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Capitol Development MAYOR ROllERT D, CORRIE ,. -,. A:\ ." ';'''-fl'.'' ,'J f ",;"i "'r~' I 'l':-t r" . '. .. ~r " ;l /"" ".'rc-2i. .';- " t'n!"{i ((i' ctre;;dld!l'~C \ ID,\II() ~: "0, j ~r / ~ / c\-rJ:)( ",I Pi _ 0..... \v} ..\.l .l.J.fi'l-::::,";' 0 ~--~ ~l'<<:( l~OJ GAI{y D, SMITII. P. E PVllUC WORKS DIRECTOR COUNCIL MEMBERS WILL1,\M L. M, NAllY KElTlI BIRD TAMI-1Y D~.WEI,RO CIIERIE MCCA:-;DLESS " BRAD R WATSON. P E. Crry ENGINEEI( DAUNT WHITMAN BUILDING OFFICIAL p~ W~ D~: ~ /)~ RECEIVEr) April 2, 2003 APR ~ L, 2003 Capital Development 6200 N. Meeker Place Boise, Idaho 83713 City of Meridi:an City Clerk OfflCb RE: FENCE VARIANCE REQUEST - 1518 W. Crescent Court. Dear Mr. Vargason: The Fence Variance Committee of the City of Meridian, met at 5:00 P.M., April 2, 2002 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 five (5) foot tall Vinyl fence in your side street setback area. There was no opposition to this variance request 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 13 feet - 0 inches from the yard side edge of sidewalk along North Zion Park Way. 2. The ground area between the fence and sidewalk shall 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 thii 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. 660 E Walertower Lane, Sle 200 Meridian ID 83642 (208) 887-2211 Fax (208) 887 -1297 MAYOR ROBERT D. CORRIE j. :1'.-" .,....-~;o-..~.....~<i,J f , ,- !1' . 1f". ~l .:':;'~!",1;~~ otGU1Y('" l"L~!'-li.:!.i,_ , '{1- erldial1 ,,~,f \ ill.\ll( I ~~ ~ J ,-',. ,( .. (~"i' - O/~ (:"1 L .l;"'i,/ i1l!:k.LH(;^SUlli..-~ . 'i--\"(U 1903 GARY D, S,'-'lITIl, P,E. PUIlLlC WORKS DlrU,CTOR " COUNCIL MEMBERS WILI.lAM L. M. NARY KErrll BIRD TAMMY DEWEERD CIIERIE MCCANDLESS " ',' BRAD R WATSON, P.E, CiTY ENGINEER DAUNT WHITMAN BUILDING OFFlCII\l. p~ Wc.Jw f)~ ~ /)~ 7, "Any aggrieved party may appeal the decision of this committee directly to the City Council pursuant to subsection 11-15-7 of the City Code, All Appeals shall be filed with the City Clerk within fifteen (15) calendar days after the decision of the Committee and shall specify the grounds upon which the appeal is filed. An applicant receiving an approved variance request is hereby advised to allow the specified fifteen (15) day appeal fHing time to pass before beginning fence installation," 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. Sincerely, ~ o);z:;;:;6 Bruce D. Stuart Fence Variance Committee Cc: File, Bldg. Inspector, City Clerk 660 E Watcrtower Lane, SIC 200 Meridian 10 83642 (208) 887 -2211 Fax (208) 887 -1297 W. Monument SU"" \ ~ 7- () ~ t{ E- O ~ ~* 151S .,\,rit Q}" ...v \-.1' cf .HrS.. ./ (?'Y,'j('7'0 v- ~ 5 ahctlIS~/1 E as.OO' ~- ,./' ~\ ~"(>.'\\ xt(\l.~ ~ 1c--mP (Ot~;: ~,"~~~j ",'..0' i <:S;) ~ () . ., (f\ d) ; 0(1' X0J . ," ~ 3= ~ a p.. ~ o N i. f"~oP05a:> ~\N'" \..Oi 'l e\..oc.~ A ./ --- / ,<;'..0' r ( \ (' /' 'c.06 rJ /' \( (' / / fA,,!lJ I RJ' \..-y'V .., c 6. , ,,'-.'" ~ co N B1"n'54" ill 2h.3h' N e~o;;1'22'\ Ul 33.51' W. Crescent Court pt.-o, pt.-AN eca\$' \". 