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Nixon, Craig CITY OF MERIDIAN MERIDIAN FENCE COMMITTEE MEETING AGENDA Wednesday, July 9,2003 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 Bradley and Suzanne Jackson 4636 West Aspen Creek Street Lot 2 Block 1 Blackstone Subdivision Item NO.2 4:45 p.m. Craig Nixon 477 West Elias Street Lot 12 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 MA YOR Robert D, Corrie HUB OF TREASURE VALLEY A Good Place to Live LEGAL DEPARTMENT (208) 288.2499 . Fax 288.2501 PUBLIC WORKS (208) 898.5500 . Fax 887.1297 BUILDING DEPARTMENT (208) 887.2211 . Fax 887. 1297 PLANNING AND ZONING (208l 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) 887-48IJ City Clerk Office Fax (208) 888-4218 FENCE VARIANCE APPLICATION (RE: Meridian Zoning Ordinance) APPLICANT NAME: APPLICANT SHALL BE AT THE PUBLIC HEARING: CJ2-A(6) VlYCJtJ PHONE: '8q?~~ /f'//~G.72.2 ADDRESS: 9'77 W H,,-45 <S'T mE72t'/.J/~ OWNERS NAME & ADDRESS: (If different than above) PROOF OF OWNERSHIP: (COpy OF DEED OR OPTION MUST BE ATTACHED) LEGAL DESCRIPTION OF PROPERTY: LOT# 17.... BLOCK#.3 SUBDIVISION: ~CIlc"O< PRESENT USE & ZONING OF PROPERTY:~-:rBSd)e;Vn ~ 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. ATTACH STATEMENT THAT FENCE IS ALLOWED UNDER THE RESTRICTIVE COVENANTS THE SUBDIVISION OR A COPY OF THE RESTRICT E COVENANTS PERTAINING TO FENCES. APPLICANT'S SIGNATURE: DATE RECElbt ~ if.; COMMITTEE HEARING DATE: RECEIVED BY: I, IYY\ fA-...- ~ ~ \)\ r r- j$ \}\ ~ ~ ..J ; \ \ L ~ I' J:, d 'Kl ~ t:... C<\ ~ \ _\ \ \ , \ \ \ \ j 1 \ \ \ \ J - . . r -- ~. """'J ~~ ~ ~ ""'" r-{\ f," ::;. ~1 R9'- 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 July 9, 2003, for the purpose of reviewing and considering the application of Craig Nixon for a variance from the Meridian Fence Ordinance at the property legally described as follows: Lot 12, Block 3 of Bear Creek Subdivision and known by the address of 477 West Elias Street 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 20th day of June, 2003 ~ o o ~ o $ o $ o C);! ~ ~." N 0 W'" (:) ... ~~ -a C! ..,a. U\ 0 - 0 <.: .. .. , ( ..,a. co 0 (:) "'f\ (l) ~ Jason and Amber Bruner 551 West Davenport Street Meridian, 10 83642 Riverwood Homes, Inc, PO Box 344 Meridian, 1083680 Westrock Homes, Inc. 512 West Ashbourne Drive Eagle, 1083616-6425 Bear Creek HOA, Inc. 6223 North Discovery Way #120 Boise, 10 83713 Aspen Homes 13956 West Hartford Boise, ID 83713 Jeffrey C. Scott 7039 Chanticlear Avenue SE Snoqualmie, WA 98065 Gus and Terra Eliopulos 504 West Calderwood Street Meridian, ID 83642 Robert Van Allen 455 West Calderwood Street Meridian, 1083642 Marco, Inc. 6337 South Wolff Court Littleton, CO 80123 Borup Construction 2250 North Meridian Road Meridian, 1083642 Charles and Jean Grace 456 West Elias Street Meridian, 10 83642 Monica Murgoitio and Scott Anders 1921 South Ice Bear Way Meridian, 1083642 Graciela and Bienvenido Albano 520 West Elias Street Meridian, ID 83642 Jason and Tamara Jones 550 West Elias Street Meridian, ID 83642 Bear Creek, LLC PO Box 344 Meridian, 1083680 Oavid and Nancy Young 553 West Elias Street Meridian, 1083642 Dave and Susan Pierce 505 West Elias Street Meridian, ID 83642 David and Diane Griffin 134 East Pine Road Meridian, 1083642 Russell and Kimberly Stump 478 West Calderwood Street Meridian, ID 83642 John and Stephanie Bledsoe 552 West Calderwood Street Meridian, 1083642 Troy Tallman 2096 South Alaska Way Meridian, ID 83642 Jack and Beverly Lemmon 2110 South Alaska Way Meridian, ID 83642 Michael and Kathryn Zawisa 487 West Calderwood Street Meridian, ID 83642 Jill and Joseph Harris 515 West Calderwood Street Meridian, ID 83642 .5LVVr JoY' ( ~3);:>0 63> ~ BRUNER JASON C BRUNER AMBER L 551 W DA VENPORT ST . MERIDIAN ID 83642-0000 MARCO INC 6337 S WOLFF CT LITTLETON CO 80123-0000 525 W DA VENPORT ST BORUP CONSTRUCTION 2250 N MERIDIAN RD MERIDIAN ID 83642-0000 469 W DA VENPORT ST 2021 S ICE BEAR WAY RIVERWOOD HOMES INC POBOX 344 MERIDIAN ID 83680-0000 431 W DA VENPORT ST GRACE CHARLES SCOTT GRACE JEAN A 456 W ELIAS ST MERIDIAN ID 83642-0000 MURGOITIO MONICA L ANDERS SCOTT 1921 S ICE BEAR WAY MERIDIAN ID 83642-0000 WESTROCK HOMES INC 512 W ASH BOURNE DR EAGLE ID 83616-6425 480 W ELIAS ST 530 W CALDERWOOD ST 537 W CALDERWOOD ST ALBANO GRACIELA M ALBANO BIENVENIDO 520 W ELIAS ST MERIDIAN ID 83642-0000 PROPERTY OWNERS WITHIN 200' 477 W. ELIAS ST. JONES JASON JONES TAMARA 550 W ELIAS ST MERIDIAN ID 83642-0000 BEAR CREEK HOA INC 6223 N DISCOVERY WAY # 120 BOISE ID 