Sevieri, Matt
...
MAYOR
Tammy de Weerd
CITY COUNCIL MEMBERS
William L. M. Nary
Keith Bird
Otarles M. Rountree
Shaun Wardle
CITY DEPARTMENTS
Fire
540 E. Franklin Road
888-1234/fax 895-0390
Parks & Recreation
11 E. Bower Street
888-35791 fax 898-5501
Planning & Zoning
660 E. Watertower Lane
Suite 202
884-5533/fax 888-6854
Police
1401 E. Watertower Lane
888-66781 fax 846-7366
Public Works
660 E. Watertower Lane
Suite 200
898-55001 fax 898-9551
- Building
660 E. Watertower Lane
Suite 150
887-2211/fax 887-1297
- Sewer (WWTP)
3401 N. Ten Mile Road
888-2191/fax 884-0744
- Water
2235 N. W. 8th Street
888-52421 fax 884-1159
February 14, 2005
Mr. Matt Sevieri
538 E. Red Rock Drive
Meridian, ill 83642
Re: Fence Waiver Application
Dear Mr. Sevieri:
This letter is in response to your fence waiver application for the property
located at 538 E. Red Rock Drive, Meridian. In your application you asked to
be allowed to reduce the setback ITom 20-feet to IO-feet ITom the street side
property line along Diamond Creek Avenue.
Objections were received ITom surrounding property owners whom were
notified of your request for a fence waiver, in accord with the City's Zoning
and Development Ordinances. A hearing was held by the Planning Director
on February 11, 2005. After consideration of the objections filed and
testimony received at the hearing, it was determined that a waiver would be
allowed for the fence to be placed lO-feet ITom the property line along
Diamond Creek Avenue.
This approval is subject to the conditions noted below. Section II-I-II of the
Meridian City Code allows any aggrieved person to appeal this decision. All
appeals shall be filed with the Planning and Zoning Department within fifteen
(15) days after the date of this letter.
1. The face of the fence shall be set a minimum of IO-feet ITom the
property line along Diamond Creek Avenue.
2. The fence shall be erected so that access is available to the water, gas,
and electric meters on site.
3. You must landscape and maintain the ground area between the fence
and sidewalk.
4. The board side of the fence shall face out toward the street(s).
MERIDIAN, IDAHO 83642
(208) 888-4433
CITY CLERK-FAX 888.4218
CITY HALL 33 EAST IDAHO AVENUE
HUMAN RESOURCES-FAX 884.8723
FINANCE & UTILITY BILLING-FAX 887.4813
MAYOR'S OFFICE-F" 884.8119
5.
You must obtain a building permit for your fence from the City of Meridian Building
Department prior to construction
6.
You must call for an inspection of the fence once you have completed construction.
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 ITom your homeowner's association
for this fence location. We also recommend that you contact Dig-Line at 342-1585 to locate any
underground utilities prior to digging or excavating for your fence posts.
Feel ITee to call me at 884-5533 if you have any questions or concerns regarding the conditions of
approval in this letter.
~.\
m r y,
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Borchers C~ AICP
Planning Director
City of Meridian Planning and Zoning Department
Cc:
File
Building Department
City Clerk
Valley Times
P,O, Box 1790
Eagle, Idaho 83616
LEGAL ADVERTISING PROOF OF PUBLICATION
RECEIVED
JAN - 7 2005
City of Meridian
City Clerk Office
Account:
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Attention:
Other
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Frank Thomason, being duly sworn, deposes
and says: That he is the Principal Clerk of 5 ~ Y: 2...-
Vall v..Ti . "weekly newspaper published at . , -
. , State of Idaho; that the said
general circulation in the said
and in the vicinity of Meridian,
and has been uninterruptedly
id County during a period of
utive weeks prior to the first
a copy of which is attached
the notice was published in
formity with Section 60-108,
amended, for ~ time(s)
~tire issue of said paper, and
wspaper proper, and not in a
at said notice was published
f. ~n the f~owing ~tes:
~~u..,.,.,............ZlèOCI
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'200"
CITY OF MERIDIAN
NOTICE OF HEARING
NOTICE IS HEREBY GIVEN, pursuant to 12-4-10 of the revised and
compiled Ordinances of the City of Meridian, that the Planning Director of the
City of Meridian will hold a public hearing at the Meridian Planning and Zoning
Department 660 E. Watertower, Suite 202, Meridian, Idaho, at the hour of 3:00
P.M., on February 11, 2005, for the purpose of reviewing and considering the
application of Matt Sevieri for a waiver from the Meridian Fence Ordinance at
the property legally described as follows: Lot 11, Block 4 of Upper Basin
Subdivision and knówn by the address of 538 East Red Rock Drive, The
The public is welco
from twenty (20) feet to
Applicant proposes a redu
ten (10) feet from property I
objections, and comments
d to attend, Testimony,
by the Director,
A written decision of the Director 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 Director to the
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Dec,28. 2004
2; 5 PM
No, 6920
P, 1
660 E, WàterlOwer Lane $uite 202
Meridian, ID 63642
Phone, (206)864-5533
Fax; (206)86~4
CITY OF MERIDIAN
Planning & Zoning
To:
Tara
From: Barbara Shiffer
Fax:
Date:
Phone:
Pages:
(Including cover)
R",
Matt Sevier; (Fence Waiver Objections) cc:
I:] Urgent
X For Review
I:] Please Comment
I:] Please Reply
I:] Please Recycle
.Comments
DEC 28 '04 14: 11
PRGE.01
DeeTs, 2004 2:51PM
No, 6920
P, 2
CITY OF MERIDIAN
NOTICE OF APPLICATION FOR FENCE WAIVER
NOTICE IS HEREBY GIVEN, pursuant to the Ordinances of the City of
Meridian and the laws of the State of Idaho, that Matt Sevieri has filed with the
Zoning Administrator of the City of Meridian an application for a Waiver from the
Fence Ordinance regarding hisJher property located at 538 East Red Rock
Drive, Meridian, Idaho The Applicant proposes a reduction of the required
distance from twenty (20) feet to ten (10) feet from property line along Diamond
Creek Avenue.
