Lukesh, James
MAYOR
Tammy de Weerd
CITY COUNCIL MEMBERS
Keith Bird
Christine Donnell
Charles M. Rountree
Shaun Wardle
CITY DEPARTMENTS
Fire
540 E. Franklin Road
888-1234 1 fax 895-0390
Parks & Recreation
11 W Bower Street
888-35791 fax 898-5501
Planning
660 E. Watertower Lane
Suite 202 .
884-5533/ fax 888-6844
Police
1401 E. WatertowerLane
888-6678 1 846-7366
Public Works
660 E. Watertower Lane
Suite 200
898-5500 1 fax 898-9551
- Building
660 E. Watertower Lane
Suite 150
887-2211 / fax 887-1297
- Wastewater
3401 N. Ten Mile Road
888-21911 fax 884-0744
_u Water
2235 N.W 8th Street
888-52421 fax 884-1159
ø
May 27,2005
Mr. James Lukesh
5167 W. McMurtrey
Meridian, ill 83642
Re: Fence Waiver Application
Dear Mr. Lukesh:
This letter is in response to your fence waiver application for the property
located at 5167 W. McMurtrey, Meridian, Idaho. In your application you
asked to be allowed to reduce the setback from 20-feet to 10-feet from the
street side property line along N. Willowside Ave.
No objections were received from surrounding property owners, whom were
notified in accord with the City's Zoning and Development Ordinances.
The City has approved your Fence Waiver, allowing the fence to be located
10-feet from the street side proDerty line along N. Willowside Ave. This
approval is subject to the conditions noted below. Section 11-1-11 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 lO-feet from the
property line along N. Willowside Ave.
2. You must landscape and maintain the ground area between the fence
and sidewalk.
3. The board side of the fence shall face out toward the street(s).
4. You must also obtain a building permit for your fence from the City
of Meridian Building Department prior to construction. You must also
call for an inspection of the fence once you have completed
construction.
CITY HALL 33 EAST IDAHO A VENUE MERIDIAN, IDAHO 83642 (208) 888-4433
CITY CLERK - FAX 888-4218 CITY ATTORNEY I HR- FAX 884-8723 FINANCE & UTILITY BILLING - FAX 887-4813 MAYOR'S OFFICE - FAX 884-8119
PÚnted on myd,¿ p'p"
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. 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 free to call me at 884-5533 if you have any questions or concerns regarding the
conditions of approval in this letter.
Sincerely,
~ {!1eJL ~ 1Jt1lA ÛUut-1i1g
Anna Borchers Canning, AICP 0
Planning Director
City of Meridian Planning and Zoning Department
Cc:
File
Building Department
City Clerk
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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 James Lukesh has filed with
the Zoning Administrator of the City of Meridian an application for a Waiver from
the Fenca Ordinance regarding his property located at 5167 West McMurtrey,
Meridian. Idaho. The Applicant proposes a reduction of the required setback
distanca from 20 feet to 1 0 feet from property line along North Willow Street.
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 clo 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 5167 West McMurtrey Street is more particularly
described as Lot 16, Block 16 of Trida's Subdivision No.4, Meridian, Ada
County, Idaho.
Any and all interested persons are welcome and invited to submit
comments.
PUBLISH gfu and 16tb of May, 2005.
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CITY OF MERIDIAN
Planning & Zoning Department
660 E. Watertower Ln., Ste. 202, Meridian, ill 83642
(208) 884-5533 Phone I (208) 888-6854 Fax
FENCE WAIVER APPLICATION
(RE: Meridian Zoning Ordinance 12-4-10 Fences)
APPLICANT:-.-JalAAe..'5. ~h
ADDRESS: ~~lk. ì tA) M. Q AÅ.v..., +Æ.'1
PHONE: '2021 a84 lI~l FAX:
E-~'Ù\o_..e @~...T .AV. Alef'
OWNER(S) OF RECORD (IF DIFFERENT FROM APPLICANT):
ADDRESS:
PHONE:
FAX:
E-MAIL:
PROOF OF OWNERSHIP: (Copy of deed or option must be attached)
PRESENT USE OF SUBJECT PROPERTY:
NOTARIZED CONSENT OF PROPERTY OWNER (See attached Affidavit of Legal Interest)
LEGAL DESCRIPTION OF PROPERTY: LOT#...llA- BLOCK#lt:L SUBDIVISION:TR\c.C.Q.~ :i: 4-
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ZONING OF SUBJECT PROPERTY:
~:~~~Ò~~W~~ ~~~.~ THA;~ ¡;.~E REDUCED TO
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SCHEMATIC DRAWING: Attach drawing showing buildings, streets, & proposed fence.