83713-0000 2040 S ALASKA WAY BEAR CREEK LLC PO BOX 344 MERIDIAN ID 83680-0000 S ICE BEAR WAY YOUNG DAVID W YOUNG NANCY E 553 W ELIAS ST MERIDIAN ID 83642-0000 ASPEN HOMES 13956 W HARTFORD BOISE ID 83713-0000 531 W ELIAS ST 1987 S ICE BEAR WAY 493 W DA VENPORT ST PIERCE DAVE SR PIERCE SUSAN A 505 W ELIAS ST MERIDIAN ID 83642-0000 GRIFFIN DAVID D GRIFFIN DIANE H 134 E PINE RD MERIDIAN ID 83642-0000 477 W ELIAS ST SCOTT JEFFREY C 7039 CHANTICLEAR AVE SE SNOQUALMIE WA 98065-0000 2070 S ALASKA WAY STUMP RUSSELL STUMP KIMBERLY 478 W CALDERWOOD ST MERIDIAN ID 83642-0000 LEMMON JACK R LEMMON BEVERLY J 2110 S ALASKA WAY MERIDIAN ID 83642-0000 BLEDSOE JOHN F JR BLEDSOE STEPHANIE A 552 W CALDERWOOD ST MERIDIAN ID 83642-0000 VAN ALLEN ROBERT LEWIS 455 W CALDERWOOD ST MERIDIAN ID 83642-0000 ELIOPULOS GUS ELIOPULOS TERRA 504 W CALDERWOOD ST MERIDIAN ID 83642-0000 ZA WISA MICHAEL ZA WISA KATHRYN 487 W CALDERWOOD ST MERIDIAN ID 83642-0000 TALLMAN TROY 2096 S ALASKA WAY MERIDIAN ID 83642-0000 HARRIS JILL S HARRIS JOSEPH D 515 W CALDERWOOD ST MERIDIAN ID 83642-0000 L ( ~ factors: design and style elements, mass and fonn, topography, setbacks, fmished groWld elevations, architectural symmetry, drainage, color, materials, physical or aesthetic impacts o~ other properties, including Common Areas, artistic conformity to the terrain and the other Improvements on the Property, and any and all other factors which the Architectural Committee, in its reasonable discretion, deem relevant Said requirements as to the approval of the architectural design shaH apply only to the exterior appearance of the Improvements. This Declaration is not intended to serve as authority for the Architectural Committee to control the interior layout or design of residential structures except to the extent incidentally necessitated by use, size and height restrictions. 4.1.3 Setbacks and Height. No residential or other structure shall be placed nearer to the Building Lot lines or built higher than permitted by the Plat in which the Building Lot is located, by any applicable zoning restriction, by any conditional use permit, or by a building envelope designated either by Grantor or the applicable Architectural Committee whichever is more restrictive. 4, 1.4 Accessorv Structures. Detached garages shall be allowed if in conformity with the provisions of this Declaration, and as approved by the applicable Architectural Committee, Garages and storage sheds shall be constructed of, and roofed With, the same materials, and with similar colors and design, as the residential structure on the applicable Building Lot. No playhouses, playground equipment, pools, pool slides, diving boards, hot tubs, spas, or similar items shall extend higher than five (5) feet above the fInished graded surface oftbe Building Lot upon which such item(s) are located unless approved in advance. 4.1.5 Drivewavs, All access driveways sball have a wearing surface of concrete, or other hard surface materials (if approved in advance in \Witing by the Architectural Comntittee), and shall be properly graded to assure proper drainage. 4.1.6 Mailboxes. All mailboxes will be of consistent design, material and coloration and shall be located on or adjoining Building Lot lines at places designated by Grantor or the Architectural Committee, 4.1.7 Fencing. No fence or hedge situated anywhere upon a Building Lot shall have a height greater than six (6) feet above the finished graded surface ofthe Building Lot or Common Area upon which such fence or hedge is situated. Any fence constructed on or near the lot line common to one or more Building Lots shall be constructed as a "good neighbor" fence. No fence shall be constructed so as to extend toward the front of the Building Lot past the front plane of the dwelling structure constructed thereon, or closer than ten (10) feet to any side Building Lot line of a corner of a Building Lot adjacent to a dedicated street and shall be in compliance with applicable Meridian City ordinances. See Exhibit C for limitations on materials and style. 4.1.8 Lighting. Exterior lighting, including flood lighting, shall be part of the architectural concept of the Improvements on a Building Lot. Fixtures, standards and all exposed accessories shall be hannonious with building design, and shall be as approved by the applicable Architectural Committee, Lighting shall be restrained in design, and excessive brightness $hall be avoided. 