Franck, Dennis~~ ~ ~,~~
~~ w
CITY OF MERIDIAN
33 E. IDAHO MERIDIAN, ID 8342
FENCE VARIANCE APPLICATION
(RE: Meridian Zoning Ordinance)
APPLICANT NAME : ~~•~,,~ u V /~~ PHONE ~~''~ 71P.~
ADDRESS : l ~Q~ ~ - /7~t v~ Lri y ~ ~ of ~" L ~r I ~1' a ~ . ~.Q x,-36 ~a'~
OWNERS NAME & ADDRESS:(If different than above)
~ PROOF OF OWNERSHIP: (COPY OF DEED OR OPTION MUST BE ATrACf~D)
LEGAL DESCRIPTION OF PROPERTY: LOT#_~_BLK # .~ ~
SUBDIVISION /~Gll~e~. l_D(;~N_ ~!`o~ _
~' PRESENT USE & ZONING OF PROPERTY ~` y
''
~ SCHEMATIC~DRAWING: ATTACH DRAWING SHOWIlVG BUILDINGS, STREETS & PROPOSID FENCE:
~ SURROUNDING PROPERTY OWNERS: LIST OF THE MAILING ADDRESSES OF ALL PROPERTY
OWNERS (FROM AUTHENTIC TAX RECORDS OF ADA COUNTY) WITHIN TWO HUNDRED (200)
FEET OF THE RrvAr. BOUNDRIES OF THE LAND BEING CONSIDERID:
~ DESCRIPTION OF REQUIRII~NTS OF THE ORDINANCtE .yT.HAT 'I'O BE
PERMIT THE PROPOSED FENCE : /~~c,~~,s.~.~ .earc¢_ ~Q~~
1f
~ ATTACH APPLICATION FEE OF $ cS`D. 00
`~ ATTACH STATEL`~NT THAT FENCE IS ALLOWID L]NDER THE RESTRICTIVE COVENANTS OF THE
SUBDIVISION OR A COPY OF THE RESTRICTIVE COVELVANI'S PERTAINING TO FENCES:
APPLICANTS SIG[JATCTRE • -B~u~ ~-~C~fitc~
DATE RECEIVED
RECEIVED BY
,~.
COMMI'T'TEE I~ARIlQG DATE
4
w
Mr Dennis Franck
1490 N. Haven Cove
Meridian, ID 83642
August 19, 1994
City Council Members
Dear City Council:
The property at 1490 North Haven Cove in Meridian legally known as Lot 1 Block 10 in the Haven Cove
#2 subdivision is the property under consideration. It is a residential home and is occupied by my family
and I, the owners.
The regulation that I am asking to be reduced shows that a 6 foot fence may only be built coming off the
comer of the house and extending to the back property line. It also states that the 6 foot fence may not be
any closer than 20 feet to the street.
I have two proposals.. My first preference is to ask that the fence be allowed to come from the front corner
of the house to the sidewalk and run to the back property line. This proposal would leave 51 feet from the
fence to the corner of Leonard and Haven Cove. If this is not permissible, my second proposal is to ask
that the 6 foot fence be allowed to come off the house 20 feet from the front corner to the sidewalk and run
to the back property line. This would allow 71 feet from the fence to the corner of Leonard and Haven
Cove.
I realize that the considerations involved with a 6 foot fence on a corner lot include issues of visibility,
function, appearance, legality and possibly others. Thank you for the opportunity to discuss these and
come to a mutually workable solution.
Sincerely, Q
~~~t%~{
--~.
Mr Dennis Franck
pdf/cjm
~I7F P,~r~N
Sc.A~ / "~- 2U
Lo-~ ~ 13Ecc.K /D
Nf1VEN COVE # Z
MER=DSJ~N~ FDA C~,UN7) _~ p~Nu
S EWE/z ~- INA--EP~ Sam VS~~
~GRU~ ~~N.57KUGT?.ON
~z-z6 - y3
T!~ !t
u~, ~ . ' .' ~ .'
~` R '
.,~ .
