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Stucker, Lee4~iS'I WILLIAM G. BERG, JR., City Clerk JANICE L. LASS, City Treasurer GARY D. SMITH, }? E., City Engineer BRUCE p. STUART, Water Works Supt. JOHN T SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES. P & Z Administrator PATTY A. WOLI±KIEL, DMV Supervisgr KENNETH W. BOWERS, Pire Chief W.L. 'BILL' GORDON, Pgfice Ghie1 WAYNE G. CRDOKSTON, JR., Attgmey April 3Q, 1996 Mr, Lee R Stucker 2541 W. Leroy Ct. Meridian, ID 83642 RE: ~+ence Variance Request 2698 & 2670 W. Leonard St. Dear Mr. Stucker: RQBBRT D. CORRIE Mayor ~Q(JNCIL MEMBERS WAt_T W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P ~ 7 COMMISSION JEM JOHNSON, Chairman TIM HEPPER JIM SHEARER GAEL OSLUND MALCOLM MACCOY The f ence Variance Committee oFthe City oFMeridian met at 4:45 P.M., ~-lpril 29, 1996, in City hall to consider this request. After due consideration, the Committee decided to allow construction of a six (6) foot tall wooden fence in the front lot setback area of these two (2) lots subject to the following: l Tile Face of the Fence shall be set ten (1 Q) Feet From the back edge of sidewalk. 2. The area between the Fence and sidewalk shall be Iandscaped and maintained by you. 3 The board side of the fence shall face W. Leonard Street. Tl>e east end of the fence shall return along the west boundary of lot [ 2 for approximately 40 feet to match into lot 12's 6 Foot tall Fence. 4. The City of Meridian has no jurisdiction in the enforcement of the provisions of your subdivisions Protective Covenants. Since this is a variance to a provision of your covenants we su est you also contact your Homeowners Association, 5, Please obtain a fence building permit from City hall prier to beginning construction. HUB OF TREASURE UAGLEY A Good Place to Live 33 EAST IDAHO M)CRIDIAi~i, IDAHO 836412 Phone (208) 888.4433 • FAX (2U8) 887-4813 Public workslBuilding Department (208) 887-2211 Motor Vehicfe/Drivers License (208) 888-4443 G. Your use of Lots 13 and [ 4, Block 2 must be in accordance with existing City Ordinances. Please contact Ms. Shari Stiles, City Planning and Zoning Administrator, For allowed uses within this residential zone. Thank you for complying with the City ordinance in requesting dais variance Sincerely, I ~f'Gt~( Gary D. Smith, PE. Chairman, Fence Committee ec: File City Clerk Building [nspector Shari Stiles CITY OF NIERIDTAN 33 E. IDAHO MERIDIAN, ID X3642 FENCE VARIANCE APPLICATION (RE : Mer~.dian Zoning Ordi.~~nce ) APPLICANT NAME : L ~ ~ S ~ G ~ PHONE `~ ~ ~S- 4 ~ ~ ADDRESS: z G ~ ~ l~U ~ j ,E ~~' y ~T OWNERS NAME & ADDRESS: (I~ d~.fferent than above) Z O 7ls %/ ~` ~~ "~ ~~',~~ c ~ ~ PROOF OF OWNERSHIP: (COPY OF DEED OR OPTION MUST SE ATTACHED) LEGAT, DESCRIPTION OF PROPERTY: LOTm C 3 ~/~ BLK ~~ Z SUBDIVISION /~ !/,;= /~/ ~~'(/ ~_ ~ ~ PRESENT USE & ZONING OF PROPERTY 1~~5- (~ /~-- C- ~ /U T ~~ ~ ~ SCHII~~ATIC DRAWING: ATTACH DRAWIiIG SHOWING BUILDINGS, STREE`T'S & PROPOSED FE\i1Ci: SURROUNDING PROPERTY S: LIST OF THE MPT~~NG ADDRESSES OF AT.L PROPERI'~' OWNERS (FROM AUT~TIC TAX RECORDS OF ~ADA COUNTY) WITHIN TWO HUNDRID (200) FEE`T' OF THE ~~r BOUNDRIES OF THE LAND RFTNG CONSIDERED: DESCRIPTION OF REQUIREMEN'T'S OF THE ORDINANCE THAT ;.VEID 'I1D HE REDUCED TO PERMIT THE PROPOSID FENCE • ~ /.L ~! ~] Jf / G ~ o F ~ 1 ~' '-= ~ i=~ n / " ~'~ T % ~ ~ `• ~. .~~ l(" ;i ~~~ ~~~ C,1ti ~ 7'~ ~ i,/ fin / ~ ~ I"7 ~ ~rJ`~'G ~ /~ ~ ! n~ 5 ,C ,,~ 7-h. _ --- C 1 f~' ~ ~.i ~r K. ~¢,.'. ~'D 5 r 7-l~ ~ 1~T'rj~t/ ?- o F 075 / ~/~ ~'L/~~~ ~~ /:= iV CJ / ~ ''~ ~' ~` E-t' ~ -~ C~ .~ ~ 7' S uJ ~ ,~, ~ (',~ ^ ' "-' .~ ~/ ~ ~ T ~ v .~ ~ . = lam" ~~G ~ 1J v .r ~ /7 cj T n'1 ATTACH ~.PPLICATSON FEE OF $ .