Lopez, Donald• •
CITY OF N~tIDIAN
33 E. IDAHO MERIDIAN, ID 83642
FENCE VARIANCE APPLICATION
(RE: Meridian Zoning Ordinance)
`- -
APPLICANT NAME: ~o n a (~ ~~ . L ~ (J~ Z PHONE $~ g' 76 Sc~
ADDRESS : I J`d 3 (.J . n'l e!'4 a ~ ze.,2 .UY'.
OWNERS NAME & ADDRESS:(If different than above)
PROOF OF OWNERSHIP: (COPY OF DEED OR OPTION MUST SE ATTACHED)
LEGAL DESCRIPTION OF PROPERTY: Lar#_, a HLK #
SUBDIVISION The. Lc~wld i ~a ~u ~d~V'i"~1orV N0.
PRESENT USE & ZONIlVG OF PROPEf~I'Y ~QeS i ~ QNT'q. L
SC~iENlATIC DRAWIl~TG: ATTACH DRAWING SHOWING BUILDIlVGS, STREETS & PROPOSID FENCE:
SURROUNDING PROPERTY OWNERS: LIST OF THE MAILING ADDRESSES OF ALL PROPERTY
OWNERS (FROM AUIMELVTIC TAX RECORDS OF ADA COUNTY) WITHIN TWO HUNDRED (200)
FEET OF THE EX'I~TAL BOUNDRIES OF THE LAND BEING CONSIDERED:
DESCRIPTION OF REQUIREN~NTS OF THE ORDINANCE THAT NEED TO BE RIDUCED TO
PERMIT THE PROPOSED FENCE: ~ l,.~n ~... Id ~ ~ K~ ~'o P u~' 0. ~e ' ~e.nk..~
uP Id' ~f~ ~.~ L;n1e, raf~,P,~ TAxJ ~D'.
ATTACH APPLICATION FEE OF $~~~~ ~-
ATTACH STATEMENT THAT FENCE IS ALIi0in1ED UNDER THE RESTRICTIVE COVELVANTS OF THE
SUBDIVISION OR A COPY OF THE RESTRICTIVE CWELVANI'S PERTAIlQIlVG '1'0 FENCES
APPLICANTS SIC~VATURE
DATE RECE
CC~NIITTEE HEARIlQG DATE
--/d-9 ~
~,
Title File No.: B92-t2z33 WARI~VTY DEED
FOR VALUE RECEIVED
FLOYD MADSEN and VICTORIA MADSEN, husband and ~_f~
GRANTOR(s), does(do) hereby GRANT, BARGAIN, SELL and CONVEY unto
DONALD J. LOPEZ, a single person
1503 W. Merganzer Drive, Meridian, Idaho 83692
GRANTEE(S), whose current address is: Ada
the following described real property in County, State of Idaho,
more particularly described as lollows, to wit:
Lot. 12 in Block 4 of. THE LANDING SUBDIVISION N0. 2, according to the official
plat thereof, filed in Book 59 of Plats at Payes 5772 and 5773, records of Ada
County, Idaho.
9231752
BOISE TITLE & ESCROW
ADA CCUIITY, I D. FOR _.
J. DAVID. NAVARR
RECORDER BY f"~-(.~"'~
3ot~
' 92 ~IAY 15 PSI `t 57
TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee(s), and
Grantee(s) heirs and assigns forever. And the said Grantor(s) does(do) hereby covenant to and with the said
Grantee(s), that Grantor(s) is/are the owner(s) in fee simple of said premises; that said premises are free from all
encumbrances, EXCEPT those to which Fhis conveyance is expresslymade subject and, those made, s~affer_ed or
dorte By the Grantee(s); and- sublecC- to reservations, restrictions, dedications, easements, rights of way and
agreements, (if any) of record, and general taxes and assessments, (including irrigation and utility assessments, if
any) for the current year, which are not yet due and payable, and that Grantor(s) will warrant and defend the same
from all lawful claims whatsoever.
Dated:~May lli, 1992
•..Floy<l~ Madsen. .... .
STATE OF . Idal'to......._,., County of ...Ada ............... sa.
.,~.,
On this :...... ~ ....': ,day of . M`~Y ...................................
L942
inytph{e yeti of".:,...(,~,„ b~elgodre mge, the underQaigned, a Notary
~pN'TQ~d?M.3U.''kllf7nQ :V1CLOrlap~a(ISen appeared
....:...........................p.........:.....................................
known or~ldennfled to me3o be the person .... S whose name
•~.`.t.I~.:.:..,,,yub9crtibed~' to the within instrument, nd
- ~'
acknQwtadgec~ifo ing,ifiat .. t' ey...... executed a e.
....... ....... ~ L~f~i~' '
Signs u[ts:- ..:................~.4_.::.:.....L
Tamara L. Hud
Name :.............................................
UYDea o,mp
Eayle
Reaiding at :...........................................
My commisalon expires:....:~r.:.r3.q.::.1.2....
Boise Title & Escrow, Inc.
' ~ SECTION 5.23. Fence o fence or wall of any kind shall be constructn a Lot unless the plans and specifications
therefor, including the location, d material and color thereof, have been ed in writing by the ACC prior to the
construction or Installation. All fences and/or walls constructed on a Lot shall be In compliance with the applicable ordinances of
the Ctty of Meridian, Idaho.
