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-...-
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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
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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
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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
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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
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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
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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.
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