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Miller, Paul GARY D. SMITH, P.E. Public Works Director CITY OF MERIDIAC PUBLIC WORKS / BUILDING DEPARTMENT MAYOR ROBERT D. CORRIE BRAD R. WATSON, r.E. City Engineer October 18, 2001 1 COUNCil. MEMBERS RON ANDERSON KEITH Bllm TAMMY DE WEER]) CHERIE MCCANDLESS RECEIVED Paul Miller 645 East Grouse Court Meridian, Idaho 83642 City of Meridian City Clerk Office RE: FENCE VARIANCE REQUEST - 645 E. Grouse Court. Dear Mr. Miller: The Fence Variance Committee of the City of Meridian, met at 5:00 P.M., October 17,2001 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 approved fence location is as shown on the attached sketch and this 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 East Grouse Court and N. Cape Cod Way. 2. The ground area between the fence and sidewalk shalf 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. Si"li-~ ~ Gary D. Smith, PE Fence Variance Committee Cc: File, Bldg.lnspector, City Clerk 660 E. Watertower Ln., Suite 200 Public Works (208) 898-5500 Fax (208) 887-1297 Meridian, Idaho 83642 Building (208) 887-2211 61 ~C e )X /?f' 't'~~ " ~ V/.':>. f~ ''''.' ,.~/ ~~ if.~'li Qj'/ ~~ ~~ ~ r/t:r ~ /.' ,. . I //' =' ~ ~ 6 " " , s7S'. I::' '<$; ~ ~ S '" " "\.. \, '" ~ ^ "". / . " '" . ~ '" / .1''' f , ,. . .~ ~ .p NOTICE OF HEARING NOTICE IS HEREBY GIVEN I pursuant to 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 5:00 P.M., on October 17, 2001, for the purpose of reviewing and considering the application of Paul Miller for a variance from the Meridian Fence Ordinance at the property legally described as follows: Lot 18, Block 9 of Fathergill Pointe and known by the address of 645 East Grouse Court. 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 2nd of October, 2001 ~p~~" ILLlAM G. 'BERG, J ., ITV CLERK - :c: .~ - ~ ~ S'7~ JY . !i ~ "~~~,f~ ~;J.O ;:.,'7' ~ '1'0. ..~'7' 1~"( . .'7../f';: "'.. ~...... .. "('\~.':' ";1 , '~<i -. ;:-.,J' \.." J",; ~ \.t:/,C'\c- -r~~.~,'ic~f" ' \....... +, ~~:';iJ;'~'~~~-~~;? : n";'-i ,/."t'\ \\ ~ o o o (,.) 0 0 ." )> c: m r- 0 s:: 0 """"" r- <(; CD 0::0 0 - u 0 ~cn ~~ ...:.. ~rn N (;) ."Q 0 :xJ 0 c: en ...:.. m c.n 0 ("') 01 -sf g tI) m CITY OF MERIDIAN MERIDIAN fENCE COMMITTEE MEETING AGENDA Wednesday, October 17,2001 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 Jonathan Hill 2475 North Short Ridge Place lot 14 Block 13 Turtle Creek Subdivision Item No.2 4:45 p.m. Brad Gilmore 1151 East Puffi n Street Lot 8 Block 9 Sportsman Pointe Item No.3 5:00 p.m. Paul Miller 645 East Grouse Court lot 18 Block 9 Fathergill Pointe CITY OF MERIDIAN FENCE VARIANCE APPLICATION (RE: Meridian Zoning Ordinance) APPLICANT NAME: 4id,l if Vii/ley PHONE: ggt;~6299 ADDRESS: tLj6 f;-"ei<;-f ~IOIJSP, (lA'h:Jfl OWNERS NAME & ADDRESS: (If different than above) PROOF OF OWNERSHIP: (COpy OF DEED OR OPTION MUST BE ATTACHED) LEGAL DESCRIPTION OF PROPERTY: LOT# 10 BLOCK# q SUBDIVISION: FOI'J",:p// f:bt~-Ie PRESENT USE & ZONING OF PROPERTY: If!.:r /c/eN-/ It? / SCHEMATIC DRA WING: 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 DEP ART:MENT) WITHIN TWO HUNDRED (200) FEET OF THE EXTERNAL BOUNDRIES OF THE LAND BEING