Arrell, Am0
CITY OF MERIDIAN
33 E. IDAHO MERIDIAN, ID 83642
FENCE VARIANCE APPLICATION
(RE: Meridian Zoning Ordinance)
APPLICANT NAME: latl x e S A . Jo 6j fi, L ? h 5 PHONE
ADDRESS: l 'r, b. / / 4
OWNERS NAME & ADDRESS:(If different than above)
PROOF OF OWNERSHIP: (COPY OF DEED OR OPTION MUST BE ATTACHED)
LEGAL DESCRIPTION OF PROPERTY: LOTS# BLK #
SUBDIVISION
PRESENT USE & ZONING OF PROPERTY 0 1
SCBEMATIC DRAWING: ATTACH DRAWING SHOWING BUILDINGS, STREET'S & PROPOSED FENCE:
SURROUNDING PROPERTY OWNERS: LIST OF THE MAILING ADDRESSES OF ALL PROPERTY
OWNERS (FRONT AUTHENTIC TAX RECORDS OF ADA COUNTY) WITHIN TWO HUNDRED (200)
FEET OF THE EXTERNAL BOUNDRIES OF THE LAND BEING CONSIDERED:
DESCRIPTION OF REQUIREMENTS
PERMIT THE PROPOSED FENCE:_
71,e 1�,kCe DLA. 7�e
r4
110
�,_ s t�lv or,"
THAT BE REDUCED TO
> aefTCT-'
t equiI h^2co o S
yl4 / (.k), i lit ►-r
0(0-
-4 -y -
(a -4-y- a � , 501 I'd IPS C2 .
ATTACH APPLICATION FEE OF $
ATTACH STATEMENT THAT FENCE IS ALEONED UNDER THE RESTRICTIVE qMTNANTS OF THE
SUBDIVISION OR A COPY OF THE RESTRICTIVE COVENANTS PERTAE1 TO FENCES:
See -ekafp l :
5APPLICANTS SIGMATURE:
DATE RECEIVED 'Z 9 U COMMITT�E--IEARIIJG DATE
RECEIVED BY
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 March 7,
19 4., for the purpose of reviewing and considering the Application of James Lang
for a variance from the Meridian Fence Ordinance at the property legally described
as follows: Lot 3 Block 3 Clarinda Fair Subdivision and known by the address
950 W 11th Street Meridian Idaho 83642. The Applicant proposed to reduce the
20' setback requirements to 5' for the fence on the north side of the property for a
6' solid fence.
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 17th day of February , 1994.
WILLIAM G. BERG, JR., IT CLERK
w;
LIST OF PROPERTY OWNERS
Within 200 feet of James A. Lang and Joy A. Lang, 950 W. 11th
St., Meridian, ID, 83642..
a Legal Description: Lot #3,,Block #3; Clarinda Fair subdivision.
Block #3, Lots #1, 2 & 4; Block #4, Lot #1; Block #5, Lot #8;
Clarinda Fair subdivision:
Lamplighter Association
10322 Fairview
Boise, Id 83704
Block #3, Lot #5; Clarinda Fair subdivision:
Clarinda Fair Homeowners Association
l 10322 Fairview
Boise, Id 83704
!'1II,i Donald and Barbara Motley
945 N.W. lith St.
Meridian, ID 83642
Jeffrey and Wendy Bell
975 N.W. lith St.
Meridian, ID 83642
James Koseki and Christine Beilder
995 N.W. 11 St.
Meridian, ID 8364.2
.I
Brenda Evans
'i 1025 N.W. 11 St.
Meridian, ID 83642
Sandra Mohl
i! 1145 W. State St.
Meridian, ID 83642
Michael and Twyla Franklin
1125 W. State St.
4I Meridian, ID 83642
Jeffrey and Debra Day
1085 W. State St.
Meridian, ID 83642
Franklyn and Kathe Murray
1005 White Lily Ave.
Meridian, ID 83642
Charles and Patricia Younger
1080 W'. Clarinda Dr.
Meridian, ID 83642
j`
i
N
Lang adjacent property owners cont.
Thomas and Janice Hickey
1120 W. Clarinda Dr.
jlMeridian, ID 83642
Clinton and Mildred Shuyler
913 W. 10th St.
Meridian, ID 83642
John and Gloria Navarro
1200 W. Pine
Meridian, ID 83642
I�r
1'
ila, '
1994
City of Meridian
ATTN: City Clerk
3.3 East Idaho
Meridian, ID 83642
Dear Mr. Berg,
RECEIVED
MAR - 7 1994
CITY OF MERIDIAN
I am a neighbor of James and Joy Lang. I have studied their
request for a variance in the 20' setback requirements to 5' for
the fence on the north side of their property. I have no problem
in the variance being granted as visibility around the corner
will not be hindered by their 6' solid fence proposal.
