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Sandusky, WillliamCITY OF MERIDIAN 33 E. IDAHO MERIDIAN, ID 8342 FENCE VARIANCE APPLICATION (RE: Meridi~~a//n Zoning Ordinance) APPLICANT NAME: J~ 17GCGf ~ ~~~ ADDRESS: /,(er/-5 /(~- rrd~c-Q_~~~ l~ OWNERS NAME & ADDRESS:(If different than above) PROOF OF OWNERSHIP: (COPY OF DEID OR OPTfION MUST BE ATTACF~D) LEGAL DESCRIPTION OF PROPERTY: LOT# / BLK # SUBDIVISION ~/ ~Qr ~IGz~1~ /~,(i" ,~~ -~ - PRESENT USE & ZONING OF PROPERTY ~, (,~ /I ~ ~ ~~ - SC~~NIATIC DRAWING: ATTACH DRAWING SHOWING BUILDINGS , STREET'S & PROPOSED FENCE SURROUNDING PROPER'T'Y OWNERS: LIST OF THE MAILIlQG ADDRESSES OF ALL PROPERTY OWNERS (FROM AUI~NTIC TAX RECORDS OF ADA COUNTY) WITHIlV TWO HUNDRED (200) FEET OF THE EXTERIVP,L BOUNDRIES OF THE LAND BEING CONSIDERID: DESCRIPTION OF REQUIREMENTS OF THE ORDINANCE THAT NEID TO BE REDU~TO PERMIT THE PROPOSED FENCE: ti • ~ . _~ ~ ~~ ~ ~-~-~ ,-, ATTACH STATII~IT THAT FENCE IS ALLC~JID iJ1~iDER THE RESTRICTIVE COVENANTS OF THE SUBDIVISION OR A,COPY OF THE RESTRICTIVE COVENANT'S PERTAINING TD FENCES: L' _ . 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Outbuildings: No trailer, truck camper, tent, gara e barn, shack or other outbuilding shall at any time gbe used as a residence temporarily or permanently on any part of said properties. F. Storage of Vehicles and Equipment: Parking of boats, trailers,iaotorcycles, trucks, truck campers, motorhomes, recreational vehicles, and like equipment, or junk cars or other unsightly vehicles, shall not be allowed on any lot nor on public ways or Common Area adjacent thereto, except under such circumstances, if any, as may be prescribed in writing by, and.. in the sole discretion of the Board of Directors of the Association, which discretion may not be challenged for having been exercised unreasonably. All other parking of equipment shall be prohibited, except as approved in writing by the Board of Directions of the Association. Any vehicle awaiting repair or being repaired shall be removed from the subdivision within 48 hours. G. Sight Distance at Intersections: No fence, wall, hedge or shrub planting which obstructs sight lines at elevations between three feet (3') and eight feet (8') above the roadways shall be placed or permitted to remain on any corner lot within the triangular area formed by the street property lines and a line connecting them at points 30 feet from the intersection of the street lines, or in the case of a rounded property corner, from the intersection of the street property lines extended. The same sight-line limitations shall apply on any lot within ten feet (10') from the intersection of a street property line with the edge of a driveway or alley pavement, H. Leasing Restrictions: Any lease- (as defined below) between an Owner and his tenant shall provide that the terms of the lease shall be subject in all respects to the provisions contained in this Declaration, the Association's Articles of Incorporation and its Bylaws, and that any failure by said tenant to comply with the terms of such documents shall be a default under such lease. For the purposes of this Declaration, a "lease" shall mean any agreement for the leasing or rental of a Dwelling Unit (including a month-to-month rental agreement); and all such Leases shall be in writing. other than the foregoing, there is no restriction on the right of any Owner to lease his Dwelling Unit. I. Sewer Restrictions: All bathroom, sink and toilet facilities shall be located inside the Dwelling Unit or DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, p. 11 f ! ~,, " ~~ ~GLGQ/ ~ry12-~ ~-~"G~i'~2~ ~~'~ l7G' ~~-~_G~~' ~-z~. i THIS FORM FURNISHED COURTESY OF: STEWART TITLE FOR VALUE RECEIVED, R & M HOMES, INC. REAQ dt APPROVED BY GRANTEEIS-: SPACE ABOVE THIS LINE FOR RECORDING DATA 0340- Order No.: 94047158 DR/CS CORPORATE WARRANTY DEED a corporation organized end existing under the laws of the State of Idaho, vlrith Its principal office at 2150 TODD WAY, MERIDIAN, IDAHO 83642 of County of ADA ,State of Idaho, GRANTOR, hereby GRANT, BARGAIN, SELL AND CONVEY unto WILLIAM R. SANDUSKY and PATRICIA A. SANDUSKY, Husband and Wife GRANTEEIS), whose current address Is: 1013 N. PETERSBURG WAY, MERIDIAN, IDAHO 83642 the following described real property located (n ADA County, State of Idaho, more particularly described as follows, to wit: Lot 1 in Block 14 of DANBURY FAIR NO. 3, according to the Official Plat thereof, filed in Book 65 of Plats at Page(s) 6601 - 6602, records of Ada County, Idaho. TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Granteelsl, and Granteels) heirs end assigns forever. And the said Grantor does hereby covenant to and with the said Granteelsl, that Grantor Is the owner 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 Granteelsl; and subject to