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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,. 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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;