Bevins, Dan & Judi.~.
RECEI~IE~
CITY OF MERIDIAN
33 E. IDAHO MERIDIAN, ID &3E42
N O V 0 4 1994
Cl~i' Y ~r ~~,~11~Y~)~
FENCE VARIANCE APPLICATION
OWNERS NAME & ADDRESS:(If different than above)
(RE : Meridian Zoning Ordinance) ~ ~ ~y j .- ~ !' ~ >
APPLICANT NAME: ~A n '~ `~ ~ t.r ~ ~ ~ ~ v1S PHONE 1-/ m , ~a'_ ~~`S'~
ADDRESS : 2 8"6 ? GU . c~0 u S~" /Ii? ~v- ~ o[ ~'~ (~ , ~ ~ ~ ~> ~-
PROOF OF OWNERSHIP: (COPY OF DE® OR OPTION MUST BE ATTACHED) `~
LEGAL DESCRIPTION OF PROPERTY: LOT# l0 BLK # ~~
~ 2
SUBDIVISION CG~~p~f~ ll~ ~'f _
PRESENT USE & ZONING OF PROPERTY )~ ~ LA S ~pP ~~ ~-'"~. r- h ~ -~
SC~~IATIC DRAWTTTG: ATTACH DRAWING SHOWING BUILDINGS, STREETS & PROPOSID FENCE:
SURROUNDING PROPERTY OWNERS: LIST OF THE MAILING ADDRESSES OF ALL PROPERTY ~~
OWNERS (FROM AUTF~NTIC TAX RECORDS OF ADA COLAVTY) WITHIN TWO HUAIDRID (200)
FEET OF THE ~ BOUNDRIES OF THE LAND HEING CONSIDERID:
DESCRIPTION OF REQUIREMENTS OF TH/ElORDINANCE THAT NEID 2'O BE RIDUCID TO
PERMIT THE PROPOSID FENCE: (.y o Lc.~Gc ~ e~ ~~c -~e v~-~ ~ ~ ~~sf~ S ~~'r~ ~
~ro~j -~-s ~ ~ f6 ~ ~~-e^~. p r~ne~~ ~i K.~. a s S ~e~_
AT'T'ACH APPLICATION FEE OF $ So ~ ~~
ATTACH STATEMENT' THAT FENCE IS ALI~C7WID UNDER THE RESTRICTIVE CWEIVANTS OF THE
SUBDIVISION OR A COPY OF THE RESTRICTIVE COVENANTS PERTAINING TO FENCES:
APPLICANTS SIGNATURE:
DATE RECEIVID
RECEIVID BY
COMMITTEE DARING DATE
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Title File No.: B94-28448
FOR VALUE RECEIVED
WARRANTY DEED
Joe C. Bridgewater and Anna L. Bridgewater and Mark P. Bridgewater and Lori C.
Bridgewater, husband and wife
GRANTOR(s-, does(do) hereby GRANT, BARGAIN, SELL and Cl]NVEY unto Dan B. Bevins and Judi
L. Bevins, husband and wife
GRANTEES(sl, whose current address is: 2867 West Joust Street, Meridian, Idaho 83642
the following described real property in Ada County, State of Idaho,
more particularly described as lollows, to wit:
Lot 10 in Block 6 of CANDLELIGItT SUBDIVISION NO. 2, according to the officitrl
plat thereof, filed in Book 63 of Plats at Pages 6345 and 6346, records of Ada
County, Idaho.
TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Granteels), and Granteels)
heirs and assigns forever. And the said Grantor(s) doesldo) hereby covenant to and with the said Granteels), that
Grantor(s) is/are the ownerfsl in fee simple of said premises; that said premises are free from all encumbrances,
EXCEPT thoso to which this conveyance is expressly made subject and those made, suffered or clone by the
Granteels-; and subject to reservations, restrictions, dedications, easements, rights of way and agreements,(if err
of record, and general taxes and assessments, (including irrigation and utility assessments, if any) for tyre current
year, which are not yet due and payable, and that Grantor(s) will warrant and delend the same from all lawful
claims whatsoever.
Dated: October 14, 1994
7 ~~
--~~ S
Joe C. Bridg
Mark P. Bridgewater
STATE OF Idaho ,County of Ada , ss.