10' , c CITY OF MERIDIAN MERIDIAN FENCE COMMITTEE MEETING AGENDA Wednesday, April 2, 2003 City Council Chambers FENCE COMMITTEE MEMBERS: / Mr. Gary Smith, P.E., City Engineer !3r/{er' stUA<t + _ Mrs. Cherie McCandless, City Council ~ieutenant Dave Bowman, Meridian Police Department _/Mr. Keith Borup, Planning and Zoning Chairman ITEMS FOR REVIEW: Item No.1 4:30 p.m Michael Scott 2520 North Marburg Avenue Lot 16, Block 13 Turtle Creek Subdivision Item No.2 4:45 p.m. Michael and Meredith Huebschmann 2328 West Whitelaw Drive Lot 2, Block 16 Turtle Creek Subdivision No.2 Item No.3 5:00 p.m. Capital Development, Inc. Lot 2, Block 4 Baldwin Park Subdivision (Hi.. or:.. Please contact the City Clerks Office at 888-4433 if you are unable to attend the above Fence Committee Meeting ~. " MAYOR Robert D Come HUB OF TREASURE VALLEY A Good Place to Live LEGAL DEPARTMENT (208) 288-2499 . Fax 288-2501 PUBLIC WORKS (208) 898-5500 . Fax 887 -] 297 CITY COUNCIL MEMBERS Wilham L M. Nary KeHh Bird Tammy deWeerd Cherie McCandless CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 . Fax (208) 887-4813 City Clerk Office Fax (208) 888-4218 BUILDING DEPARTMENT (208) 887-2211 . Fax 887-1297 PLANNING AND ZONING (208) 884-5533 . Fax 888.6854 fENCE VARIANCE APPLICATION (RE: Meridian Zoning Ordinance) APPLICANT SHALL BE A T THE PUBLIC HEARING: APPLICANT NAME: Capital Development, lnc, PHONE: (208) 377-3939 ADDRESS: 6200 N. Meeker Pl., 8oise, Idaho 83713 OWNERS NAME & ADDRESS: (If different than above) P.O. Box 140573, Boise, IBaho 83714 J.L. Homes, PROOF OF OWNERSHIP: (COPY OF DEED OR OPTION MUST BE ATTACHED) LEGAL DESCRIPTION OF PROPERTY: LOT# 2 BLOCK# 4 SUBDIVISION: Baldwin Park Subdivision PRESENT USE & ZONING OF PROPERTY: R8 SCHEMATIC DRAWING: ATTACH DRAWING SHOWING BUILDING, STREETS & PROPOSED FENCE. SURROUNDING PROPERTY OWNERS: LIST OF THE MAILING ADDRESSES OF ALL PROPERTY OWNERS (OBTAIN LIST FROM MERIDIAN PLANNING & ZONING DEPARTMENT) WITHIN TWO HUNDRED (200) FEET OF THE EXTERNAL BOUNDRIES OF THE LAND BEING CONSIDERED. DESCRIPTION OF REQUIREMENTS OF THE O~OlNANCE THAT NEED TO BE REDUCED TO PREMIT THE PROPOSED FENCE: Please see attached ATTACH APPLICATION FEE OF $ $50,00 ATTACH STATEMENT THAT FENCE IS ALLOWED UNDER THE RESTRICTIVE COVENANTS THE SUBDIVISION OR A COPY OF THE REST COVEN NTS PERTAINING TO FENCES. '2 (0) S : 00 f (\-"',. APPLICANT'S SIGNATURE: DATE RECEIVED: 3-t;-G3 COMMITTEE HEARING RECEIVED BY: jf>.AQ /It. 3 ~ Baldwin Park Neighborhood Association 6200 N. Meeker Place Boise, Idaho 83713 February 25, 2003 City of Meridian 660 E. Watertower Lane, Ste 202 Meridian, Idaho 83642 Re: Fence Variance Application To Whom It May Concern: The Architectural Control Committee for Baldwin Park Neighborhood Association has reviewed the application for fence variance on Lot 2 Block 4 Baldwin Park #1. The ACC approves the fence as submitted with similar upgraded landscaping. Sincerely, ~y~L~6~ ACC Member NOTICE OF HEARING NOTICE IS HEREBY GIVEN, 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 April 2, 2003, for the purpose of reviewing and considering the application of Capital Development, Inc. for a variance from the Meridian Fence Ordinance at the property legally described as follows: Lot 2, Block 4 of Baldwin Park Subdivision. The Applicant proposes a reduction of the required distance from 20 feet to 13 feet. The public is welcome. The Applicant is required to attend. 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 5th day of March, 2003 r;;,'.o" 7.. () N - tS '" E- 6 ~ G"_ _ De\{, 'S\~~ r>..l' J/ v--I' rf, , ~,r3-. [?' ~ .pt! 'Of 01' "v- ii' e.. e.~(>\'Shll E es.OO' e,-l....otl rotaOP05a:' Ou.lE\,.\..\N~ \,.0'1' '1 e\..OCK. 4 d'l ;'t SO&.~ d) ~/@/ t .-" / ("" / /' '6 6. N eR/,'311?2" ill $'3.~' N e."(>\1'~41\ ill Z~.