Johnson, Rob & Michelle
MAYOR
ROllERT D. CORRIE
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GARY D. SMITIl, PE.
PUBLIC WORKS DIRECTOR
COUNCIL MEMBERS
WILLIAM L. M, NARY
KEITH BIRD
TAMMY DEWEERD
CHERIE MCCANDLESS
BRAD R. WATSON, P.E,
CITY ENGINEER
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LEN GRADY
STAFF ENGINEER
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May 21,2003
RECEIVED
Rob and Michelle Johnson
2340 South Alaska Way
Meridian, Idaho 83642
MAY 23 2003
City of Meridian
City Clerk Office
RE: FENCE VARIANCE REQUEST - 2340 South Alaska Way.
Dear Mr. And Mrs. Johnson:
The Fence Variance Committee of the City of Meridian, met at 5:00 P.M., May 21,2003 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 Vinyl fence in your side street setback area. There was 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 10 feet - 0 inches from the yard side edge
of sidewalk along West Cave Bear Court. Also you have agreed to work with the
property owner to the East, and have agreed to forty-five the SouthEast corner as
shown on the drawing.
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 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.
660 E Watertower Lane, Sle 200 Meridian ID 83642 (208) 898-5500 Fax (208) 887-1297
i
MAYOR
ROBERT D, CORRIE
GARY D. SMITH, P.E.
PUBLIC WORKS DIRECTOR
COUNCIL MEMBERS
WILLIAM L. M. NARY
KEITH BIRD
TAMMY DEWEERD
CHERIE MCCANDLESS
BRAD R. WATSON, P,E.
CITY ENGINEER
LEN GRADY
STAFF ENGINEER
P~W~D~~D~
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 filing 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,
~f)~-
Bruce D. Stuart
Fence Variance Committee
Cc: File, Bldg.lnspector, City Clerk
660 E Watertower Lane, Ste 200 Meridian lD 83642 (208) 898-5500 Fax (208) 887-1297
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CITY OF MERIDIAN
MERIDlAN FENCE COMMITTEE MEETING
AGENDA
Wednesday, May 14, 2003
City Council Chambers
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FENCE COMMITTEE MEMBERS:
./ Mr. Gary Smith, P.E., City Engineer 13. Nt~t: 5, +~A:~'\-
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
Gary and Laura Hale
714 West Calderwood Street
Lot 1, Block 3
Bear Creek Subdivision
Item No.2 4:45 p.m.
Rob and Michelle Johnson
2340 South Alaska Way
Lot 12, Block 7
Bear Creek Subdivision
Please contact the City Clerks Office at 888~4433 if you are unable to
attend the above Fence Committee Meeting
CITY OF MEIUDlAN
Planning & Zoning Department
660 E. Watertower Ln., Ste. 202, Meridian, ill 83642
(208) 884-5533 Phone / (208) 888-6854 Fax
FENCE VARIANCE APPLICATION
(RE: Meridian Zoning Ordinance - Section 11-15 and 11-16)
ADDRESS: ~3L\ D '
APPLlCANTNAME:20bc\ m,che)(e..- Joh.-V\~(\ PHONE: <6o/b-DScgCj
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OWNERS NAME & ADDRESS: (If different than above)
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PROOF OF OWNERSHIP: (Copy of deed or option must be attached)
LEGAL DESCRIPTION OF PROPERTY: LOT#~ BLOCK#l SUBDIVISION: 'AeJ.J.Jf [Y C. e.t-
PRESENT USE & ZONING OF PROPERTY: ~O' '% St rJ of Ifr fD 0... ~ -
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 Department, 884-5533) within two hundred feet (200') of the external boundaries of
the land being considered.
Description of requirements of the ordinance that need to be reduced to permit the proposed fence:
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Attach application fee of: $50.00
A IT ACH 8T A TEMENT TRA T FENCE IS ALLOWED UNDER THE RESTRICTIVE COVENANTS OF THE
SUBDIVISION OR A COpy OF THE RESTRICTIVE COVENANTS PERTAINING TO FENCES.
Applicant's Signature~ihoj Pi ~
Date Received: +-24-03 Committee Hearing Date: 5-\4-08 Received By: ~Jl1\to. J:1(\.~~fY\ (
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CITY OF MERIDIAN
NOTICE OF CONTINUED 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 Continued Public Hearing at the
Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 5:00
P.M., on May 21, 2003, for the purpose of reviewing and considering the
application of Rob and Michelle Johnson for a variance from the Meridian
Fence Ordinance at the property legally described as follows: Lot 12, Block 7 of
Bear Creek Subdivision and known by the address of 2340 South Alaska Way.
