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LB Properties~ - T CITY OF MERIDIAN 33 E. IDAHO MERIDIAN, ID 83642 FENCE VARIANCE APPLICATION (RE: Meridian Zoning Ordinance) APPLICANT NAME, L.B. Properties, Inc. PHONE 345= 7515 ADDRESS: 1401 Shoreline Drive, Boise, Idaho 83702 OWNERS NAME & ADDRESS: (If different than above) Elnora L. Johnson 8306 West State Street, Boise, Idaho 83703 lC`~aj ~~~(\l~w PROOF OF OWNERSHIP: (COPY OF DEID OR OPTION MUST BE ATTACHED) LEGAL DESCRIPTION OF PROPERTY: I+OT# BLK # See Exhibit A. SUBDIVISION PRESENT USE & ZONING OF PROPERTY Automobile Sales, zoned Service, Commercial & General Retail SCHEMATIC DRAWING: ATTACH DRAWIlVG SHOWING BUILDINGS, STREETS & PROPOSED FENCE: SURROUNDING PROPERTY OWNERS: LIST OF THE MAILING ADDRESSES OF ALL PROPERTY OWNERS (FROM AUI'I~V'!'IC TAX RECORDS OF ADA COUNTY) WITHIN TWO HUNDRID (200) FEET OF THE EXTERNAL BOUNDRIES OF THE LAND BEING CONSIDERED: DESCRIPTION OF REQUIRII"IIIV'I'S OF THE ORDINANCE THAT NEID TO BE RIDUCID 'I~ PERMIT THE PROPOSID FENCE: We are asking for a variance to the 6' height restriction to comply with the 7' requirement in our conditional use permit. ATTACH APPLICATION FEE OF $ ~o , ~o ATTACH STATII~]'I' THAT FENCE IS ALLOWID UNDER THE RESTRICTIVE COVENANTS OF THE SUBDIVISION OR A COPY OF THE RESTRICTIVE C:OVENANI'S PERTAII~ING TO FENCES: APPLICANTS SIC~IATURE . ~ ~ ~ S h /~/,/ DATE RECEIVED COMp'LZTI'EE HEARING DATE RECSIVID BY • HUB OF TREASURE VALLEY • A Good Place to Live OFFICIALS COUNCILMEN WAYNE S. FORREY, AICP, City Clerk CITY OF MERIDIAN RROBERT GIESLERA JANICE GASS, Treasurer BRUCE D. STUART, Water Works Supt. 33 EAST IDAHO MAX YERRINGTON ROBERT D CORRIE WAYNE G. CROOKSTON, JR., Attorney . JOHN SHAWCROFT, waste water supt. MERIDIAN, IDAHO 83642 Chairman Zoning & Planning KENNY BOWERS, Fire Chief Phone (208) 888-4433 JIM JOHNSON BILL GORDON, Police Chief , GARY SMITH, P.E., City Engineer FAX (208) 887-4813 Centennial Coordinator PATSY FEDRIZZI GRANT P. KINGSFORD Mayor Ju 1 y ~?3, 1993 L. B. Frr~oper~t i es, Inc. 10{b~ Fairview Ave. Meridian, Idaho 836f+2 RE: Fence Var^iance Rey+~est 10iD~ Fairview Ave. Gentlemen: At your request the f=ence VAT^iance Committee of the City of MeT^idian met at 4:3QF F'. M., .I~.-ly 15, 19'9,3 in Crty Hall to consider this matter. After due consideration the committee grant, your T^eq~.~est to construct your^ pT^oper^ty pea^_i meter- fence to a seven (~) foot height as shown on the dT^awing you s~rbmitted with the variance application. F~lease have yott;r contractor obtain a fence bwilding permit fT^o~n City Hall pr^i or^'to beginning construction. Sin eT^ely, , ary D. Smith, F'. E. Chair^man, Fence Committee cc. F i 1 e City CleT^k Building Inspector Leatham-Krohn Ar^chitects ana 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. ', ~ ,- ~. EXHIBIT A .Commencing at a point 330 feet East of the NW corner of the NW1/4 of the NE1/4 of Section 7, in Township 3 North, Range 1 East of the Boise Meridian, in Ada County, Idaho, the real place of beginning; thence East 588 feet along the North line of said section to a point; thence South 660 feet, more or less, to the South line of the N1/2 of the NWl/4 of the NE1/4 of said section; thence West along said line, 588 feet to a point; thence North 660 feet, more or less, to the real place of beginning; excepting therefrom the following described tract of land, to-wit: Commencing at a point on the North line of the NWl/4 of the NE1/4 of said Section 7, Township 3 North, Range 1 East of the Boise Meridian, in Ada County, Idaho, 918 feet East of the NW corner thereof,~the real point of beginning; thence South at right angles 170 feet, and parallel with the East line of said~NWl/4 of the NE1/4 of said Section 7; thence at right angles, and parallel with the North line of Section 7, West a distance of 85 feet; thence North and parallel with the East line of the NW1/4 of the NE1/4 of said Section 7, 170 feet to the North line of said Section 7; thence in an Easterly direction on said North line to the real point of .beginning, except ditch and road rights-of-way. Together with all water, water rights,~ditches and ditch .rights of way .appurtenant :thereto or connected therewith. ,. ~, LEASE AGREEMENT 1 THIS LEASE AGREEMENT, Made and entered into this 1st day of July, 1983, by and between Floyd Johnson and Elnora L. Johnson, husband and wife, Meridian, Ada County, Idaho, hereinafter called "Landlord", and L. B. Properties, Inc., an Idaho corporation having its principal place of business in Boise, Ada County, Idaho, hereinafter called "Tenant," W I T N E S S~ E T H: 1.. LEASE OF PROPERTY. The Landlord does hereby lease to 'the Tenant and the Tenant does hereby lease from the . Landlord upon the terms and conditions hereinafter set ,;t ,.. forth, the real property described in Exhibit A attached J- hereto located in Meridian, Ada County, Idaho (hereinafter. the "leased premises"), together with all fixtures, tene- _ ments, hereditaments and appurtenances thereto belonging or in anywise appertaining. 