Gibbens, Robert & Sharon
CITY OF MERIDIAN
33 E. IDAHO MERIDIAN, ID 83E42
FENCE VARIANCE APPLICATION
(RE: Meridian Zoning Ordinance)
APPLICANT NAME : ~ b ~ e 2 '~ .~ ~ ~ /~ R v N ~ , ~/ h Q ~~ S PHONE ~ ~ g - ~ ~ 7
ADDRESS : ~ 7 y / ~-v ~ ~F ~~ n~ -~ r~ ~ / c R ~f . ~ .~ ~ ,1 ~ , • W ~ L ~- , a~ 3 ~ S` ~
OWNERS NAME & ADDRESS: (If different than above)
PROOF OF OWNERSHIP: (COPY OF DEID OR OPGT~ION MUST BE ATTACI~D) ~~
LEGAL DESCRIPTION OF PROPERTY: I~OT# / HLK #
SUBDIVISION O N F S v b~; y ~~ s~ o ~~ /U ~,~
PRESENT USE & ZONING OF PROPERTY ~~ S ,~ ~ .a N m, ~~~ yY ~ ~
5~~`•;ATIC DRATv~'~IG: ATTAC'ri L'RAW~vG SnuwTivG BLTi,u.uvGS, S1~R~.fiS & PkOPOSED FENCE:
SURROUNDING PROPER`T'Y OWNERS: LIST OF THE MAILING ADDRESSES OF ALL PROPERTY
OWNERS (FROM AUTf~NTIC TAX RECORDS OF ADA COUNTY) WITHIN TWO HUI~IDRED (200)
FEET OF THE EXTERNAL BOUNDRIES OF THE LAND HEING CONSIDEI2ID:
DESCRIPTION OF REQUIREI~NTS OF THE ORDINANCE THAT NEID TO BE REDUCED 'TO
PERMIT THE PROPOSED FENCE : ~ ~ I ~ ~ w o c d F ~ n1 c' ~r ~' ~ -z + ~' a ~ ~ ~
/ L,' ~ .~ ~ "f ~ ~7 0 l~ ~ is d ~.2 ~ ~ ~ ~ 11l sr c itlr~ ~ U R U r~-~ C~ o i ti /l! R c~ /~ Q
ATTACH APPLICATION FEE OF $ ~~~~~
ATTACH STATII~NT THAT FENCE IS ALLOWID UNDER THE RESTRICTIVE COVII~IANTS OF THE
SUBDIVISION OR A COPY OF THE RESTRICTIVE COVENANTS PERTAINING TO FENCES:
APPLICANTS SI(~TATURE: '~ ''`~
DATE RECElVID
COMMITTEE II~'ARIlJG DATE
RECEIVED BY
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1336U~'13'79
2.21 Construction. During the course of actual
construction of any permanent improvements the restrictions
contained in this 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 which will result
in a violation of these restrictions upon completion of
construction and all construction shall be diligently
prosecuted to completion. continuously and without delays.
2.22 Re-Construction. In any case where it is
necessary to reconstruct a Unit or any improvement in the
Common Area. said re-construction shall be prosecuted
diligently. continuously and without delays from time of
commencing thereof until such structure is fully completed
and painted. useless prevented by causes beyond control and
~5~~ only for such time that such causes continue.
Y 2.23 Maintenance and Repair. 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. __
n~ -----
2.24 Fences. All fences shall be of vertical cedar
J -~
design and construction. No chain-link fences grape stake
fences or fences of basket-weave design shall be allowed.
Side fences on corner lots may extend only from the rear L
line to rear line of the residence.
2.25 Plat Conditions. All covenants. conditions and
restrictions and other matters set forth on all Plats are
- hereby incorporated by reference and notice is hereby given
to the same.
2.26 Front and Side Yards. The front yard of each Lot
and the side yard of any Lot which is adjacent to a street
must be planted with sod within twenty-one (21) days of
_ substantial completion. or occupancy. whichever shall first
occur. or as soon thereafter as the weather permits. All
remaining portions of the yard area of each Lot must be
planted with sod. seeded and/or landscaped within six (6)
months of occupancy of the Unit. The failure of the Owner to
timely comply with this paragraph shall constitute a failure
to perform exterior maintenance and the Association and/or
the Grantor shall have all rights and remedies provided in
Section 2.3. or any other provision of this Declaration.