If you have any further questions, please feel free to contact
me.
Sincerely,
r
Ll
5VKaAC V, 1994
City of Meridian
ATTN: City Clerk
33 East Idaho
Meridian, ID 83642
Dear Mr. Berg,
RECEIVED
MAR - 7 1994
CITY OF M1ERIDIAN
I am a neighbor of James and Joy Lang. I have studied their
request for a variance in the 20' setback requirements to 5' for
the fence on the north side of their property. I have no problem
in the variance being granted as visibility around the corner
will not be hindered by their 6' solid fence proposal.
If you have any further questions, please feel free to contact
me.
Sincerely
1994
City of Meridian
ATTN: City Clerk
33 East Idaho
Meridian, ID 83642
Dear Mr. Berg,
RECEIVED
[BAR - 7 1994
CITY OF MERIDIAN
I am a neighbor of James and Joy Lang. I have studied their
request for a variance in the 20' setback requirements to 5' for
the fence on the north side of their property. I have no problem
in the variance being granted as visibility around the corner
will not be hindered by their 6' solid fence proposal.
If you have any further questions, please feel free to contact
me.
Sincerely,
�9 -- ",4
c
86'� 31 Y 7
/�, 4 �p 1994
City of Meridian
ATTN: City Clerk
33 East Idaho
Meridian, ID 83642
Dear Mr. Berg,
RECEIVED
MAR 0 8 1994
CITY OF MERH AN
I am a neighbor of James and Joy Lang. I have studied their
request for a variance in the 20' setback requirements to 5' for
the fence on the north side of their property. I have no problem
in the variance being granted as visibility around the corner
will not be hindered by their 6' solid fence proposal.
If you have any further questions,
me.
Sincerely,
i
OWN
please feel free to contact
Meridian City Council
March 15, 1994
Page 59
Kingsford: I would recommend Dr. Clarke that your engineer talk with Mr. Voss and
have a clarification of exactly what that is.
Clarke: I will do that, I will have to anyway. But I'm pretty sure that issue has
already been taken care of.
ITEM #20: JIM LANG: APPEAL FENCE VARIANCE COMMITTEE DECISION:
Kingsford: Mr. Lang
Lang: I am Jim Lang, I believe the variance appeal is before you at least I was told
you would have the information is that correct? Essentially I requested the variance
of the 20 foot setback because I have a corner lot in the Clarinda Fair subdivision
located at W. 11 th St. and Pine actually just off of Pine. Part of my request for the
variance the committee waived the 20 foot to a 10 foot variance. And I had
requested to 5 feet from the property line. I guess in a formal request my intent being
a sidewalk. But based on 2 neighbors, my neighborhood has already established
fences with a 5 foot setback from the sidewalk. One who had the variance approved
2 years ago in 1992. And based on seeing their erected fence before I purchased my
lot I had in mind that was kind of a standard acceptable practice. So, I was kind of
interested to find out when I came to the public meeting that was not the common
practice and it was basically the fence committee had 2 concerns over my request.
One was that evidently their current standard is not to allow a setback to be reduced
less than 10 feet from the property line on a corner lot and secondly they were
concerned about adequate visibility for providing adequate safety for children who
might be coming along the sidewalk should a house being constructed behind me
which now there is none might locate their garage adjacent or nearest to my property
line therefore cause a problem with visibility for backing up cars. Two things one in
regard to the 10 foot minimum setback no less than that, I mentioned on my
application that there were 2 homes one in particular with an approved variance in my
neighborhood on corner lots. On the other item about the adequate visibility, there
is a, if you notice the map there is an electrical box located in that corner that affects
the fence line in order to, I have to notch out around that in order to give it 2 foot
clearance around the box as per my understanding of clearance needed. Which in
effect brings that fence to a 10 setback from the sidewalk along that 7 foot length
and then it notches out which in my estimation gives increased visibility for someone
should that locate a driveway close to my backyard property line. Those are at least
the issues as I understand them and I wonder if you have any questions?
Kingsford: Questions for Mr. Lang?
Meridian City Council
March 15, 1994
Page 60
Tolsma: What do the covenants of your subdivision say?
