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Robertson, Charles & DarcyCITY OF MERIDIAN 33 E. IDAHO MERIDIAN, ID 83642' FENCE VAR"CANCE APPLICATION (RE: Meridian Zoning Ordinance) RIO • �► i ' h INVA OWNERS NAME & ADDRESS : (If different than above) _ gM to PROOF OF OWNERSHIP: (COPY OF DEED OR OPTION MUST BE ATTACHED) LEGAL DESCRIPTION OF PROPERTY: IAT# 9 BLK #--s-_ SUBDIVISION 2 O.L2U _ PRESENT USE & ZONING OF PROPERTY _ ] e yN (' e SCHEMATIC DRAWING: ATTACH DRAWING SHOWING BUILDINGS, STREETS & PROPOSED FENCE: SURROUNDING PROPERTY OWNERS: LIST OF THE MAILING ADDRESSES OF ALL PROPERTY OWNERS (FROM ALP1'f=IC TAX RECORDS OF ADA COUNTY) WITHIN TWO HUNDRED (200) = OF THE EXTERNAL BOUNDRIES OF THE LAND BEING CONSIDERED: DESCRIPTION OF REQUIREMENTS OF THE ORDINANCE THAT NEED TO BE REDUCED TO PERMIT THE PROPOSED FENCE: ATTACH APPLICATION FEE OF $ 9j 0 0/ ATTACH STATE= THAT FENCE IS ALLOWED UNDER THE RESTRICTIVE COVENANTS OF THE SUBDIVISION OR A COPY OF THE RESTRICTIVE COVENANTS PERTAINING TO FENCES: APPLICANTS SI .8" 7a4 DATE RECEIVED ' J CD ' COMMITTEE G DATE RECEIVED BY f When Recorded Mail To: MEDALLION MORTGAGE COMPANY P.O. BOX 9369 SAN JOSE, CA 95157 ESCROW NO. ST -93044921 0000176528 [Space Above This Line For Recording Data] State of Idaho DEED OF TRUST . FHA Case THIS DEED OF TRUST ("Security Instrument") is made on FEBRUARY 23, 1994 . The Grantor is CHARLES W. ROBERTSON AND DARCY K. ROBERTSON, HUSBAND AND WIFE ("Borrower"). The trustee is STEWART TITLE OF IDAHO, INC., AN IDAHO CORPORATION ("Trustee"). The beneficiary is MEDALLION MORTGAGE COMPANY, A CALIFORNIA CORPORATION , which is organized and existing under the laws of CALIFORNIA and whose address is 650 SARATOGA AVENUE SAN JOSE, CALIFORNIA 95129 ("Lender"). Borrower owes Lender the principal sum of EIGHTY SEVEN THOUSAND EIGHTY SIX AND N0/100 --- Dollars (U.S. $ 87,086.00). 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 earlier, due and payable on MARCH 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; (b) the payment of all other sums, with interest, advanced under paragraph 6 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 9 IN BLOCK 3 OF HAVEN COVE NO. 2, ACCORDING TO THE OFFICIAL PLAT THEREOF, FILED IN BOOK 63 OF PLATS AT PAGE(S) 6409-6411, RECORDS OF ADA COUNTY, IDAHO. 1458 NORTH HAVEN COVE AVENUE which has the address of MERIDIAN Idaho 83642 ("Property Address"); [Zip Code] Page 1 of 6 [Street, City], FHA Idaho Deed of Trust - 2/91 C WILLIAM R. SCHROEDER ADA COUNTY ASSESSOR 650 MAIN STREET BOISE, IDAHO 83702 NEW OWNER: CHARLES W. ROBERTSON DARCY K. ROBERTSON o MAILING ADDRESS: PROPERTY PARCEL NUMBER: 1458 N. HAVEN COVE AVE. R-3508260120 MERIDIAN, ID. 83642 PROPERTY LOCATION ADDRESS: 1458 N. HAVEN COVE AVE. MERIDIAN, IDAHO 83642 LEGAL DESCRIPTION OF PROPERTY: Lot 9 in Block 3 of HAVEN COVE NO. 2, according to the Official Plat thereof, filed in Book 63 of Plats at Page(s) 1 6409-6411, records of Ada County, Idaho. 1' 1 1. ' (4) The value of each constructed residence shall equal or exceed $84,000 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 4 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 off-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 building on a lot to encroach upon another lot. No building shall be in excess of two stories above natural ground leve (10) Fences shall not extend closer to any street than twent t (20), with the exception of those lots backing Cherry Lane, nor higher than six (6) feet without express approval of the Architectural Committee and the Meridian City Council, and sha a 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 4:25 o'clock P M., on Friday, October 7. 