2.27 No Dumping. No excavation material. grass or yard
clippings rubbish trash, garbage. refuse or debris shall be
placed or allowed to remain on any vacant or unimproved Lot.
without the prior written Approval of the Declarant or the
Architectural Committee. The Owner of any Lot who dumps such
material shall be liable for the cleanup and/or removal
costs.
CITY OF MERIDIAN
"Hub of Treasure Valley"
33 E. Idaho
Meridian, Idaho 83642
888-4433
Customer's
Order N~o~.rn~~
Name ~~
I ~'~~ ~I~ 19 `~
Date l'~
Address
Phone~-1q~~
SOLD BY
~ CASH C.O.D. CHARGE
, , ON ACCT. MDSE RETD. PAID OUT
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-~ e r
I o
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RII ilaime and relureed goods MUST be aieomp~nled Dy this bil4
0 0 9 619 TAX ~
Received ^ i,~
Y U TOTAL ~/1 /~~
rJU ! W
ua ~V~ ~ PPINTEO IN U.S.A.
the grantor , does heI-eby grant, bargain, sell and convey unto Robert L. Gibbens
and Sharon J. Gibbens, husband and wife
'_ ~ whose current address is 2401 W. Rainfall Court, Meridian, Idaho 83642
the grantees ,the following described premises, in .........Ada ........................ County Idaho, to wit:
Lot 9 in Block 1 of ONE SUBDIVISION N0. 1, according to the Official
Plat thereof filed in Book 59 of Plats at Pages 5698 and 5699, Records
of Ada County, Idaho.
9288320
l~4WYERS TITLE
FOR VALUE RECEIVED, Hepper Homes, Inc. , an .Idaho corporation
WARRANTY DEEDJ~
ADr~ C~~!J;;TY, I U. FOR
~D ~
' 92 Gc% 18 Pfd `i (52
4
4
4
TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee ,
their heirs and assigns forever. And the said. Grantor do hereby covenant to and
with the said Grantee ,that he the owner in fee simple of said premises; that they
are free from all incumbrances
and that he will warrant and defend the same from all lawful claims whatsoever.
Dated: ~ ~
Hepper Hom ,, nc.
BY• Ted Hepper, President
__l
STATE OF IDApH~O~,
COUNT'` P~. '.,
year','19 92. ;, bcbr~°~S
State, per Or~I~ pPgg~
kndwn 'Ia~~-:tA ~e tie
;thin ~ thaE~a''iyrze@llted`" tFto
me
} 8a.
day of December in the
Notarp-Fu#~lic in and for said
".Ted Hepper
°es.>i~' of the corpora-
thin instrument or the person
~t on behalf of said corporation
;hat such corporation execute
`• Ix 1J~}TNESS ~ e~aloCiie day andryearoin this certi8cete
afRxed n-Y: Q~
first sbo~e„written.
- ----------
Pu ie ~ the. State daho,
Rcaidinp at ~~; ,Idaho.
/~G~/ ~~ 4795 EMERALD
P.O. BOX 9245
PHONE 3361054
LAWYERS TITLE OF IDAHO Z °' coo Ae 707
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 from Lne rovts~ons of this Section, 11-9-605
~Ei~Z`~ s a no a rea~~ as a var a~nce
ursuan o t e rov s ons o - - or - - o
e ev se an om i e r nances an a rote ure
or suc a var ante s a no a overne e
a orement oned two sections. here sha 1 be a s ecia
rote ure or var antes rom is 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 he o ow ng:
1. Address of subject property;
2. Name, address and phone number of applicant;
3. Nameaddress and phone number of owners of
the sudjec 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 drawin of the buildin and
propose ence;
9. List of the mailin addresses of all
ro ert owners rom au en is ax recor s
o a count wit ~n eet o the
ex erns oun arses o e an eing
cons ere
10. Minimum re uirements of this ordinance that
nee o e re uce o erm~ a ro ose
ence;
11. An a lication fee established by resolution
o e ounce
b. U on recei t of the fence variance a 1 ication
die zon n a m n s ra or s a se a earn an see.