2. TERM OF LEASE.' The initial term of this Lease shall be twenty years, commencing July 1, 1983, and terminat- ing July 1, 2003. 2(a) OPTION TO RENEW. The~Tenant shall have an option to renew this lease for an additional period of twenty years from and after the initial period set forth in Paragraph 2 above. Tenant shall, on or before the July 1, 2003, give Landlord written notice of Tenant's election to er.ercise his .~~. option to renew this lease for an additional twenty year ,•-: .~ - 1 r /~ ~ 1 ~ A .' period. This option is effective if, but only if, this lease has not been terminated during the initial 20 year term,. and provided further that the Tenant is not in default in any material aspects under the terms and conditions of this lease at the time of giving such notice.. 3. RENT. During the initial twenty-year term-the net rent payable to Landlord shall be~the sum of $2,000 per month with the first month's rent payable in advance on or before July 1, 1983. If the option to renew is exercised by tenant, the monthly rental for the option term shall be subject to adjustment at the commencement of the twenty year option term as follows: . ' ~ '.'. The base for computing the adjustment is the Wholesale Price Index (all items) for the United States, published by the• United States Department of Labor, Bureau of Labox Statistics ("Index") which is published for the month nearest the date of commencement of'the optional twenty year term. I f the I ndex published nearest the adju:~tment date ("Extension. Index") has increased over the Index for July 1983~•_(the "Beginning Index"), the monthly rental for the twenty year • optional term shall be set by multiplying the monthly rents for the initial twenty year term, i . e. $2, 000, by a fraction, the numerator of which is the Extension Index and the denominator of which is the Beginning Index. In, no case shall the monthly rent be less than 52,000. If the Index is discontinued or revised during the term, such other government index or computation with which it is replaced shall be used in order to obtain substantially the same result as would be obtained if the Index had not been discontinued or revised. - 2 - /' ~ - r ~. =M1~; (.. lord on deman~ _ny sum or sums of money t.,at the Landlord may be required to pay by reason thereof. 7. UTILITIES. Tenant shall, at its own expense, pay all costs for utilities supplied to or consumed upon the leased premises during the term of this lease .and which are 8. ENTRY BY LANDLORD. Landlord, its agents or repre- sentatives shall have the right at all reasonable times to irrigation water assessments on the said property. charged to the said premises. Landlord agrees to pay all enter upon the leased premises for the purpose of inspection so long as such inspection does not•unreasonable interfere with Tenant's occupancy. 9. INSURANCE. Tenant agrees to provide fire, casualty, and liability insurance upon the premises. Such insurance shall specifically include a public liability insurance policy protecting both Landlord and Tenant as named insureds from liability for death or injury to any person or persons for injuries which may occur upon the leased premises or out of the use of the said premises by Tenant during Tenant's occupation thereof, in an amount equal at least to One Hundred Thousand Dollars (5100,000.00) of coverage per occurrence. Such insurance shall be subject to review by Landlord, but Landlord's approval of such insurance. shall not be unreasonably. withheld. 10. MAINTENANCE. The Tenant shall during the term of this lease provide its own janitorial service and keep and maintain the interior portion of the leased premises, includ- <- .. (• ' • • Y i ~~ ing but not limited to walls, ceilings, floors, drains, sewer pipes, electrical systems, heating systems, water and plumbing in good repair and in a sanitary condition. 