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Capital DevelopmentCITY OF N=IAN RECEIVED 33 E. IDAHO MERIDIAN, ID 83642 MAR 2 9 1994 FENCE VARIANCE APPLICATION (RE: Meridian Zoning Ordinance) APPLICANT NAME: Capital Development, Inc. PHONE 377-3939 ADDRESS: 2304 N. Cole Rd. Suite A - Boise, ID 83704 OWNERS NAME & ADDRESS:(If different than above) PROOF OF OWNERSHIP: (COPY OF DEED OR OPTION MUST BE ATTACHED) LEGAL DESCRIPTION OF PROPERTY: LOT# RT K # - (see attached) SUBDIVISION Applegate PRESENT USE & ZONING OF PROPERTY Residential Subdivision - R1 SCHEMATIC DRAWING: ATTACH DRAWING SHOWING BUILDINGS, STREETS & PROPOSED FENCE: SURROUNDING PROPERTY OWNERS: LIST OF THE MAILING ADDRESSES OF ALL PROPERTY OWNERS(FROM AUTHENTIC TAX RECORDS OF ADA COUN'T'Y) WITHIN TWO HUNDRED (200) FEET OF THE EXTERNAL BOUNDRIES OF THE LAND BEING CONSIDERED : DESCRIPTION OF REQUIREMEN'T'S OF THE ORDINANCE THAT NEED TO BE REDUCED TO PERMIT THE PROPOSED FENCE: Distance reduced from 20 ft_ to 10 ft. Landscaping will be added. ATTACH APPLICATION FEE OF $ 50.00 ATTACH STATEMENT THAT FENCE IS ALIDWED UNDER THE SUBDIVISION OR A COPY OF THE RESTRICTIVE COVIIVANT Is maw fm � APPLICANTS SIG COMMITTEE HEARING DATE w l b b �. —� 7200' 7100' 76.24' CRP 10890' T 50' g 11 10 9 8' 109.PB' Uj I JB.33' 73,00' 73.00' 7100' c 109.66' 89'4339'E � BLOCK 1 61.90, 78.00' 78.00' 78.00' . 3. N I ' 10' --, 16 9g 8 7 In 110.03' m Y I 89'43'39E.' I ao Co I 4 > L,1 Q ,O 03 � 10' 83,52• 78.00' 78.00' 78.00 r p I{� p N S.89'43'39'E. r� N . 1+1 �i s' 1 g I ~ 10• T 5 ... (v .40' AM d 5.89 3'39'E. r ( a s' I} 3 10 S,00°15'18`W 103,00' 2 0 5 50' 3 Z I I �y, 6515' 5,05°03'27`W, 50,18' <81 7651' D`q1 x•54' W. 128.57' I CRITERION STREET 105.86' CITY Ur MERIDIAN S.89'43'39'E• 20, WATER EASEMENT INST, NO. 7620284 - VACATION INST, NO. 9362�i69 I 101.58' 86.11' T I ;BLOCK 2 sm 816 kEb4R w�rOAULMWS 00°15'18`W, 97,66' - W 10' 3 _ ^ CA„ W ro • 16 4 5' o 'o,� a iKcAP Q ]2217 r 15' I SET 518" RESAR WITNESS CORNER 2'NORTH OF ACTUAL CORNER LINE G' 76.33, ON LOT ti ^' N,89°49'16'W, 3 z I 10 13 78.35' Z 122.70' �n O 10' UTILITY EASEMENT (iYP) I 5.89'19'16'E. O A'PPLW &ATE $ugDll1I6i0� I kxj 0 /9 v) CITY OF MERIDIAN 28' 0'I 356►•— WATER EASEMENT INST, NO. 7620285 INST. NO. is i e• �f� 102.44' VACATION 0 161.43' , N,89'4 9'16 `W. lD INITIALS POINT' SXl-1 k _SE T z 5 BRASS CAP W. PINE AVENUE BRASS CAP 1845'04' E. 1/4 COP. S FOUND 1419.75' AZAD. STA, 43#72.65 FWND BRASS (1419' )VIDAY'S) C.P. F (1419.81' PER STATIONING) G ORDER NO. 93037749 TN/SL EXHIBIT "B." That portion of Lots 2, 3, and 4 of NIDAY'S ADDITION TO MERIDIAN, according to the official plat thereof filed in Book 2 of Plats at Page 75, records of Ada County, Idaho, and being more particularly described as follows: Commencing at a brass cap monument in the centerline of Cherry Lane, said monument marks the North Quarter corner of Section 12, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho; thence South 00 degrees 15145" West a distance of 1988.69 feet to a found 5/8" rebar; thence South. 