On this 14th day of October in the year of
1994, before me, the undersigned, a Notary Public in and
for said State, personally appeared
Joe C. Bridgewater and Anna L.
Bridgewater and Mark P. Bridgewater and
Lori C. Bridgewater
known or idenlilied to me to be the persons vahose names
are subscribed to the within instrument, and acknowledged
to me that they executed the same.
Signahrre: _.-----_-----
Name: Sheri M. Brown
Residing at: Boise, Idaho
My commission expire:;: 10124197
~ ~._
Anna L. Bridgewater
~~ ~~ ~ ~.~~~1
Lori C. Bridgewater
Boise Title & Escrow, Inc.
~ '~La '~ ~.,,~ C``--~~~ C~~j~~3`~5 ~~c~ 9 `I 0 1 y 8 9 U
' BOISE ID
1s~c~ooo4~z
MASTER DECLAFZATIO~t~7~ FEB 16 P(~ 3 55
COVENANTS, CONDITIONS, RESTRICTIOf`~~~a~D~~~A~E~1/tE~T~
FOR
CANDLELIGHT SUBDIVISION
NOS. 2 AND 3
Prepared by:
s~ nan, suet sties 20o DILLION, BOSCH & DAW, C1oe1Fi3ae-e9so °°'
eow, io e3~a2 CHARTERED
Attorneys for McBee Corporation
1E~OtD~~~~~
w directional drilled wells, tunnels and shafts under and beneath or beyond the exterior limits of the Property,
{iii) re-drill, re-tunnel, equip, maintain, repair, deepen and operate any such wells or mines without,
however, the right to drill, mine, store, explore and operate through the surface or the upper fifty (50) feet
of the subsurtace of the land within the Property.
5.14 Streets. Special applied designs, if any, in the roadways and cul-de-sacs are permitted but
the governmental entity having jurisdiction and control of the public streets and rigFits-of-way shall have
no obligation for the maintenance of such special applied dE~signs.
5.15 Insurance Rates. Nothing shall be done or shall be kept on any Lot which will increase the
cost of insurance on any property owned by any other Owner, nor sha!I anything be' done or be kept on
a Lot which would result in the cancellation of insurance on any property owned by any other Owner of
a Lot within the Property.
5.16 Signs. No commercial billboard or advertising shail be displayed to the public view on or
from any Lot. Owners may advertise a dwelling unit and Lot for rent or for sale by displaying a single,
neat, reasonably sized vacancy sign or "For Sale" sign on the Lot. Signs advertising the name of the
builder and the name of the institution providing financing therefor may be displayed on a Lot during
construction of the Improvements. Lighted, moving or flashing signs for any purpose are prohibited.
Directional signs may be used to give directions to traffic or pedestrians or give special instructions. Any
directional or identification sign in the Property shall be permitted, provided the samE~ is approved by the
ACC prior to installation.
5.17 Mailboxes. Each lot shall have a uniform mail box and support structure installed by Grantor
and maintained by Owner.
5.18 Subdlviding. Unless expressly allowed in this Master Declaration, nn Lot may be further
subdivided, and no easement or other interest less than the whole may be conveyed by the Owner without
the prior written consent of the ACC; provided, however, that an Owner may transfer or sell any Lot to
more than one person to be held by them as tenants in comrnon, joint tenants, tenants by the entirety or
as community property without the approval of the ACC.
5.19 Fences. No fence, wall, hedge, high planting, obstruction or other visual or privacy barrier
(collectively "fence") of any kind shall be constructed on .3 Lot unless the plans and specifications,
including the location, design, material and color, have been approved in writing by the ACC prior to the
construction or installation. It is the intent of the Grantor to create an open, spacious and landscaped
MASTER DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS FOR
CANDLELIGHT SUBDIVISION NOS. 2 AND 3 - 9
1bSU~U045'7
.appearance throughout the Property, and to prevent the construction and installation offences which would
result in any visual obstruction of the waterways or open spaces located within the Property, and all
decisions with respect to fences shall be governed accorclinaly. All fences constructed en a Lct after
approval by the ACC shall be in compliance with the municipal ordinances applicablE~ to the Lot, and shall
be In COm~lianrA with fhc fnlln,.,in., .`~+. ~+:-
.... .~ . ~~ i....,v~J.
a. No fence shall be permitted to be constructed or in~;talled on any portion
of a berm constructed by the Grantor in the Propertytyy.
b. No fence shall be permitted to be constructed or installed in the front yard
of any Lot.
c. No fence on a Lot shall exceed six (6) feet in height.
d. Alt fences and walls shall be constructed, installed and maintained in a
good appearance and condition at the expense of the Owner of the Lot
on which 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 occurs.