CONSIDERED. DESCRIPTION OF REQUIRE:rvrnNTS OF THE ORDINANCE ~T NEED TO BE REDUCED TO PERMIT THE PROPOSED FENCE: 4A:J//# It Ir;p ~ e' <; it'/-t;oOk i0 It? ' hM ;i::>I'()f'If't'1; /1/1'" l!t5kc;J ~ 2t/~ ATTACH APPLICATION FEE OF $ :if?,.aA . ATTACH STATEMENT THAT FENCE IS ALLOWED UNDER THE RESTRICTIVE COVENANTS OF THE SUBDIVISION OR A COPY OF THE RESTRICTIV OVENANTS PERTAINING TO FENCES. APPLICANT'S SIGNA lURE: /0-1-0 DATE RECEIVED' RECEIVED BY: 10. If an owner or applicant desires to obtain a variance from the provisions ofthis section, i I ~9-605 J, FENCES, it shall not be treated as a variance pursuant to the provisions of 11-2~4l9 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 from this fence ordinance, which shall be as follows: a. The owner or applicant shall file an application for a fence variance with the City Clerk, which application shall state the following: 1. Address of subject property; 2. Name, address and phone number of applicant; 3. Name, address and phone number of owners of the subject property; 4. Proofofownersh~; 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 (from 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; 11. An application fee established by resolution of the Council; b. 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 ofthe 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. c. 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. d. 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 of the decision at the hearing. e. APPEAL. Any aggrieved party may appeal the decision of the committee directly to the City Council pursuant to Section 11 ~2416 G., 1. Title File No.: 896.3719' CvRPORA TE W ARRANl I DEED FOR VALUE RECEIVED, Ken Jensen Construction, Inc., an Idaho Corporation a corporation organized and existing under the laws of the State of Idaho, with its principal office at Meridian, Idaho of County of Ada . State of Idaho, GRANTORlsl. does(do} hereby GRANT, BARGAIN, SEll and CONVEY unto Paul A. Miller and Christine Miller. husband and wife 645 East G~j@e Ct., GRANTEES{s}, whose current address is: ~N.....~9E1.way. , Meridian. Idaho 83642 the following described real property in Ada County, State of Idaho, more particuiariy described as follows. to wit: lot 18 in Block 9 of FOTHERGILL PQINTE SUBDIVISION NO.2, according to the official plat thereof! filed in Boole 69 of Plats at Pages 7059 and 7060, records of Ada County, Idaho. TO HAVE AND TO HOLD the said premises! with their appurtenances unto the said Grantee{s), and Grantee{sl heirs and assigns forever. And the saId Grantor(sl does{dol hereby covenant to and with the said Grantee{sl, tr 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 expressly made subject and those made, suffered or done by the Grantee{s}; and subject to reservations, restrictions! dedications! easements! rights of way and agreements,(if , of record, and general taxes and assessments, {including irrigation and utility assessments, if anyl for the curre year, which are not yet due and payable, and that Grantor's} will warrant and defend the same from all lawful claims whatsoever. The officers who sign this deed hereby certify that