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Varialle Construction MAYOR ROBERT D. CORRIE cM;;;;di;;t':,~ '''", ~. "" \, V 1'1 ~j! ? ql~I:E :( 1903 GARY D. SMITH, PE. PUBLIC WORKS DIRECTOR COUNCIL MEMBERS WILLIAM L M. NARY KEITH BIRD TAMMY DEWEERD CHERIE MCCANDLESS IDAHO BRAD R. WATSON, P.E. CITY ENGINEER LEN GRADY STAFF ENGINEER July 16, 2003 P~W~D~:~D~ RECEIVED JUl 2 1 2003 Varialle Construction 660 E. Franklin Rd. Suite 110 Meridian, Idaho 83642 ~~ty Of Meridian 'Laty Clerk Office RE: FENCE VARIANCE REQUEST - 2640 West Primeland Drive. Dear Kim Winkle: The Fence Variance Committee of the City of Meridian, met at 4:30 P.M., July 16, 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 wooden 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 10 feet - 0 inches from the yard side edge of sidewalk along West Primeland Drive. 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, Ste 200 Meridian ill 83642 (208) 898-5500 Fax (208) 898-9551 MAYOR ROBERT D. CORRIE .~~ J~~ ._".'~j:iI~i~' ~,';;:;:; ,.~~~:J~; ;--~ t:<-vr'j. "f.s~.'f>" .[.. ~ ~p /C1TYOF ~!i,_.. 1...."<, \..../Vt erldlt:rn'--~JJ"\ IDAHO i!! .? Y ~~ P C~ q7 ~"'A ., , I/u TREASURE Y ~ SlH[[ . \ 1903 GARY D. SMITH, P.E. PUBLIC WORKS DIRECTOR COUNCIL MEMBERS WrLLlAM L. M. NARY KEITH BIRD TAMMY DEWEERD CHERIE MCCANDLESS BRAD R. WATSON, EE. 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, ~Q~ Bruce D. Stuart Fence Variance Committee Cc: File, Bldg. Inspector, City Clerk 660 E Watertower Lane, Ste 200 Meridian ill 83642 (208) 898.5500 Fax (208) 898-9551 CITY OF MERIDIAN Planning & Zoning Department 660 E. Watertower Ln., Ste. 202, Meridian, ID 83642 (208) 884-5533 Phone f (208) 888-6854 Fax FENCE VARIANCE APPLICATION (RE: Meridian Zoning Ordinance - Section 11-15 and 11-16) APPLICANT NAME: (IoU ADDRESS: ~ /(Cr)le c: ..-,...-rrpHONE: 9:<1, ~/ D;AD) ;; ~o/'"' -4 4' ~"'7' J:) k j/o /7.,.../( ~~/"1 cr- Js GJ'2- OWNERS NAME & ADDRESS: (If different than above) PROOF OF OWNERSHIP: (Copy of deed or option must be attached) LEGAL DESCRlPTION OF PROPERTY: LOT# t BLOCK# 5" SUBDIVISION: [7,/j J 7C fuuT- #- J -- *' PRESENT USE & ZONING OF PROPERTY: rf( '( J / ~--'7 h a / SCHEMATIC DRA WING: Attach drawing showing buildings, streets, & proposed fence. SURROUNDING PROPERTY OWNERS: List of the mailing addresses of all property owners (obtain list from Meridian Planning & Zoning 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 pennit the proposed fence: Attach application fee of: $50.00 ATTACH STATEMENT THAT FENCE IS ALLOWED UNDER THE RESTRICTIVE COVENANTS OF TIffi SUBDMSION OR A COpy OF THE RESTRICTIVE COVENANTS PERTAINING TO FENCES. Applicant's Signatur . Date Received, Jil ~11C8 Committee Hearing Dale: .:J~ Received By: \::Jutl.:m, J}H . &-l {@4.3O = t,.) o o o to) o o ." o o ::::=;::) (0 o o '"1'1 CD CD ;0+ tF.l tI1 ~< "s::.- 00 ~~ -a~ ;;2s: m)> ~~ Z Ii ow CO AJ~ ( _. ,_""-""'--,,,, I........ .-- ( l :.:,?-(~'rf .{...U.:.;l..J '" "". " ,-I N' '" 1 '-"..1_ .....1-' "..,.......-................--....,........... "'-' -' BRIDGETOWER #1 LOT 6 BLOCK g 2640 W. PRIMELAND DR. JOB# 1914 .2. 0. ~ <tl/,-" . . . I ~~ , :r.