00 degrees 17142" West a distance of 664.28 feet to a brass cap monument in the centerline of W. Pine Avenue, said monument marks the center of said Section 12; thence North 00 degrees 17142" East a distance of 30.00 feet to a point;' thence South 89 degrees 49'16" East a distance of 16.00 feet to a 5/8" rebar with plastic cap; thence South 89 degrees 49116" East a distance of 161.43 feet to a 3" brass cap monument on the North right of way of W. Pine Avenue, marking the "INITIAL POINT"; thence North 89 degrees 49116" West a distance of 161.43 feet to a set 5/8" rebar with plastic cap; thence North 00 degrees 17142" East a distance of 634.25 feet to a set 5/8" rebar with plastic cap; thence South 89 degrees 43139" East a distance of 1025.85 feet to a set 5/8" rebar with plastic cap; thence South 00 degrees 15,18" West a distance of 251.80 feet to a set 5/8" rebar plastic cap; thence North 89 degrees 49116" West a distance of 100.00 feet to a set 5/8" rebar with plastic cap; thence Sout 77 degrees 49125" West a distance of 51.20 feet to a set 5/8" rebar with plastic cap; thence North 89 degrees 43139" West a distance of 632.25 feet to a set 5/8" rebar with plastic cap; thence South 00 degrees 15,18" West a distance of 103.00 feet to a set 5/8" rebar with plastic cap; thence South 05 degrees 03123" West a distance of 50.17 feet to a set 5/8" rebar with plastic cap; thence South 00 degrees 15118" West a distance of 97.86 feet to a set 5/8" rebar with plastic cap; thence North 89 degrees 49116" West a distance of 78.35 feet to a set 5/8" rebar with plastic cap; thence South 00 degrees 16'57" West a distance of 120.00 feet to the "INITIAL POINT". THIS FORM FURNISIIED COURTFSY OF: STEWART TITLE READ & APPROVED BY ORANTEE(S),__J_' SPACE ABOVE THIS LINE FOR RECORDINO DATA__ 70670/0750} Order No.: 93037749 TN/SL WARRANTY DEED FOR VALUE RECEIVED WILMA BASS (who acquired title as WILMA CENTER) AND FERIS BASS, Wife and Husband, FEIRBA J. CAIRNS (who acquired title as FEIRBA GOODE), a married woman, AND FEIRBA CAIRNS, Conservator and ** GRANTOR(S), does(do) hereby GRANT, BARGAIN, SELL and CONVEY unto J. RAMON 'YORGASON AND MARILYN YORGASON, HUSBAND AND WIFE GRANTEE(S), whose current address is: 2304 N. COLE ROAD, BOISE, IDAHO 83704 die following described real property in ADA County, Slate of Idaho, more particularly described as follows, to wit: As set forth on the attached EXHIBIT "A", which by this reference becomes a part hereof. **Guardian of the ESTATE OF VEMM T. cAIRNS, a protected person, under Letters of Conservatorship and Guardianship, Case No. 3P-14544 TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee(s), and Grantees) heirs and assigns forever. And the said Grantors) does(do) hereby covenant to and with the said Grantee(s), that Grantor(s) is/are the owner(s) in fee simple of said premises; that said premises are free from all encumbrances, EXCEPT those to which this conveyance is expressly made subject and those made, suffered or done by the Grnntee(s); and subject to reservations, restrictions, dedications, easements, rights of way and agreements, (if any) of record, and general taxes and assessments, (including Irrigation and utility assessments, If any) for the current year, which are not yet due and payable, and that Grantor(s) will warrrant and defend the same from all lawful claims whatsoever. Dated: January 21, 1993 n / : ..ate FEIRBA J./EAI1�2NjS l fi- J WILMA BASS STATE OF 'I -r- t.q s COUNTY OF -BF r -q S FEIRBA CAIRNS, Conservator d Guardian On this ';, D day of � AT�UcklL% , in the year of C13 , before me, die undersigned, a Notary Public in and for said State, personally appeared Wi Ima mss known or identified to me to be the person(s) whose na9ne(s) is/are subscribed to the within instrument, and acknowledged to me