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Schoenborn, DarrylCITY OF MERIDIAN 33 E. IDAHO MERIDIAN, ID 83642 FENCE VARIANCE APPLICATION (RE: Meridian Zoning Ordinance) APPLICANT NAME : ~ )ter- T~ 1 , ~C~~n ~ n j~ n r rt. PHONE - /, ~ ADDRESS: _~,-.~ I , d111'pN ~ ~erii~~ T/ ~ ~~l 'S~~.,.J OWNERS NAME & ADDRESS:(If different than above) PROOF OF OWNERSHIP: (COPY OF DEED OR OPTION MUST BE ATTACHID) LEGAL DESCRIPTION OF PROPERTY: I~OT# '7 BLK # SUBDIVISION~`j ~ ~! h C yC rGi _S PRESENT USE & ZONING OF PROPERTY P S! Gib C-i'1 C SCHEMATIC DRAWING: ATTACH DRAWING SHOWING BUILDINGS, STREET'S & PROPOSID FENCE: SURROUNDING PROPER'T'Y OWNERS: LIST OF THE MAILING ADDRESSES OF ALL PROPERTY OWNERS (FROM AUTHIIVTIC TAX RECORDS OF ADA COUNTY) WITHIN TWO HUNDRID (200), FEET OF THE EXTERNAL BOUNDRIES OF THE LAND BEING CONSIDERID : `> , C-~ ~~.a .~ ;:: ~ ~' DESCRIPTION OF REQUIRII~iE~~TS Off' THE ORDINANCE PERMIT THE PROPOSID FENCE : d/ ~ /~, Q,/'~ 4_.Q~ _ ~~: TO $E RIDi~,~D TO l~.11 ATTACH APPLICATION FEE OF $~Q X00 ATTACH STATII~NT THAT FENCE IS ALLOWED UNDER THE RESTRICTIVE COVENANTS OF THE SUBDIVISION OR A COPY OF THE RESTRICTIVE COVENANTS PERTAINING 'I'0 FEN S: APPLICANTS SIC~TATURE: DATE RECEIVED COMMITI~E HEARING DATE RECEIVID BY o~ v c ~N~ l In~~ ~.-IaCerne ....~.,~..~_~,~,....,~.o._.w___ ,... , . SECTION 1: That Section 11-9-605 J., FENCES, is hereby amended by the addition thereto of a new subsection to be numbered 10 and which shall read as follows: 10. That if an owner or applicant desires to obtain a variance rom a rov s ons o ~s ec ion, - - T~ER~E3 s a no a re~a -ea as a var ante pursuan o t e prov s ons o -- or - o e ev se an om e r nances an a prose ure for sus a var ante s aT no a overne ffie a orement oned two sections. here sha 1 be a s ecia prose ure or var antes rom ~s ence or Hance w ch s a a as o ows: a. The owner or applicant shall file an application for a fence variance with the Cit Clerk which app scat on s a state e o ow ng: 1. Address of subject property; 2. Name, address and phone number of aoolicant: 3. Name address and phone number of owners of ~e s~u~jec proper y; 4. Proof of ownership; 5. Legal description of subject property; 6. Present use of subject property; 7. Zoning of the subject property; 8. -Schematic drawing of the building and propose ence; 9. List of the mailing addresses of all ro ert owners (from authentic tax records o A a count w t n eet o t e ex erns oun arses o e an a ng cons erect, 10. Minimum re uirements of this ordinance that nee o e re use o perms a propose fience; 11. An a~li~cation fee established by resolution -the ~ounci a i b. U on recei t of the fence variance a lication die zon n a m n s ra that not ce s may a or s a se a earin ors c ass ma an see to a owners o ro ert w~ n eet o e ra us o e su ect ro ert w Bch ear n sha a he not sooner an a s a er a ma n o a re u re no ice an no more an a s a er ma n o e re u re not ce. a no ce o Baring oes not nee puoi~sned to t he o~~~cia newspaper. c. The hearin established b this subsection shall be con ucte a ence var ance commi ee w ~c comm. ee s a a com r se o e i n sneer e er an o ce a one ounc em er an one ann n an onin em er. uorum o sa commi tee s a e a minimum o ree mem ers o t o comma ee. d• U on hearin the re uest for~the fence variance Fie comm ee s a Bit er a rove or en or a rove wit con bons e a ica on or ence var ance; at no wr tten ~n in s o act s a e re u~re ut a wr en ec s on s a a wr tten o e a scant an to an art reques ng written note ca ion o e ec~s on a, ,.„e earin e. APPEAL. An a rieved art ma a eal the decision o e comm tee irec o t e it ounce ursuan o ec ion - 01-20-93 01,44PM FROIvI PIONEER TITLE-STATE TO PIONEER TITLE-NAMPA P009/019 from eye level. at ground level, at all points within the Property. 2.20 l.faht._Sound _ General. No light shall be emitted from any Lot ax Common Axea which light is unreasonably bright or causes unreasonable Aare. No sound shall be earitted from any Lot or Common Area which is unreasonably loud or annoying, and na odors snatl be emitted on any property which are noxious or offensive to others. 