4.1.9 Garages. Each dwelling unit shall have an attached or detached fully enclosed garage adequate for a minimwn of two (2), and a maximum of five (5) standard size automobiles. No carports shall be allowed. See also Exhibit C. 4.2 Antennae. No exterior radio antenna, television antenna, satellite dish antenna or other antenna of any type shall be erected or maintained on the Property WlIess it is located or screened in a manner acceptable to the applicable ~rchitectural Committee. 4.3 Insurance Rates. Nothing shall be done or kept on any Building Lot which will increase the rate of insurance on any other portion of the Property without the approval of the Owner of such other portion, nor shall DECLARATION - 4 BOJ_MTl :301650.3 After Recording Return To: COUNTRYWIDE HOME lOANS, INC. MS SV-79 DOCUMENT PROCESSING 1800 Tapo Canyon Simi Valley, CA 93063-6712 Prepared By: F. GILBERT ISp..e Above This Un. For Ro<:orlling Dol.1 226440 [Escrow/Closing #] 0003196089961090 [Doc 10 'if] DEED OF TRUST MIN 1000157-0002576678-9 DEFINITIONS Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18,20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16, (A) "Security Instrument" means this document, which is dated JUNE 10, 2003 with all Riders to this document. (B) "Borrower" is CRAIG NIXON, AND AMY NIXON, HUSBAND AND WIFE , together Borrower is the trustor under this Security Instrument. (C) "Lender" is COUNTRYWIDE HOME LOANS, INC. Lender is a CORPORATION orgnnized and existing under the laws of NEW YORK Lender's address is 4500 Park Granada, Calabasas, CA 91302.1613 (0) "Trustee" is FIDELITY NATIONAL TITLE INSURANCE CO. P.O. BOX 32695 PHOENIX. AZ 85064- (E) "MERS" is Mortgage Electronic Registration Systems, Inc, MERS is a separate corporntion that is acting solely as a nominee for Lender and Lender's successors and assigns. MERS is the beneficiary under Ihis Security Instrument. MERS is organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2026, Flint, MI 48501-2026, leI. (888) 679-MERS. (Ii') "Note" means the promissory note signed by Borrower and dated JUNE 10, 2003 , The Note states that Borrower owes lender ONE HUNDRED FORTY FOUR THOUSAND and 00/100 0<1> -6A(IOl (0005) CONVNA CHL (08fQO) p,g,go t 0111 VM;> MORTGAGE FORMS, (8001521-120' I.ltla\~~ Form 3013 1/01 IDAHO -Single Fem~y- Fannie MaelFreddle Mac UNIFORM INSTRUMENT WITH MERS *23991* *031960899000002006A* DOC ID # 0003196089961090 Dollars (U,S, $ 144,000.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than JULY 01, 2033 (G) "Property" means the property that is described below under the heading "Transfer of Rights in the Property. " (H) "Loan" means the debt evidenced by the Note, plus interest. any prepayment charges and late charges due under the Note, and a1\ sums due under this Security Inslrument, plus interest. (I) "Riders" means all Riders to this Security Instrument that are executed by Borrower, The following Riders are to be executed by Borrower [check box as applicable]: o Adjuslable Rate Rider o Balloon Rider o VA Rider o Condominium Rider 00 Planned Unit Development Rider o Biweekly Payment Rlder o Second Home Rider 01-4 Family Rider D Other(sl [specify] (Jl"Appllcable Law" means a\1 controlling applicable federal, state and local statutes, regulations, ordinances nnd administrative rules and orders (that have the effect of lnw) as well as all applicable final, non-appealable judicial opinions. (I() "Community AsSI.\ClntIlln Dues, Fee.q. and Assessments" means all dues, fees, assessments and olher charges lhat are imposed on Borrower or lhe Property by a condominium association, homeowners association or similar organization. (L) "Electronic Funds Transfer" means any transfer of funds, oUter than a transaction originated by check, draft. or simiInr paper instnlment, which is initiated lhrough an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or aulhorile a finane ial institution to debit or credit nn account. Such term includes, but is not limited to, point.of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (M) "Escrow Items" means those items that are described in Section 3. (N) "Miscellaneous Proceeds" menns any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (1) damage to, or destruction of, Ule Propeny; (ii) condemnation or oUler taking of nil or any part of the Property; (Iii) conveyance in lieu of condemnation; or (iv) misrepresentntions of, or omissions as to, Ule value and/or condition of the Property. (0) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (P) "Pertlldic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. (Q) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and