The Applicant proposes a reduction of the required distance from 20 feet to 10
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 14th of May, 2003
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CITY OF MERIDIAN
MERIDIAN FENCE COMMITTEE MEETING
AGENDA
Wednesday, May 21,2003
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
Russ and Kathy Poole
2647 South Spring Bar
lot 1, Block 8
Salmon Rapids No.4
Item No.2 4:45 p.m Gary and laura Hale
714 West Calderwood Street
lot 1, Block 3
Bear Creek Subdivision
Please contact the City Clerks Office at 888~4433 if you are unable to
attend the above Fence Committee Meeting
Item No.3 5:00 p.m. Rob and Michelle Johnson
2340 South Alaska Way
lot 12, Block 7
Bear Creek Subdivision
CITY OF MERIDIAN
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 4:45 P.M., on May 14,
2003, for the purpose of reviewing and considering the application of Rob and
Michelle Johnson for a variance from the Meridian Fence Ordinance at the
property legally described as follows: Lot 12, Block 7 of Bear Creek Subdivision
and known by the address of 2340 South Alaska Way. The Applicant proposes
a reduction of the required distance from 20 feet to 10 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 24h of April, 2003
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Bear Creek, LLC
6223 North Discovery Way Ste 100
Boise, ID 83713
Alan C. Hester
3604 West Patel
Meridian, ID 83642
Robert and Michelle Johnson
2340 South Alaska Way
Meridian, ID 83642
Kevin and Natalie Dowdle
347 West Cave Bear Street
Meridian, ID 83642
Darryl and Marla West
291 West Cave Bear Street
Meridian, 1083642
Stacy Construction, Inc.
12716 West Scotfield Street
Boise, ID 83713-1955
Ronald and Heidi Marceau
390 West Cave Bear Street
Meridian, ID 83642
Pine Lumber Supply, Co., Inc.
5852 North Rothmans Avenue
Boise, ID 83713
Daniel K. Hawkins
327 West Cave Bear Street
Meridian, ID 83642
Kodiak Development, LLC
1285 West Wild Sheep
Meridian, ID 83642
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Paul and Shana Silvestri
2466 North Stone Place
Meridian, ID 83642
John Flaherty Construction, Inc.
6002 Franklin Road
Boise, ID 83709
Kesling Construction, LLC
PO Box 112
Kuna, ID 83634
Melissa and Matthew Pond
305 West Cave Bear Street
Meridian, ID 83642
Estep Builders, Inc.
3774 West Pinecreek Ste 100
Meridian, ID 83642
CITY OF MERIDIAN
MERIDIAN FENCE COMMITTEE MEETING
AGENDA
Wednesday, May 14, 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.m
Gary and Laura Hale
714 West Calderwood Street
Lot 1, Block 3
Bear Creek Subdivision
Item No.2 4:45 p.m. Rob and Michelle Johnson
2340 South Alaska Way
Lot 12, Block 7
Bear Creek Subdivision
Please contact the City Clerks Office at 888~4433 if you are unable to
attend the above Fence Committee Meeting
CITY OF MERIDIAN
Planning & Zoning Department
660 E. Watertower Ln., Ste. 202, Meridian, ID 83642
(208) 884-5533 Phone I (208) 888-6854 Fax
FENCE VARIANCE APPLICATION
(RE: Meridian Zoning Ordinance- Section 11-15 and 11-16)
ADDRESS: d-3L\ D
APPLICANT NAME: 2obC\ micnelle-- JOh.Vl~{\ PHONE: ~Cfb ~ D5~ 1
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OWNERS NAME & ADDRESS: (If different than above)
60 Dan if!
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PROOF OF OWNERSHIP: (Copy of deed or option must be attached)
LEGAL DESCRIPTION OF PROPERTY: LOT#~ BLOCK#l SUBDIVISION: Pxrd L~' ( e.-L
PRESENT USE & ZONING OF PROPERTY: I~O ( 'tJbt, St rI of 1)..(: fa CA J -
.1\../
SCHEMA TIC 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 Department, 884-5533) within two hundred feet (200') of the external boundaries of
the land being considered.
Description of requirements of the ordinance that need to be reduced to permit the proposed fence:
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Attach application fee of: $50.00
A TT ACH STATEMENT THAT FENCE IS ALLOWED UNDER THE RESTRICTIVE COVENANTS OF THE
SUBDIVISION OR A COpy OF THE RESTRICTIVE COVENANTS PERTAINING TO FENCES.
