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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 i ~~ ~~~ ~'~ ~ j , ab ., j l i i j ~ j ,~ ~ I J i ~ ,~ ', / ~ !~ ~~ i ~ jf ~ ~'~ i III ~'~ ~ ; ;' j ~ I. 5 ~ ~~ i t N I ' ~/ i I;f ' ` ,, ,'~ ~ ~ I ,` '' I i ~/ ~ ~ f ~ '~~ r ~~~ i /` ~, ~- ~7 a~t~ ~ °~ s 'rrtr • 8'- 6-q ~ T~; ~~hc~~.rr~~~ ~IES1.Era. ors '~~rzn--~~TO~ ~R~v-r, G A~ Swi -T~, FGv~ ce _V A v- ah c~ 1Za~u aS ~" 15os w. r~~~q~~Z~~. bn - t.~ w- w1 ear s ; I, ~' t~~v~~ s~e.e a ye iii cl~ si~~nt ~vro blew, -~av V~~t~`cl~s _ ~raval~~h~ wssir ov, merc~~~ur as ~ ea~~r ate. 5n~oov-bi it lv--~evst~t~'or~ 2. Z don`t Gave c~ ~~~b~I.e~, w--~h +h.~ ~e~ c.e b-e~-~~j ~ ~ -J"t away -~w~ ~ s~~dcwalk at- ids v~d~f~,t~n vMost~ ~a~~~°; I-~owcver~ ~ecac~s~ ¢~ -1~e loca~1~r~ a= Via, dr~`vewu~ n~ ~ add a~r-~ ~+~ (5bo 5r+oohb.ll ~ -J•1~. -~~Hc~ J,-~.a. sho~Id ~a~ralle.! f~ 4~0~ ~e ~ h~~' ~~ s+~'. ~iS Wi ~ ~ allow a, - c~rtver o~ ~ CAY `h -cwt. a d j a ccv~t d-~t~ve.wa~ ~ I po 6~ VI~^{-h ~~ r~~ce wi~~ o~+~' ~acki~~ am-~O ~ stol~~al'~c . If -I~Ls s+nbd-v~sion has a. lv~- o~ c~~;Ids-~~- Us~~~ tI.-Q. si~ewAlk -~t wool d be. sa-~er {or -~.~~+ i~ ~ c~.~w-obiJe F e _didvifi cvt9SS '~. stdewq lac, be cvc. -,~. d r~v~r ~o~--(d pct' ~ cle~ r vow • G~ ~~,~9~ July 21, 1992 • • t% ~ ~ '~ ~V'~ M-s~T~ =~/~~/9~ 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 ~ • --- m , ~~ • T 11 ~c 61 ~° . c+ t~ to ~_ -~\ `~- - ~~ ~. ----~ - -~~~`. _~ .. -p - --- ---- ~ __ - ~•. - - -- -- J ~ " ~ a. ..__________.. _-_ `~ w: .:..~~ _ _. __ _._~__ .-_____-_.~_.g.~- ~"""~,w ----~~,d ~~ -- -- --- ~- .,,~.,~~ --------------- r cry. _ rL~,. ,u-/~ ~~~-~G ~_`~_ _ ,~_ • • 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