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Hodge, GaryCITY OF MERIDIAN 33 E. IDAHO MF:RTnIAN, ID 83E42 FENCE VARIANCE APPLICATION (RE: Meridian Zoning Ordinance) APPLICANT NAME: PHONE O O `a ~~s ADDRESS : ~~~ .~S ~ I ~ ~ Jy1 OWNERS NAME & p,DDRESS:(If different than above) PROOF OF OWNERSHIP: (COPY OF DEED OR OPTION MUST BE ATTACI~D) LEGAL DESCRIPTION OF PROPERTY: LOT#~,_~ # ~ • SUBDIVISION C!~`~`'°~ - PRESENT USE & ZONING OF PROPEF~I'Y SCf~lATIC DRAWING: ATTACH DRP,WIl~TG SHOWING BUILDINGS. STREErrS & PROPOSID FELVCE: SURROUNDING PROPERTY OWNERS: LIST OF THE MAILING ADDRESSES OF ALL PROPERTY OWNERS (FROM AUTF~N''rIC TAX RECORDS OF ADA COUNTY) WITHIN TWO HUAIDRID (200) FEET OF THE ~ BOUNDRIES OF THE LAND RFTNG CONSIDER: DESCRIPTION OF REQUIREL~LVTS OF THE ORDINANCE PERMIT THE PROPOSID FENCE : G2~~ a 6 ,~ NEID TO BE REDUCID TO rr~ ~-~-t~ . %~ ATTACH APPLICATION FEE OF $ ~d •QQ ATTACH STATII~IVT THAT FENCE IS ALLOWID UNDER THE RESTRICTIVE OWEL~IANTS OF THE SUBDIVISION OR A,COPY OF THE RESTRICTIVE COVEDTANTS PER'T'AINING TO FENCES: APPLICANTS SIGNATURE: ..~ ~ DATE RECEIVID COMMITI~E HEARING DATE RECEIVID BY 5,68.60'00"E. 668.18' r... _111.41• - 49' 46' 16.97- -70.00'_. _10,00' _70.00' -70.00' _70.00' _)0.00' I e~ocK z A parce I ~.ocK~i a ~ bb ~ ~ ~ bb Southwest i I 8 2 ~$ 3 4 4 ~$ 5 ~$ 6 $ 7 4 I ~ ~ ~ ~- ; R -~ ; R -~ -~ R Northwest I/' ~ ~ City of eae9' ~ ~ ~'? ' s6•e9' lo.oo' 10,00' to oo' lo,oo' lo.oo' lo,oo' ~ 9~1 6/e" x 19° ~ s,ee'SO'oo"E. _ b S,e9'SO'o0"E. W._STATE STREET s.e9'60'0_0"E. Iron Pfn 190.16' '" 961,9J' get ER, no I 140,00' m conc. cddwr „ of mord,ole N ~) ~ 6Q46 ~ ~ . 63.03' e3.oo~ e3.oo' s2.9a' . ° a. s9.o3' n Thls s!:^t^h I~ i~• i~,1~;'4 ~ ~!rr~s9s I~ ~~ ~~~ ~~ ~~ ~ only. ~I~~ ±. ,, ,;~~~ ~ su~a~s na ~ 6 $ ~ ~ 8 Ilal?ili'.; III ~t;E~i~~~,s, ~ I ~ 2 ~o `~ 3 `~ ~ 4 n I IN.e9'4~'00'W, y o' ~ N ~ N ' - ~ "-' ~ ~ °' s.e9•a6 oleoM E. of Ada Cou ~ loe.ee ~ I ~ ~ ~, '~ ~ ~ ~ n 62,94' ~ Q r r F- - - ''I ~ " BLOCK ~ „ n n } s,e9'44'16"E, ~ 3 J tte9'41'00"W. ~ ~ ~ ~ ~ ~ o J IIS.00' !09.46 N `~ g ~ ~ 7 ~ ~ 6 "~, ~ " 5 ~ W $ ~ ih - m c b -o ~-' ~ 9 J~~o 4 ~ ~ ~;~ H ui r 4.73' vi 3 C•IT to vi ~ ~r ~ ~ 2.96' 83.00' I C.) ~ 9.89' 44'16"E. o Ile9'44'00"W. ~ S.89'SO'00"E. ~ 195.77' C-g ~ I 100.04 g - S6 ) C-12 ~ ~p ~° I$ ~ $ o W. CLARINDA DRIVE c-9 s~ s°0 E' c II /~/ U T 3 0 ~ ~ v ; 65.18' eo.l9 ~ s~ ~-o~ ~f J o _ ~ ~, ~ ~ r ~ '~47' S 9 . C-IB S.2 ~ 60 0 ~~ 136.61' _ C-10 `y iJ J2J S A E IN FEEI ~ I ~ $ ~ N.69'46' 45~ W, s loaaz ~ 3 .o ; 4 >$ 0 136.61 ~ 2 ~ la S.69'SO'00"E. 1e9'SO'oo°E. 1° N.99'48'45"W. 195.00' ~ N -es.ls -T -eo.2o-- Ke9.4a"oo"w, 13 N.0.15' 44"E • `~~0~20"~. c BLOCK - ~ 03 I M 45.00' s ~~ ~ ' r ~ ~ ~. \~I ~`~~ ~' ``~ o a, p UNPLATTED _ . `` ` L4 C\ Z yj ~7 9 '~ 4~.er ~a.or 6' 65.12' 9C.c0' ,~ ,1~1r9-W dY~~~b~, J s~~' ~' Y~~~ A WHEN RECORDED MAIL TO: Premier Mortgage Resources 8150 Emerald, Suite 190 Boise, Idaho 83704 [Space Above This Line For Recording Data] Loan Number 94-20166 DEED OF TRUST THIS DEED OF TRUST ("Security Instrument") is made on AUGUST 3, 1994. The grantor is GARY J. HODGE, AN UNMARRIED PERSON ("Borrower"). The trustee is PIONEER TITLE COMPANY ("Trustee"). The beneficiary is CARL I. BROWN AND COMPANY, A KANSAS CORPORATION, DBA PREMIER MORTGAGE RESOURCES, which is organized and existing under the laws of THE STATE OF KANSAS, and whose address is 612 WEST 4TTH STREET, KANSAS CITY, MISSOURI 64112 ("Lender"). Borrower owes Lender the principal sum of SEVENTY-SEVEN THOUSAND SIX HUNDRED AND 00/100ths Dollars (U.S.