Applicant's Signature~(ihnJ I j ~C!?L-
Date Received: +-24.Q3 CornmitteeHearingDate: 5~l4'03 Received By: _Jl1ItQ ~~~~JY\(
{(P +~ 4r.:; p . no,.
12-4-10: FENCES:
Fences are permitted accessory uses in all districts and shall be regulated by the City Building Inspector.
The following regulations shall govern the type, location, and construction of all fences. When a fence is
erected not in conjunction with a building permit for a principal use or building, a separate permit is
required,
A. Electric Fences: Electric fences shall be prohibited within the corporate limits of the City.
B. Barbed Wire Fences: Barbed wire may be permitted in commercial and industrial districts only
when used as the top section for security fences and shall be a minimum of seventy two inches (72") above
grade to the bottom wire.
C. Open- Vision Fences: Open-vision fences may be built to the property line in commercial and
industrial districts
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. Unsightly Materials: The use of boxes, sheet metal, old or decayed wood, broken masonry blocks,
or other like unsightly materials for fencing shall be prohibited. (Ord, 430, 4-2-1984)
F, Residential And Limited Office Districts: Fences may be erected in all residential and limited
office districts subject to the following:
I. Height Limitations:
a. Solid or closed-vision fences to a height ofth irty six inches (36"), or open-vision type fences to a height
offorty 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;
b. 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; and
c. Solid or closed nonvision fences to a height of thirty six inches (36") or open-vision type fences to a
height offorty 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 (n") 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.
2. Construction On Berm: Any developer intending to construct a fence on top of a berm shall show the
berm and the fence on the preliminary plat and shall include with the preliminary plat the design,
placement, heights, specifications, and drawing of said fence.
3. Construction On Subdivision Boundary: Any developer intending to construct a boundary fence on the
boundaries of a proposed subdivision shall show the fence on the preliminary plat and shall include with
the preliminary plat the design, placement, height, specifications and drawing of said fence, (Ord. 557, 10-
1-1991)
G. Permission; Conditions And Restrictions: 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:
]. Sidewalk Or Walkway: Where a sidewalk five (5) or more feet wide exists, an applicant may construct a
fence immediately adjacent to the sidewalk on the dwelling side. When a sidewaIk does not exist, the
applicant must provide a reasonably level walkway not less than five feet six inches (5'6") wide if adjacent
to a collector or arterial street, or four feet six inches (4'6") wide if adjacent to a local street, measured from
the back of the curb or curb line.
2. Approval Of Design: The design of the fence shall receive prior approval by the City Building Inspector
and must be built in compliance with such prior approval and in accordance with plans and specifications
submitted.
3. Height: 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 this Title.
4. Materials: RegardIess of the type of material used, fences shall be built of materials meeting Uniform
Building C6de2 requirements for structural stability, fire resistance, and safety,
5. Removal From Easements: Fences and all appurtenant structures or footings constructed on easements or
public rights of way shall be removed at the expense of the property owner within thirty (30) days after
proper notification by the City Building Inspector.
6. Liability Insurance: The applicant shall furnish and maintain liability insurance in which the City shall be
nam ed as the insured in the minim urn amount of three hundred thousand dollars ($300,000.00) property
damage to anyone person, three hundred thousand dollars ($300,000.00) for personal injuries to anyone
person, and three hundred thousand dollars ($300,000,00) for personal injuries to persons per occurrence.
7. Property Owner Expense; Compliance Widl County Specifications: 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.
8, Permit Required: If the City Building Inspector approves the application, the applicant must obtain a
building permit from the Department of Building, ACHD or State DOT, as applicable, before commencing
the construction or erection of said fence.
9. Permission Subject To Revocation: With or without notice, 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 the
City or owner of said right of way, and any expense incurred by the applicant in the construction and
erection of a fence within the public right of way shall be done at the applicant's own expense and risk.
10. Agreement To Acquire No Property Or Contractual Right: The applicant will, upon the approval of the
City Building Inspector of the right, privilege and permission to so construct and erect a fence, execute an
agreement that the applicant shall acquire no property or contractual right in and to such public right of
way. Whenever the City or Ada County Highway District, or State DOT 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.