~~, - C)('j 1- I N ~ ru ~ ~-y ~ r~ ~ ~~F N _ ~S ~ o ~ ~~~ r' 1-.07'1 8~,~9 l~,~o~~~ ~_~,,x~ z ATTACH STATEMEN'T' THAT FF~Ii ~ TS ALTAGVID UNDER THE RESTRICTIVE CWENANTS OF THE SUBDIVISION OR A COPY OF THE RESTRICTIVE COVENANTS PERTAINING TO FENCES: ~~ ~ 7 APk'LSCANI~S 52C~TATURE : -P U I - L~ ~. DATE RECEIVID RECEIVED BY COMMITI~E HEARII~G DATE Order No ~~~~ ~f FOR VALUE RECEIVED, g. r, B~,pp~~~ TNC. ~ an IdalZO Corporata.on a corporation duly organized and existing under the Iaws of the State pf Idaho, grantor, does hereby Grant, Bargain Seli and Canvey unto Lee boy Stucker and Fae Marie Stucker, Trustees of the Lee Roy Stucker and Fae Marie Stucker Revocable Txust dated July l2, 1976 ' grantee whose current address is 334 W. Maple, Meridian, TD 83642 the following described real estate, to-wit; 41955 i=iled3i.n~Book 66 oi: P.Ia sCat~pages3b7g2Cand~b7~33~ records~ofaAdalCounterel~s y, daho. •; ~ C : `• . ~ Air"~;;,~-~'~`- +-~'+i ~~_ i r7-~_~ ~U. , .. '~~ fil I; r. r , ;~ RE~Cr,u _. ~ . .,• TO HAVE AND TO HOLD The said premises, with their appurtenances unto the said G;ranbee LL~_-,,,, 5.. ... _.. .,..a ~,,......._ r__. .. ___.. C. 2 order r.~. 41954 DEED FOR VALUE RECIIIVED, S. I . D~LOPMENTT, INC. , an Idaho Corporation a corporation duly organized and existing under the laws of the State of Idaho, grantor, does hereby Grant, Bargain, Sell and Convey unto Lee Roy Stucker and Fae P7as'ie Stucker 'T`rustees of hhe Lee Roy Stucker and Fee grant~w~iase cutk-rent adde~ia '~xust dated ,7u1y 12, 1976 334 W. Maple, Meridian, 1D 33642 the fallowing described real estate, to-w-it: Lot 14, Block 2 HAVEN COVE NO. 3, accorda.ng to the official plat thereof, filed in Book b6 of Plats at Pages 6732 and 6733, records of Ada County, Idaho. J ~' ,,,, , , .. ~ r • ,,~ ~r,i4U ~1I L~ r~Q, L ~• ~~ f ~~ 7 r ~~ ~ ftEC« - ` ~ ~ -~ ~ ~ ~ t`1 ~ ~~~ ~`~ ~ N a ,~ ~ ~ Y ~ ;~ u~ ;l i ~~ 7- ~-t ~ H ~ ~ N ~1 ~, ~ ~i ._ `` .^~ ~ ~~ v ~- ~t v a 1 ~i _~ .~,~..._ r_ ., ; _ . , , {~~ ~~i ~} ~~ + `~ i ~ ~ 1 ___ J V ~ `- ~ 1 L~ ~~ ~ i ~f ~ :j n g ~ ~~ ~. U~ ~ ;. :; :~ 7 ~ h ~~ ~- ~'~ -- Lr~ _, Lr.. -~.~. ._~ ~, - ~ u, -_ ~ __ ~ i~ C" ° i - l __~ ~- ~{ __~ ~. / i~. ti ~ l~l r ~ ~ ~ ._ «..-~ ~ ~~ f 3 `~' v ~ ~ i; ~ 7 ~ ~~ ~ ~ ~., ,~ ~ ~ v I! ~""` ~~ n~ ;+ \~ 5 `' . ~ C ~`- r~ , "ti r~ \1 ~, \ ~~ \ ~~ ~.~ ~~ ~, ~, ~~ 1 \ ~l e , .` r ,C ~ << ~~~~M ~ _~ ~, ~'~` ~ ~ ~ v ~~~ ~~ r,~~~ _ t,~ ~o ' ~ ~ s c.V •~ ~ ~ ~C ~ ,,~ ~. ; ~ ,l~ ~ N ~~ 1.~ ~ ~ < <~ ~ ~, ~; ~~ ~ y~ ~'~ ~~ ~, ' ~ ~~~ r.~ ~ ~~ ~~ ~` .~ ~ ~ ~~ ~~ v ~ ~ -~ ~c,c~ccn.ct ~ ~ ~ wv' -- ~ pub Gt:~ ~~~~ ; - .Z~~res~ct ~~. ~oSd~`~lt~ a~ptaG~ d2uc. ,,t,~r~wv~,, .1~v a ~.~,.~ - G~J,c,~,G it%t.C~ C a,(.Q !'17 Y, ~ ~l'~Ys• S Ya-c~cLvut,! ©~,.-,. ~~~ tt~-~.. --~ Z ~ ~ z (mil • L~~.~~ ~~id-cc= (~ ~ ~ z - ~3~ftc.. z -- ~~/ 6~1~/Y~L(/I Gui1-tv~,/ ~ "~+r~ ~'i~rt.Ciw /oZ.~-G~,e ~tl+G~/vL,~. at1nJ,.~l ~.~liv-C-L ~ - ) /1 n ~ ... ~b'"L ~ ~/~~ /rV3' S1~7'Y~.Q.~a~w~.~ t~T"~Y T~Eh...v/1~C~~i-~+x]"[.+~L .r ~i1/Ljs.wq (~~( ~vS ® ,~ nom, r t~ ~. ~ hP ~~ v:.c~- cl~,~-~~ mac. ~z~u-vim( .~ Sharon Smith From: Gary Smith [smithg@ci.meridian.id.us] Sent: Monday, July 22, 2002 8:48 AM To: 'Sharon Smith' Cc: Bruce S.; Shari Stiles (B-mail); Brad HC Subject: R~: HaVen Cave Sub Variance Sharon: There was a variance application filed for fencing the street frontage of these two lots by Mr. Stucker. The variance was heard by the Fence Variance Committee on April 29, 1996 and was approved at 10 feet from the sidewalk. There were several neighbors that testified against it. I am sending a photocopy of what !have in my file to you in todays inter-office mail. I suspect it would be appropriate for you to place a phone call to our City Attorney to see how long a variance such as this is valid. Gary _-----Original Message----- From: Sharon Smith [mailto:smiths@meridiancity.org] Sent: Friday, July 19, 2002 4:36 PM To: Shari Stiles [E-mailj; Brad Hawkins-Clark (E-mail) Cc: Bruce Stuart ~E-mail); Gary Smith (E-mail) Subject: Haven Cove Sub Variance have had a call from a realtor trying to track down some minutes on a variance application that I cannot find anything on. He indicates it was a variance app by Mr. Stucker to fence the two lots he owned behind his house so that he could have a huge back yard, ]t was denied. The lots are still bare, realtor is having a hard time selling neighboring homes because they don't know what will happen with those two lots ~ don't want a big back yard next to them. Do you recall if it was Council, or was it a simple fence variance? The neighbors insist this application was filed because they came ~ testified against it. Thanks for your