Comments, either for or against, said application must be filed with the
Zoning Administrator within fifteen (15) days after the initial publication of this
notice and shall be addressed to Planning and Zoning Department c/o Sonya
Allen, City of Meridian, 660 E Watertower Ln" Suite #202, Meridian, Idaho., If
there are pertinent and compelling objections filed within the time allowed, the
Zoning Administrator may schedule a hearing on the application
The property at 538 East Red Rock Drive is more particularly described as
Lot 11, Block 4 of Upper Basin Subdivision, Meridian, Ada County, Idaho,
Any and all interested persons are welcome and invited to submit
comments
Dated this 2rJt' of December, 2004.
PUBLISH 27th of December, 2004 and 31<1 of January, 2005,
DEC 28 '04 14:11
PAGE,02
Dec,28~ 2004 2:52PM
No,6920
P, 3
December 21. 2004
aty of Meridian
Pl8llJ1ing and Zoning Department
C/o Sonya Allen
660 E Watertower Lane
Suite 202
Meridian.1D 83642
Re: Fence waiver request (see attached document)
Dear Ms. Allen,
One of the compelling reasons my wife and I selected this subdivision was its
commitment to landscaping, common areas, and its ability to provide a sense of open-
space. One need only walk the main entrance to enjoy the trees and distance from homes
the ini1ial plan provides. We understand and appreciated the value of the CC&Rs. We
were advised prior to the build and again at closing of the tenns we accepted. We have
an expectation that others will live up to those same commitments for the good of the
community. My wife and I would not be in favor of approving the attached waiver
request for those very reasons.
Please advise us in the event a hearing on this subject is scheduled.
~
Carl J Henry
571 E Lava Falls St
Meridian, ID
(208) 895-8654
~~.9..ø. "", 'A7
Debra M Henry
DEC 28 '0414:11
PAGE. 03
.
..
lU~ C E IVED
DEC 7 2004
CITY OF MERIDIAN
CITVtl. FRI< or-Fir
CTIY OF MERIDIAN . ,
Planning & Zoning Depart¡nprt
660 E. Watertower Ln" Ste, 202, MericGaß, ill 83642
(208) 884-5533 Phone 1(208) 88'8'.{)854 Fax
FENCE WAIVER APPLICATION
(RE: Meridian Zoning Ordinance 12-4-10 Fences)
APPLICANT: N\,,-'r\ '7-,OJ\-f r',
ADDRESS: <::;"2.,'\1 Co Qu\. Q",~ \:)C'
PHONE:~ .<)I~A""\\\~ FAX: \'-11 A
E-MAIL: r<\~_-:X,.,',-ú', ~y-";.",,,,<>,\ ,0><"\
OWNER(S) OF RECORD (IF DIFFERENT FROM APPLICANT): '(. "he S OJ, -(..< ( w', (,.-...)
ADDRESS: '?o.M-
PHONE: <:..~
FAX: Nì~
E-MAIL: <::,~
PROOF OF OWNERSHIP: (Copy of deed or option must be attached)
NOTARIZED CONSENT OF PROPERTY OWNER (See attached Affidavit ofLegallnterest)
LEGAL DESCRIPTION OF PROPERTY: LOT#..l.LBLOCK#....1:....SUBDMSION: ~c ~,,\.....
PRESENT USE OF SUBJECT PROPERTY: Q.~~ ~u....~
ZONING OF SUBJECT PROPERTY: \L- 4-
DESCRIPTION OF THE MINIMUM REQUIREMENTS OF TIllS TITLE TIIAT NEED TO BE REDUCED TO
PERMITTHEPROPOSEDFENCEWAIVER?"'L ~ö \',-"""'" -\:"~\o........,, ~'t('lu..... \<-^ l \~~
ç.......,<: Ç'<",>"", ~.-.:)f"'A.~ \';'" ~^'\H rI. <of "ú)'.