$77,600.00). This debt is evidenced by Borrower's note dated the same date as this Security Instrument ("Note"), which provides for monthly payments, with the full debt, if not paid eazlier, due and payable on SEPTEMBER 1, 2024. This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications of the Note; (b) the payment of all other sums, with interest, advanced under paragraph 7 to protect the security of this Security Instrument; and (c) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower irrevocably grants and conveys to Trustee, in trust, with power of sale, the following described property located in ADA County, Idaho: LOT 1 IN BLOCK 4 OF CLARIIVDA FAIR SUBDIVISION, ACCORDING TO THE PLAT THEREOF, FILED IN BOOK 57 OF PL.1TS AT PAGES 5427 AND 5428, RECORDS OF ADA COUNTY, IDAHO. which has the address of 915 NORTH WEST 11TH STREET, MERIDIAN, [sueal i [c~~rl Idaho 83642 ("Property Address"); [zip caa~l TOGETHER WTTH all the improvements now or hereafter erected on the property, -and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to grant and wnvey the Property and thtt the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform wvenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal and Interest; Prepayment and Late Charges. Borrower shall promptly pay when due the principal of and interest on ~e debt evidenced by the Note and any prepayment and late charges due under the Note. 2. Funds for Taxes aad Insurance. Subject to applicable law or to a written waiver by Lender, Borrower shall pay to Lender on the day monthly payments are due under the Note, until the Note is paid in full, a sum ("Funds") for: (a) yearly taxes and assessments which may attain priority over this Security Instrument as a lien on the Property; (b) yeazly leasehold payments or ground rents on the Property, if any; (c) yearly hazard or property insurance premiums; (d) yeazly flood insurance premiums, if any; (e) yearly mortgage insurance premiums, if any; and (f) any sums payable by Borrower to Lender, in accordance witlt the provisions of paragraph 8, in lieu of the payment of mortgage insurance premiums. These items are called "Escrow Stems." Lender may, at any time, collect and hold Funds in an amount not to exceed the maximum amount a lender for a federally related mortgage loan may require for Borrower's escrow account under the federal Real Estate Settlement Procedures Act of 1914 as amended from time to time, 12 U.S.C. 4 2601 e1 seq. ("RESPA"), unless another law that applies to the Funds sets a lesser amount. If so, Lender may, at any time, collect and hold Funds in an amount .not to exceed the lesser atnou~. Lender may estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with applicable law. IDAHO-Single Family-Fannie MaelFreddls Mac UNIFORM INSTRUMENT Form 3073 9/90 (page 1 nj5 pnges) 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 nday, November 21, 1994, far the purpose of reviewing and considering the Application of Gary Hodge for a variance from the Meridian Fence Ordinance at the property legally described as follows: of 1 Block 4 Clarinda Fair Subdivision and known by the address 915 NW 11th Street Meridian.lda off. The Applicant proposed #0 1~ace a 6 foot fence on the south side. Qf the house 10 feet out to the south from the house 12 feet north of the sidewalk on the south side of the.property. 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 1st day of November , 1994. WILLIAM G. BERG, JR,., I CLERK ,~~~~-~ Oc ~ ~h ~- ~_~. ~ :_~~,,~.. ~ ~~5 ~ , I l -~ s ~ ~~ ~ 1~3 1~ /o ~~ s ~ x`6'1' l~~ 4~1 8~~--3~-~'~ l l ~'~l„~cgad~~s ~-s~d6 3~s ~~s~ S', ~ ~-..~.~e~e ,,,, Q,~~~.,o L~3~3 a ~~~~z-~. ~~~ 83705' ~'~, ~/alCe cnd Car-cy' ,~~sv~~r q2o ~ 1 J fi" y~; ~r ~ c1 ~Gn ld ~hd 83~U2 ', y, ~, ~, .~ ~h2rs lea s ~ 1~, ~ ~ 5 W ~ l ~ ~` ~ , i'h r~,_ ~ ~'yrrN ,~~ ~ ~k - 3 ~ N ~ 1v, ..