$~' p\..Oi p\..AN e.c.aI6' \". \0' CITY OF MERIDIAN MERIDIAN fENCE COMMITTEE MEETING AGENDA Wednesday, April 2, 2003 City Council Chambers FENCE COMMITTEE MEMBERS: Mr. Gary Smith, P.E., City Engineer Mrs. Cherie McCandless, City Council Lieutenant Dave Bowman, Meridian Police Department Mr. Keith Borup, Planning and Zoning Chairman ITEMS FOR REVIEW: Item No.1 4:30 p.rn Michael Scott 2520 North Marburg Avenue Lot 16, Block 13 Turtle Creek Subdivision Item No.2 4:45 p.m. Michael and Meredith Huebschmann 2328 West Whitelaw Drive Lot 2, Block 16 Turtle Creek Subdivision No.2 Item No.3 5:00 p.m. Capital Development, Inc. Lot 2, Block 4 Baldwin Park Subdivision Please contact the City Clerks Office at 888-4433 if you are unable to attend the above Fence Committee Meeting MAYOR Robert D. Corne HUB OF TREASURE VALLEY A Good Place to Li ve LEGAL DEPARTMENT (208) 288-2499 . Fax 288.250] PUBLIC WORKS (208) 898-5500 . Fax 887 -1297 BUILDlNG DEPARTMENT (208) 887.221[ . Fax &87-1297 PLANNING AND ZONING (208) 884-5533 . Fax 888-6854 CITY COUNCIL MEMBERS Wilham L. M. Nary Keith Bird Tammy deWeerd Cherie McCandless CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433' Fax (208) 887-48[3 City Clerk Office Fax (208) 888-4218 FENCE VARIANCE APPLICATION (RE: Meridian Zoning Ordinance) APPLICANT SHALL BE AT THE PUBLIC HEARING: APPLICANT NAME: Capital Development, lnc, PHONE: (208) 377-3939 ADDRESS: 6200 N. Meeker Pl., Boise, Idaho 83713 OWNERS NAME & ADDRESS: (If different than above) P.O. Box 140573, Boise, raaho 83714 J.L. Homes, PROOF OF OWNERSHIP: (COpy OF DEED OR OPTION MUST BE ATTACHED) LEGAL DESCRIPTION OF PROPERTY: LOT# 2 BLOCK# 4 SUBDIVISION: Baldwin Park Subdivision PRESENT USE & ZONING OF PROPERTY: R8 SCHEMATIC DRAWING: ATTACH DRAWING SHOWING BUILDING. STREETS & PROPOSED FENCE. SURROUNDING PROPERTY OWNERS: LIST OF THE MAILING ADDRESSES OF ALL PROPERTY OWNERS (OBTAIN LIST FROM MERIDIAN PLANNING & ZONING DEPARTMENT) WITHIN TWO HUNDRED (200) FEET OF THE EXTERNAL BOUNDRIES OF THE LAND BEING CONSIDERED. DESCRIPTION OF REQUIREMENTS OF THEOf3,DINANCE THAT NEED TO BE REDUCED TO PREMIT THE PROPOSED FENCE: Please see attached ATTACH APPLICATION FEE OF $ $50.00 ATTACH STATEMENT THAT FENCE IS ALLOWED UNDER THE RESTRICTIVE COVENANTS THE SUBDIVISION OR A COpy OF THE REST T COVEN NTS PERTAINING TO FENCES. j APPLICANT'S SIGNATURE: , \ ') '2(3) @ S '.00 f \"r\. DATE RECEIVED: 3.~-6'3 COMMITTEE HEARING RECEIVED BY: jf'l..Ac~ 'I'v- 3~(,^ FEB-21-2003 FRI 03:05 PM STEWART TITLE FAX NO. 20B 3"(( 02Bb 1-'. UC """ -. ADA COUNTY RECORDER J, DAVID NAVARRO BOISE IDAHO 12120/02 fJ4:53 PM DEPUTY MichefIe Turner RECORDED-REQUEST OF Slewar( Tille Company AMCIUNT 3.00 1111111111 IIIIUI/lIIII/lII 111111 Illf Hl215425€. p j' . l I .. :' ~. .- WARRANTY DEED For Value Rcceived J. RAMON YORGASON AND MARILYN YORGASON, Husband and Wife the Gmmor hereby grants. bargains. sells, conveys and warrauts unto J.L. HOMES, INC., an Idaho Corporat~on the Grantee whose currell( address is: P.O. Box 140537 Bo~set Idaho 83714 the folIowing described premises, Io-wiI: Lot 2 :I.n IlJ.ock 4 of BALDWIN PARK SUBP;rvISIoN NO, )., a~cording to the Off~~pJ.at thereof f~~ed ~n Eook 85 oe P1ats at Pages 95J.6-9517, as Instrument No. 102145392, records o~ Ada County, Idaho. Parcel Number: SUBJECT TO: Current Gene.-al Taxes. a lien in the process of a!;s~ssment, not yet due or payable. Easements, restrictions, reservalions, provisions of record, :u1d assessments, if any, 1'0 HAVE AND TO HOLD the said premises, with their appurtenances UntO the said Grantee, their heirs and assigns forever. And the said GrantQr does h(~reby covenant to and with the said Grantee, that it is the ownr,fee simple of said premises; Ihat said premises arc fr~e from all encumbrances and that he will war'rant and clere d Ihe same from all lawful claims whatsoever. D~t~'.; December 18, 2002 > (~' .'