5.20 Landscaaing. The following provisions shall govern the landscaping of Lots within the
Property:
a. The Owner shall prepare a landscape plan and shall submit the same to
the ACC, as provided in Section 6.10(c) below. The' ACC shall approve
the landscape plan prior to the installation or constn.iction of landscaping
. ........r,..~ ,,, s ..,., s~ ~o~...~ ~~ ~ acco~ uai u,e wain the approves
plan.
b. The landscaping shall be required to be installed (i) in the front yard and
(ii) in the side yards, to the Haar line of the Building or sideyard fence line,
whichever is applicable ("required landscaping") shall consist of sodding,
automatic underground sprinkler system and three (3) trees, all of which
must be installed by a professional landscape firm prior to occupancy of
the Building following the' initial construction thereof. All other
MASTER DECLARATION OF COVENANTS, CONDIT10NS, RESTRICTIONS AND EASEMENTS FOR _~ _ _
CANDLELIGhIT SUBDIVISION NOS. 2 AND 3 - 10
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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 Hall, 33 East Idaho Street,
Meridian, Idaho, at the hour of 4:,30 o'clock P M., on Monday, December 5L 1994, for the
purpose of reviewing and considering the Application of Dan and Judi Bevins for a
variance from the Meridian Fence Ordinance at the property legally described as follows:
Lot 10. Block 6 Candlelight Subdivision No. 2 and known by the address 2867, W. Joust
Meridian, Idaho 83642. The Applicant proposed to place fence on east side of fro e~rtX
16 feet from roperty line.
The public is welcome. Testimony, objections, and comments will be heard and
considered by the Committee.
A written decision of the Committee wil! be issued to the Applicant and any person
requesting in writing a copy of the decision will be furnished one.
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 15th day of November , 1994.
~~~~>E~ i
WILLIAM G. BERG, JR., I7Y CLERK
OFFICIALS
WILLIAM G. BERG, JR., City Clerk
JANICE L. GASS, City Treasurer
GARY D. SMITH, P.E. City Engineer
BRUCE D. STUART, Water Works Supt.
JOHN T. SHAWCROFT, Waste Water Supt.
KENNY W. BOWERS, Fire Chief
W.L. "BILL" GORDON, Police Chief
WAYNE G. CROOKSTON, JR., Attorney
December 5, 1994
Dan and Judi Bevins
2867 W. Joust
Meridian, ID 83642
HUB OF TREASURE VALLEY
A Good Place to Live
CITY OF MERIDIAN
33 EAST IDAHO
MERIDIAN, IDAHO 83642
Phone (208) 888433 • FAX (208) 887813
Public Works/Building Department (208) 887-2211
GRANT P. KINGSFORD
Mayor
RE: Fence Variance Request
2867 W. Joust
Dear Dan and Judi,
COUNCIL MEMBERS
RONALD R. TOLSMA
MAX YERRINGTON
ROBERT D. CORRIE
WALT W. MORROW
SHARI STILES
Planner 8 Zoning Administrator
JIM JOHNSON
Chairman -Planning & Zoning
The Fence Variance Committee of the City of Meridian met in Dan's presence at 4:30 P.M.,
December 5, 1994, in City Hall to consider this request.
After due consideration, the Committee decided to allow construction of a six (6) foot high wooden
fence in the side street setback area of N. Morello Ave. subject to the following:
1. The face of the fence shall be set fifteen (15) feet from the back of sidewalk along N. Morello
Ave.
2. The area between the fence and sidewalk shall be landscaped and maintained by you.
3 . The board side of the fence shall face N. Morello Ave.
4. 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 also contact your Homeowners Association.
5. Please obtain a fence building permit from City Hall prior to beginning construction.
Thank you for complying with the City ordinance in requesting this variance.
Sin erely,
Gary D. Smith, P.E.
Chairman, Fence Committee
cc: File
City Clerk
Building Inspector