help. Sharon Sharon Smith From: Shari Stiles [stiless@ci.meridian.id.us] Sent; Friday, July 19, 2002 6:5'1 PAA To: 'Sharon Smith' Cc: Brad Hawkins-Clark (W); Gary ©. Smith Se~bjec>t: RE Haven Cove Sub Variance It was a fence variance. We do have some limited information on it in l=ife Box 12 in our office. Gary Smith would have a more complete record of what happened. -----Original Message----- From: Sharon Smith [mailto:smiths@meridiancity.org Sent: Friday, July l9, 2002 4:36 PM To: Shari Stiles [E-mail); Brad Hawkins-Clark ~E-maily Cc: Bruce Stuart (E-mail); Gary Smith ~EWmail) Subject: Haven Cove Sub Variance have had a call from a realtor trying to track down some minutes on a variance application that I cannot find anything on. He indicates it was a variance app by Mr. Stucker to fence the two lots he owned behind his house so that he could have a huge back yard. It was denied. The lots are still bare, realtor is having a hard time selling neighboring homes because they don't know what will happen with those two lots & don't want a big back yard next to them. Do you recall if it was Council, or was it a simple fence variance? The neighbors insist Phis application was filed because they came & testified against it. Thanks for your help. Sharon NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to 11-905 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 o'clock P M., on Mond. April 29. 1996, for the purpose of reviewing and considering the Application of Lee R. Stucker for a variance from the Meridian Fence Ordinance at the property legally described as follows: Lot 13 & 14, Block 2 Haven Cove Subdivision No. 3 and known by the address 2698 & 2670 W Leonard St Meridian Idaho 83642. The Applicant proposed to reduce 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 this 12th day of Aril , 1996. WILLIAM G. BERG, JR., CI RK ~~~~~~ J !~ ~. - 2 ~q96 July 1, 1996 ~'['Y ®F ~~~~~ City of Meridian 33 East Idaho Meridian, ID 83642 RE: Fence Variance Request :Lot 13 & 14 Block 2 Haven Cove. We would appreciate an audience with the City Council for the meeting of July 16, 1996. We have made repeated attempts to contact the architectural committee with regard to the construction of a fence on the properties. However, the one remaining member, Leon Blaser, has not returned any calls. It is our contention after many different conversations with Mr. Stucker the fence will be erected and there will be no future enhancement of said property. Mr. Stucker has further indicated that the lots would then be utilized exclusively for storage areas. As such, we contend this constitutes an accessory use which is not customarily accessory, nor incidental, to the conduct of the principal permitted use. We are unclear as to why the original request for a variance was declined by the City Planning and Zoning committee at the meeting of 4/22/96 and subsequently approved by letter sent to our homes on 6/21/96. The April meeting was attended by three households of our subdivision all of whom were assured the fence issue was resolved and the variance denied. 'f~ ., s, ; ,, ~ i .,. ~G ~ c ~~~~.~~~ ~.~ ~ r Russ & Paula Ri d~ & Shannon Van Zante 2642 W. Leonard • MERIDIAN CITY COUNCIL MEETING: July 16 1996 APPLICANT: ITEM NUMBER; 10 REQUEST CONCERNS REGARDING FENCE VARIANCE FOR LOT 13 AND 14 BLOCK 2 OF HAVEN COVE SUBDIVISION A ENC CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: P~" ~"w OTHER: COMMENTS ~,~ ~~ ~,' , n'~ k 1~ 5 ~~ 9a~ All Materials presented at public meetings shall become property of the City of Meridian. • • Meridian City Council July 16, 1996 Page 36 direction that we need to deal with'it. So I would move that we table until August 6. Tolsma: Second Corrie: Motion was made to table this to August 6, second by Mr. Tolsma, motion by Mr. Morrow, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea (Inaudible) Fitzgerald: Mr. Crookston will be back on the 22nd of July. ITEM #10: CONCERNS REGARDING FENCE VARIANCE FOR LOT 13 AND 14, BLOCK 2 OF HAVEN COVE SUBDIVISION: Corrie: Is Russ or Paula Rice, or John and Suzanne Van Zante here? Would you like to come up please and address the Council. Van