1994, for the purpose of reviewing and considering the Application of Charles and Darcy Robertson for a variance from the Meridian Fence Ordinance at the property legally described as follows: Lot 9, Block 3 Haven Cove #2 Subdivision and known by the address 1458 N. Haven Cove Meridian, Idaho 83642. The Applicant proposed to reduce the required distance from 20 feet to 10 feet from the sidewalk. 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 21 st day of September , 1994. WILLIAM G. BERG, JR., CLERK VA FENCE VARIANCE PROPERTY OWNER• PROPERTY ADDRESS MIKE AND MARSHA 2707 W LEONARD 2707 W LEONARD MERIDIAN, ID 83642 MERIDIAN, ID.8;lb42 DAIRLD AND JUDITH WURTZ 2722 W SHERYL PO BOX 7573 MERIDIAN, ID 83642 BOISE, ID 83703 BRIAN AND JULIE YOUNGER 1432 N HAVEN COVE 1432 N HAVEN COVE MERIDIAN, ID 83642 MERIDIAN, ID 83642 JAMES SHERVIK 1443 N HAVEN COVE 1404 MIDLAND BLVD SUITE H MERIDIAN, ID 83642 NAMPA, ID 83651 S I DEVELOPEMENT 1427 N HAVEN COVE 3350 AMERICANA TERRACE MERIDIAN, ID 83642 BOISE, ID 83702 JAMES SIiERVIK 1485 N HAVEN COVE 1404 MIDLAND BLVD SUITE H MERIDIAN, ID 83642 NAMPA, ID 83651 DENNIS AND JILL FRANCKE 1490 N HAVEN COVE 1490 N HAVEN COVE MERIDIAN, ID 83642 MERIDIAN, ID 83642 S I DEVELOPEMENT 2670 W LEONARD 3350 AMERICANA TERRACE MERIDIAN, ID 83642 BOISE, ID 83702 S I DEVELOPMENT 2698 W LEONARD 3350 AMERICANA TERRACE MERIDIAN, ID 83642 BOISE, ID 83702 GARY LUNN 2681 W LEONARD 2681 W LEONARD MERIDIAN, ID 83642 MERIDIAN, ID 83642 PATRICK AND DEBBIE BURGIN 2659 W LEONARD 2659 W LEONARD MERIDIAN, ID 83642 MERIDIAN, ID 83642 PARADIGM HOMES 2694 W SHERYL 3822 TATTENHAM WAY MERIDIAN, ID 83642 BOISE, ID 83704 JI l PROPERTY OWNER• PROPERTY ADDRESS l JAYO CONSTRUCTION 2685 W SHERYL 1309 S FIVEMILE MERIDIAN, ID 83642 BOISE, ID 83709 ROBERT AND VICKI ELKINS 2719 W SHERYL 2830 E BOISE AVE MERIDIAN, ID 83642 BOISE, ID 83706 JAMES SHERVIK 2733 W SHERYL 1404 MIDLAND BLVD SUITE H MERIDIAN, ID 83642 NAMPA, ID 83651 WAYNE AND MARY WILLIAMSON 2769 W SHERYL 11535 HAZELDALE CT MERIDIAN, ID 83642 BOISE, ID 83704 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 October 12, 1994 HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN Charles & Darcy Robertson 1458 N. Haven Cove Ave. Meridian, ID 83642 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor RE: FENCE VARIANCE REQUEST 1458 N. Haven Cove Ave. Dear Charles & Darcy: 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 in your presence October 7, 1994, in City Hall to consider this request. After due consideration, the Committee decided to allow construction of this 6 foot tall solid fence in the side street (W. Leonard St.) setback area subject to the following: 1. The face of the fence shall be set ten (10) feet from the back edge of sidewalk along W. Leonard St. and shall connect to the house at its approximate mid -point of the north wall. 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 rely, G(Van- Chai mith, P.E. Fence Committee cc: File City Clerk Building Inspector