that he/she/they executed the same. yy ' Signature: al1� Q d a'► SANDRA L. DEICKE BOhq ruEne. Rsls 0111311 Name: S(4noi e A L I JE I C. K E. o Cpmmhsbn [ �4n 09111199 ("a of P&O Residing at: loo . No inlon ran -I -18;oS My Conunlssion Expires: -S-11-415 9. List of mailing addresses of all property owners (from authentic tax records of Ada county) within 200 feet of the external boundaries of the land being considered; Meridian, ID 920 & 922 W. 8th (duplex) 928 N. 8th 712 W. Pine 644 W. Pine 632 W. Pine 645 W. Pine 711 W. Pine 801 W. Pine 803 W. Pine 821 W. Pine 831 - 845 W. 7th (apt.bldg.) 801 - 823 W. 7th (apt. bldg.) 700-712 W. Idaho (four plex) 682 - 692 W. Idaho (duplex) 830 - 844 W. 7th (apt.bldg.) 802 - 824 W. 7th (apt. bldg.) Gerry R. & Helen J. Morisette Doyle E. & Dorothy L. Nixon Daniel William Luke Wayne D. & Kathleen F. Skiver Lowell H. Gass Et ux Ray O. or Lova June Pack. Emil W. & Esther L. Brincken Dennis F. & Charlene Taylor Russell V. Liddell Charles R. & Marlene K. Stuart Donald R. & Jeanette P. Toolson Joe E. & Norma L. Randal Rupert L. Oates Paul L. & Mary L. Westberg Richard S. & Louise Hershey and Clifford B. & Janet L. Hershey Peter & Arlene D. Davidson 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, May 2 1994, for the purpose of reviewing and considering the Application of Capital Development for a variance from the Meridian Fence Ordinance at the property legally described as follows: Lot 1, Block 2 Applegate Subdivision The Applicant proposed to reduce the distance from 20 feet to 10 feet Landscaping will be added 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. 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 13th day of April , 1994. HUB OF TREASURE VALLEY OFFICIALS A Good Place to Live COUNCIL MEMBERS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer CITY OF MERIDIAN RONALD R. TOLSMA MAXYERRINGTON ROBERT RRO GARY D. SMITH, P.E. City Engineer R WALT W. MORROW W M BRUCE D. STUART, Water Works Supt. 33 EAST IDAHO SHARI STILES JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS, Fire Chief MERIDIAN, IDAHO 83642 Planner & Zoning Administrator W.L. "BILL" GORDON, Police Chief JIM JOHNSON WAYNE G. CROOKSTON, JR., Attorney Phone (208) 888-4433 • FAX (208) 887-4813 Chairman - Planning & Zoning Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor May 2, 1994 Mr. Ramon Yorgason Capital Development, Inc. 2304 N. Cole Rd. Suite A Boise, ID 83704 RE: Fence Variance Request Lot 1 - Block 2 Dear Mr. Yorgason, The Fence Variance Committee of the City of Meridian met in your presence at 4:30 P.M. - May 2, 1994, in City Hall to consider this request. After consideration of your request, the Committee decided to allow construction of the six (6) foot tall wooden fence in the Pine Street setback area under the following conditions: 1. The face of the fence shall beset ten (10) feet of and parallel to the southerly property line of Lot 1 - Block 2, and shall begin 35 feet from the east right of way line of N.W. 7t St. 2. The area between the fence and sidewalk shall be landscaped and maintained by you or the lot owner. The height of landscaping shall not exceed 36 inches as measured from the Pine St asphalt surface. 3. The board side of the fence shall face W. Pine Street. 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. Sinc rely, I zgv� Gary D. Smith, PE Chairman, Fence Committee cc: File City Clerk Bldg. Inspector