Zante: My name is John Van Zante I live at 2642 West Leonard, Russ Rice is here as well and he would like to express some of his concerns as well. We live in Ftaven Cove Subdivision and currently a variance has been granted to fence off the two lots directly to the east of my property. After talking with Mr. Stucker the owner his has informed me that he intends to use these lots for storage, to store RV's and whatever. He even mentioned offering storing other neighbors RV's within in this particular area. My concern first of all is that fencing off two lots in the middle of his subdivision is not harmonious to the rest of the property owners. My concern is property values will be decreased, I bought in a subdivision, there were several undeveloped lots within that subdivision. It wasn't a big deal, these two were no exception. Now come to find out the owner wants to fence them off and put a storage ~ ;~ yit next to my house. It kind of upsets me. So my conc Win, I am not an attorney, I don't understand all of the legal ramifications but I am not sure that it would be legal for him to do this. I don't think it would be legal if I were to go into the middle of anybody else's subdivision and buy a lot fence it off and park a boat. The lots are zoned residential, the primary use is for residential. Yes ultimately they are not going to be used residentially. There have been rumors going around the neighborhood as to what exactly Mr. Stucker's final end use will be. And frankly I don't wish to share those because I am not Mr. Stucker and I can't tell you. I guess all I am looking for is an answer, can he, is it, can he fence these two lots off in the middle of our subdivision and do anything with it other than a house? You have granted him a variance which basically in my understanding gives him permission to do that. I don't think that like I mentioned before that I can go out in the middle of some subdivision buy a lot and fence it off and park my • Meridian City Council July 16, 1996 Page 37 ' RV's and my boats in there. Russ has some comments that I think I would like to have him address right now. So that is my concern. Corrie: Council any questions? Rountree: Mr. Mayor, I might make a point, the variance that was given was for fence which can be built on a residential lot, there was no variance for use. The use was specified in the variance letter that it would be used for residential use. Van Zante: Can you build a fence without a house? Rountree: Certainly Van Zante: So he can fence it off and leave it for all eternity? Rountree: As long as it is maintained. Van Zante; That is some questions that Russ has is concerning maintenance. Rountree: It is still zoned residential. Bentley: That would be no different than if you had a house and you had two lots and you didn't build a house on the second one you just used it as your yard. Van Zante: I wouldn't have a problem using it as a yard. There are concems, a six foot fence a variance of 10 foot from the road so we are backing out of our driveway we won't be able to see down the road. (Inaudible) Van Zante: So there is a safety concern there as well. Your comments didn't make me - -- happy but I understand that is the way it is. I do need to understand that if he begins to start parking other people's RV's or his own stuff on that lot I think it needs to be made clear that he cannot do that, he cannot use that lot for anything other than residence. In my limited conversation with him he has some clear intentions of using that lot for something other than what it is zoned for. If I had known that I wouldn't have moved where I moved. Thank you. Rice: My name is Russ Rice, I live at 2628 West Leonard, right next door to Mr. Van Zante. He has expressed our concerns pretty well, a few of the things that I want to address is first of all one thing he mentioned about the ten foot, if you are backing out of a driveway Meridian City Council July 16, 1996 Page 38 how much room is required for a visual, to back out of the driveway for oncoming traffic. I don't know if there is a law or whatever but I think that needs to be addressed. Also, the landscaping