\ I ..... /"-2 X"" /\'~,! "" '- 'oJ>~ ~\~ .;f "" "-- ~ -<P' . ..x! '0 " "-- '- fJ~ f", '0 "'-- "' '- u-6'~ . '</ ~ . """ "~~oO ~ " "~ ..... 0 ~J . OJ. ~ " '~ "' ~-" " ~ ' () ~.. . " "- "{'.:~ . I ~ {,~' I 1 ( ZI' \~' " .. ~. ~ "" 9~6{', f'- C:r '- " ' .~'......tl . '.~..~ . ~~", ~ . .Jf.'..s;t. -........, ...... . I '. '." . "N..,)) .... ;,.. < ""-J.~ .. . ., . -.... ~ ~....C"C'"' ~~}" ~"8-~/"r; ...: . .' 9';:.....7 ,'f' . 'l"e ~'.. '. ..:~~i~"~ I -'. Vzr j) '", f r'~--:- il141~ "" ""IJlt. ". .' ~()~ " . ..... ,"> / IA - _ ~ j"r-..-;. C-c. /f " eo. ~&7 r"'- lei 10' . !o! z .ct , ...J W :iE (2 C- ~. GALLERY HOMES BY VARRIALE BOISE! IDAHO :j85-7310 Steven and Glenna Kovach 2703 West Crossland Drive Meridian, ID 83642 Marcos D. Chu 2639 West Crossland Drive Meridian, ID 83642 Jon and Jana Simmons 2565 West Crossland Drive Meridian, ID 83642 Richard and Julie King 2688 West Primeland Drive Meridian, ID 83642 Yuri and Kristi Itzhakov 2592 West Primeland Drive Meridian, ID 83642 Austin and Danyelle Callison 2701 West Primeland Drive Meridian, ID 83642 Michael and Cinda Pena 2659 West PrimeJand Drive Meridian, ID 83642 Christine G. Close 3425 North Coachman Drive Meridian, ID 83642 Steven and Ashley Christensen 2569 West Primeland Drive Meridian, ID 83642 Don and Lou Rehrer 2685 West Cross lands Drive Meridian, I D 83642 Scott and Saurah Dorval 2615 West Crossland Drive Meridian, ID 83642 Edwidge Delva 2537 West Crossland Drive Meridian, ID 83642 Alan and Wendy Rehkemper 2662 West Primeland Drive Meridian, ID 83642 Gallery Homes, Inc. 660 East Franklin Road Ste 110 Meridian, ID 83642 Francis Trujillo, Jr. 2683 West Primeland Drive Meridian, ID 83642 USA 1150 North Curtis Road Boise, ID 83706-1234 Donald and Amy Nelson 2617 West Primeland Drive Meridian, 10 83642-8377 ScY\t 1~ -q lj 0] Barbara and Lars Johnson 2661 West Crossland Drive Meridian, ID 83642 David and Luisa Godtlibsen 2589 West Crossland Drive Meridian, ID 83642 Lewis and Carolyn Carroll 2700 West Primeland Drive Meridian, ID 83642 Blaine and Lisa Vesel 2624 West Primeland Drive Meridian, ID 83642 Richard and Cory Dreese 2586 West Primeland Drive Meridian, 10 83642 Kent and Diana Scott 2580 West Primeland Drive Meridian, ID 83642 Whitney Homes, LLC 1412 West Idaho Street Ste 200 Boise, ID 83702 - Ryan Carlson and Kelly Largent 2591 West Primeland Drive Meridian, ID 83642 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 4:30 P.M., on July 16, 2003, for the purpose of reviewing and considering the application of Varialle Construction for a variance from the Meridian Fence Ordinance at the property legally described as follows: Lot 6, Block 5 of Bridgetower Subdivision No. 1 and known by the address of 2640 West Primeland Drive. 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 30th day of June, 2003 \\\11111110111/ \\\\ r::: M /11; "" _lOr cRti'> Ittt ,-' :\ '\ <..ILn t". .;;:....' c} ~POj;)A -11,- ~ 2 _,-cP '''''l~ ~ :::: ~ 0-;:. - S = c:::::::::1 w o o o en o o ::::=:=J U) o o ." C'D ~ CZl tTl N cn< ,r:..