2.21 Construction. During the course of actual construction of any permantrnt improvements, the restrictions Gontaineel iii tl'iis Declaration and any supplemental declarations shall be deemed waived to the extent necessary to permit such construction. provided that during the course of such construction nothing shall be done wtl'iCfl will resin[ in a violation of these restrictions upon completion of construction and alt construction shall be diligently prosecuted to Corilpletion~ continuously and without delays. 2.22 Re-Cr.~nsrruction. In any case whore it is necessary to reconstruct a Unit or any improvemetyt in the Common Area, said re-construction shall be prosecuted diligently. continuously and without delays irom time of commencing thereof until such structure is fully completed any! p~intPd, useless prevented by causes beyond control and only for such time that such causes continue. 2.23 Matntenancir ~n„d n_epa,ir... In the event the improvements on any Lot shall suffer damage or destruction from any cause, the Owner thereof shall undertake the repair, restoration and reconstruction thereof within ninety (90) days of such damage or destruction. 2.Z4 a ces. All Fences shall be of vertical cedar design and construction, No chain-little fences, grape stake fences ox fancas of basket-weave design ehall be alloured. Side fences on corner lots may extend only from the rear Lat line to rear line of the xesidenee. All fences shall comply with City of Meridian ordinances. 2.25 Plat_ Conditions. All covenants, conditions and restrictions and other matters set foxth an all Plats are hereby incorporated by reference and notice is hereby given to the same. 2.26 Front and Swide Yards. The front yard pf each Lot and the side yard of any t_at which is adlaceni to a atrect must be planted with sod within twenty one (21) days of substantial completion, or occupancy. whichever shall first occur. ar as soon thexeafter as the weather permits. All remaining portions of the yard area of each Lot must be planted with sod, shaded and/or landscaped. within cix (b) months of occupancy of the unit. xhe failure of the Owner to timely ,comply with this paragraph shall constitute a failure to perform exterior maintenance and the Associaciu~i a»d/or the Grantor shall have all rights and retaedies provided in Section 2.3. or any other provision of this Declaration. 2.27 No AumtAlnR... No excavation material. grass or yard clippings, rubbish,~trach, garbage. xefu5e or debris shall be' placed or allowed to remain on any vacant or unimproved Lot, ~ Z J WARRANTY DEED (CORPORATE FORM) C>EDUtRY LBNE CONSTRUCTION, INC., a corporation organized and existing under the laws of the State of Idaho, with its principal office at NAMPA of County of CANYON grantor, hereby CONVEYS or GRANTS and WARRANTS TO DBItRYL TODD SCSOENBORN and LINDB ICBY SCHOENBORN grantee of 2031 iii. LUCSEtNE STREET, I~RIDIBN, ID 83642 for the sum of --TEN AND OTHER GOOD AND VALUABLE CONSIDERATION DOLLARS, the following described tract(s) of land in ADA County, State of Idaho: Lot 3, Block 2 of THE VINEYARDS SUBDIVISION NO. 1, according to the plat thereof filed in Book 60 of Plats at Pages 5926-5927, records of Ada County, Idaho Location of above described property 2031 W. LUCERNE STREET, MERIDIAN The officers who sign this deed hereby certify that this deed and the transfer represented thereby was duly authorized under a resolution duly adopted by the boazd of directors of the grantor at a lawful meeting duly held and attended by a quorum. In witness whereof, the grantor has caused its corporate name and seal to be hereunto affixed by its duly authorized officers this December 30, 1992. CHE LAN je'b STRUCTION, INC . ITS PRESIDENT STATE OF IDAHO COUNTY OF CANYON I - l On this ~,~' day of ~C~.YYL~u" 1992, before me, a notary public appeared HARYON H. JOHNSON who being by me duly sworn did say, each for himself, that he, the said HARIYON H. JOHNSON is the president, of CHERRY LANE CONS'TRlJCT10N, ~, a corporation, and that the within and foregoing Instrument was signed on behalf of said corporation by authority of a resolution of Its board of directors.' and ~ said , HARIYON H. JOHN50N each duly acknowledged to me that said corporation executed the same• 'and "that.. the seal affixed is the seal of said corppCatirM. ' •. ~ ~ <~ ~ •• , ~, 0~~~ N ry oublic " -~ Sesldi,rt$ ~X NAMPA, Idaho Myrcgmm'i~s~'on expi?ei;:~ 3-9-94 r~ ' ..... •~~. ' .' ~ , X291252 ."