~~~`-~ ~ ~~ ~y6 0 ~i~-~ ~ ~3 goy ~,~ 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 HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO 1~RIDIAN, IDAHO 83642 Phone (208) 888433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor November 21, 1994 Gary J. Hodge 915 N.W. 11th St. Meridian, ID 83642 RE: Fence Variance Request 915 N.W. 11th St. Dear Gary, COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner & Zoning Administrator JIM JOHNSON Chairman -Planning 8 Zoning The Fence Variance Committee of the City of Meridian met at 4:30 P.M.,November 21,1994 , in City Hall to consider this request. After due consideration, the Committee decided to approve of your request to construct a six (6) foot high wooden fence in the side street setback area of W. Pine St. subject to the following: The face of the fence shall be set twelve (12) feet from the back edge of sidewalk along W. Pine Street. 2. The area between the fence and sidewalk shall be landscaped and maintained by you. 3. The board side of the fence shall face West 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. Thank you for complying with the City ordinance in requesting this variance. S' erely, Gary D. Smith, P.E. Chairman, Fence Committee cc: File City Clerk Building Inspector SECTION 1: That Sect ion 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 trom the rovisions o is ec ion - - s a no a rea a as a var ante ursuan o t e rov s ons o - - or - - o e rev 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 ~s 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 _pp cat on s a state e o ow ng: 1. Address of subject property; 2. Name, address and phone number of applicant; 3. Name address and hone number of owners of e su sec 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 drawing of the building and proposed ence; 9. List of the mailin addresses of all ro ert owners rom au en is tax recor s o a count wit n ~~eet o the ex erna oun arses o e an eing consi erect, 10. Minimum requirements of this ordinance that need to be re uce o permit a propose fence; 11. An a lication fee established by resolution o~ a ounci ; b. Up on recei t of the fence variance app lication die zonin a m n s ra hat no ice s may a ov a se a earin rs c ass ma an see to a owners o ro ert with n ee o e ra us o the su ect ro ert which hear n sha a he not sooner an a s a er a ma n o a re uire no ice an no more an a s a er may n o e re u re not ce. a no ice o Baring oes not nee ~v ve p ublished in T he ~~~cia newspaper. c. The hearin established b this subsection shall b`e con ucte a ence var ance commi ee w is comm. ee s a a comprise o e n sneer e er an o ce a one ounc em er an one ann n an on n em er. uorum o sai commi tee s a e a min mum o t ree mem ers o t o 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 a Ica on or ence var ance; at no wr tten in ~n s o act s a e re wire ut a wr ten ec sion s a e wr ten o e ap icant an o an art reques n written not> >ca ion o tine decision a ie Baring e. APPEAL. An a rieved art ma a peal the aecis on o e comma tee erect o t e it ounce ursuan o ec ion uu~~uii~n rCtu`I11 t~ KtVU1HtU rUK HLL FENCES 1$$UED ALL FENCES FACING GOLF. COURSE MAST HAVE A GATE Fence Regulation INSIOE LOT Property Line ~ . Property ,. ';I~ ', , ~ ~~ L t ne r ~~ I I ~I i I;il;ll CITY HALL** CITY OF MERIDIAN 33 East Idaho e88~t33 ~6' Solid or Open~Fencr Behind Set Back Property `" line-~ ~` /~ i 3' Solid Fence i ~~ 20' Setb\ k/ or 4' Open Chain link Type Fence In Front of Setback I Fence Regulation ,. CORNEA LOT / ,Property Line r ~ ~ ° .~ 1 ZO' Setback 3' Wood or Solid Fence or 4' Open Fence 30~~ ~O~ . Site Triangle 3' Chain link - \ \ or Open Fence ~ f Sti~ee~ ~ l~a~e Open Access *• to Water Meters and Fire Hydrant **(4'X4' ground area) b' Wood, Solid or Open Fence %~ ' Wood or So11d Fenc or 4' Open Fence 't.<eet~ ~S