in front of the fence, we would like to find out and get it on record what he plans to do for landscaping. Is it going to be rock, is it going to be grass, it is something that is going to match along what the rest of the neighborhood is. We have single family dwellings all- along the streets, everyone has lawns. I don't think it would look very good to have anon-growing landscaping in front of that. And the end use, I would just like to get it on record what Mr. Stucker's end use plans are for the inside of that six foot fence. I spoke with Mr. Stucker, he seems like a very good neighbor and I dust would like to get it on record what his plans are for this property. Corrie: Anyone else out of the two parties here, that you want to say to us? Council, anything? I think that this was requested by just two parties that they wanted an audience with the City Council, I guess I can ask the City Council if they would like to hear anything further on it. Morrow: Mr. Mayor, was this request in the form of an appeal of the findings of the fence committee? Corrie: There is nothing here that says it is an appeal, it just says they want an audience with the City Council. Morrow: It may not be, it sounds to me like it may not be a formal appeal but certainly they are appealing the issues under which it was approved. It sounds to me like their desire would be the Council reverse the approval and I think the courtesy would indicate at least Mr. Stucker who is the one that owns the property and has asked for the fence variance be given an opportunity to answer some of the questions. Corrie: Is Mr. Stucker here? Stucker: I am Lee Stucker, I live at 2695, 2641 West Leroy Court. Mr. Mayor and Council my full intentions is to be a good neighbor. I asked for the fence variance with the idea that it was going to please some of the neighbors more than leaving it there. I have, as the use of the lots, I have not indicated, I did not say that I was going to store RV's. I have had some neighbors say it would be a good idea and I think it would be a good idea if it could be and when I asked for the variance and met with Mr. Smith I think I indicated to him that I would not do that without City approval we discussed that. So stating that I said that I did not state that. I do not intend to unless we develop an agreement a proper agreement with the City as such. As far as the fence is concerned my thought was to agree to build the fence with the idea that it would come here pleasing some. of the neighbors but it doesn't please others. I stated to Mr. Smith I would just assume not build a fence as far as I am • Meridian City Council July 16, 1996 Page 39 • concerned it is $1100 out of my pocket that I have no reason to spend. I have not stored anything on the two lots 2698 West Leonard and 2670 West Leonard the two lots being referred to. One of the neighbors had a trailer sitting on the back corner for a short time, it is not there now. There has never been anything stored there, the lot is totally vacant. I have mowed them twice, I have sprayed them once. I spot (inaudible) once and I mowed them again the other day. I wold welcome anybody to come out and look at them and they are not weedy or trashy. I own some of the property there, these two lots have nothing on them. Corrie: I might add Mr. Stucker I have gotten phone calls just the other way around. They did want it fenced so you are between a rock and a hard place. I apologize for not recognizing you Mr. Stucker. Morrow: Mr. Stucker do you live adjacent to these two lots? Is your residence adjacent to these? Stucker: Yes, that takes a little explanation, I did own the existing farm house at one time, the original farm house. I did live there awhile. I sold that five or six years ago and my son is living there. He, that is 2695 West Cherry Lane, he has the house and a 1/2 acre only. The rest, I live at 2641 West Leroy Court which backs up to the house that has the out buildings on it. Morrow: Then these two lots that you are proposing to fence off there is nothing on the lots` Stucker: No, the existing barn the one that has been there for 50 years extends