SURROUNDING PROPERTY OWNERS: List of the mailing addresses ofall property owners (obtain list ITom
Meridian Planning & Zoning Department, 884-5533) within two hundred feet (200') of the external boundaries of
the land being considered.
A",li"""-" s~~
ATTACH APPLICATION FEE OF: $50.00
ATTACH STATEMENT THAT FENCE IS ALLOWED UNDER THE RESTRICTIVE COVENANTS OF TIlE
SUBDIVISION ORA COpy OF TIlE RESTRICTIVE COVENANTS PERTAINING TO FENCUE
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TITLEONE CORPORATION
Authorized agentfo~
FIDELITY NATIONAL TITLE INSURANCE COMPANY
Commitmenl Number: A0433545 JUnC
1. Effective Date: October 13, 2004-
SCHEDULE A
at 07:30 AM'
2, Policy (or Policies) to be issued:
(a)ALTAOwn. Policy (10/17/92)
Proposed Insured:
JAMES LUKESH
STANDARD COVERAGE
Amount of insurance:
Premium:
$ 156,320.00
$ 776.00
(b)AL TA Loan Policy (10/17/92) EXTENDED COVERAGE Amount of Insurance:
Proposed Insured: Premium:
FARWEST MORTGAGE, its successors and/or assigns as their respective
interests may appear.
$155,820.00
$ 306.90
Endorsements:
100/116/8,1/PUD
Charges:
$ 75.00
3. The estate or interest in the land described or referred to in this Commitment and covered herein is:
Fee Simpie
4. Title to the estate or interest in said land at the effective date is vested in:
AUTUMN FAIR, LLC.
5.
;x
The land referred to in this Commitment is described as foiiows:
Lot 16 in Block 16 of TRICIA'S SUBDIViSION NO. 4;~cCOrding to the official plat thereof, filed in Book 87 of
Piats at Page(s) 9835 through 9837, official records of Ada County, Idaho,
TITLEONE CORPORA"TION ~
By: 'Y-J¡¿,7IlM
JERi UHRiCH, Titie Officer
AL TA Commitment
Schedule A (10/6/82)
Valid Only if Schedule Band
Cover are Attached
(A0433545, PFD/A0433545/8)
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All gutters and downspouts are be continuous and shall be colored to blend with
the surface to which they are attached.
'All front doors are required to have brass kick plates.
Detached garages are not allowed. All residential homes shall have an attached
enclosed garage, which holds no less than two cars and shall be constructed of
the same materials and colors as the main building or as approved by the board,
Three car garages to have relief of a minimum of two feet. Garages shall be used
primarily for the parking of vehicles. In no case shall a garage be used for
storage leaving no room therem for the parking of vehicles.
Said requirements as to the approval of the architectural design shall apply only to the exterior
appearance of the Improvements. This Declaration is not mtended to serve as authority for the
Ardútectural CoInIIIittee to control the interior layout or design of residential structures except
to the extent incidentally necessitated by use, size and height restrictions.
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4.1.3 Setbacks and Heilrht, No residential or other structure (exclusive of fences and similar
structures) shall be placed nearer to the Building Lot lines or built higher than permitted
by the Plat for the Tract in which the Building Lot is located. by any applicable zoning
restriction, by any conditional use permit; or as may be specified in this Declaration or
any Supplemental Declaration, whichever is more restrictive. 1bis section is intended to
comply with the building standards for the City of Meridian Idaho. Any and all
buildings shall comply with the City of Meridian Building Codes at a minimum.
4.1.4 Accessorv Sttuctures. No pools, pool slides, diving boards, hot tubs, spas,
outbuildings, or similar items shall exten!l higher than ten 00) feet above the finished
graded surface of the Building Lot upon which such item(s) are located, and no
playhouses or playground equipment shall extend higher than ten (10) feet, except for
basketball backboards, which may extend beyond this limit as reasonably required to
accommodate a ten 00) foot rim.
4.1.5 Driveways & Sidewalks. All access driveways shall have a wearing surface approved by
the Architectural Committee consisting of concrete and shall be properly graded to
assure proper drainage. No driveway shall be wider than the garage to which said
driveway leads unless approved by the Ardútectural Committee. All sidewalks shall be
a minimum of four feet wide.
4.1.6 Mailboxes. All mailboxes and stands will be of consistent design, material and
coloration. All mailboxes will be supplied by developer and charged to builder at
closing of lot, '
4.1.7 ~. No fence, hedge or boundary wall situated anywhere upon a Building Lot shall
have a height greater than six (6) feet, or other lesser height as the Architectural
Committee may require, above the finished graded surface. Any fence or boundary wall
constructed on or near the lot line common to one or more Building Lots shall be
constructed as a "good neighbor" (alternating or open pánèls) fence or wall. Fencing
using nátuIal1andscaþing asa visual' and/or privacy barrier is strongly encouraged.
