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
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C11'"~' `~~= :~`~*~~~~i~N
:,
DATE RECEIVID
RECEIVID BY
COMMITTEE HEARIlVG DATE
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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'
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