this deed and the transfer represented thereby was duly authorized under a resolution duly adopted by the board of directors of the Grantor at a lawful meeting duly held and attended by a quorul1). In witness whereof, the Grantor has caused its corporate name to be hereunto affixed by its duly authorized officers this 2nd day of July ! in the year of 1996. President Se (;ret ary STATE OF Idaho , County of Ada , SS. 96056268 On this 2nd day of July in the year of 1996. before me, the undersigned, a Notary Public in and t........ ,......:.... e............... .....f"-..("'-........J.....~a..".....: v,.,," ,,.,,M~""I'" .1. ~: -'; ,'~ .'-. p c r~ n R n r R \.lramee(s,; ano suolect (0 reservatiOns, reStrlCIIOnS, aoolcanons. easements, ngms 01 way ana agreements, lit . of record, and general t~-es and assessments, (including irrigatlor ....d utility assessments, if any) for the curre year, which are not yet ,e and payable, and that Grantor{s) will, ;irant and defend the same from all lawful claims whatsoever. The officers who sign this deed hereby certify that this deed and the transfer represented thereby was duly authorized under a resolution duly adopted by the board of directors of the Grantor at a lawful meeting duly held and attended by a quorum. In witness whereof, the Grantor has caused its corporate name to be hereunto affixed by its duly authorjzed officers this 2nd day of July , in the year of 1996. ,o;ee5 . President Secretary STATE OF Idaho I County of Ada ,55. 96056268 On this 2nd day of July in the year of 1996, before me, the undersigned, a Notary Public in and for-said Stete, persQn~II1'~ed 'Ken-Jensen- . .\. r~' ~#~ .P> \) . -"", ,~ known or iden~~ff'l~t~.~:f1~~ ~Sident M'f~~iP/J~'}~ EI~ecuted the inst(ume€t.ca-'he~ers.o~ ,"h~~x.e~cuted on behalf of said,corporat'Q:llt $"ld aCfnOWIe:J9qd 'to me that such corporation e~c .fm lJ,~. l " .. . . \ ~ .. c Signature. ~ l"" Name: Den Residing at: Meridian My commission expires: 07122/98 .t f\ .f. :; r: R E C-O.R DE R.. ~ ~ ;J /~ ~. L ' .~ i I ;~ F~ ~ ~~~ BOiSe :-J BOISE TITLE & ESCROW .96 JUL 5 Prl 3 28 ~ l'~L' :2f!)O .;::.-.J/ ),,~ rt..~.._.,~,~ REC[)~L ~c :.: ~:E . .:':.iJEST OF Boise Title & Escrow, Inc. WHEN RECORDED. MAIL TO: WESTGATE MORTGAGE CO. 300 WEST 500 SOUTH BOUNTIFUL, UTAH 84010 Order No. T98-52990-JJ Escrow No. T98-52990-JJ Loan No. 602551297 SPACE AD-OVE THJS UN13 FOR RECORDER'S USE Corporation Assignment of Deed of Trust POR VALUE RECEIVED, the undersigned lIereby gnlOt~. assigns and transters to STANDARD FEDERAL BANK all beneficial interest under [hat certain Deed of Trust dated AUGUST 1 7 f 1998 executed by PAUL A. MILLER AND CHRISTINE MILLER, HUSBAND AND WIFE to TRANSNATION TITLE & ESCROW, INC. and recorded as Imtrumcnl N\). on ill honk . of Oflicial Records ill the County RCCllnh::r'.