"Invisible" fencing to control ancl contain' dogs is strongly encouraged and shall be
allowed. ,No fence shall be constructed of any material other than wood nor firiished in
other thaD., a natural finish, except as may be specifically approved in writing by the
Architectural CoUunittee, prior to construction. All Jencing" and boundary, waHs
constructed ,many Buildirig Lot shall be of .coropatible style and material to that other
fencing constructed adjacent to or abutting such B)1i!ding Lot, àIid shall otherWise be as-
'apprpved by the Architectural 'Committee. Any and ' all fencing ' shall compiy with ,the
City of Meridian building codes. ' '
4.1.8 ~. Exterior lighting, including flood lighting, shall be part of the architectural
còncept of, the Improvements on a Building Lot. Fixtures, stands and all exþosed
, accessories shall be harmonious with building design and shall be as approved by the
DECLARATION OF'COVENANTS. CONDITIONS AND RESTRICTIONS 8
TRICIA'S SUBDIVISION NO, 2 - Page 8
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Applicant
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96 7 cu.
Address
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PAYMENT DOES NOT INDICATE ACCEPTANCE OF APPUCATION
TAX
TOTAL 0
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5462
Received
By
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www.titJeonecorp.com
OrderNo.: AO433545
CORPORATION WARRANTY DEED
For Value Received COREY BARTON HOMEs. INC. . AN IDAHO CORPORATION
A Ccnporation duly o.-gmttzodand -g under !he laws of the Stale of IDAHO herebyGtaot. Barg.m. Sell and
~ C"""eyonto lAMES W. LUKESH . A MARRIED MAN AS mSSOLE AND SEPARATE PROPERTY
Whose current address I" 5167 W. MCMURTREY STREET MERIDIAN,ID 03642
The following desorib,d real_'" to WIt
Lot 16 in Bloek 160fTRlCIA'S SUBDIVISlON NO.4, according to the offieialplatth",of. filed in Book 87 of
Pla.. at Poge('1 9035 through 9837, offic¡al records of Ada County, Idabo.
TO HAVE AND TO HOLD tho StUd prenuaeti, with tI1e1r appurtellll11Ces onto the ssid Gtaote.. he", and a"igns
forever.
The Gtantor does bereby COVlIDllnt to and with the ssid Gœntees, ",at it IS the owner m tèe --Ie of s.id premISes;
that it IS &ee from.1I encumbrances. EXCEPT those to whicb this conve .mce is _Iy ""de subject and those
mad.._eredordone by thoGtaotee: and subJect to restrictio.., dedic.tin.., eomnents, np.. of way and
agreements, (ifany) of record, and general taxes and ..,..,......, mclodiIIg ítrigatton and udUty easemen", (ifaoy)
fur tho wneot year, wbJch ere not due and p.yable, and th.t Gtaotor will warrant and defend tho same from all
lawful claIms whatsoever, In constraining thi, Dc,d and where the context '0 reqUItes, tho singular ineludes the
pJuml, and the mnsculine, includes the femmine and ne...r.
IN WITNESS WHEREOF, the Onmtor, pursuant to a resolution ofi.. Boord of Directors bas CBus,d ... corporate
name to be hereunto rob,aibed.
Dated; 11/12/04
COREY BARTON HOMES, INC., by;
SERENA CLARK, It', SECRETARY
STATE OF IDAHO
COUNfY OF ADA
ON THIS DAY OF NOVEMBER IN TIlE YEAR 2004 , BEFORE ME, TIlE UNDERSIGNED, A
NOTARY PUBLIC IN AND FOR SAID STATE PERSONALLY APPEARED, SERENA CLARK KNOWN TO
ME TO BE TIlE SECRETARY OF TIlE CORPORATION THAT EJŒCUI'ED nus INSTRUMENT AND TIlE
PERSON WHO EXECUI'ED THE INSTRUMENT ON BEHALF OF SAID CORPORATION, AND
ACKNOWLEDGED TO ME TIlAT SUCH CORPORATION EXECUI'ED TIlE SAME.
IN WITNESS WHEREOF, I Hl\.VEHEREUNTO SET MY HAND AND AFFIXED MY OFFICIAL SEAL THE
DAY AND YEAR IN nus CERTIFICATE FIRST ABOVE WRI1TEN.
TARAM. CLIFFORD
RESIDING AT; ,MERIDIAN
MY COMMISSION EXPIRES ON;O6II8IIO
.
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