ils implementing regulation, Regulation X (24 C.F .R. Part 3500), as they might be amended from time to time. or any addItional or successor legislation or regulation that governs the same subject matter. As used in lhis Security Instrument, "RESPA" refers to all requirements and restrictions thnt are imposed in regard to a "federally relnted mortgage loan" even if lhe Lonn does not qualify os a "federally related mortgage loan" under RESPA, (R) "Successor In Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY TIle beneficiary of this Security Instrument is MERS (solely as nominee for Lender and Lender's successors and assigns) and tile successors and assigns of MERS. This Security Instrument secures to Lender: (i) the repayment of the Loan. and all renewals, extensions nod modifications of the Note; and (ii) the performance of Borrower's covenants nnd agreements under this Security Inslrument and the Note. For this purpose, Borrower irrevocably grants and conveys to Trustee, in trust, with power of sale, the following described property located in the COUNTY of ADA (TYl'e of Recording Jurisdiction) [Name of Recording Jurisdictionl -m -6A(IDl (0005) CHL (OaJUOI Po~.Zolll 'OIlIOI'f1;,.,/ ~ Form 30131701 DOC 10 # 0003196089961090 LOT 12 IN BLOCK 3 OF BEAR CREEK SUBDIVISION NO.1, ACCORDING OT THE PLAT THEREOF, FILED IN BOOK 82 OF PLATS AT PAGES 8984 THRU 8987, RECORDS OF ADA COUNTY, IDAHO. ParcellD Number: R0855010220 477 W ELIAS STREET, MERIDIAN Idaho 83642 - ("Property Address"): [Zip Cade] which currently has the address of [SI,.et/CiIY] TOGETHER WITH all the improvements now or hereafter erecled on the property, and all casements, appurtenances, and fixtures now or hereafier a part of the properly. All replncements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property," Borrower understands and agrees that MERS holds oaly legal title \0 the interests granted by Borrower in the Security Instrument, but, if necessary to comply with law or custom, MERS (as nominee for Lender and Lender's successors and assigns) has the right: to exercise any or all of tllOse interesls, including, but not limited to, the right to foreclosure and sell tlle Property; and to take any action required of Lender including, but not limited to, releasing and canceling this Security Instrument. BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right 10 grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encwnbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limiled variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepnyment Chnrges, nlld Late Chm'ges. Borrower shall pay when due the principal of, and interest on, tlle debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Sccurity Instrument shall be made in U.S. currency. However, if any check or oUler instrument received by Lender as payment under the Note or this Security Instrument is returned 10 Lender unpaid, Lender may require that any or all subsequent payments due under the NOle and this Security Instrument be made in one or more of tlle following forms, as selected by Lender: (a) cash; (bl money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer, Payments are deemed received by Lender when received at the location designated in the Note or at such otller location as may be designated by Lender in accordance with tlte notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender mny accept any payment or partial payment insufficient 10 bring the Laan current, without waiver of any rigltts hereunder or prejudice to its rights to refuse such payment or parlial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest Oll unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, lender shall either apply such funds or relurn them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under tile Note immediately prior to foreclosure. No offset or claim Which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and tllis Security Instrument or performing the covcnants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in tlte following order of priority: (a) interest due under the Note; (0) principal due under the NOle; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any rcmaining amounts shall be applied first to late charges, second to any other amoWlts due under this Security Instrument, and then to reduce the principal balance of the Note. .-6A(ID) (0005) i!> CHL{08lOO) Pil-go3of tl Inl~.:s:(}J ~ ~3013 1101