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Smith, TerryOFFICIALS WILLIAM G. BERG, JR., Clty 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 August 15, 1994 Mr. Mrs. Terry Smith 713 E. Kingsford Dr. Meridian, ID 83642 HUB OF TREASURE VALLEY COUNCIL MEMBERS A Good Place to Live RONALD R. TOLSMA CITY OF MERIDIAN W I ALTW M ORROW 33 EAST IDAHO sHARI sTILEs MERIDIAN, IDAHO 83642 Planner & Zoning Administrator JIM JOHNSON Phone (208) 888433 ~ FAX (208) 887813 Chairman -Planning 8 zoning Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor RE: Fence Variance Request 713 E. Kingsford Dr. Dear Terry and Julie, The Fence Variance Committee of the City of Meridian met in your presence at 4:45 P.M. -August 15, 1994, in City Hall to consider this request. ' After due consideration, the Committee decided to allow construction of the proposed 4.5' to 5' high wooden fence as you proposed contingent on the following: The face of the fence shall be set thirteen (13) feet from the property line along S.E. 5th Way. 2. The area between the fence and sidewalk shall be landscaped and maintained by you. 3, The board side of the fence shall face S.E. 5th Way. 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. 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. Sinc rely, Gary D. Smith, P.E. Chairman, Fence Committee cc: File City Clerk Building Inspector ~:. _. _ _ ,~~ - 1 CITY OF MERIDIAN 33 E. IDAHO MERIDIAN, ID S3E42 .FENCE VARIANCE APPLICATION (RE: Meridian Zoning Ordinance) APPLICANT NAME: f ~[.! ~~~C. C~ ~ ~~" ' PHONE ~ ~~g~ ~ ADDRESS: ~/~ ,~• /1'l'~~ S f c~21~ /~a~'. ~ ~J,c-2/1~>!~n/~c, ,d. r19~6~-2 ~lv~~s~ OWNIIZS NAME & ADDRESS: (If different than above) .%/4 PROOF OF OWNERSHIP: (COPY OF DEID OR OPTION MUST BE ATTAC~IED) LEGAL DESCRIPTION OF PROFF~I'Y: LOT# l RTK # L~i//T ~'Z sUBDIVISION 7,~/E Mt~~PIl~~~1n/ G~~~S - PRESENT USE & ZONING OF PROPERTY ~1~'s/,p~N'T/AL SCHEMATIC DRAWIlVG: ATTACH DRAWING SHOWING BUILDINGS, STREEE'rS & PROPOSID FENCE: SURROUNDING PROPER'T'Y OWNERS: LIST OF THE MAILING ADDRESSES OF ALL PROPERTY OWNERS (FROM AU~TIC TAX RECORDS OF ADA COUNTY) WITHIN 'TWO HUNDRID (200) FEEL' OF THE F~TERl~TAL BOUNDRIES OF THE LAND BEING CONSIDERID: DESCRIPTION OF REQUIREMIIVTS OF THE ORDINANCE THAT NE® TO BE RIDUCID TO PERMIT THE PROPOSID FE~N^CE: ~~~(6rI~~' ~O~ ~"t~,~c~ c?N ~o?.r/~-rz ~T fS Q~Td-T~GIt ~O' 7'p~~~ CGy~/Srci~°slyr ~jG 4et/C~o~fL /~ko~ ~i-e.- 5'aciaJ~~<r !n/~!/~ l-~ ~ ?f-cv+~ 7`~e /~kk~'~Tsi ~iy~ ~ 'l ~ ~fi~.vf'e ATTACH APPLICATION FEE OF $ ~0 ~' ~ S~ ~P~u ~r7 ~-r.C ATTACH STATEL~1'I' THAT FENCE IS ALLOWID UNDER THE RESTRIC'T'IVE COVINANTS OF THE //~~ SUBDIV~~--IyySION OR A COPY OF THE RESTRICTIVE COVENANTS PERTAII~TING TO CES 1 ~ ~~#~~ APPLICANT'S SI C11'"~' `~~= :~`~*~~~~i~N :, DATE RECEIVID RECEIVID BY COMMITTEE HEARIlVG DATE ~~7~ lS/ l7 C ~0~2~2~ ~~~gi?/ I 1 L ~~ ~ - ,_ ~ • - _~ ~~ t 4.r ~ -_'- ~ -- ~ ~- ~..~ n,~, 4~ ~t ~~.i -tom ..~, r~; ~ ~~((~ ~ 7 t i ~ 1 ,, i ~ ~ __ 1 1 f ~ t _._ _ '; ` .. - eta-f~.-o '- / •asF ~ e __._ .._.- _.: ~.- ..~-.. ~ _:._- .r - R ---=--- __ . _ ' . _ ___ ~~ ~ -- ~. ~~ ~u l2 iL ~ ~ Q- R R, 1 -_ ~ ~ t ~ ~ ~ ~' ~ , a 1 -J- ARTICLE I DEFINITIONS Section L. "Owner" shall mean and refer to the record owner, wheclier one or mu re persons or entitites, of a fee simple 'title to any lot which is part of the properties, including contract sellers, but..excluding those having such interest merely as security for••the performance of an obligation. Section 2. "Properties" shall mean and refer to that certain real prop- erty herelnbeEore Described, and such additions to said property thereto as may be added and therefore come under the terms,oE this declaration. Section 3. "Lot" shall mean and refer to any plot of land shown upon a recorded subdivision map of the properties with the exception of the common area. Section 4. "Declarant" shall mean and refer to Glenco Inc., its - successors and assigns or such successors or assigns should acquire more than one undeveloped lot from the Declarant for the purpose of development. Section 5. "Planned Unit Development" shall mean a single planned unit as initially designed; or such