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Swander, Gail & ShellyERIDZAN CITY COUNCIL ~ • APRIL~7, 1987 PAGE # 2 Item #3: Public Hearing: Variance Request by Gail & Shelly Swander: Mayor Kingsford, at this time we will open the Public Hearing, is there anyone in the audience who wishes to testify on this request? Gail Swander was present, Swander was sworn by the City Attorney. Swander, we talked to the real estate agent and told him how we wanted to build the fence and he advised everything was alright, we saw other fences like ours in the subdivision so forsaw no problems. We thought everything was fine until we got the notice that our fence was in violation of the City Ordinance. We have a pool and a trampoline in the back yard and we both work and do not-want to cut the fence down to three feet as we are afraid the children in the neighborhood would climb over a three foot fence when we are gone..and maybe drown in our pool. Mayor Kingsford, any questions of the Council of Mr. Swander? There were none. Is there anyone else in the audience who wishes to offer testimony? There was no response, the Public Hearing was closed. Giesler, I would like to say I did drive by and the fence is done very well and one way is a stop sign and you can see around the corner good in the other direction and I personally do not have any problems with this fence. Brewer, the fence does seem to be in the best interest of ,the Swanders and all the surrounding neighbors seem to be in agreement, I certainly have no objections to this Variance. The Motion was made by Tolsma and seconded by Brewer to grant the Variance request made by Gail and Shelly Swanders fora fence. ~-- Motion Carfied: All Yea: Item #4: Revised Final Plat o~ Meridian Greens: Public Hearing: Mayor Kingsford, I will now open the Public Hearing, before we start I would like to make a couple of ,comments, If .the Engineer would come up we have a couple of questions. Mr. Don Hubble, Hubble Engineering, Mr. Hubble was sworn by the City Attorney. Mayor Kingsford, the question I have or we have is that as we looked at plats the one that was distributed was different than the one you gave the City Engineer.for his review. The one was distributed on the i3th and the one yo'u gave the Engineer: was dated the 18th. Could we have a clearing of the issue as to which one is correct? Hubble, tonite we are trying to ,present we submitted the plat to the City. The the one we are presenting tonite and it street arrangement than the one Y~efore. after working with the Highway District we have changed the collector street SE the one that was revised after one the Engineer received is does have a slightly different The density is the same but and looking at this ourselves 5th to better comply with the '~ GAIL & SLY SANDERS VARIANCE REQUEST FOR FENCE 2481 CHATEAU CO'~lMENTS 1. NO COMMENTS RECEIVED ON THIS REQUEST: • NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the Cfty of Meridian will hold a public hearing on April 7, 1987, at 7:30 o'clock p.m., at the Meridian City Hall, 728 Meridian Street, Meridian, Idaho, for the purpose of reviewing and considering the application of Gail and Shelley Swander for a fence variance at Lot 19, Block 9, Sunnybrook Farms ~3, 2481 Chateau, Meridian, Idaho. Amore particular description of the above property is on file in the City Clerk's office and is available for inspection during regular business hours. Public comment will be taken and is welcome. DATED this `~ day of , 1987. Niem~(nn Clerk AMBROSE, FITZOERALD S CROOKBTON AggMy~ end COWiNbf~ P.O.Bat a27 MMOIM, kWq l~612 NpIWM Ml~Ib1 AMBROSE, FITZGERALD SCROOKSTON Attorneys and Counselors P.O. Box 427 Meridlen, IdeAo B3B42 Telepfwne B88d461 • NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian will hold a public hearing on April 7, 1987, at 7:30 o'clock p.m., at the Meridian City Hall, 728 Meridian Street, Meridian, Idaho, for the purpose of reviewing and considering the application of Gail and Shelley Swander for a fence variance at Lot 19, Block 9, Sunnybrook Farms #3, 2481 Chateau, Meridian, Idaho. Amore particular description of the above property is on file in the City Clerk's office and is available for inspection during regular business hours. Public comment will be taken and is welcome. DATED this /~ day of ~~' Ic~~ , 1987. TRANSMITTAL DATE: MARCH 16, 1987 MERIDIAN CITY COUNCIL 728 Meridian ~r. Meridian, ID A3~~42 -y t/ Bob Spencer Jim Johnson Jim Shearer Tom Cole Moe Alidjani Walt Morrow Grant Kingsford Ronald Tolsma Bert Meyers Bill Brewer Bob Giesler Bruce Stuart Bob Mi.ti.ch Fire Dept. Polace HEARING DATE: MERIDIAN CITY COUT~CI1, ' APRIL 7, 1987 Gary Smith, Engineer Earl Ward City Attorney Meridian School District Meridian Post Office (Prelim, & Final Plat Only) Ada County Highway District ATTN; SIJB. REVIEW OFFICE -,.~._,. Ada Planning Association ~ Central District Health Dept. Nampa-Meridian Irrigation District Idaho Power Co, (Prelim, 6 Final Plat Only) Mountain Bell (Prelim. 6 Final Plat Only) Intermountain Gas (Prelim. 