Lang: I am not fully aware of what they say.
Kingsford: Any questions from Council?
Morrow: Gary, can you review with me the, he has raised the point of the notch out
for the power box and how that relates to your calculations i terms of site.
Apparently a site triangle for a neighboring residence in that home. So, if it goes from
10 feet to 5 feet at the 5 foot setback from the back of sidewalk does that impact the
site triangle on the corner as per the highway.
Smith: I will answer the second part of that Councilman, it does not impact the site
triangle for the road way itself, the intersection. The Fence Committee, let me back
up first of all. The 10 foot dimension that the Fence Committee has been
recommending for the past time I can't tell you how long it has been but for some
time is measured from the back of the sidewalk and not from the property line. The
property line actually sits 2 feet off of the back of the sidewalk so this 10 foot
dimension is actually only 8 feet off of the property line as compared to the ordinance
requirement of 20 feet off of the property line. So, there is a 12 foot variance that
we are extending to qualified applicants. The reason that we have held tight with the
10 foot in the recent past and Mr. Lang there is one lot in this subdivision that did
receive a 5 foot variance early on. But the reason we are holding tight with 10 feet
is to guarantee to a person backing out of a driveway should it be located adjacent
to this fence that he or she can se down the sidewalk without bringing the vehicle
into the sidewalk area. And our primary concern is children on bicycles slipping
through the subdivision and they can be very eradicate and so we are wanting to look
out for that. We have disallowed variance requests for a similar situation if there is
a, we have had some on an angle not at 90 degrees such as this one but on an angle,
one street on an angle with the other. Where a person backing out of a driveway just
can't see even at 10 feet. So we have required them to stay with the 20 foot
setback. As far as an actual site triangle I don't know whether an angle drawn across
the point where his fence intersects his east property line across the power box.
Obviously that is going to give you some site triangle. We just feel as a committee
that the 10 feet provides that site not a triangle distance for sidewalk travel. I don't
think that we feel, I am speaking I guess for myself and Councilman Yerrington is on
that Committee and Chief Gordon who is here I believe that we feel uncomfortable
with the site triangle off of the driveway with kids on bicycles on sidewalks.
Morrow: You are saying that bicycles on sidewalks is not valid because it is a very
short triangle.
Meridian City Council
March 15, 1994
Page 61
Smith: It is the committee's opinion that is correct. If you go to the State code for
example on the site triangle at an intersection I believe they say 30 foot each side
from the point of intersection to the tangents on the property line is all the State code
requires for site triangle. Well, I guess that is scary, for travelling vehicles we don't
subscribe to that. But as far as the Fence Committee is concerned I think we feel a
certain compassion for corner lots because typically they are short backyards there
are no 2 ways about it. The development community does not increase increase
corner lots to the size where you take 20 feet off of 2 sides and you haven't got a
backyard left. (End of Tape). With the request for variances on these sidewalk
fences, but I guess we are only sympathetic to the point of allowing a 10 foot
setback off of the back of the sidewalk which is really like I mentioned earlier 8 feet
off of the property line. Can I answer any other questions?
Morrow: That answers all mine.
Lang: One possible amendment that I had suggested to the Committee without the
recommendation was the possibility of maybe creating more a triangle effect by
extending more of a straight line at an angle from 10 feet off the sidewalk and deep
into my property and then 10 feet from the back property line on the five foot line and
then cutting an angle straight as opposed to the notch out which would provide a
more straight line visibility. Which based on a calculation of the driveway probably
closest to the property line maybe 9 feet accounting for a garage etc. and 10 feet
from the sidewalk would be probably close to 30 foot visibility to the sidewalk from
the drivers point.
Kingsford: Did you propose that to the fence committee?
Lang: Something to that degree, somewhat of an angle that would be more a
straight. It would just barely miss the electrical box and be at an aggravated angle.
Something like this, I am just trying to retain as much back yard as I can.
Kingsford: I understand that and as Mr. Smith indicated our compassion is certainly
towards that. I guess indifference to that because I feel for you, I would caution the
Council that you are talking about a precedent that as you brought up there is one out
there that I don't know how long ago took place.
Lang: It was 1992
Kingsford: You offer another one and then the next person says well you allowed this
one you are talking about a precedent that will be very difficult not impossible to
change. Any other questions or. comments? Are you prepared to make.
Meridian City Council
March 15, 1994
Page 62
Smith: Mr. Mayor, I might make another comment concerning the other fence that
is in the subdivision. That was put in by a permit, it was not put in under a variance
request and so it is in violation of our ordinance. He will be so notified by a fence
company in Meridian.