< , ')[ I /:~7'" ", / '~'1 ~;; , , /} f _ _' _ " 1// ,r,'t,:!.r'I.....- J ' ON YORGA N ( , \ I "\... '\ .'? ~ F J.. c:"-.r.~ ~ .. ' ".'__ MA:R.:tL~ OR SON Slate of IOARO 5S. COUnty of ADA all this 1 a th day of December undersigned, a Notary Public, in and for said State, personally appeared MARrLYN YORGASON 200 2 . before me; the J. RAMON YORGASON AND , known to me, and/or identified to me on [he basi!> of satisfactory evidence, 10 be the person(s) whos~ name is/are SUbscribed to the within instrument and lleknowledged 10 me that the~ executed the same. wn1::H~~AL Not'ary Public TRINA N:tSHITANI Residing at: CALDWELL, IDAHO Commission Expires: 6/2 B /20 03 (SEAL) 1',......-.-... -' .., .. '-, 1 'f~;,'t).^ f.' ~ ~r~. .."..../".:::- (~l- '........-::-[111.1:1.1' l~! ~~>'l , ,. ~.. . ~ I\':.";......~ ~r-""\r'l' \I ' ."L .r!i'__.~' ~ ~ ~~'''J"'l: ":"'r.~~ ('.~ r,: (.'11.~ t. Il : ~ '..~""'~' .. ..u _ ._. _.. ,. _ r..~~ c.;: !','," ',~~::dL.rJ r."o.::. ~~~: ~'. G-.....".... 3 FIle No. Slcwon Tille W...l't~NTl( DEED (Tudlvl",,'l) Roy. O'I2(W'l (lDWDS) 02/21/2003 10:1; FAX 2088886854 MJ:::IU1JIAN l'&Z j)J;:;l'T. IgjUU'::: PROPERTY OWNERS WITHIN 200' LOT 2. BLOCK 4 BALDWIN PARK SUBDIVISION NO.1 VaRGASON J" RAMON VORGASON MARILYN 6200 N MEEKER PL BOISE ID 83713-0000 N LINDER RD W MONUMENT ST 1548 W CRESCENT CT 1530 W CRESCENT CT 4191 N ZION PARK WAY 4196 N ZION PARK WAY 1553 W CRESCENT CT 4188 N ZION PARK WAY 1541 W CREsCENT CT 1529 W CRESCENT CT 4189 N ZION PARK WAY 4176 N ZION PARK WAY 4163 N ZION PARK WAY 4138 N ZION PARK WAY MILLER BEN 2883 W BALATA CT MERIDIAN II) 83642-0000 4120 N LINDER RD 02/21/2003 10:17 FAX 2088886854 I I MERIDIAN P&Z DEPT. 141003 / 8-4-5, FENCE REGULA TJONS: 2/J 7/03 12:05 PM 8-4-5: FENCE REGULATIONS: A. Electric Fences Prohibited: Electric fences are prohibited within the corporate limits of the City. S. Barbed Wire Fences: Barbed wire may be permitted in commercial and industrial zones only when used as the top section for security fences and shall be a minimum of seventy two inches (72") above grade. C. Open Vision Fences: Open vision fences can be built to the property line in commercial and industrial zones. D. Walls, Latticework And Screens: For the purposes of this Section, walls, latticework and screens shall be considered to be fences and shall be built and maintained in compliance with the provisions hereof. E. Use Of Unsightly Materials: The use of boxes, sheet metal, old or decayed wood, broken masonry blocks or other like unSightly materials for fencing is hereby prohibited, F. Residential And Limited Office Districts: Upon and within lots in all residential districts and limited office districts for dwelling units: 1. Interior Lots: Solid or closed nonvision fences to a height of thirty six inches (36"), or open.vision type fences to a height of forty eight inches (48"), may be built from the front of the dwelling unit to and including the front property line, Fences to a height of seventy two inches (72") may be built from the front of the dwelling unit to and including the rear property line. "---- 2, Corner Lots; Clear Vision Triangle: a, Any open-vision fence, wall or planting on or within the clear vision triangle shall be limited to thirty six inches (36") in height measured from the crown