- 00 ~~ ;E=< - m> ~~ Z Ii OW CO ;o~ CITY OF MERIDIAN MERIDIAN FENCE COMMITTEE MEETING AGENDA Wednesday, July 16, 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 Varialle Construction 2640 West Primeland Drive lot 6, Block 5 Bridgetower Subdivision No.1 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, ill 83642 (208) 884-5533 Phone I (208) 888-6854 Fax FENCE VARIANCE APPliCATION (RE: Meridian Zoning Ordinance - Section 11-15 and 11-16) APPLICANT NAME: J1;f // C1 JI c c: ",.Jf<~- PHONE: 9: q ~. -' D dl D ") ;;- ;::;/~.-? p:f ~-7. fv./ k 110 /1,.../( ~0~ ~J{ 7L ADDRESS: (100 OWNERS NAME & ADDRESS: (If different than above) PROOF OF OWNERSHIP: (Copy of deed or option must be attached) LEGAL DESCRIPTION OF PROPERTY: LOT#L BLOCK# 5 SUBDIVISION: j];// dfC /vlIr- #- / , PRESENT USE & ZONING OF PROPERTY: f( ('.//;./..../,7 h f4 / SCHEMA TIC DRA WING: Attach drawing showing buildings, streets, & proposed fence. SURROUNDING PROPERTY OWNERS: List of the mailing addresses of all property owners (obtain list from Meridian Planning & Zoning 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: Attach application fee of: $50.00 ATTACH STATEMENT THAT FENCE IS ALLOWED UNDER THE RESTRICTIVE COVENANTS OF THE SUBDIVISION OR A COPY OF THE RESTRICTIVE COVENANTS PERTAINING TO FENCES. Date Received: ~ 131)03 Committee Heariog Date: ~~ Received By: \~(,L1Y1. ~A I ,^'-.J {@4.3O 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 ofthis 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: 1. Height Limitations: a. Solid or closed~vision fences to a height of thirty 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 tine 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. 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: I. 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 sidewalk does not exist, the applicant must provide a reasonably level walkway not less than five feet six inches (5'6") wide ifadjacent 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: Regardless of the type of material used, fences shall be built of materials meeting Uniform Building Code2 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 named as the insured in the minimwn 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 With 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 ofsaid 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 offence regulations, see Section 12~ 12-2 of this Title. (Ord. 430, 4- 2-1984) L Maximwn Fence Height In Each District; Subject to the other restrictions contained in this Section, the maximum fence heights in each zoning district shall be as follows: Zone Height 1. R-4, R~8, R-15, R-40 and L-O 6.0 feet 2. C-N, C-C, C-G and RSC, aT and MUR* 8.0 feet 3. TE, I-L and M 8.0 feet *Provided, however, in all cases in subsection I2 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 Commission for design review. (Ord. 465, 3~ 17-1986) J. Variance Procedure: Ifan 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 of Title 11, 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) 1. 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, f. 