~ orner: of ADA IDAHO . dcserihing lam] therein as: LOT 18 IN BLOCK 9 OF FOTHERGILL POINTE SUBDIVISION NO.2+, ACCORDING OFFICIAL PLAT THEREOF, FILED IN BOOK 69 OF PLATS AT PAG~S 7059 AND RECORDS OF ADA COUNTY, IDAHO. A.P.N.: R2904330170 , Trustor, . Truslcc. . page CUll Illy , TO THE 7060, TOGETHER with the note or notes therein described or referred [0, the money due and to become due thereon wilh intercSI, and all rights accrued Of to accrue under sakI Deed of Trust. STATE OF IDAHO COUNTY OF ADA on,4..,..:, /7, /P'T!i' personally appeared /JCNf~9 SS. WESTGATE MORTGAGE CO., A UTAH CORPORATION before me, 1.3 ~/E.l..Z~ ;</t'~ /' pcrronally known to m(' (or pnwed 10 me on the ha~i~ of .o;atisfactmy evidence) to be the person(.s) who:>e name(s) is/are suhscribed to the within instlUlllcfll ami acknowledged to me lhat helshe/thcycXC'cuted the same in hiSlherltheir authorized capacity(ies), and tflat by hislherltheir signature(s) on the instrument the per.><m(s), or the entity upon behalf of which the person(s), acted, erecuted the instrument. WITNESS my hand and 07. S;g,,,ure -4 .LW~ r---...........--.........~-"-- /::J;!:~ N'.lf"IY f'f,htir: r_. r(';';:u" -. ~~:'J~'\ r(fl.lY s, MnfltfV '9/ t g' : 1 ,.~. \!! ~t~r... ":.~ l;.:'1fl ~:--I tr J I :", ~ ~ ,Y . :""",1,', .,! .llhh j, 1~ I:~ fr)u~:afeit' for o'ffi?i.;rn6tlTi~I;;~eal) , .. -.,. --. ...~_ __ 4_ ~ ..::... :........ ~__t __ __ -- ...---- ) ~ J:'-M! . " ---:"- .~ ::;>' I .. ~ , ,. I l/Il .,4 .s' KEELE MICHAEL SHANE KEELE LORI 667 E COUGAR DR MERIDIAN ID 83642-0000 GRAY EDWARD R II 645 E COUGAR DR MERIDIAN ID 83642-4419 BAINE JAMES E & JILL S SERRA JOHN R & NOLA R 2523 N CAPECOD WAY MERIDIAN ID 83642-0000 BROWN TODD E & BROWN PAMELA D 623 E COUGAR DR MERIDIAN ID 83642-4419623 E COUGAR DR CLAY STEVEN P CLAY SUSAN M 1900 E MEADOWGRASS ST MERIDIAN ID 83642-7314 2499 N CAPEcOD WAY TOMPKINS JOEL L & TOMPKINS NICKOLI R 2520 N CAPECOD WAY MERIDIAN ID 63642-4411 DAVIS WALTER S & DA VIS REGINA K 601 E COUGAR DR MERIDIAN ID 83642-4419 NAAF RUTH M 2485 N CAPECOD WAY MERIDIAN ID 83642-0000 PAUL MILLER - 645 E. GROUSE CT. PROPERTY OWNERS WITHIN 200' FACKELMAN TIMOTHY ALLEN 646 E GROUSE CRT MERIDIAN ID 83642-0000 D' ARCY JULIE A 579 E COUGAR DR MERIDIAN ID 83642-0000 SMITH TROY E 2477 N CAPECOD WAY MERIDIAN ID 83642-4412 DE BOER JAMES E DE BOER JUDY 2499 N LARK AVE MERIDIAN ID 83642-0000 BADGER RYAN C BADGER ANGELA K 660 E GROUSE CRT MERIDIAN ID 83642-0000 FREEMAN JOHNNA K 557 E COUGAR DR MERIDIAN ID 83642-4419 BIRD TROY N & BIRD JENNIFER 2465 N CAPECOD WAY MERIDIAN ID 83642-4412 MILLER PAUL A & MILLER CHRISTINE 645 E GROUSE CT MERIDIAN ID 83642-4414 MONTGOMERY KEVIN B & TERRI JO 2477 N LARK AVE MERIDIAN ID 83642-3473 AL TRINGER SCOTT & AL TRINGER CAMILLE A 598 E BROWN BEAR ST MERIDIAN ID 83642-4415 GARRARD DALE L & GARRARD ERIN 0 599 E BROWN BEAR ST MERIDIAN ID 83642-4415 MABEY GLENN D 682 E GROUSE CT MERIDIAN ID 83642.4414 LARSON SUSAN B 2396 N CAPE COD WAY MERIDIAN ID 83642-0000 BIRD BRETT T & BIRD TRACY M 2446 N CAPECOD WAY MERIDIAN ID 83642-4412 HA WE RALEIGH HA WE DIEUW 530 E BLUE HERON LN MERIDIAN ID 83642-5544 HEDRICK WENDY L 2451 N LARK AVE MERIDIAN ID 83642-3473 PHIPPS JAMES E & PHIPPS URsULA 667 E GROUSE CT MERIDIAN ID 83642-4414 MENDOZA GEORGE & MENDOZA ELIZA BETH 700 E GROUSE CT MERIDIAN ID 83642-4414 DILULO THOMAS C & DILULO DARIN L 2424 N CAPECOD WAY MERIDIAN ID 83642-0000 FISHER ROBERT T & FISHER BEVERLY D 2429 N LARK AVE MERIDIAN ID 83642-3473 OLDROYD BRENT RAND HAYES KIMBERLY A 689 E GROUSE CT MERIDIAN IlJ83642-4414