does extend into one of the back of one of those lots. That bam extends into it but as far as that goes there is nothing else there. I do not know, I have no plans specifically for that. Morrow: Your intent to fence off here then is to fence of# while it is you are deciding what to do with these lots. Stucker: Right Morrow: They are residential lots? Stucker: Absolutely, yes, I know that. Morrow: So your only use of that at some point in time to sell them is as buildable lots is that correct? • Meridian City Council July 16, 1996 Page 40 Stucker: Yes as the present zoning is yes. Morrow: And your fencing them, is there a requirement by the subdivision that either you landscape them or fence them is that the issue here? Stucker: If I build a fence the City has asked me to landscape the front. Morrow: I understand that but from the neighbors the adjacent property owners view is the issue here that you are fencing them so that you don't have to plant the remainder of the lot in grass or something like that for weed and dust control. Stucker: Basically I guess that would be true but I have no intent to make a total yard out of it. I just intend to keep them clear and sit on them for awhile and see (End of Tape) Morrow: (Inaudible) no requirement in the covenants and restrictions in this subdivision that you build on this lot within a certain period of time? Stucker: Not to my knowledge no. Once a house is started then there are some time. elements. Morrow: Well most subdivisions nowadays require no land banking which is essentially what you are doing. And they require that you actually start construction on a lot within a 2 year period or something like that. And so maybe that doesn't exist in this subdivision. Stucker: Not to my knowledge. Morrow: Thank you Corrie: Council do you want to hear anything further since (inaudible) a couple others that said they would like to. Morrow: I don't have a problem with that. _- - Cooner: My name is Mike Cooner, I live at 2707 West Leonard, Mr. Stucker's.property is right in front of me, it is a field. He keeps it mowed, keeps it clean. I would rather not see a fence but like you said he is between a rock and a hard spot. If he did he has no water out there that would be an extra expense dragging water out there. I told him that I would be happy just to see some decorative rock down there. I am the guy looking at the fence, nobody else is, it is not in front of anybody else but me. I know the weeds, you are going to get weeds I don't care where you live. Perma-Green isn't going to kill them all and everybody spends 30 or 40 a month there. The fence if it goes up it goes up and if gets an Meridian City Council July 16, 1996 Page 41 easement of 10 feet back my neighbor I give them an easement, I don't have a problem with backing out of my drive way. There are not a lot of kids, besides that the dogs that they run in the neighborhood they all go poop over there and that takes the pressure off of my shrubs. So he can put shrubs over there he is just going to relieve me a little bit. I just see decorative rock or something like farther out I don't .see any shrubs because I don't know if he wants to carry a bucket of water out there every day or spend another $500 and get it or run a pipe out there. Thanks for listening. Corrie: Thank you, anybody else that has a comment? Do I assume then that you are asking the Council to reconsider the variance that was granted? I mean the fence be, the fence committee said they can't have the fence. Are you asking the Council that they rescind that variance, is that what you are wanting to do? Okay you need an appeal, Counselor does that have to come under a separate appeal or could they do it tonight? Smith: Mr. Mayor, when we held the hearing for the variance request by Mr. Stucker we didn't make a decision at that meeting because there was a question that was raised and that had to do with whether or not Mr. Stucker could go back 20 feet from the property line and build a fence with nothing more than a fence permit. I talked to City Attorney and he said yes, there is no restriction. At that point Mr. Stucker's request