from your Homeowner's Association for this fence location. 5. We also 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. Thank you for complying with the City Ordinance in requesting this variance and if you have any questions please don't hesitate to give me a call. ~.~ Gary D. Smith, PE Fence Variance Committee Cc: File, Bldg.lnspector, City Clerk 660 E. Watertower Ln., Suite 200 Meridian, Idaho 83642 Public Works (208) 898-5500 Building (208) 887-2211 Fax (208) 887-1297 CD lr-J- j:J @ I , ',- , , 'I(: ... \ --- z . en p g :c ~ ~ ~ 0 p 0 q ~ , (. ~ " C 0 rt1 ~ ( tGJJ.O~: .; @) .~; : ,..8. 0, /, g ) ! " , ." ",:: \, [, " - ~ '.Q" - N <ó \ 6 . ..... 4.. . . NOTICE OF HEARING NOTICE IS HEREBY GIVEN, pursuant t9 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 P,M" on May 23, 2001, for the purpose of reviewing and considering the application of Joseph A. Stanek for a variance from the Meridian Fence Ordinance at the property legally described as follows: Lot 31, Block 3 of Tuthill Estates and known by the address of 2838 West Foxtrotter Drive. The applicant proposes a reduction of the required distance from 20 feet to 10 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 1st of May, 2001 Ii c II:: w : 0 II:: I- )(Q. 0<1: u.::E s:~ GO- C")~ GOO N- .> :.:: w z ¡! U) W 0 ~ . j - II) II) u.. 0 0 10 ... 0 0 N ... 0 0 cø ¡¡ ~ ~[~ ~ frFj71:n RJ ~ 0 Lynn and Jennifer Gardner 2687 North Old Stone Way Meridian, ID 83642-3841 Charles and Karla Reel 2668 North Morello Avenue Meridian, ID 83642-4136 David and Barbara Sites 1704 Regal Boise, ID 83704 Sarah Everingham and Michael Larocco 2633 North Old Stone Way Meridian, ID 83642 Candice K, Brown 2910 West Foxtrotter Drive Meridian, ID 83642 Martin A. Fitzpatrick 2617 North Old Stone Way Meridian, ID 83642-3841 Michael and Nancy Lee Bomer 3709 West Floating Feather Road Eagle, ID 83616-3413 Saddleview HOA, Inc, 3028 West Foxtrotter Drive Meridian, ID83642 Mark and Deborah Blankenship 2542 North Morello Avenue Meridian, ID 8~642 . Jonathan and Che¡yl Frazier-Hennlngs 2696 North Morello Street Meridian, 10 83642 Fieldstone Meadows HOA, Inc. PO Box 1960 Boise, ID 83701 Kimberly and Jason Cutler 2905 West Elk Stream Street Meridian, ID 83642 John D, Bohn 2820 West Foxtrotter Drive Meridian, ID 83642 Mike and Sara Hessing 2892 West Foxtrotter Drive Meridian, ID 83642 Laura Ann Landen 2599 North Old Stone Way Meridian, ID 83642 Gregory and Linda Deharo 2565 North Morello Avenue Meridian, 10 83642 Jonathan and Laurel Hill 2563 Man War Avenue Meridian, ID 83642 Glen R. Leach 2541 North Man War Avenue Meridian, ID 83642 ~ L;)iló\ ~ . John and Nuntawan Ressler 2886 West Elk Stream Street Meridian, 10 83642 Brian and Andrea Edgerton 2661 North Old Stone Way Meridian, ID 83642-3841 Jonathan and Jenni Frame 2643 North Morello Avenue Boise, ID 83642-4136 Parkwood Meadows HOA PO Box 783 Meridian, ID 83660-0783 Joseph and Janice Stanek 2838 West Foxtrotter Drive Meridian, ID 83642 Nampa and Meridian Irrigation District 15030101 South Street Nampa, 10 83651 Bryan and Ann Mogel 2564 North Morello Avenue Meridian, ID 83642 Keith and Judith Borup 2090 Freedom Lane Meridian, ID 83642-5526 ., {\ 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.m 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 FENCE VARIANCE APPLICATION (RE: Meridian Zoning Ordinance) APPLICANT NAME: ::¡;~Á A. S-l-aVlt>l ADDRESS: ¿¡8M w, /ix/mlle, "Dr. PHONE: ¿J~-/,p3ò OWNERS NAME & ADDRESS: (If different than above) PROOF OF OWNERSHIP: (COpy OF DEED OR OPTION MUST BE ATTACHED) LEGAL DESCRIPTION OF PROPERTY: LOT# .3/ BLOCK# 3 SUBDIVISION: Tvflll é~ /6 PRESENT USE & ZONING OF PROPERTY: Kes;cA...I,ç / SCHEMATIC DRAWING: ATTACH DRAWING SHOWING BUILDINGS, STREETS & PROPOSED FENCE. SURROUNDING PROPERTY OWNERS: LIST OF THE MAILING ADDRESSES OF ALL PROPERTY OWNERS (OBTAIN LIST FROM MERIDIAN PLANNING & ZONING DEPARTMENT) WITIllN TWO HUNDRED (200) FEET OF THE EXTERNAL BOUNDRIES OF THE LAND BEING CONSIDERED. DESCRIPTION OF REQUIREMENTS OF THE ORDINANCE TIIAT NEED Jf BE REDUCED TO PERMIT THE PROPOSED FENCE: ::r "'<laId /;/(, ~ /I1.o"e. NIl nC., f'id>l.