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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, \~ 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: C4-1M~V"t'¡J.I""" "3, f,TrJ.""lA I\ve- IV\ €(,'Jl'...... TO , ~~I.{¿ Identification: Address: Run Dates: S-e.Vif..VI' f-<'nù1- (tv-d. Wcv'.¡e( 'L'1..1'O~ J. I-")'OS Number Lines 3(, Amount~¥.q t J.{ ~Y Attention: Other -- 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 ? '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 ..,.- 1___- i II -~II- I ~------ ORL=-r. I I i I I L_- --------0, < úJ () OJ -. ::::::¡ m;::;.: . '< ::Us: (1) Q) 0..-0 ::u ~m. ..~~. --<:J~ - J <-I _L;E~------ /~ 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: ~- ------ -r",ï~' '~'.l¡~'IVED t I " 11.:'..1 Á, Dee 1 1 200~ ,;, ',' \ 11 i\kriùio.ll " C:"rk Office . . 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 N ~l~ !"'o. 0'" \-'~o . -...;:¡ .g-, ...... - c " ""t..:..u.9 ^ . '::::i ." ~"~ E '" ,\2 Q. c. « <J <J ~ 1J 1J « --- -- --- --- -- --- --- --~--- --- -- --- ~ u 12 0. « z :é .... !Z W "II: c:w OLL .c:i!, Cl.Q LL '" U W J: U Z 0 ~ Z ~: --- -- "- (J~ .0 : X ~ ~ ¡:! j2 15 z U) w g 00 .... 0 ~ 0 ~ \D ----- 8__- . I 1\' I\\-,,_-~."...\\' \, \ "'" " , ----I i 'mTTTI 'I, 11/1\11-