for a variance to ten feet seemed to the fence committee to be in the best interest of the neighbors. And we granted that variance. Corrie: So folks your request would be that the ten foot or not that there be a fence there but that it be ten foot or 20 fence. If he wants to put a 20 foot fence there he can. If he wants, the variance committee gave him a variance for ten foot so you are probably going to get a fence there if he wants to put a fence at 20 foot or stay where it is at 10. So I guess I .ask you once more do you still wish the Council to consider the ten foot? Rice: When you were asking about the, (inaudible) the first time the fence was denied because Mr. Stucker wasn't able to attend because his wife was ill and then there was a letter sent to Mr. Stucker on April 21 that they had rescinded it and he could build the fence. Well the rest of us didn't get the letter until June 21 so there has been a little bit of emotions stirring in the neighborhood. Everybody just wants it to look nice. We all want to live (inaudible). Corrie: I think Mr. Stucker has agreed that the fence he would do the landscaping and the best he could. So I guess Council, my original question to you I guess, Counselor is it in the proper form now that we can address that at this time? Fitzgerald: Well in looking at this letter dated July 1 from Mr. & Mrs. Rice and Mr. & Mrs. Van Zante. It does not appear to be a request for an appeal. I believe that there are Meridian City Council July 16, 1996 Page 42 ~..~ specific procedures in which you follow to file an appeal to such a variance. So my answer would be no that I don't believe that this is the time to take up such an issue. If they would look back at the methods and procedures and file an appeal if that is what they desire to do. Corrie: Do you understand what we are saying here, if you want to appeal that variance than there is a procedure to follow we will put it on the agenda and go at that point with it. Rice: It wasn't so much to appeal it, it was just in working with the developers and real estate we just wanted it in black and white, we wanted it before the Council and we talked to Shari and Shari said to be able to get it before you guys that we needed to request an audience. That is what the letter was doing was requesting an audience. Just so that it would be black and white on tape and we all would know what is going to happen. Corrie: I might suggest that you talk with Mr. Stucker. maybe you get a plan of the landscaping, I think could be worked out. It would be much easier and much better if you could do it that way rather than to come back with it, it is entirely up to you how you want to handle it. If you want to handle it the other way then we will get it on the agenda and we will get you the proper procedure. Thank you. ITEM #11: REQUEST FOR HOOK .UP TO CITY SEWER FOR WILLIAM VAUGHN BY MAX BOESIGER: Corrie: Richard? Boesiger: Good evening Mayor and members of the Council, I am Richard Boesiger. When we purchased the SummerFeld 3 property from Bill Vaughn a little over a year ago, he requested that we hook his existing house up to sewer and I admit we didn't think to discuss or we didn't think of the annexation issue. We agreed to that of course and that we would do it when we built the subdivision. Now we started building the subdivision anr' we looked into what it was going to take to get it hooked up and realized that it is Council's general preference that the property be annexed. So I called Bill, I have had three or four calls to Bill and he has expressed an unwillingness to be annexed at this time. He does recognize that when, I forget his name, the farmer next door, when Tom (inaudible) becomes annexed he recognizes that he will have to go in at that time because he will be surrounded. At the present time he is just on the boundary. I really am not sure what exactly his reasoning is, he never really did say. He just basically said he prefers not to be annexed at this time. We are aware of the additional fee involved when we are not in the City. I guess that is it. I will answer any questions that you might have. Corrie: Council?