°~ ~~ ~ ~~
N ~~'
L ~
~ ~ 7~0 ~
z _,
"do3
~.
o
Q
T S nor bwc.k
/'
.._ ~~ I
3
~-
N ~
~ ~-~ Fur GRD ~• 27 F ~ <o
i I ~ r
~ ~-- I ~
~~
.~ ~
~~I 1 3u \
~~ ° x ---
~ io'
i I ~,__ __
-~
~9.~3
i i-e ~i a~ itee~ nei ey~.nave reaq. at~d approved ttie tollowmg:
,,~*
Title File No.: 694-28836
CORPORATE WARRANTY DEED
FOR VALUE RECEIVED,
BORUP CONSTRUCTION, INC., an Idaho Corporation
a corporation organized and existing under the laws of the State of Idaho, with its principal office at
Boise, Idaho of County of Ada ,State of Idaho,
GRANTORIs1, doesldo) hereby GRANT, BARGAIN, SELL and CONVEY unto
DENNIS L. FRANCK and B. JILL FRANCK, husband and wife
GRANTEES(s), whose current address is: 1490 N. Haven Cove Avenue Meridian, Idaho 83642
the following described real property in Ada County, State of Idaho,
more particularly described as follows, to wit:
Lot 1 in Block 10 of HAVEN COVE NO. 2, according to the official plat thereofr-
filed in Book 63 of Plats at Pages 6409 through 6411, 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 Grantorls) doesldo) hereby covenant to and with the said Granteels), that
Grantor(s) is/are the ownerlsl 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
Grantee(s); and subject to reservations, restrictions, dedications, easements, rights of way and agreements,lif 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 Grantorls) will warrant and defend the same from all lawful
claims whatsoever.
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 board 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 to be hereunto affixed by its duly authorized
officers this day of August , in the year of 1994.
Borup Construction, Inc.
By
Keith S. Borup President
Attest:
Secretary
STATE OF Idaho ,County of Ada , ss.
On this day of August in the year of
1994, before me, the undersigned, a Notary Public in and -____ _ __
-- - - o aid$tete; personal) a ~ ------ ---- _ _ - - --_ --_ ------.~_ - _
y ppeared Keith S. Borup
known or identified to me to be the President
of the corporation that executed
the instrument or the person who execucuted on behalf of
said corporation, and acknowledged to me that such
corporation executed the same.
Signature:
Name: Joyce L. Currier
Residing at: Boise, Idaho
My commission expires: 07/30/99
Boise Title & Escrow, Inc.
.. ~.
G~j 3aaa~) `~ pf
a0A ~ . UriTY, 10. FOR ...~! `~.
J. DAVID NAYARRO
RECORDER BY
39
' 93 ~flfl 29 Pfll y 1~
HAVEN COVE No. 1 SUBDIVISION
RESTR I CT I'!E COVENANTS
The
}~erelnafter
covenants
subdivided
COVE No. 1
Township
Idaho.
1JtiJVO1! lc~
undersigned, being the owners of the property
described, do hereby adopt the following protective
in their entirety to apply to real property to be
and contained in a subdivision to be known as HAVEN
Subdivision, a portion of the N 1/2, of Section 11,
North, Range 1 West, Boise Meridian, Ada County,
The said HAVEN COVE N0. 1 Subdivision is divided into single
family residential lots in compliance with the local and state
regulations and laws.
The following covenants shall run with the land and be in
force and effect as outlined below unless or until terminated by
agreement of the owners of seventy-five percent (75$1 of the land
in the subdivision and after all lots therein have been sold by
S. I. Development Inc., hereinafter called "Developez".
Modification or termination of these covenants can only be made
with the consent ~of the Developer while any lots in this
subdivision remain in the ownership of the Developer, and are as
follows:
(1) No building, fence, wall, structure, improvement or
obstruction shall be placed o•r permitted to remain upon any part
of said property unless a written request for approval thereof
containing the plans and specifications therefore, including
exterior color scheme, has been appioved in writing by the
Architectural Committee. The approval of the Committee shall not
be unreasonably withheld if the said plans and specifications are
for improvements which are similar in general design and quality,
and generally in harmony with the dwellings then located on said
property.
(2t Variances in building set-back requirements shown on
plat may be given by the Architectural committee upon proper
showings and so long as the Meridian City ordinances on set-backs
are met.
(3) The ground floor area of the one-story house in this
subdivision shall not be less that 1300 square feet on the ground
floor excluding covered porch areas, breezeways, garages or
patios. Two-story and tri-level homes shall have not less than
1400 square feet, exclusive of the covered porches, entrances,
garages or patios. One-level homes with basements shall have a
minimum of 2900 square feet with the ground level having a
minimum of 1200 square Eeet, also excluding covered porch areas,
breezeways, garages or patios.
~..