Lang: That is one of the 2. The other one was granted a variance.
Kingsford: And that variance request was for 5 feet.
Smith: That one was yes.
Kingsford: Could you explain the circumstances that are maybe different between
that one and this one?
Smith: We have since the time that one was approved have changed our attitude
toward this side distance. We became more concerned about what we were doing.
When we started out there was a fence variance that was granted in Crestwood
Estates subdivision I can't remember which phase and they actually set their fence
on he property line 2 feet off the back of the sidewalk. At that point we realized we
created a problem in 2 ways one we had an area that was not landscapable it was
unmaintainable basically. The second thing was we created a situation that could be
a security problem for people travelling the sidewalk at night. You can't visualize how
tall a 6 foot fence is, it is my height and you are within 2 feet of it on a sidewalk at
night in the dark and you come to the end of that fence and you don't know what is
there. So, we moved away 5 feet off the sidewalk to give people a chance to
landscape the area also to enhance the security aspect. To provide better security for
people walking. Then the issue became then the site distance for people backing out
of driveways became an issue. So we kind of progressed to the point where we are.
And at times I guess we feel like maybe we should stay with 20 feet and then we
wouldn't have to worry about all these plans.
Kingsford: What is Council's pleasure, I understand Max has asked to step down
because he is on the fence committee, is that true Mr. Yerrington?
Yerrington: I am going to abstain and not vote.
Morrow: Well, wait a minute if he does that do we have a quorum?
Kingsford: According to counselor if you have a quorum present they don't all have
to vote, is that correct?
Meridian City Council
March 15, 1994
Page 63
Crookston: That is correct.
Kingsford: What is the Council's pleasure?
Tolsma: We have a fence committee for a purpose. I say we uphold the fence
committee.
Kingsford: Is that a motion?
Tolsma: So moved
Morrow: Second
Kingsford: Moved by Ron, second by Walt to deny the request and uphold the Fence
Committee's recommendation, all those in favor? Opposed?
MOTION CARRIED: All yea
ITEM #21: U.S. BANK: REQUEST FOR TEMPORARY OFFICE:
Bourguignon: My name is Christian Bourguignon, 1 am here tonight representing U.S.
Bank and its request for a temporary building located at 40 E. Fairview. Which is
between Cherry Plaza and the Seat Cover Shop. This is a temporary trailer which will
act as a branch for a new bank facility that we want to locate. The reason we are
doing this is to move into the community and honor our commitment. We have been
looking at doing this for the last year. We have been waiting for Albertson's to make
their final decision on what they are going to do with their development on the lot
behind in Cherry Plaza. They haven't come to a conclusion we have decided not to
wait any longer and to move into the community. To do that we would like to put
up a temporary trailer. As you can see on the drawing the way we have designed it
is to locate it at the front of the lot. Put down some temporary asphalt paving, it
won't interfere with the construction of the main facility deeper on the lot. We would
like to leave it there while we are building our permanent facility. There shouldn't be
More than a 6 month period of time. At which point we would remove the trailer,
tear up the asphalt, tie it into the permanent asphalt and grading for the permanent
facility. The whole thing should be said and done and without much more time then
6 months.
Kingsford: Questions for Christian?
Morrow: Do you have some temporary landscaping in terms of making sure it has at
✓1. The face
parallel
✓2.
3.
f the ,#inc+e shall be set ten (10) feet from and
the ,existinq back edge of sidewalk.
The area bet
and maintain
The board side
�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 contact your Homeowners Association.
✓ 5. Please obtain a fence building permit from City Hall prior
to beginning construction.
Sincerely,
Gary D. Smith, P. E.
V Chairman, Fence Committee
CC. File
City Clerk
Bldg. Inspector
HUB OF TREASURE VALLEY
A Good Place to Live
OFFICIALS
COUNCILMEN
City Clerk
WAICES.FS,Trea
/^� //�� T T
CITY / ■ }� �R1 g ■1 A N
RROBERTGI SLERONALD R. A
Treasurer
JANICEGASS,Treasurer
�.,fj� �,J ,[��
BRUCE D. STUART, Water Works Supt.
33 EAST IDAHO
MAX YERRINGTON
ROBERT D. CORRIE
WAYNE G. CROOKSTON, JR., Attorney
JOHN SHAWCROFT, Waste Water Supt.