of the street. .I b. Solid or closed nonvision fences to a height of thirty six inches (36") or open.vision type fences to a height of forty eight inches (48") may be built along the front property line and along the side property line to the front of the dwelling unit, except that a fence of seventy two inches (72") in height may be built upon street and side property lines from the front of the dwelling to the rear property line; provided, that no closed nonvision fence which exceeds thirty six inches (36") in height may be erected in the clear vision triangle, (Ord. 285, 11 .3-1975) G. City Policy And Conditions For Permitting Fence Construction: 1. Conditions And Requirements: The policy for the permission to, and the conditions and restrictions imposed by the permission to, construct and erect fences within public right of way is hereby established as follows: a. Where a sidewalk four feet (4') wide or more exists, an applicant may construct a fence immediately adjacent to the sidewalk on the dwelling side. When a sidewalk does not exist, the applicant must provide a reasonably level walkway not less than: 1) five feet six inches (5'6") wide if adjacent to a collector or arterial street, or 2} four feet six inches (4'6") wide if adjacent to a residential street, measured from the back of the curb or curb line. b. The design of the fence shall receive prior approval of the Council and must be built in compliance with such prior approval and in accordance with plans and specifications submitted to receive Council approval. c. Fences shall not exceed four feet (4') in height in the front setback area or six feet (6') in height elsewhere on property to be fenced, and shall otherwise comply with the zoning and building ordinances of City, d. The fence, regardless of the type or material used, shall be built of materials meeting Building Code 25 requirements for structural stability, fire resistance, safety, etc. e. The fence and all appurtenant structures and/or footings shall be removed at the expense of the property owner within thirty (30) days after proper notification by the Mayor and Council to do so. (Res. 60, 11-3-1975) f. The applicant shall fumish and maintain liability insurance in which City shall be named as the named insured in the minimum amount of live hundred thousand dollars ($500,000.00) for bodily or personal injury, death or property damage or loss as the result of anyone occurrence or accident. (Res. 60, 11.3.1975; amd. 1999 Code) g. All work, such as grading, seeding or paving between the proposed fence to be erected on public property and the curb or street travelway, shall be at the expense of the property owner and in accordance with the requirement and specification of the Ada County Highway District. h. If the Council approves the application, the applicant must obtain a building permit from the Department of Building before commencing the construction or erection of said fence. 2. Revocation 01 Permission: The right, privilege and permission to construct and erect a fence upon and within a public right of way is SUbject to revocation at the will of City, with or without notice, and any expense incurred by the applicant in the construction and erection of a fence within a public right of way shall be done at the applicant's own expense and risk, 3. Limited Rights Of Permittee: The applicant will, upon the approval by the Council of the right, privilege and permission to so construct and erect a fence, execute an