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 aU property owners (from authentic tax records of Ada County) within two hundred feet (200') of the external boundaries oftbe 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-]- 1991) ~ 2. Hearing; Notice: Upon receipt of the fence variance application, the Zoning Administrator shall set a bearing and see that notice is mailed by first class mail to all owners of property within two hundred feet (200') of the radius ofllie subject property, which bearing shall 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 shan 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 of fact shall be required but a written decision shall be written to the applicant and to any party requesting written notification of the decision at the hearing. 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) KOVACH STEVEN P KOVACH GLENNA M 2703 W CROSSLAND DR MERIDIAN ID 83642-0000 REHRER DON REHRER LOU 2685 W CROSSLANDS DR MERIDIAN ID 83642-0000 JOHNSON BARBARA A JOHNSON LARS B 2661 W CROSSLAND DR MERIDIAN ID 83642-0000 CHU MARCOS D 2639 W CROSSLAND DR MERIDIAN ID 83642-0000 DORVAL SCOTT C DORVAL SAURAH 2615 W CROSSLAND DR MERIDIAN ID 83642-0000 GODTLIBSEN DAVID GODTLIBSEN LUISA 2589 W CROSSLAND DR MERIDIAN ID 83642-0000 SIMMONS JON T SIMMONS J ANA L 2565 W CROSSLAND DR MERIDIAN ID 83642-0000 DELVA EDWIDGE 2537 W CROSSLAND DR MERIDIAN ID 83642-0000 CARROLL LEW.IS C CARROLL CAROLYN J 2700 W PRIMELAND DR MERIDIAN ID 83642-0000 PROPER1Y OWNERS WITHIN 200' 2640 W. PRIMELAND DR. KING RICHARD L KING JULIE W 2688 W PRIMELAND DR MERIDIAN ID 83642-0000 REHKEMPER ALAN C REHKEMPER WENDY E 2662 W PRIMELAND DR MERIDIAN ID 83642-0000 YESEL BLAINE P YESEL LISA B 2624 W PRIMELAND DR MERIDIAN ID 83642-0000 ITZHAKOVYURI A ITZHAKOV KRISTI L 2592 W PRIMELAND DR MERIDIAN ID 83642-0000 GALLERY HOMES INC 660 E FRANKLIN RD STE 110 MERIDIAN ID 83642-0000 2640 W PRIMELAND DR W PRIMELAND DR DREESE RICHARD A DREESE CORY L 2586 W PRIMELAND DR MERIDIAN ID 83642-0000 CALLISON AUSTIN CALLISON DANYELLE 2701 W PRIMELAND DR MERIDIAN ID 83642-0000 TRUJILLO FRANCIS JR 2683 W PRIMELAND DR MERIDIAN ID 83642-0000 SCOTT KENT D SCOTT DIANA L 2580 W PRIMELAND DR MERIDIAN ID 83642-0000 CLOSE CHRISTINE G 3425 N COACHMAN DR MERIDIAN ID 83642-0000 PEN A MICHAEL W PENA CINDA HOWARD 2659 W PRIMELAND DR MERIDIAN ID 83642-0000 NELSON DONALD NELSON AMY 2617 W PRIMELAND DR MERIDIAN ID 83642-8377 USA 1150 N CURTIS RD BOISE ID 83706-1234 W USTICK RD CARLSON RYAN LARGENT KELLY 2591 W PRIMELAND DR MERIDIAN ID 83642-0000 WHITNEY HOMES LLC 1412 W IDAHO ST STE 200 BOISE ID 83702-0000 2635 W PRIMELAND DR CHRISTENSEN STEVEN 0 CHRISTENSEN ASHLEY 2569 W PRIMELAND DR MERIDIAN ID 83642-0000 05/27/2003 09:15 2088883323 GALLERY HOMES PAGE 02 '--' -' BRIDGETOWER #1 LO T 6 BLOC[( g 2640 W. PRIMELAND DR. JOB# 1914 20J _ rer- ,<, (r" -..--...- j'''t c; f d>1 ("c,,/ r/'(h"r~ c~i' t' rr' """...... /\ II ~ ~..... /-2 ,,;,' ~.~// / ~ """ ... Zo~~ ~'~fj I "~"- I '\>:~i /' "~ " "~<5'6'. .f!./ ~ " """, ~ 00 ~ " "'" ...... 0 ~~ 'V ~, ... ~ ~0! ' '~~...... '~..~ / "" " 0') Ie I I ...... , . '-f"....... ...err-..... -7 ....;-./ "- ~ --- .:0-::,..".).... ,," -... ,......., (...... /"'.0:- _ ~ I .-h-- __ ....... r...