reservations, restrictions, dedications, easements, rights of way and agreements, Iif any) of record, and general taxes end assessments, (including Irrigation and utility assessments, if any) for the current year, which are not yet due and payable, and that Grantor will warrrant 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 end attended by a quorum. In witness whereof, the Grantor has caused Its corporate name to be hereunto affixed by its duly authorized officers this 28th day of July , in the year of 1994 . (Corporate Seal) STATE OF IDAHO COUNTY OF ADA R & M HOMES, INC. J 'r`te (Corporate Name) By: `~' / Russell Conga President Attest: Secretary On this 28th day of July , in the year of 1994 ,before me, the undersigned, a Notary Public In and for said State, personally appeared Russell Conger known or identified to me to be the President of the corporation that executed the Instrument or the person(s) who executed the instrument on behalf of said corporation, and acknowledged to me tftet such corporation executed the same. Signature: Name: CHRIS M. SMITH (type or print) Residing at: BOISE IDAHO My Commission Expires: 09/14/96 _ ~~~~ ~' - g ~~9~ EBERLE, BERLIN, KADING, TURNBOW & MCKLVEEN, CITY QE ~E~ID~1 CHARTERED ATTORNEYS AND COUNSELORS AT LAW TELEPHONE CAPITOL PARK PLAZA (208) 344-8535 300 NORTH SIXTH STREET FACSIMILE POST OFFICE BOX 1368 (208) 344-8542 BOISE, IDAHO 83701 JAMES L. BERLIN STEPHEN A. BRADBURY September 8 , 19 9 4 OF COUNSEL T. H. EBERLE (1922-1977) Fence Variance Committee Cit Clerk c/o William G. Berg, Jr., Y City of Meridian 33 East Idaho Street Meridian, Idaho 83642 Re: Application of William and Patricia Sandusky Dear Committee Members: This firm represents the Danbury Fair Homeowners Association and has been asked to lodge an objection on its behalf to the application of William and Patricia Sandusky for a variance from the Meridian Fence Ordinance at the property legally described as Lot 1, Block 14 Danbury Fair No. 3 Subdivision and known by the address 1013 North Petersburg Way, Meridian, Idaho. It is our understanding that Mr. and Mrs. Sandusky seek a ermittin fthemtto requirements of the Meridian Fence Ordinance p g construct a six foot high cedar fence immediately adjacent to the sidewalk along the east si ectsf to the c onstruction of aabfenceain Homeowners Association obi that location. The various lots constituting the Danbury Fare Subdivision, including the one owned by Mr. and Mrs. Sandusky, subject to certain restrictive covenants which, among other things, regulate the constructiroh bits the placementeof~a fence on any lot restrictive covenants p nearer to any street than the minimum building setheacsubdivisionss such placement is approved, in advance, by Architectural Control Committee. The minimum building set back line is set forth in Article IX, Section 2 which provides a minimum set back of 20 feet at t ne others wordsWh unless approved p by othe to be constructed. I subdivision's Architectural Control Committee, the location of the fence proposed by Mr. and Mrs. Sandusky violatof the subdivision's Restrictive Covenants. I am enclosing a copy Restrictive Covenants for your review and reference. You may be interested to know that although Mr. and Mrs. Sandusky have been advised both orally and in writing of the above requirements, they have failed and refused to make application to the Architectural advised thatl if can application Mwerea made rto Sandusky have been DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTI~~S ~~~~~ OF DANBURY FAIR SUBDIVISION NO. 1 SEP -- 9 1994 ' CITY ®F MERIIyIAh THIS DECLARATION is made on the date hereinafter set forth by B.W., INC., an Idaho corporation, hereinafter referred to as "Declarant." W I T N E S S E T H WHEREAS, Declarant is the owner of certain real property in Ada County, State of Idaho, hereinafter referred to as "the properties," more particularly described as follows: DANBURY FAIR SUBDIVISION NO. 1, according to the official plat thereof, recorded in Book Go of Plats at Pages58~,r,,. 5a as Instrument No, 9'228067 recorded on he ~~` day of /Yj , 1992, records of Ada County, Idaho; and ' WHEREAS, Declarant desires to subject the above described properties to certain protective covenants, conditions, restrictions, reservations, easements, liens, and charges for the benefit of the properties and their present and subsequent owners as hereinafter specified, and will convey the properties subject thereto; NOW, THEREFORE, Declarant hereby declares that all of the properties above described shall be held, sold and conveyed upon. and subject to the easements, conditions, covenants, restrictions and reservations hereinafter set forth, all of which are for the purpose of enhancing and protecting the value, desirability and attractiveness of, and which shall run with the properties and be binding on all parties now or hereafter having any right, title or interest therein or to any part thereof, and shall inure to the benefit of each owner thereof. ARTICLE I: DEFINITIONS The following terms shall have the following meanings: Section 1. "ASSOCIATION" shall mean and refer to Danbury Fair Homeowner's Association, Inc., a nonprofit corporation organized under the laws of the State of Idaho, its successors and assigns. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, p. 1 ~2 a ~ ,1~ ~~~~-~ ~; RECORD=^ ~2J8656 /~ ., ERG i F~'~ '92 ~1flY 5 P(1 1 22 (O°~~-Y HUB OF TREASURE VALLEY OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, Clty Treasurer GARY D. SMITH, P.E. Clty Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Weste Water Supt. KENNY W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor August 8, 1994 Mr. & Mrs. Sandusky 1013 N. Petersburg WaY Meridian, ID 83642 RE: Fence Variance Application Dear Mr. & Mrs. Sandusky, COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CQRRIE WALT W. MORROW SHARI STILES Planner 8 Zoning Administrator JIM JOHNSON Chairman -Planning 8 Zoning on review of your fence variance application we have determined that it is not complete. Up art of the application, the City of Meridian needs a compleoundar es lof the land being As p property owners within a 200 foa n ~ f onothe Ada County Assessors Office located at considered. This list can be obt 650 West Main, Boise, ID 83702, (208)364-2400. e be advised that there is no building permit for a fence o ce landta build ngllpe m~tks Pleas and Building Department. Thi ncea violation of our ordman required for construction of a fe this situation. If you have any We would appreciate your cooperation in resolving questions feel free to call me at (208)888-4433. Thank you. Sincerely, ~~/ /- 1/ William G. Berg, Jr. V City Clerk 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 4:20 o'clock P M., on Monday, September 12, 1994, for the purpose of reviewing and considering the Application of William and Patricia ~andusk~ for a variance from the Meridian Fence Ordinance at the property legally described as follows: Lot 1Block 14 Danbury Fair No. 3 Subdivision and known by the address 1013 N. Petersburg. Way,Meridian, Idaho 83642. The Applicant proposed to reduce the required distance from 20 feet to 0 feet along 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 26th day of August , 1994. WILLIAM G. BERG, JR., CI ERK HUB OF TREASURE VALLEY 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 A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 COUNCIL MEMBERS RONALD R. TOLSMA MAk YERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner 8 Zoning Administrator JIM JOHNSON Chairman -Planning 8 Zoning GRANT P. K[NGSFORD Mayor September 13, 1994 Mr. & Mrs. William Sandusky 1013 N. Petersburg Way Meridian, ID 83642 RE: FENCE VARIANCE REQUEST 1013 N. PETERSBURG WAY Dear Mr. & Mrs. Sandusky: The Fence Variance Committee of the City of Meridian met in your presence at 4:20 P.M., September 12, 1994 in City Hall to consider this request. After some discussion you decided to withdraw your request for a variance to construct a six (6) foot high wooden fence along the back of side walk and instead proceed to construct a three (3) foot high wooden fence at the same location and along your rear lot line in the set back area. A petition was received by the Committee from a Danbury Fair Homeowners Association member objecting to the proposed placement of the six (6) foot high fence and to placement of any fence within the 20 foot front or 20 foot side yard setback area of a corner lot. It was explained to the homeowners association member that a three (3) foot high wooden fence in these setback areas would comply with the City of Meridian Fence Ordinance. The Committee is also in receipt of a letter from Mr. Stephen Bradbury, Attorney for the Danbury Fair Homeowners Association. This letter objects to the proposed placement of the six (6) foot high fence and to placement of a fence on any lot nearer to any street than the minimum required building setback distance. Again the City of Meridian Fence Ordinance does allow construction of a three (3) foot high solid or four (4) foot high open fence within the building setback area. The enforcement of the provisions within a subdivisions Declaration of Covenants, Conditions and Restrictions is not within the jurisdiction of the City of Meridian. The conflict you apparently have with this subdivisions Homeowners Association concerning placement of the fence within the front and side-street setback area will need to be resolved between you and the Association. Please obtain a fence building permit from the -City Building Department prior to beginning construction. Si cerely, Gary D. Smith, PE City Engineer cc File l~`i~~ Clerk Stephen Bradbury