MERIDIAN, IDAHO 83642
Chairman Zoning & Planning
KENNY BOWERS, Fire Chief
Phone (208) 888-4433
JIM JOHNSON
BILL GORDON, Police Chief
GARY SMITH, P.E., City Engineer
FAX (208) 887-4813
Centennial Coordinator
PATSY FEDRIZZI
GRANT P. KINGSFORD
Mayor
✓1. The face
parallel
✓2.
3.
f the ,#inc+e shall be set ten (10) feet from and
the ,existinq back edge of sidewalk.
The area bet
and maintain
The board side
�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 contact your Homeowners Association.
✓ 5. Please obtain a fence building permit from City Hall prior
to beginning construction.
Sincerely,
Gary D. Smith, P. E.
V Chairman, Fence Committee
CC. File
City Clerk
Bldg. Inspector
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
MAX YERRINGTON
GARY D. SMITH, P.E. City Engineer
RIE
ROBERT MORROW WALT W. M
BRUCE D. STUART. Water Works Supt.
JOHN T. SHAWCROFT, Waste Water Supt.
33 EAST IDAHO
SHARI STILES
KENNY W. BOWERS, Fire Chief
MERIDIAN, IDAHO 83642
Planner & Zoning Administrator
W.L. "BELL" 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
March 8, 1994
„
Mr. James A. Lang
950 W. 11 th Street
Meridian, ID 83642
RE: Fence Variance Request
950 W. 1 lth Street (Lot 3 - Block 3 - Clarinda Fair)
Dear Mr. Lang,
The Fence Variance Committee of the City of Meridian met in your presence at 4:30 P.M. -
March 7, 1994, in City Hall to consider this request.
After consideration of your request, the Committee decided to allow construction of a 6 foot high
solid fence in the side street setback area under the following conditions:
1. The face of the fence shall be set ten (10) feet from and parallel to the existing back edge of
sidewalk.
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. Clarinda Drive.
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 contact your Homeowners Association.
5. Please obtain a fence building permit from'City Hall prior to beginning construction.
Si erely,
ary D. �th, PE
Chairman, Fence Committee
cc: File
City Clerk
Bldg. Inspector
SECTION 1: That Section 11-9-605 J., FENCES, is heret
amended by the addition thereto of a new subsection to t
numbered 10 and which shall read as follows:
10. That if an owner or a licant desires to obtain a
variance from the provisions of tkis Section, 1- -605
-it FENCM It shall no a treated as a variance
ursua to the rov s ons o -11-2-419 or - - o
he Revised an om i e ordinances and the procedure
or suc a variance shall not Be governed by the'
aforementioned two sections. here shall be a special
procedure for variances from this tence ordinance
which shall be follows:
a. The owner or applicant shall file an application
for a fence variance with the City Clerk which
appl scat on shal I state the o ow ng:
1.
Address of subject
property;
2.
Name, address and
phone
number of applicant;
3. Name address and phone number of owners of
the sudjec 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
propose ence;
9. List of the mailing addresses of all
property owners (from authentic tax records
of Ada count within 200 feet of the
external oun arses of the land being
cons erect;
10. Minimum requirements of this ordinance that
need to be reduced o permit the propose
fence;
11. An application fee established by resolution
57 the council; .
b. Upon receipt
of
the
fence
variance application
Fie zon n administrator
that notice
s
a s__t hearing
and see
is mai a
rs
c ass mal
I to all
owners OT-proplerty
within
eet _5f the
radius o
e subject ro ert
which
hearing
shall be
held not
sooner than ID days
after
IW-e—m—aTlIng
of the
required
notice an not morean
'aaXs
after mailing
o e
required not ce.
a
not ce of
Nearing does
not nee
o be pub IIshed in the
of f icial- newspaper.
C. The hearinestablished b this subsection shall
�e con ucte a fence variance Committee w �c
comm, ee s a a comprise o e i
er an o ce n sneer e
Chief, one Council Member an one
Plan- n an onin em er. Quorum o say
comms tee s aFFbe a minimum of three mem ers o t e
Committee-.
d. Upon hearin the re uest for -the fence variance
Ffie comm ee s a est er a rove or deny or approve
wit con t ons a ap ica ion or ence variance;
wr t
t at no ten in -n s of tact snail e required ut
a written ec soon s a a wr ten o e a scant
an to an art reques ng written not> , ion o
the decision a e Barin
e. APPEAL. Any aggrieved party maLappeal the
decision of e comms teerect FO -7 -We. it ounce
u r s u a n o ec ion