- .. . )'...... -'" ......... . ......' " ~ .............. <"it' ........... "-.':--../ '>' Oa~ 7"'--~, r.-..... / ,Y- . ............. >~, ~ 6'<,~ 0&> r..? t? ;;- l? " '" ~ ...... .... ~ GALLERY HOMES BY VARRIALE BOISE, IDAHO 385-7310 I I ~ e6/27/2~e3 1~:36 VO/.i:: {1.i::UVJ .Ll.: <> ( J:'Ali. .i::U~HHHHHjbq 2888BB::r ~~ ~1J::;.tUV1Al'l t'&f.. VJ::;J:'T. GALLERY HOMES -+ City Cler1: to ::0 ~ tj 41 :>t:I:j ~ gO ~~ ot%j > ""l ~ ~~:i! rO g .r;:; t.Q -i c: :0 0 ,..-J ~:"~'-t~ .:E ttJ;o ~ ~~ t; ~ O. ~ < ~t-l fJ t/) 01--1 ~O ~Z Z o ~ '--... '- .............. ........... I , ( :a t:::' ~ ~ ..... .... " ..... .T1IN ?7 ' Vl-:;: 1?: 1iIC:; .... ~ IO~ E:ll'I Ell >(~~ '0 .... ... :::..., fsJ.~ N. ST."mON AVE. 3454 Sf N~_ ~ ..1_ 0 b &;~ Q ~..... ~ ~N!; 01 Q) ~.... l':I "" La ~ ~ '-'" 01> ~ ::J.... en ~ .A V\ ~.. f<:ltll tv :.: .... !... "'01 ~ N C" ...... --.0 - ~ ~ 2: N ~.... fi" 52 "o! V; rz:I :; o ;a;; ~ 'j""OCH:~)~~ ~c::" ..., 14]001 PAGE 61 j ~ t.) -'..... 0 ~~ l;rl ~ fii "" C; ~... ~~toJ ..J:l ~ ~ t"'~ :IS (":0 ;:t;i o ~ Q ~g;h) ...l "" Lol CC'~ t'..)S' C"'NW ~:::~ .... ~ ~~t-.) ........01 ~~ ~~f" oNOI ~~ n...........r- rA<1 U~i~'iL~~~ ~~.~~ LtJOOOO,;l.;;)L,..,;) OHL..L..I:.r<; y nUI.II:.~ r-14t.:ll:. l::l:'::: of the residence shall mean a state of completion sufficient for the lot Owner to obtain an occupancy permit. c. In the event an Owner shall fail to provide minimum landscaping or othervvise meet the requirements of subparagraphs a and b above, the Declarant and/or the Association, by and through its Manager, may cause these minimum requirements to be completed at the Ovvncr's cost, and may file a lien against the Owner's lot foX' the cost of providing these minimum requirements. In the event the Owner fails to pay the costs incurred by the Declarant or the Association vvithin thirty (30) days of vvritten demand upon the Owner, the Declarant or Assodation may sue to collect the cost or may foreclose the claim of lien filed in the same manner as a materialman's lien under Idaho law is foreclosed. Declarant or Association shall receive an award of reasonable attorney fee.s in addition to the costs advanced on behalf of the lot Owner who failed to meet these requirements. 2.5 Declarant Constructed Fences in Bridgetower Subdivision No.1, Declarant, at its separate initial cost, shall construct a uniform fence along each of the rear lot lines of Lots 4 through 13, in Block 4 of Bridgetower Subdivision No.1, as each of those lots abuts to Five Mile Creek. This uniform fence shall not be a "'common" fence, irrespective of its initial uniform construction, and each of the respective homeovrners of Lots 4 through 13, in Block 4 of Bridgetovver Subdivision No.1 shall separately bear the responsibility and cost of maintaining and repairing that portion of this uniform fence as it is situate: long his respective lot. Each respective homcovvner of Lots 4 through 13, in Block 4 of Bridgetowcr Subdivision No. I covenants to the Association that he shall maintain and repair his respective section of this uniform fence in a good and workmanlike manner. The style of this uniform fence shall be