-y- .j¡ ,¿ ;o<¡,ï:i1lAl1! ¡};, A4.,..,,/hJ All" sQtbo.or,rfl>iyl'Wlt\-nIOr'+ . ATTACHAPPLICATIONFEEOF$ 50.~ . ATTACH STATEMENT TIIAT FENCE IS ALLOWED UNDER THE RESTRICTIVE COVENANTS ~~SUBDMm:~~::Ys::~: ~CO;¡;T AmmG TO DATE RECEIVED: ~COMMI E HEARING DATE: ~ 4 ~olf RECEIVED BY: ...:.'k).(ì 1'Y\à~N" . . If an owner or applicant desires to obtain a variance &om the provisions of this section, í 1-9-605 J, FENCES, it shall not be treated as a variance pursuant to the provisions of I 1-2-419 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 ftom this fence ordinance, which shall be as follows: 10. a, The owner or applicant shall file an application for a fence variance with the City Clerk, which application shall state the following: 2, b, c, d. e. I. Address of subject property; Name, address and phone number of applicant; 3, Name, address and phone number of owners ofthe 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; 9. List of the mailing addresses of all property owners (&om 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; II. 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. 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 findings of fact shall be required but a written decision shall be written to the applicant and to any party requesting written notification ofthe 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., I. /c / // . . material or Articles shall be kept, stored or allowed to accumulate on any portion of the Properties except within an enclosed structure or appropriately screened ITom view as approved, in writing, by the Committee. "Screened" is defined as being concealed or made non-visible ITom eye level, at grade, at all points within the Properties, 6.20 6.21 6.22 6.23 6.24 6.25 Light. Sound - General. No light shall be emitted ITom any Lot which is unreasonably bright or causes unreasonable glare, No sound shall be emitted ITom any Lot which is unreasonably loud or annoying, and no odors shall be emitted ITom any Lot which are noxious of offensive to others. Construction. During the course of actual construction of any permanent Improvements, the restrictions shall be deemed waived to the extent necessary to permit the construction, provided that during the course of such construction nothing shall be done which will result in a violation of these restrictions upon completion of construction and all construction shall be diligently prosecuted to completion, continuously and without delays. Reconstruction. In any case where it is necessary to reconstruct a Unit, the reconstruction shall be prosecuted diligently, continuously and without delays ITom time of commencing thereof until the structure is fully completed and painted, unless prevented by causes beyond control and only for such time as any such cause continues. Fences. All fences shall be of vertical cedar design and construction. NO chain-link fences, grape stake fences or fences of basket weave design shall be allowed. Side fences on comer Lots may extend only form the rear Lot line to rear line of he Unit. NO fence shall exceed six (6)feet in height (6'), All fences shall meet requirements of he City and Ada County. Plat Conditions. All Covenants, Conditions and Restrictions and other matters set forth on all recorded Plats, including the Properties, are incorporated by this reference and notice is given as to all contentions of the recorded Plats. Front and Side Yards. The ITont yard of each Lot and the side yard of any Lot which is adjacent to a street must be planted with sod within twenty-one (21) days following substantial completion or occupancy of a Unit, whichever shall first occur, or as soon thereafter as the weather permits. All remaining portions of the yard area of each Lot must be planted with sod, seeded and/or landscaped, within six (6) months following occupancy of the Unit. The failure of the Owner to timely comply with this section shall constitute a failure to perform exterior 20 TIns FORM fURNlSH"D