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.
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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.
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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
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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.
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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-
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~~ 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.
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,~ 13. DAMAGE OR DESTRUCTION OF PREMISES. This lease
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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.
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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
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Tenan ~ Fl y ns
~~ ~ Landlord
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E Wore Johnson•
Landlord
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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
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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
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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
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