six (6) feet in height with an open vision design, or alternatively six (6) fe.et in height with four (4) feet of solid material with the top two (2) feet of open vision design. Declarant, at its separate initial cost, shall also construct the same style 0 uniform fence along the lot line. of Lot 14 of Block 4 of Brldgetower Subdivision No. 1 as it abuts to Five Mile Creek.. This section of the uniform fence is declared to be a "common" fence that shall be maintained and repaired by the Association in a good and workmanlike manner at the Association's separate cost. Declarant may, but shall not be obligated to, construct a fence in the same style as the uniform fence rderred to above, along the lot line of any Common Area Lot in Bridgetower Subdivision No. I that abuts Five Mile Creek. If Declarant makes the election to construct this section of fence, it too shall be a "common" fence that shall be maintained and repaired by the Association in a good. and workmanlike manner at the. Association's separate cost. ..~ ~.'" DECLARATION OF COVENANTS. CONDITIONS, AND RESTRICTIONS FOR BRIDGETOWER SUBDIVISION NO.1 - Page 7 JUN 27 '03 13:17 2088883323 PAGE. 02 ~VI ~(I LU~~ L~.~L ":'{JOOOO.:>.:>k,;) '.:>HL..L..t:." Y rlUIYII:.:::> ,....f4I.:li:. ~.:1 Declarant may elect, in its sole and separate discretion, to erect a fence along the perimeter of any other lot that is situate: on the exterior boundary of Bridgctower Subdivision No. I, or around all or parts of a Common Area lot or system in Bridgetower Subdivision No.1, If Declarant so elects, the: design, style, and materials used to construct a fence or fences in these locations shall be chosen by Declarant at its sole and separate discretion. If Declarant elects to construct fences in the.se locations, the future maintenance or repair of those fences shall be the duty of the respective homeowner if it is fence is situate on the homeowner's lot. or alternatively by the Association as .3. common fence, if the fence is situate on a Common Area loL 2,6 Owner Constructed Fences in Bridget.ower Subdivision No.1. An Owner of any residential lot may elect at his sole and separate cost to construct a fence on his lot, but only if the following conditions are met: a. A fence may be constructed on a lot (other than a comer lot), but the fence shall not cxtend into the front yard, nor beyond a line running parallel to the front of the main residence (excluding porch€'-s and/or architectural detailings); and b. A fence may be constructed on a comer lot, but t.he fence on the side bounded by the street may not be closer than twenty feet (20') to the street right of way on the side parallel to the street side; and c. If the lot is an exterior lot (a lot where the back or side yard abuts the Subdivision perimeter fence, if one existsL then the Owner must use the perimeter fence as the Owner's fence; and d. Every fence shall be constructed with materi~ls and in a manner described in "fence guidelines" as will be provided by the ACe. 2.7 Nuisances_ No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon which may be or become an annoyance or nuisance to the other lot Owners. 