• ~ ~ 152uU~;L ~ 15
~_
(4) The value of each constructed residence shall equal or
exceed S89,000 based on Jan, 1993 values.
(5) The design of each house in this subdivision shall
endeavor to include aesthetic qualities such as brick, redwood,
cedar, stucco, or stone facings on the front exposure. Bay
windows, roofs of at least 9 In 12 pitch, broken roof lines,
gables, hip roofs, etc. Exterior colors of earth tones or grays
shall be encouraged. Bright or bold colors, or very dark colors
shall be discouraged.
(6) No gravel roofs, split entry homes, or moving of pre-
built homes into subdivision.
(7) All lots shall be provided with a driveway containing a
minimum square footage such that two oEE-street automobile
parking spaces are provided within the boundaries of each lot.
(8) All such parking area requirements shall be exclusive
of a required attached and enclosed two car garage area which
will hold no less than two cars and no more than three.
(9) For the purpose of the covenants, eaves, steps, and
open porches shall not be considered as part of a building,
provided, however, that this shall not be construed to permit any
portion of a build.inq on a lot to encroach upon another lot. No
building shall be in excess of two stories above natural ground
leve 1 .
(10) Fences shall not extend closer to any street than
twenty feet (20), with the exception of those lots backing Cherry
Lane, nor higher than six (6) Eeet without express approval of
the Architectural Committee and the Meridian City Council, and
shall be of good quality and workmanship and shall be properly
finished and maintained. The location of Fences, hedges, high
plantings, obstructions or barriers shall be so situated as not
to unreasonably interfere with the enjoyment and use of
neighboring properties and streets and shall not be allowed to
constitute an undesirable or noxious or nuisance use. The
determination of the Architectural Committee shall be binding on
all parties as to whether an undesirable, noxious or nuisance use
exists.
(11) No Duplex or multi-family building shall be located
within the boundaries of this subdivision except for a Planned
Unit Development of 2 Acres or larger as approved by the Meridian
City Council.
(12) Construction of any residences on the• subdivision
shall be diligently pursued after commencement thereof, to be
completed within eight (8) months.
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 4:35 o'clock P M., on Monday, September 12, 1994, for
the purpose of reviewing and considering the Application of Dennis Franck for a variance
from the Meridian Fence Ordinance at the property legally described as follows: L_ of 1
Block 10 Have Cove No. 2 Subdivision and known by the address 1490 N. Haven Cove
Ave.. Meridian. Idaho 83642. The Applicant proposed to reduce the required distance
from 20 feet to 0 feet along W. Leonard St..
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 26th day of August , 1994.
WILLIAM G. BERG,. JR., I CLERK
X350 ~~-,~ e r% ca na- ~ ~~-a ~ ~
,~o~:s~ J /c~, ~.3 74~
a - s/~z~~1i~ s~Oz
.S ~E' 3 5' ~~so~ /O
3 5 a ~.~SV~ ~c
~~~~ ~ G~~;~~y ~~.
/~e ~~~diarr, lam. ~-3~ y~
S/ IJG~C f ~ ~ /~/ c~' ~ ~"/S ~c ,
a~ ys' ~ CLie rr~. ~ ~?.
~e ri~~i ~ ~~ l~ X36 y~
ii ~~
/~'~CJJonal~~ % ~~~ ~ Truce'
02 G~ ~~-' !~ ~e~'~y
/~"/erid'ia~ ~~ ~3~.yz.
.3.3 5~ ~~. ~?,~~/~-
..zoo
T u,~`
j /~u sI `~
7. ,x'3.5 ~~ ~ SU 2 7o UCr n za rJ~~i ~i c~av~ ~ ~ ~~~ ran/vet
ar,~l ~ e ~PVe~ /buy ~. ~ ~/lir~/S ~l -
~ , ,~35 D col s' U 3.3 0 ~~r i~ ~.~ ~ ~e 66 i ~ ~ ~Q~~i ~ /~
.2 x(10,5 ~j Gf/_ L Po.-~Ga r~%U ~SJ`-
9~- ~S~~a~O/~O ~PsfCje~~ .~~aq~~- ~ ~ sG~s~t~ ~ino/~~
~ ~ ~~ ~ sh P ~j ~ . y
y
~~;-~ ~~~a ~, lit. ~3~ yz
/4 . ~-3S~o~..76 ~/So ~afQdj'~Ih ~ /j/Orne,s ~~c.