that notice s may a irs c ass ma to a
owners o ro ert with n eet o e ra us o
the su ect ro ert which hear n sha a he not
sooner an a s a er a may n o a re uire
no ice. an no more an a s a er mai n o e
re u~re notice. a notice o Baring oes not nee
e pu.,, ,s~~~~ ~~~ e o ~cia newspaper.
c. The hearin established b this subsection shall
be con ucte a ence variance comma
comm. ee s a a comprise o e i ee w is
er an o ce n sneer e
e one ounc em er an one
ann n an onin em er.
commi tee s a e a minimum o t ree umemu ers o s tie
commi ee.
d= U on hearin the re uest for-the fence variance
Fie Comm t ee s a eat er a rove or en or a rove
wit con Mons t e ap ica on for ence varia
t at no wr tten in in s o act s a
a wri ten ec soon s a e re uire ut
an to an a wr tten o e ap icant
~_, ,Y party reques na written note ica ion o
one aec~sion at a ear n ,
e. APPEAL. An a reeved art ma a
decision o e comma tee erect o t e ~t eal the
ursuan o ec ion _ ounci
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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 4:45 0' clock P . M. , on
APRIL 21 , 1993, for the purpose of reviewing and
considering the Application of MR. ROBERT GIBBONS
for a variance from the Meridian Fence Ordinance at
the property legally described as follows: LOT 9. BLOCK 1_
ONE SUBDIVISION NO. 1 ~
and known by the address 2401 W RAINFALL COURT. MERIDIAN, ID.
The Applicant proposes to CONSTRUCT A 5' WOOD FENCE 10' FROM
PROPERTY LINE ON A BERM._ON A CORNER LOT
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.
z
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Any aggrieved party may appeal the decision of the Committee
directly to the Meridian City Council pursuant to Section 1i-2-
416 G. 1.
DATED this 15 day of APRIL , 1993.
WAYNE S FORREY, AICP
CITY CLERK/PLANNING DIRECTOR
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I • HUB OF TREASURE VALLEY
A Good Place to Live
OFFICIALS COUNCILMEN
WAYNES.FORREY,AICP,CityClerk CITY OF MERIDIAI~1 A
R
JANICE GASS, Treasurer ROBERTGIESLER
BRUCE D. STUART, Water Works Supt.
33 EAST IDAHO MAX YERRINGTON
WAYNE G. CROOKSTON, JR., Attorney ROBERT D. CORRIE
JOHN SHAWCROFf, waste water supt. MERIDIAN, IDAHO 83642 Chelrrnan Zoning a Planning
KENNY BOWERS, Fire Chief
BILL GORDON, Police Chief
Phone (208) 888-4433
JIM JOHNSON
GARY SMITH, P.E., City Engineer FAX (208) 887-4813 Centennial Coordinator
GRANT P. KINGSFORD PATSY FEDRIZZI
Mayor
Apri 1 21. 1993
Mr. Robert Gibbons
2401 W. Rainfall Ct.
Meridian. ID. 63642
RE: Fence Variance Reques
2401 W. Rainfall.:Ct._~
Dear Mr. Gibbons,-
The Fence Variance Committee of the City of Meridian met at 4:45
P. M. - April 21'. 1993, in Cify Ha 1 t'o consider this request.
After consider.~tion of your request, the Committee decided to
allow constru:ctipn of your requested fence: inside the "side
street" set bark area subject to the ff:~'llowing conditions:
1. The face !of the fence shall be set ten (10) feet from and
parallel t:o the existing back edge of sidewalk.
2. The top of 't he fence shall be 6'-6" above the top back edges
of the adjacent sidewalk.
3. The area betweeT# the fence and sidewalk shall be landscaped
and maintained by y..ou.
f
4. The board side of the fence""shall face Waterfall Street
5. The City of Meridian has no 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.
6. Please obtain a fence building permit from City Hall prior
to beginning construction.
Sin erely,
Gary D. Smith, P. E.
Chairman, Fence Committee
cc. F i 1 e
City Clerk
Bldg. Inspector