11. IMPROVEMENTS. Tenant shall have the right to make improvements upon the leased premises so long as such improve- ments are made at the expense of the. Tenant. Upon termina- tion of this lease, all improvements which cannot be removed from the premises without substantial damage shall become the property of the Landlord. •12. SUB-LET. Tenant may sub-let or lease any portion of the demised premises with Landlord's written consent, , which shall not be unreasonably withheld. v ~~> ,~ 13. DAMAGE OR DESTRUCTION OF PREMISES. This lease .,, shall terminate and each party shall be released from further obligation hereunder, at the option of either party, if during the term of this lease or any renewal or extension - thereof the demised premises shall be substantially damaged by fire, or natural disaster, or any other cause not the result of negligence of the party exercising the option herein given, if the premises are not restored to their former state of repair within 30 working days after such damage. 14. DEFAULT_ In the event of default, Landlord shall give written notice to Tenant to correct such default, by certified mail, return receipt requested, at such address as ,,` Tenant shall, from time to time provide Landlord in writing. - S - r 1 If default is not corrected within 30 days after receipt of notice, Tenant shall voluntarily surrender possession of the premises together with improvements except as hereinabove provided. In the event either party incurs costs or attorneys' fees or brings suit to enforce this lease or any provision thereof, the prevailing party in such action shall be entitled to recover his reasonable attorneys fees in addition to costs and disbursements in such suit or action. 15. SURVEY. Landlord agrees to provide the Tenant with a survey of the property from a licensed surveyor to include corner pins and stake flags. Landlord warrants that the property is approximately 8 acres in total. This Lease Agreement shall be binding upon -the succes- sors, heirs, executors, administrators and assigns of the respective parties. IN WITNESS WHEREOF, The parties have hereunto set their hands and seals the day and year first above written. L. B. PROPERTIES, INC. FLOYD JOHNSON & ELNORA JOHNSON ~ B Tenan ~ Fl y ns ~~ ~ Landlord .~ . --..- ; E Wore Johnson• Landlord -6- E fir. .•- • ~ -- ~, .~ STATE OF IDAHO ) . L2G~~ ) ss County of ON THIS ~~day of •~'(~J, 1983, before me, the undersigned, a Not y Pub c 'n nd for said state, personally appeared nown to me to be the of t c rp ration that executed this instrument or the pets who executed the instrument on behalf•of said corporation, and acknowledged to me that such corporation executed the .same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the ,day and year in this certificate first above written. 4 C~ Notary Publ' in nd for Idaho Residing at . ~ 5 ,{ c • Fence variance Application List of Property Owners within a 200' Radius 1. Clarence and Berna Deane Morgan 1187 East Fairview Avenue Meridian, Idaho 83642 2. Irene J. and Albert F. Chastain Connie Stafford P.O. Box 2051 Tubac, Arizona 85646 3. Jonas E. Lee, Jr. 835 East Fairview Meridian, Idaho 83642 4. Elnora L. Johnson Elnora L. Johnson Trust 8306 W. State Street Boise, Idaho 83703 5. B.W. Inc. Dennis M. Baker Registered Agent and President 1523 East Boise Avenue Boise, Idaho 83706 6. Scott Allen & Kari L. Anderson 1474 N. Stonehenge Way Meridian, Idaho 83642 7. Mark E. & Toni Sparks 1468 N. Stonehenge Way Meridian, Idaho 83642 8. Statewide Construction,, Inc. 4225 Riva Ridge Drive Boise, Idaho 83709 9. BW, Inc. 10. John Boyle 1450 W. Stonehenge Way Meridian, Idaho 83642 11. Bruce C. Meyer 1721 Vermont Avenue Boise, Idaho 83706 Lot 5, Block 7 I.ot 1, Block 8 Lot 2, Block 8 Lot 3, Block 8 Lot 4. Block 8 Lot 5, Block 8 Page 1 of 2 ~ P 12. Hazel Ruth & James R. Lyons Lot 6, Block 8 1088 Cross Bill Way Meridian, Idaho 83642 13. Lillian Furhnman Lot 1, Block 9 1012 East Third Meridian, Idaho 83642 14. Cordell Rice Moon & Julie Parker Lot 2, Block 9 1457 N. Stonehenge Way Meridian, idaho 83642 15. Prestige Homes, Inc. Lot 3, Block 9 P.O. Box 104 Boise, Idaho 83701 16. Troy S. & Rita L. Bates Lot 4, Block 9 1414 N. Stonehenge Way Meridian, Idaho 83642 17. BW, Inc. Lot 1, Block 10 18. Sandra C. Averill 1035 Fairview 3009 Sunset Street Boise, Idaho 83703 19. James & Susan Daly Parcels 0875 Address Unknown 0865 Page 2 of 2 rAII~vIRR7U A1~LNl~' - -- ~ - - - -DO~o• R a EXID7ING PAVED A111a'1DBILE DIDPLAY AREA P:ANrrra---- a ~~ fi I ~ II I 'I I II k~ it 'i, I .11~„ ,~ i I I ^ I IR_ ~ ~ ier inn i i i i i i i i Dao' i i ~----J __ PL AN7 ~~. ~I I I ~ I I ~~ ~ ~: ! I~ .~I. ' ~~ I~ I, o . ' f If I ~ ~ ~~ ~EXIDifNG PINE TREED i0 DE RELOGAIED~ •, '. v I NEW PAYED A11icf7oplLE PIDPLAV AREA 11 l O' DCOTGH PMC 1' HIGH LLyJOD FENCE RELOGATCD PINC 7RCCD ' ROUND TREE - UJ~S T PROP05FD NE'UJ S,4LE5 ,4ND R~'P,41R ~r4CILITT' 1 1.~ Leaniati - ~ - ar.HirECro eca.F, r • 60'-0' rea fen! N. io~e a ra~ew ,n~rrrue r+e~r,ay iD~a Via.,&,~~