,3~-2 ~- Tay"t~r-Gra.~~ ~a.1
,f3b~S~, /q~. ~3 7a ~
//, i23.s~-~~ oiy~ ~vr1`z, ,L~a.'w~d ~,' d ~o~, fGl /~
~? O . ,f3o x 7S~.j
~oi.5e, ~~ x,3703
/ 5'3 ~ ~t/. t/~rv e~ Cote ~v P-
!_3. /~,3Sv~.Z6!>/~D ~o6Pf--1`sor~, GhQ~~,es k/, o~ ~uhCf ~.
~ 5i.5 ~ ~/• ~~ v~ Co vie ~ ~~ .
'y, /t.~sG~o?( O//O ~ryc e 7~a~~,-,s Carrs7`r~tG7io~ /hc
/~2 0 (v..Z ~~mr~
~3o/s~, /~ . ~~ 7o y
a (off / Ll/. ~- eo n a `-d SJ`-.
/~ . /~350~.1~ py yU S 1 ./~e r~/oPh-rN~if ~i~C .
3 3SG earn ~~~ ca nu T rr~ c ~
~ ~c y /j/~ d/gin ~ ,~3/~+~, ~5~, ~ fe ,~
~u ~jaa, ~d • ~3 mss/
~~
HUB OF TREASURE VALLEY
OFFICIALS
A Good Place to Live
COUNCIL MEMBERS
RONALD R. TOLSMA
MAX YERRINGTON
ROBERT D. CORRIE
WALT W. MORROW
SHARI STILES
Planner 8 Zoning Administrator
JIM JOHNSON
Chairman - Planning 8 Zoning
WILLIAM G. BERG, JR., City Clerk
GARY D. SM THS P.E. City Engineer CITY OF MERIDIAN
BRUCE D. STUART, Water Works Supt.
JOHN T. sHAwcROFT, waste watersuvt. 33 EAST IDAHO
KENNY W. BOWERS, Fire Chief MERIDIAN, IDAHO 83642
W.L. "BILL" GORDON, Police Chief
WAYNE G. CROOKSTON, JR., Attorney Phone (208) 888433 • FAX (2b8) 887813
Public Works/Building Department (208) 887-2211
GRANT P. KINGSFORD
Mayor
September 13, 1994
Mr. Dennis Franck
1490 N. Haven Cove
Meridian, ID 83642
RE: FENCE VARIANCE REQUEST
1490 N. HAVEN COVE
Dear Mr. Franck:
The Fence Variance Committee of the City of Meridian met in your
presence at 4:45 P.M., September 12, 1994, in City Hall to consider
this request.
After due consideration, the Committee decided to allow
construction of this six (6) foot tall wooden fence in the side
street setback area subject to the following:
1. The face of the fence shall be set ten (10 ) feet from the back
of sidewalk along Leonard Street and shall return to your
house at a point approximately seventy (70) feet from. Haven
Cove 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 W. Leonard 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.
Thank you for complying with the City ordinance in requesting this
variance.
Sin erely,
ary D. Smith, P.E.
Chairman, Fence Committee
cc: File
City Clerk
Building Inspector
"'A ~Ui~~lii17 ~'ChMl. .~ •=UU1f~E'J rflH r1LL rt!'~V~=- "`""~+~ µi Lill' HALL-"-
ALL FENC?: °AC~NG GaLF CODRSE MAST SAVE A GATE "' C;1TY OF ~tEFti01AN
FBnce Regulation P~~ pine r~o ..
INSIDELOT -
~ .. .
i
Property , ~:.~~ '~
L1ne ~ ~ .,~ ~• .
~ ~ •~' '
3' Sol id~fence
or 4' Open Chain
Linic. Type Fence
In Front of Setback
Fence Regulation
CORNEi~ LOT
e Line
.Pros rtY .~rl1~
_ !' ~ a' So 1 id or Open ~ Fencr
Behind Sei 8aclc
~:
s
~I
® Propertj-
® Line-~
i
/ i
ZO' Setback
- ~
V ~ L~ti
Dave Open Access *•
~ to dater Meters
an~ Fire Hydrant
•*(4•Y '•gronad area) ~
~ 6' i~od, Solid
~ ~ or Open Fence
1 ~
~ ZO' Setback
3' Wood or So1td Fence
or 4' :Open Fence 0. x -
j ~ 3O
• Slte Triangle 3. a~i~ Link
\ \ ~ Open Fence
C3' Yood or Sol td Fence
~or 4' Open Fence
.fit'
S;