COURT !SY Of, ALLIANCE TITLE & ESCROW CORP. SPAƒ ABOVE TIns LINE POR RECORDING DATA Order No., 98074843 SRC/PB lOBO WARRANTY DEED FOR VALUE RECEIVED HUSBAND AND WIFE PATRICK O. MCMONIGLE AND CHEROL M. MCMONIGLE, GRANTOR(S), does(do) hereby GRANT, BARGAIN, SELL and CONVEY unto JOSEPH A, STANEK AND JANICE L, STANEK, HUSBAND AND WIFE GRANTEE(S), whose current addre... is: the following described real property in described as follows, to wit Lot 31 in Block 3 of TUTHILL ESTATES NO.2, according to the Official Plat thereof, filed in Book 69 of Plats at Pagels) 7072 - 7073, records of Ada County, Idaho, 2838 W. FOXTROTTER DRIVE, MERIDIAN, IDAHO 836 ADA County, State of tdaho, more particularly TO HAVE AND TO HOLD the said premises, with their appurrenances unto the said Grantee(s), aud Granree(s) heirs and assigns forever. And IIle said Grantor(s) does(do) hereby covenant to and with the said Granree(s), that Grantor(s) is/are the owner(s) in fee simple of said premises; that said premises are free from all encumbrances, EXCEPT those to which this conveyance is expre.,sly made suhject and those made, suffered or done by the Grantee(s); and subject to reservations, restrictions, dedications, easemenL" right, of way and agreemenl', (if any) of record, and general taKe, and a,sessmenl<, (including irrigation and utility asses,menl<, if any) fur the current year, which are not yet due and payable, and that Grantor(,), will warrrant and defend the same from all lawful claims whal8oever. Dated: June 10, 1998 ',' PATRICK 0, MCMONIGLE CllEROL L, MCMONIGLE STATEOF IDAHO COUNTY OF ADA On this 10th day of June, in the year of 1998 ,before me, the undersigned, a Notary Public in and for said State, personally appeared PATRICK 0, MCMONIGLE and CHEROL L. MCMONIGLE known or identified to me 10 be the person(s) whose name(s) is/are subscribed to the within inslrument, and acknowledged to me that he/she/they executed the same. Signature: Name: PAMELA J. BIGELOW ","M- Residing at BOISE, ID . . JOE ST ANIEK - 2838 W. FOXTROTTER DRIVE PROPERTY OWNERS WITHlN 200' GARDNER LYNN & GARDNER JENNIFER 2687 N OLD STONE WAY MERIDIAN ID 83642-3841 FRAME JONATHAN DAVID & FRAME JENNI L 2643 N MORELLO AVE BOISE ID 83642-4136 HENNINGS JONATHAN FRAZIER-HENNINGS CHERYL 2696 N MORELLO ST MERIDIAN ID 83642-0000 EVERINGHAM SARAH A LAROCCO MICHAEL L 2633 N OLD STONE WAY MERIDIAN ID 83642-0000 RESSLER JOHN T & RESSLER NUNTAWAN 2886 W ELK STREAM ST MERIDIAN ID 83642-4135 BOHN JOHN D 2820 W FOXTROTTER DR MERIDIAN ID 83642-0000 REEL CHARLES W & REEL KARLA J 2668 N MORELLO AVE MERIDIAN ID 83642-4136 PARKWOOD MEADOWS HOA PO BOX 783 MERIDIAN ID 83680-0783 N MORELLO AVE FIELDSTONE MEADOWS HOA INC PO BOX 1960 BOISE ID 83701-0000 N OLD STONE WAY BROWN CANDICE K 2910 W FOXTROTTER DR MERIDIAN ID 83642-0000 EDGERTON BRIAN L & EDGERTON ANDREA J 2661 N OLD STONE WAY MERIDIAN ID 83642-3841 HESSING MIKE & HESSING SARA 2892 W FOXTROTTER DR MERIDIAN ID83642-OOOO SITES DAVID M & SITES BARBARA M 1704 REGAL BOISE ID 83704-0000 2650 N MORELLO ST STANEK JOSEPH & STANEK JANICE L 2838 W FOXTROTTER DR MERIDIAN ID 83642-0000 FITZPATRICK MARTIN A 2617 N OLD STONE WAY ME;RIDIAN ID 83642-3841 CUTLER KIMBERLY M CUTLER JASON W 2905 W ELK STREAM ST MERIDIAN ID 83642-0000 LANDEN LAURA ANN 2599 N OLD STONE WAY MERIDIAN ID 83642-0000 . . NAMPA & MERIDIAN IRRIGATION DISTRICT 1503 01ST SOUTH ST NAMPA ID 83651-0000 W FOXTROTTER DR LEACH Gl..EN R 2541 N MAN WAR AVE MERIDIAN ID 83642-0000 BOMER MICHAEL T & BOMER NANCY LEE 3709 W FLOATING FEATHER RD EAGLE ID 83616-3413 2568 N CLYDESDALE AVE DEHARO GREGORY D & DEHARO l.INDA S 2565 N MORELLO AVE MERIDIAN ID 83642-0000 MOGEL BRY AN R & MOGEl. ANN C 2564 N MOREl.LO AVE MERIDIAN Ib 83642-0000 . SADDLEVIEW HOA INC 3028 W FOXTROTTER DR MERIDIAN ID 83642-0000 2536 N MAN 0' WAR AVE HILL JONATHAN R & HILL LAUREL W 2563 MAN WAR AVE MERIDIAN ID 83642-0000 BORUP KEITH S & BORUP JUDITH A 2090 FREEDOM LN MERIDIAN ID 83642-5526 2543 N MOREL.LO AVE BLANKENSHIP MARK G & BLANKENSHIP DEBORAH S 2542 N MORELLO AV MERIDIAN ID 83642-0000 [-BIB