agreement that he shall acquire no property or contractual right in and to such public right of way. Whenever the City or the Ada County Highway District deems it necessary as a proper police measure to vacate and revoke such fence permit, the applicant has no alternative but to comply with the order of revocation. (Res. 60, 11.3-1975) http://66,J 13,195,234/ID/Meridiall/1 0004000000005000.hl'" Page 1 of 1 02/19/2003 10:21 F~~ 2088886854 MERIDIAN P&Z DEPT. 11-20-2 11-20-2: FENCES: See below for illustrations of fence regulations. FENCES REGULATIONS Fence Regulation ,,",SlOe: LOT l\..,:H ^.! CITY OF' M5RJOJAN 7~a"'.'ld$..n St-tlllloGll 5!'oS~ ,~ f\,')" Fence Regulation, <::Of'.N"EJ'Il..OT .../ ~ ~...."[~c. ,/ \. Leave Oo~n Accc~s "'- tD ~lHe.r !'Ie tE r~, F Ire ~.)'or'ont. ?owe.~ 7X'.3T1StO:JnQl"":; i t:''': c:ounc .. 4,::r;;~ r 6' "ocd, Sol io ( Or Q~en Fence I I.. ,I ,. ~ood Dr solid Fencl!. .~ ,a.-en FenCl: 30''"l''-Y 30' "- 0' Site Triangle 3' Clloln LInk "3) ~r Qp,m F"n~e , Lalve. Ope.n AC~e.S~ ~ to \I.~ar' I'Iltcn , Fir. Hrdl"ont.. I'C\JC r ":';:oan:!l form~ <'~ . )' lIoe.;! or So lid Fen,c Dr ~ I O,en Fence \ '> ...(,,-r::~' ",<, "'~'" m<< (Ord.5.57, 10-1-1991) Q-ll City of Meridian I4J 001 11-20-2 ,/, r"\ :.~I p\ I " .J} C~U /1) \)V /-;/ ,J; :( \ ( r, b' , v/ n)3 "j ~~\ to be sodded. Concrete slab, rock or gravel may not be used as landscaping to provide parking adjacent to driveways. If access to the back yard for vehicle storage is desired, requests should be made to the Architectural Control Committee. Plants and materials used for such access must be approved prior to installation. A concrete slab next to the driveway will not be approved. (a) The landscaping of each Lot shall include two (2) large trees (a combination of deciduous, at least 2.5" caliper or pine trees of at least eight (8) feet in height) or three (3) medium size trees (a combination of deciduous trees of at least 2" caliper trees or six foot evergreens) and five (5) five-gallon plants and five (5) two-gallon shrubs or bushes in the front yard. Grass or hydroseed shall be planted in the back yard within twelve months of occupancy. In the event of undue hardship due to weather conditions, this provision may be extended for a reasonable length of time upon written approval ofthe Architectural Control Committee. (b) Each Lot Owner shall be responsible for keeping his or her yard and landscaping in good condition. Owner shall provide adequate irrigation and maintenance of trees and landscaping, shall control weeds, and maintain the Owner's Lot in a clean and safe condition free of debris or any hazardous condition. Weeds shall be cut to less than four (4) inches. The Association will have the right to maintain the yard and landscaping if it is not maintained. Costs incurred by the Association in connection with such maintenance will become a Limited Assessment. (See Art. 1, Section 11). Section 11. "Fences" - Fences are not required. If a fence is desired, the Architectural Control Committee shall approve the plans prior to construction. Fences shall be of good quality and workmanship and properly maintained. Fences may not exceed six (6) feet and may be cedar, vinyl or wrought iron (see below). The color of all cedar fencing shall be approved by the Architectural Control Committee. All fence setbacks must meet Meridian City Code and ACHD vision triangle. ----- (a) Fences shall not be built closer to the front of the Lot than five (5) feet behind the front comer of