H. Illustration: For an illustration of fence regulations, see Section 12-12-2 of this Title. (Ord. 430, 4-
2-1984)
I. Maximum Fence Height In Each District: Subject to the other restrictions contained in this
Section, the maximum fence heights in each zon ing district shall be as follows:
Zone Height
I. R-4, R-B, R-15, R-40 and L-O 6.0 feet
2. C-N, C-C, CoG and RSC, aT and MUR * 8.0 feet
3. TE, I-L and M 8,0 feet
*Provided, however, in all cases in subsection 12 of this Section where a fence greater than six feet (6') is
proposed, the applicant for the fence building permit shall submit the request for permit to the Planning and
Zoning Comm ission for design review. (Ord. 465,3-17- I 986)
1. Variance Procedure: If an owner or applicant desires to obtain a variance from the provisions of
this Section, it shall not be treated as a variance pursuant to the provisions ofTitJe J 1, Chapter 18 of this
Code or Chapter 11 of this Title and the procedure for such a variance shall not be governed by the
aforementioned two (2) Chapters. There shall be a special procedure for variances from these fence
regulations which shall be as follows: (Ord. 524, 4-3-1990)
I, Contents Of Application For Variance; Fee: The owner or applicant shall file an application for a fence
variance with the City Clerk which application shall state the following, and be accompanied by:
a. Address of subject property.
b. Name, address and phone number of applicant.
c. Name, address and phone number of owners of the subject property.
d. Proof of ownership.
e. Legal description of subject property.
( Present use of subject property,
g. Zoning of the subject property.
h. Schematic drawing of the building and proposed fence.
i. List of the mailing addresses of all property owners (from authentic tax records of Ada County) within
two hundred feet (200') of the external boundaries of the land being considered.
j. Minimum requirements of this Title that need to be reduced to permit the proposed fence,
k. An application fee established by resolution of the Council. (Ord. 524, 4-3~1990; amd. Ord. 557, 10-1-
1991)
2. Hearing; 'Notice: 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 two hundred feet
(200') ofthe radius of the subject property, which hearing shaH be held not sooner than fifteen (15) days
after the mailing of the required notice and not more than thirty (30) days after mailing of the required
notice. The notice of hearing does not need to be published in the official newspaper.
3. Fence Variance Committee: 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 (3) members of the Committee,
4. Committee Action: Upon hearing the request for the fence variance, the Committee shall either approve
or deny or approve with conditions, the application for fence variance, No written findings offact 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.
5. Appeal: Any aggrieved party may appeal the decision of the Committee directly to the City Council
pursuant to subsection 11-15-7 of this Code. (Ord. 524, 4-3-1990)
PROPERTY OWNERS WITHIN 200'
2340 S. ALASKA WAY
BEAR CREEK LLC
6223 N DISCOVERY WAY STE 100
BOISE ID 83713-0000
2247 S ICE BEAR WAY
2250 S ALASKA WAY
22455 ALASKA WAY
2284 S ALASKA WAY
2299 S ICE BEAR WAY
2307 S ICE BEAR WAY
2275 S ALASKA WAY
2296 S ALASKA WAY
2331 S ICE BEAR WAY
JOHNSON ROBERT R
JOHNSON MICHELLE D
2340 S ALASKA WAY
MERIDIAN ID 83642-0000
PINE LUMBER SUPPLY CO INC
5852 N ROTHMANS AVE
BOISE ID 83713-0000
263 W CA VE BEAR ST
STACY CONSTRUCTION INC
12716 W SCOTFIELD ST
BOISE ID 83713-1955
2298 S BEAR CLAW WAY
KESLING CONSTRUCTION LLC
PO BOX 112
KUNA ID 83634-0000
387 W CA VE BEAR ST
SILVESTRI PAUL A
SILVESTRI SHANA S
2466 N STONE PL
MERIDIAN 1D 83642-0000
292 W CAVE BEAR ST
DOWDLE KEVIN M
DOWDLE NA T ALIE
347 W CAVE BEAR ST
MERIDIAN ID 83642-0000
HAWKINS DANIEL K
327 W CA VE BEAR ST
MERIDIAN 1D 83642-0000
HESTER ALAN C
3604 W PATEL
MERIDIAN ID 83642-0000
264 W CAVE BEAR ST
POND MELISSA A
POND MA TTHEW J
305 W CA VE BEAR ST
MERIDIAN 1D 83642-0000
MARCEAU RONALD A
MARCEAU HEIDI L
390 W CA VE BEAR ST
MERIDIAN ID 83642-0000
WEST DARRYL
WEST MARLA
291 W CA VE BEAR ST
MERIDIAN ID 83642-0000
JOHN FLAHERTY CONSTRUCTION INC
6002 FRANKLIN RD
BOISE ID 83709-0000
346 W CAVE BEAR ST
KODIAK DEVELOPMENT LLC
1285 W WILD SHEEP
MERIDIAN ID 83642-0000
2435 S MERIDIAN RD
ESTEP BUILDERS INC
3774 W PINECREEK STE 100
MERIDIAN 1D 83642-0000
2271 S ICE BEAR WAY
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