2.8 Signs. No sign of any kind shall be displayed to the public view on any residential lot, However, a lot O"\rvner may display one temporary sign of not more than five (5) square. feet advertising the property for sale or rent, and may display temporary _political signs, and a builder-owner may display a sign on his lot to advertise the property during a construction and sales period. Additionally, Declarant may display signs identifying, advertising, and promoting the Subdivision ........ DECLARATION OF COVENANTS. CONDITIONS, AND RESTRICTIONS FOR BRlDGETOWER SUBDIVISION NO.1 - Page 8 JUN 27 ' 03 13: 17 2088883323 PAGE. 03 r..........~ tJ..... ADA COUNTY RECORDER J. DAVID NAVARRO BDlSE IDAHO 12112102 11:21 AM ~~~~~~E~~~~~OWnrF 1\111\1111I1\111I11111111I11111111111 Plon~el 10214ge10 ~MllU~T ~.nn \ l\. I'-J A Pi<lneer Company PIONEER TITLE COMPANY OF ADA COUNTY 821 W. State 51. / Boise, Idaho 83702 (208) 373-3744 WARRANTY DEED For Value Received PRIMELAND DEVELOPMENT CO., LLP hereinafter referred to as Grantor, does hereby grAnl, bargain, sell, warrant and convcy unto GALLERY HOMES. INC. hereinaftcr rcferred to a~ Granlee, whose currcnt address is Ihe following described premises, to--wil: 660 E_ FRANKKLIN RD. S'l'E no. MERIDIAN.In 83642 LOT 6 'BLOCK 5 IN BRIOGETOWER SUBDlVlsrON NO. ], AS PER PLA T RECORDED IN BOOK 83, PAGES 9081 AND 9088, AS INSTRUMENT NO. ]0111482], RECORDS OF ADA COUNTY, tDAHO To HAVE AND TO HOLl) the said premises, with their appurtenances unto the said Grantee, his heirs and assigns forever. And the said Grantor docs hereby covenant to and with the S<lid Grantee, that Grantor is the owner in fee simple of said premises; that said premiscs arc free trom all encumbranccs-=ept current years taxes, levies, and a$~es~mellls, ond except U.S. Patent reservations, restrictions, easemenll: of record, and easements visible upon the premises, and that Grantor will warrant and defend the same frOIn all clai\lls whatsoevcr. Dated: November 15,2001 AND DEVELOPMENT CO., LLP ,JJ STATE OF [0, County of ADA, 99 On this );5 day of floJ. , in the year of '"2ifu ( ,before me THl UNDERSIGNED, a notary public, personally appcared FRANK S. V ARRIALE, known or identified to be ONE of the member(s)/rnanager(s) in a limited liability company; ofPRlMELAND DEVELOPMENT CO., LLp and the membcr(s)/managcr(s) who subscribed said limited liability company name to Ihc forcgoing instrument, and acknowledged to me lhat he/shefthey executed the same in said limited liabi lity company name. "\,,,'UI'Utt'tl,~ ..",,\~ '( COO '-', .... 't-- 14....... :IV.,,>. J', i' ~ ...,.- ...... 7 -':t~ ff l ~OTA~,... ~~ i = "II\' : -.- . * = ~ '\ I>UB1,\C i j ~... <P,. .... ......0 ! ........ r1 ~ ....1-..... ~ ......... "",;<i 0 F \'0 ~"" tOt"....."',,,, r.~',~ L--=> oI,,~NTZ olary Pul, ofID Residing a" BOISE Conunissk'l1 expircs: August 15, 2002 i JUN 27 '03 13:17 2088883323 PAGE. 04 ~;;dldn 33 E. Idaho Ave. o Meridian, ID 83642 ~. -0 "~12J' ._,~:i l> "\l 7'HEASURE V ~ ~ ) slIlce 1903 [9-' 27~O__~ Applicant I 2598 Receive By 94760 I I I I I I So :00 TAX TOTAL : 06 .r~~oa