a unit as expanded by annexation of addition- al land area; or a group of contiguous planned units, either operating as a seperate entities or merged into a single consolidated entity, all consist- ing of land area which has commercial building sites, residential and common property such as streets and alleys. Section 6. "Special Use Area" shall mean an area approved by the Architectural Control Committee for storage of RV's, boats, etc. Section 7. "Common Area" shall mean all real property, water and sewer systems owned by the Association for the common use and enjoyment of the Owners. ARTICLE II AREA COVENANTS No lot shall be used except Eor residential and common area purposes. Section 1."Architectural Control Committee" No building shall be ' erected placed or altered on any lot until the construction and specifications and a plan ahoaing the location of the structure have been approved by the Architectural Control Committee as to quality workmanship and materials, harm- ony of exterior design with existing or planned structures and as to location . with respect to topography and finish grade elevation. No fence or wall shall -4- • be erected. placed or altered on anq lot nearer to any street than the minimum building setback line unless similarly approved. No building shall be considered without plane showing possible effects on view, parking, loading, unloading, trash storage and removal. Approval shall be as pro- vided in Section 2, Article III. Section lA. 71~e approval of the Architectural Control Committee of any plans or speciEicatlous submitted Eor approval, as herein speclfied, shall nut be deemed to be a waiver by the Architectural Cuutrul Commlttee of its right to object to any specifications submitted for approval as herein provided, for use on any other building site, nor shall such approval be construe) ae in any mariner modifying, altering or waiving any of ties conditions or restrictions sec forth herein as to location or otl~ezwise. Section ld. If after such plans and specifications have been approved the building, wall. Fence or other structures shall be altered, erected or maintained upon the building site otherwise than as approved by the Architect- ural Control Committee, such alteration, erection and maintenance shall be deemed to leave been undertaken wltl~out the approval of the Architectural Control Commlttee ever having been obtained as required by this Declaration. Section 2. "guilding and Storage Shed Location" (a) No building shall be located on any lot nearer to ties side street line than the minimum building setback line shown on the recorded plat. In any event no building shall be located on any lot nearer than twnety (20) feet to ties front property line and (10) feet from side yard property line. (b) No building shall be located nearer than the applicable Meridian City and Zdalto Fire Code allows. Some lots may have buildings with common walls and c•.~~mion access for utilities. The declaration of this common wall covenant and easement is contained hereinafter in Article IV Section 1. These lots will be designated and approved by the Architectural Control Committee prior to tl-e construction of the buildings. ' Section 7. "Easements" Easements Eor installation and maintenance of utilities, irrigation and drainage facilities are reserved as shown on the recorded plat and over the rear five (5) feet of each lot. Also on lots ' containing dwelling units joined together by common walls in groups or clusters of three or more of the said dwelling units. the first five feat of each lot shall be maintained as an access walkway, providing real lot access to other- wise inaccessible interior dwelling units. Also some lots containing dwell- . ing units joined together by common walls in groups or cluster of three or 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 4:45 o'clock P M., on Monday, August 15, 1994, for the purpose of reviewing and considering the Application of Terry and Julie ,Smith for a variance from the Meridian Fence Ordinance at the property legally described as follows: Lot 1: Block 7 Meridian Greens Subdivsion and known by the address 713 E. Kingsford Drive, Meridian, Idaho 83642. The Applicant proposed to reduce the the reduce the required 2Q' by 7' . 