6 Final Plat Only) NOTEt To insure that your comments and recommendations will be considered by the Planning and Zoning Commission or City C~~uncil, may we have your answer by ASP ~tcridian Planning and Zoning 72d Meridian Street REQUEST: VARIANCE FOR: GAIL & SHELLEY SWANDER NAME Which, if approved, could allow: FENCE CORNER OF LEANN & CHATEAU The Property is located: 2481 CHATEAU _ (FENCE HAS BEEN IN PLACE FOR SOME TIME:) Any comments or recommendations about th;s fP~~L- will be presented to the Meridian Planning and ~.~ ing Commission. COMMENTS AND RECOMMENDATIONS: Add Additional sheets as necessary DATE: • CITY OF Mf.ft]DIAN 7?8 Meridian St. Meridian, ID 83642 VARIANCE APPLICATION (RE: Meridian Zoning Ordinance • J~~~ PHONE ~~~"~~ ' /~ NAME: Owner or older of~option ADDRESS : ~~L~~~-~-~-C GENERAL LOCATION: ~~:p?"..ei' b D~,~~ ~- ~-1'fi-~ ~~-~--~ - LEGAL DESCRIPTION OF PROPERTY:~jj___ ~ /~ ~~DC~ 9 Su~~ Y~r~ac~ ~ ,~a~ eoc~~~y. PROOF OF OWNERSHIP OR VALID OPTION: A copy_of your property deed or option agreement must be attached. ;~ /~ ~ ? PRESENT ZOPJE CLASSIFICATIONL_ ,C e S f~G~e~ f ~'Q VICINITY SKETCH: A vicinity map at a scale approved by the P1ayor showing =property lines, streets existing and proposed zoning and such other items as the Mayor may require. SURROUNDING PROPERTY OWNERS: A list of all property owners and addresses -_ within contiguous to, directly across the street from, and within a 300' radius of the parcel (s) proposed for a Variance must be attached. ~7his information is available from t e ounty Assessor. ~ ~~,,r,~y,~_ ,DESCRIPTIONLpF PROPOSED VARIANCE: ~~ a ~t ~~5, ,~~ ~,/LQi ~/Z~c~'l.~O~+ C~ _~[ ~ d" L~.,~-v`L~!_ ~? / C ~ C~Y~~Ge~0~~7 .%Jyt~~z9 ~zf~`y ~~ ~~ SIG ATURE: ~~ ~ ~' ~~ ~` , CITY COUNCIL RECORDS Date Received City Council Hearing Date Received By • • • REQUIREMENTS___ VARIANCE Attach a site plan showing all details of the proposed _ o development, Complete the following questions and return with the application. 1. What is intended to be done on or with the property? GZO ~~~~ f'" ~ ~{' n'e' 2. What special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands. structures, or build'ngs i n the same district? ~ ~ ~ s,,~~ ~ .Z~7c.~. ~~ ~~~~ °~YL 3. Why will a literal interpretation of the provisions of this ordinance deprive you of rights commonly enjoyed by other properties in the same district unde he terms of this ordinance? `"~ ~iyt~c~ ~ ~`" ~~`G~-~ pec~a con ions or rcumstar~es exist that wer not a result of your actions? ~~ 5. Why will the granting of this Variances-not confer on you any special privilege that is denied by this Ordinance to other lands, .structures, or building in the same district? (Space Above Thls Llne For Recording Data) DEED OF TRUST .JANUARY 31 , TfilS DEED OF TRUST ("Security Instrument") is made on , 85 GAIL D. SWANDER AND SHELLEY J. SWANDER. HUSBAI`T" ^'`'D WIFF f9 .The grantor is - ("Borrower"). The trustee is COMMONWEALTH LAND TITLE INSURANCE COMPANY ("t'rustee'"). The beneficiary is UNITED SECURITY MORTGAGE COMPANY ,which is organized and. existing under the•laws of eTATt. nF TTlAHO ,and whose address is P.0. BOX 7586, BOISE, IDAHO 83707 ("Lender"). Borrower owes Lender the principal sum of SIXTY THOUSAND ONE gt1NDR D THTRTY-FTVF AND NQf 1 Of1-------------- ------------------ Dollars (U.S. $ 60,135 00 ). This debt is evidenced by Borrower's note dated the same date as this Security Instrument,("Note"), which provides for monthly payments, with the full debt, if not paid earlier, due and ,payable nn FEBRUARY 1, 2015 .This Security Instrument secures to (.ender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications; (b) the payment of all other sums, with interest, advanced under paragraph 7 to protect the security of this Security Instrument; and (c) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower irrevocably grants and conveys to "trustee, in trust, with power ADA _ County, ]daho: of sale, the following described property located in Lot 19, Block 9, SUNNYBROOK FARMS N0. 3, according to the official plat thereof, filed in Book 52 of Plats at Pages .4469-4470, records of Ada County, Idaho. 2481 CHATEAU DRIVE rfl;RIDIAN which has the address of tc+~>- is~~.wu Idaho 83642 ("Property Address"); TOGETHER WITH all the imprtrvements now or hereafter erected on the property, and all easements, rights, appurtenances, rents, royalties. mineral, oil and gas rights and profits, water rights and stock and all fixtures now or hereafter a part of the property. All replacements and additions shall also b,: covered by this Security Instrument. All of the foregoing is referred Co in this Seeunty Instrument as the "Property." BORROWER COVENANTS that Burrower is lawfully seised of the estate hereby conveyed and has the right to grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants :+nd will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. ~,. V • • L~ afec ~ • G/l ,u*~~~j ~uo~ ir.~~~Gc vf1 ~~o_~ %. el/ ~C~n~du~ do ~ c~fzct eta ~cu. ~. ~ ~i ~v~tt ~' ~. ce, ,~1~.07=~7. _- ~_~_. ~hw~~ cb ~ ,~,~1.~ y ----- ~ t.J a..v s,~,eo.~-~, ~_~_ ~ ~- ,P~~~,~~-y, - -- _-_-._~Z_ ~.~:C~%t--~ _~ ---~-_~~~1~~._____- ---___- / c