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 Departinent, 884-5533) within two hundred feet (200') of the external boundaries of
the land being considered.
ATTACH APPLICATION FEE OF: $50,00
ATTACH STATEMENT TIIAT FENCE IS ALLOWED UNDER THE RESTRICTIVE COVENANTS OF THE
SUBDMSION ORA COpy OF THE RESTRICTIVE COVENANTS PERTAINING TO FENCES,
Applicant's Signature: ~-
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4.14 Fences. All Lots shall have an enclosed fenced backyard, however, no fence or wall
of any kind shall be constructed on a Lot unless the plans and specifications therefore, including the
location, design, material and color thereof, have been approved in writing by the ACC prior to the
construction or installation. All fences and/or walls constructed on a Lot shal1 be in compliance with
the applicable ordinance of the City of Meridian, Idaho,
In addition to the requirements of the ACC Design Standards applicable to fences, all fences
and walls shall be subject to the following restrictions:
(a) Fences and walls shall not extend closer to anysidewalkthantwentyfeet(20~
nor project beyond the fTont setback of the Dwelling Unit. No fence higher than six feet (6') shall be
allowed without the prior written approval of the City of Meridian (if required) and the ACC,
(b) All fences and walls shall be constructed and installed and mamtained in good
appearance and condition at the expense of the Owner of the Lot on which they are located and all
damaged fencing and walls shall be repaired or replaced to original design, materials and color
within a reasonable time after said damage occurs,
( c) No fence or wall shall interfere with the use and enjoyment of any easement
reserved in this Declaration or shown on the recorded subdivision plat of the property,
(d) No fence, wall, hedge, high planting, obstruction or barrier shall be allowed
which would unreasonably interfere with the use and enjoyment of neighboring Lots and streets, and
shall not be allowed if, in the opinion of the ACC, the same constitutes an undesirable, noxious or
nuisance effect upon neighboring Lots.
(e) All fences constructed or to be constructed on common Lot lines shall be
constructed and maintained at the equal expense of the Owners of the two Lots on which they are
located; provided, however, any Owner who constructs a fence on the common lot line without
procuring the consent and agreement of the neighboring Lot Owner shall not be entitled to
reimbursement for anyportionofthe cost of construction. An Owner may delay construction of any
common lot line fence 1.Ultil the neighboring Lot Owners have built their residence,
4.15 Landscaping, The following provisions shall govern the landscaping of Lots within
the Subject Property:
(a) The Owner shall prepare a landscape plan and shall submit the same to the
ACC. The installation and/or construction of the landscaping shall not commence without the prior
approval of the ACC of the Owner's Landscape Plan. The use of mounds and sculptures inplanting
areas is encouraged, Landscaping of a Lot shall be in accordance with the approved plan.
(b)
70' wide Jots and wider shall have:
Havasu Creek Subdivision Declaration of Covenants. Conditions and Restrictions' 11
.
.
. One coniferous tree of at least 8 feet in height
. One deciduous tree of at least 2.5 caliper inches
. Ten 5 gallon plants
. Fifteen 3 gallon plants
69' wide lots and narrower shall have:
. One coniferous tree of at least 8 feet in height
or one deciduous tree of at least 2.5 caliper
inches
. Ten5 gallon plants
. Ten 3 gallon plants
(c) The above-referenced required landscaping shall be installed within forty-five
(45) days after substantial completion of the Dwelling Unit on the Lot, with a reasonable extension
allowed for weather.
(d) An underground automatic sprinkler system shall be installed sufficient to
irrigate the entire Lot.
(e) The five foot wide landscape area between sidewalk and curb of each Lot shall
be landscaped by the Lot Owner with trees, sod, and flower beds all as more particularly required by
the ACC Design and Landscape Standards.
4.16 Mailboxes. All mailboxes shall be constructed or installed on any Lot only if in
compliance with the ACC Design Standards.
4.17
Basements. No basements shall be pernritted.
ARTICLES: WATER SYSTEMS
5.1 Domestic Water, Each Lot shall have access to a domestic water system to be owned
and operated by the City of Meridian. The domestic water system will provide water for culinary
and other ordinary domestic household use and is not to be used to water a lawn, pastur¡;Iandscaped
area or other similar areas except for Lots which do not have access to the irrigation system and for
all Lots during those times of year when water is not being supplied by the irrigation system, Water
ftom the domestic water system for irrigation purposes will be subject to rules of the City of
Meridian and, in any event, is subject to availability. Water ITom the domestic water system shall
not be used for any swimming pool or to supply imyexterior decorative pond, or any other similar
use or system without the prior written approval of each such use by the City of Meridian, The
Association may elect to receive water for irrigation of the Common AreaITom the City of Meridian
when water is not being supplied by the irrigation system, which use shall be paid by the Association
Havasu Creek Subdivision Declaration of CovananIB.Conditions and Restrictions - 12
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