the house on either side, Fences shall not extend closer than twenty (20) feet to the front street right of way. On comer Lots, fences shall not be built closer than twenty (20) feet to any side street right of way without the express approval of the Architectural Control Committee. No fences shall be higher than six (6) feet. Six (6) foot privacy fences are allowed on Lots on Lot lines not adjacent to Common Areas. (b) For back yard fences along park area, which is Lot 1 Block 5, fences must be wrought iron only. (c) On Lots, which are adjacent to a pathway, if a fence is desired along the borders of the pathway, (excluding entrance or perimeter fencing), the fence must be wrought iron, cedar (picture-frame style), or vinyl and not to exceed four-feet (4') in height. (d) On Lot 15 Block 4 there is a fenced walkway leading south for students attending the Middle School. The fence will be a 4' picture frame cedar. (e) lfthe Declarant should provide any fencing, as may be done along some Common Areas, where required for safety, or for whatever reason, the Owner on whose Lot line the fence is built must assume responsibility to maintain said fencing. , (f) The location of fences, hedges, high plantings, obstructions, or barriers shall be so situated as not to ! unreasonably interfere with the enjoyment and use of neighboring properties and streets and shall not be allowed to I, constitute an undesirable, nuisance, or noxious use. The determination of the Architectural Control Committee shall be I binding on all parties as to whether an undesirable, nuisance, or noxious use exists. I See "Dog Runs" (Section 14) as they pertain to fencing requirements. be '. See "Vehicle Storage" (Section 12) as it pertains to fencing and the amount of setback required if the vehicle height extends above the fence. ---section 12, "Vehicle Storage" - Parking of boats, trailers, motorcycles, trucks, truck-campers, and like equipment, or junk cars or other unsightly vehicles, and like items, shall not be allowed on any part of said properties nor on public ways adjacent thereto excepting only within the confines of an enclosed garage or other approved enclosure~ and no portion of same m~ project beyond the enclosed area. Parking of automobiles or other vehicles on any part of the properties or on public ways adjacent thereto shall be prohibited except within garages, carports, or other approved areas. Garage driveways shall not be extended on either side for additional parking. For the purpose of this Section, an approved area may be beside the house, but not on a street side, and screened with a six (6) foot solid vinyl or cedar fence or landscaping enclosure, which screening is approved by the Architectural Control Committee. If the height of the stored item is greater than the height of the front fence, the item must be stored two (2) feet farther from the front fence for each BALDWIN PARK SUBDIVISION No. 1, DECLARATIONS OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 4 Baldwin Park Neighborhood Association 6200 N. Meeker Place Boise, Idaho 83713 February 25, 2003 City of Meridian 660 E. Watertower Lane, Ste 202 Meridian, Idaho 83642 Re: Fence Variance Application To Whom It May Concern: The Architectural Control Committee for Baldwin Park Neighborhood Association has reviewed the application for fence valiance on Lot 2 Block 4 Baldwin Park #1. The ACC approves the fence as submitted with similar upgraded landscaping. Sincerely, 5dY~~on t~6~~ ACC Member