All fences and walls shall be subject to the following restrictions:
(a) No fence or wall shall be permitted to be constructed or installed on any portion of a berm constructed
by the Grantor In The Landing Subdivision.
(b) Fences and walls shall not extend closer to any street than twenty feet (20') nor project beyond the
setback of the principal Building on the Lot. No fence higher than six feet (6') shall be allowed without
the prior approval of the Meridian City Fence Committee and the ACC.
(c) All tenses and walls shall be constructed and installed and maintained (n good appearance and
condition at the expense of the Owner of the Lot on which they are located and all damaged fencing
and walls shall be repaired or replaced to original design, materials and color within a reasonable time
after said damage oxurs.
(d) No fence or wall shall Interfere with the use and enjoyment of any easement reserved in this Master
Declaration or shown on the recorded subdivision plat of the Property.
(e) No fence, wall, hedge, high planting, obstruction or barrier shall be allowed which would unreasonably
Interfere with the use and enjoyment of neighboring Lots and streets, and shall not be allowed if the
same constitute an undesirable, noxious or nuisance effect upon neighboring Lots.
SECTION 5.24. Landscaolno. The following provisions shall govern the landscaping of Lots within The landing
Subdivision:
(a) The Owner shall prepare a landscape plan and shall submit the same to the ACC as provided in Article
X, below. The ACC shall approve said landscape plan prior to the installation and/or construction of
landscaping on a Lot. Landscapling of a Lot shall be In accordance with the approved plan.
(b) All required landscaping on a Lot shall be installed within thirty (30) days after substantial completion
of the Building on the Lot, with a reasonable extension allowed for weather.
(c) The Initial landscaping shall Include, as a minimum, sod in the front and side yards,, sod or grass
_ _ _ _ __ _--_- -seeded in the _rear_yard_s,_two f21~-ffoW~r~_tr~.gf_.ato-l~ph_ (,2h calipa- -=-~ -c:+~ mil; pl.^,° trss - _---- ------
at least six feet (t3') In height and one (1) flowering tree of at least two Inch (2") caliper In the front
yard, three (3)-five (5) gallon plants and tlve (5)-0ne (1) gallon shrubs In the front yard.- The use of
berms and sculptured planting areas are encouraged.
SECTION 5.25. Adoption of ACC Rules/ACC Standards. The Grantor, or In the event of the Grantor's failure to do
so, the ACC, shall have the power to promulgate ACC Rules/ACC Standards relating to the planning; construction, alteration,
moditicatlon, removal or destruction of Improvements within the Property deemed necessary or desirable by the Grantor, or the ACC,
as the case may be, to carry out the purposes of this Master Declaration. All ACC Rules/ACC Standards shall be consistent with
the provisions of this Master Declaration.
SECTION 5.26. Exemotlon of Grantor. Nothing herein contained shall emit the right of the Grantor to subdivide or
re-subdivide any Lot or portion of the Property or to grant licenses, reservations, rights-of-way or easements w(th respect to Common
Areas to utility companies, public agencies or others; or to complete excavation, grading and Development to or on any Lot or other
portion of the Property owned or controlled by the Grantor, or to alter the foregoing and Its Development plans and designs, or
construct additional Improvements as the Grantor deems advisable in the course of Development of The Landing Subdivision. This
Master Declaration shall not Iimlt the right of the Grantor at any time prior to acqulsitlon of title to a Lot by an Owner to establish
MASTER DECLARATION • 5
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July 21, 1992
• •
t% ~ ~ '~ ~V'~ M-s~T~
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The Landing Subdivision
Architectural Control Committee
12301 W. .Explorer Drive Suite 200
Boise, ID 83704
377-4104
Mr. Donald J. Lopez
1503 W. Merganzer Drive
Meridian, ID 83642
RE: The Landing Subdivision No. 2
Lot 12 Block 4
We have received a copy of your request for variance for a fence on
the above referenced lot. Please be aware that although a variance
may be granted by the city, a variance must also be obtained from
the Architectural Control Committee. The- more restrictive of the
two shall apply.
Accordingly, we have reviewed the variance requested from the city
and will allow a modified variance as shown on the accompanying
drawing.
Please call if you have any questions.
Sincerely,
~~~~~
David W. Turnbull
Architectural Control Committee
cc: Jack Niemann - City of Meridian
enclosure
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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 Ha11, 33 East Idaho Street,
Meridian, Idaho, at the hour of 4:30 o'clock ~,_.m., on
August 10, '. 1992 for the ,purpose of reviewing and
considering the Application of Donald J. Lo~e~
for a variance from the Meridian Fence Ordinance at the
property legally described as follows: Lot #12, B1n~k #a
The Landing Subdivision #2
and known by the address 1503 w. MPran~ar nriva
. The Applicant proposes to
['nnGtriir-t F Fnnt Fans 10 Feet behind sidewalk on Spoonbill
instead of the 20 feet required. See Drawing attached:
The public is welcome. 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.
4
• •
Any aggrieved party may appeal. the decision of the
Committee directly to the iNeridian City Council pursuant to
Section 11-2-416 G.1.
DATED this 15th day of July 1992.
JACK NIEMANN,
ZONING ADMINISTRATOR