-. ~.A C C U~a~ONEEAF IOTLE Ctn. RECORDER ' °2 DEC 31 PIONEER TITLE COMPANY OF CANYON COUNTY B Sao Pal 3 1 `t ~ ~1,; ,~~._~, ~ ~ ', 100 10TH AVE SOUTH 423 SOUTH KIMBALL NAMPA, IDAHO 83651 CALDWELL, ID 83605 NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to 1i-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 Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of o'clock P .M., on ~U..Y12. ~ , 1993, for ±he r~.:rYCEe of red~ierai^.g and considering the Application of ~r('~I' Kl ~ LLV1 ~CDL ~chOel(IKX1rI(~ for a variance from the Meridian 'Fence Ordinance at the property legally described as follows: Lod- ~ h~oC~ ",1'-~Q ~`p r~s , and known by the address ~~?5~ W . L(dl"Qr np_ ~{', rn0_ri ia. ~ T,~~3t~~a The Applicant proposes to C~_ ~,Pt-[1C~C_lC. ~b'C~ ~2Y1C P~ 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. A Any aggrieved party may appeal the decision of the Committee directly to the Meridian City Council pursuant to Section 11-2- 416 G. 1. DATED this (~hday of , 1993. WAYNE S. FORREY, A I CP ~~~ i.;~ PLANNING DIRECTOR _. ~ ~ .. -- HUB OF TREASURE VALLEY A Good Place to Live OFFICIALS WAYNES.FORREY,AICP,CityClerk CITY OF MERIDIAN COUNCILMEN R A JA NICE GASS, Treasurer BRUCE D. STUART, Water Works Supt. ROBERTGIES ER WAYNE G. CROOKSTON, JR., Attorney 33 EAST IDAHO MAX YERRINGTON JOHN SHAWCROFT, Waste Water Supt. MERIDIAN IDAHO 83642 ROBERT D. CORRIE KENNY BOWERS, Fire Chief , Chairman Zoning a Planning BILL GORDON, Poiice chief Phone (208) 888-4433 JIM JOHNSON GARY SMITH, P.E., City Engineer FAX (208) 887-4813 Centennial Coordinator GRANT P. KINGSFORD PATSY FEDRtm Mayor June 3, 1993 Mr. Darryl T. Schoenborn 2031 W. Lucerne Street Meridian, Idaho 83642 RE: Fence Variance Request 2031 W. Lucerne Street Dear Mr. Schoenborn: The Fence Variance Committee of the City of Meridian met in your wifes presence at 4:30 P.M. - June 1, 1993, in City Hall to consider this request. After consideration of your request, the Committee decided to allow construction of a 6 foot high fence in the set back area along Vineyard AvelZUe as shown on the sketch you .submitted with the application for variance. The cc~ndition~ of this approval are as follows: 1. The face of the fence shall be set ten {,10) feet from and parallel to the existing back edge of sidewalk. 2. The area between the fence and sidewalk shall be landscaped and maintained by you. 3. The board side of the fence shall face Vineyard Avenue. 4. The City of P-4eridian has ro jurisdiction in the enforcement of the provisions of your subdivisions Protective Covenants. Since this is a variance to a provision of your covenants we suggest you contact your Homeowners Association. 5. Please obtain a fence building permit from City Hall prior to beginning construction. Sincerely, Gary D. Smith, P.E. Chairman, Fence Committee cr_, File City Clerk Bldg. Inspector CITY OF MERIDIAN FENCE COMMITTEE MEETING JUNE A, 1993 A G END A FENCE COMMITTEE MEMBERS: Mr. Gary Smith, P.E., City Engineer, Chairman Mr. Robert Giesler, City Council Member Mr. Bill Gordon, Chief of Police Mr. Charlie Rountree, Planning & Zoning Commission Member ITEMS FOF. BUSINESS #1 4:30 p.m. Darryl Schoea~born ~ ~ -(a~5 3Cv REQUEST #2 4:45 p.m. #3 5:00 p.m. #4 5:15 p.nt. #5 5:30 p.m. Change set back for fence to 10'. Greg & Kay Nic-orehouse To construct a 6' wood 3lQZ-~~ 2~ fence (south side) to fall within the required 20' set back. Terry & Tony~- Parker To construct a 6' ~~7 -~ ~(3~'.evv~ ~~- Fence within 10' of ~~-7_ ~~5 ~ sidewalk. Don & Beth *..~iideman To reduce 20' from ~ -~ _y~ ~ ~ . road restriction on ~~C • 34 3 2S ~~ ~ corner lot. Rich Schoen To reduce 20' setback ~-~~ ~ ~~ ~ to 5' on corner lot .