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 27th day of July , 1994. ~'.~~~ WILLIAM G. BERG, JR., CITY CLERK Propertie.Owners within 200 ft. Robert Giesler 2092 S. E. 5th Way ' Meridian, Idaho 83642 Glenco Development P. 0. Box 851 Meridian, Idaho 83642 Gary & Mary Lowman 2018 S. E. 5th Way Meridian, Idaho 83642 Roger Hefflinger 2010 S. E. 5th Way Meridian, Idaho 83642 Tim & Jana McCarthy 2000 S. E. 5th Way Meridian, Idaho 83642 Ron & Rita LaFever 737 E. Linkershim Dr. Meridian, Idaho 83642 Ed & Bernice Boinski 710 E. Kingsford Dr. Meridian, Idaho 83642 Lisa Davis 713 E. Linkershim Dr. Meridian, Idaho 83642 Dennis & Ruby Brandt 690 E. Kingsford Dr. Meridian, Idaho 83642 Blair & Ovela Pierson 687 E. Kingsford Dr. Meridian, Idaho 83642 ,~enKE-f~ M . Fo--woQCL 7~S E. Khysforac, /~Q~,d,a~, ~~ 83642. FENCE VARIANCE APPLICATION Terry P. & Julie C. Smith 713 E. Kingsford Dr. Meridian, Idaho 83642-6655 Frank & Alice Stouts 701 E. Kingsford Dr. Meridian, Idaho 83642 Anna Stephenson 622 E. St. Kitts Dr. Meridian, Idaho 83642 Dick & Merridy Willson 735 E. Kingsford Dr. Meridian, Idaho 83642 Maida Heitner 767 E. Kingsford Dr. Meridian, Idaho 83642 Noel Critchfield 778 E. St._~Martin Meridian, Idaho 83642 Kevin & Debrah Merritt 832 E. St. Martin Meridian, Idaho 83642 SECTION 1: That Section 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 a licant desires to obtain a variance rom a rov s ons o is ec ion - - s a no a rea a as a var ante pursuan o t e prov s ons o - - or - - o e ev se an om e r nances an a rote ure or sus a var ante s a no a overne e a orement one two sect ons. here sha 1 be a s ecia prose ure or .var antes rom ~s ence or Hance which s a e a. The owner as o ows: or applicant shall file an app lication fora fence variance with the Cit Clerk which app scat 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 phone number of owners of the subject 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 ~r~oPe-r.ty owners rom au en is ax recor s of .Ada count wit ~n eet o the ex erns oun arses o e an ein cons eyed; 10. Minimum requirements of this ordinance that need to be re use o perm~'~ a propose fence; 11. An a lication fee established by resolution o e ounci ; , t b. U on recei t of the fence variance a lication Fie zon n a m e s ra or s a se a earn an see hat notice s may a rs c ass ma to a owners o ro ert w thin eet o e ra us o e su ect ro ert w ich hear n sha a he not sooner an a s a e~r a ma n o e re u ire no ice an no more an a s a er may n o e requ re not ce. a notice o ear~ng oes not nee to be publ7Sne n e o ~Cia newspaper. c. The hearin established b this subsection shall ~6e con ucte a ence var ance comma ee w ~c comm. ee s a a comprise o e i n sneer er an o ce e e one ounc em er an one ann n an onin em er. uorum o say comma 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 die Comm t ee s a eit er a rove or en or a rove wit con t ons t e ap Ica ion or ence var ance; t at no wr t en ~n ~n s o act s a e re u~re ut a wri ten ec s on s a a wr tten o e a scant an to an art reques ng written not> >ca ion o e ecis on a e earin . e. APPEAL. An a rieved art ma a peal the aecis~on o e commi tee ~rec o t e it ounce ursuan o ec ion -~--..-•. uu~a~ a.. M1Gl(U IRLL run /iLL rtfvl.tJ "'1JJUtU AT G11Y HALL'F* ALL FENCES FACING GOLF COURSE MAST HAVE AGATE Fence Regulation clnr of ME~ioiAN f INSIDE LOT Property Line 33 East Idaho / d88~4433 i 6' Solid or Open~Fence ,~ ; - ~ , , • ~ Behind Set Back Property ; ~ ~; •; " I' ~~~: I ~I 3' Solid Fence or 4' Open Chain Link Type Fence In Front of Setback Fence Regulation CORNEA LOT • Pro ert -/ i p y Line Line •'' '' .' :.~• . ~ ''' I ;!!; !i • ~~ 20' Setb~ k/ tn,. /~ ~9 j ; / ~ 20' Setback 3' Wood or Solid Fence or 4' Open Fence 30' ~ ~0. . Site Triangle 3• chain Link - \ \ or Open Fence Property ~' Line-~ ~` /~ /~' e'~f S~~ LEa~a Open Access *~ to Water Meters and Fire Hydrant **(4'X4' ground area) b' Wood, Soiid or Open Fence 3' Wood or Solid Fenc or 4' Open Fence ~.<eeL' ~S