Tunison, Jeff & MaryHUB 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 Chiei
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
MAX YERRINGTON
ROBERT D. CORRIE
WALT W. MORROW
SHARI STILES
Planner 8 Zoning Administrator
JIM JOHNSON
Chairman ~ Planning 6 Zoning
GRANT P. KINGSFORD
Mayor
October 10, 1994
Jeff & .Mary Tunison
3097 W. Sweetbriar St.
Meridian, ID 83642
RE: FENCE VARIANCE REQUEST
3097 W. Sweetbriar St.
Dear Jeff & Mary:
The Fence Variance Committee of the City of Meridian met in Jells presence at 3:55 p.m.
October 7, 1994, in City Hall to consider this request.
After due consideration, the Committee decided to allow the six (6) foot high wooden fence
constructed in the setback area along the east side of your lot to remain in place as built with its
face approximately 10 feet from the back edge of the sidewaltk along N. Stone Ave.
The area between the fence and sidewalk shall be landscaped and maintained by you.
The City of Meridian has no jurisdiction in the enforcement of the provisions of your subdivisions
Protective Covenants. You have submitted a letter from Mr. Charles Ward stating that the
infringement of this fence into the side street setback area is acceptable to the subdivisions
Architectural Committee.
You did obtain a fence building permit immediately after the results of the variance committee
meeting on your request.
Thank you for complying with the City ordinance in requesting this variance.
Si cerely,
Ga .Smith, P.E.
Chairman, Fence Committee
cc: File
City Clerk
Building Inspector
CITY OF MERIDIAN
33 E. IDAHO MERIDIAN, ID 8342
FENCE VARIANCE APPLICATION
(RE: Meridian Zoning Ordinance)
APPLICANT NAME : ~,~,.~-F ~ /I/~Q rL~ u `/ ~ S~ PHONE cP~'~~ O/~S/
ADDRESS : ,,gyp 9 ~ /{~ , ~7 GUS e~ ~ i"i Gt Y ~~ ~P~1'~G~'r ~ a t , ~- (~ ~J'fo ~,Z.
OWNERS NAME & ADDRESS: (If different than above) ~'a fYl~Qi
PROOF OF OWNERSHIP: (COPY OF DEID OR OPTION MUST BE ATTACHID)
LEGAL DESCRIPTION OF PROPERTY: LOT#~_BLK # 3
SUBDIVISION ~.R ~~/P < << ~(-~-
PRF~SENT USE & ZONING OF PROPERTY ~0 5i'~~p_,~( yL',Q,.l
SCf~'IATIC DRAWIDIG : ATTACH DRAWING SHOWING BUILDIlVGS , STREET'S & PROPOSID FENCE
SURROUNDING P~PERTY OWNERS: LIST OF THE MAILING ADDRESSES OF ALL PROPERTY
OWNERS (FROM AUIZ~NTIC TAX RECORDS OF ADA COUNTY) WITHIN `TWO HUNDRED (200)
FEET OF THE FxTERrTAL BOUNDRIES OF THE LAND BEING CONSIDERID:
DESCRIPTION OF REQUIREMENTS OF THE ORDINANCE THAT NEED TO BE
PERMIT THE PROPOSID FENCE : ~p„/0, r.,~~ ~n ca ~ ~ . _ .~O ~ ~ ~ ALE
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ATTACH APPLICATION FEE OF $ ~ D , D Q
ATTACH STATEN~NT THAT FENCE IS ALLOWED UNDER THE RESTRICTIVE COVENANTS OF THE
SUBDIVISION OR A COPY OF THE RESTRICTIVE COVENANTS PERTAINING TO FENCES: ti
DATE RECEIVED 9- r 3 - 9 ~
RECEIVID BY
APPLICANTS SIC~VATURE : ~ ~'^'"" l/~
COMMITTEE HEARING DATE
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DEED OF TRUST
THTS DEED OF TRUST (("Security Instrument") is made on Ju 1 y 7
19 94 The grantor is JEFFERY G. TUNISON AND MARY K. TUNISON, HUSBAND AND WIFE
("Borrower"). The trustee is
FIRST SECURITY BANK OF UTAH, N.A. ("Trustee"). The beneficiary is
FIRST SECURITY BANK OF IDAHO, N.A. ,which is organized and existing
under the laws of THE STATE OF IDAHO ,and whose address is
P. 0. BOX 7069, BOISE, IDAHO 83730 ("Lender'_).
Borrower owes Lender the principal sum of E 1 ghty Thousand and No /100 --------------
-------------------------- Dollars (U.S. $ 80 , 000.00 ). 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 J u 1 y 1 , 2 0 0 9
This Security instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with
interest, and all renewals, extensions and modifications of the Note; (b) the payment of all other sums, with
interest, advanced under paragraph 7 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, Tdaho:
LOT 8 IN BLOCK 3 OF CANDLELIGHT SUBDIVISION N0. 1, ACCORDING TO THE OFFICIAL PLAT
THEREOF, FILED IN BOOK 61 OF PLATS AT PAGES 6095 AND 6096, RECORDS OF ADA COUNTY,
IDAHO.
which has the address of 3097 W. SWEETBRIAR ST. MERIDIAN
Istreeti (Cnv]
Idaho 83642 ("Property Address");
[av code]
TOGETHER WTTH all the improvements now or hereafter erected on the property, and all
easements, appurtenances, and fixtures now or hereafter apart of the property. All replacements and
additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security
Tnstrument as the "Property."
BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the
right to grant and convey the Property and that the Property is unencumbered, except for encumbrances of
record. Borrower warrants and will defend generally the title to the Property against all claims and demands,
subject to any encumbrances of record.
Inltlal Inltlal
I DAHO-Single Family-Fannie Mae/Freddle Mac UNIFORM INSTRUMENT Form 3013 9/90 (page 1 of 6 pages)
insurance shall be chosen by Borrower subject to Lender's approval which shall not be unreasonably withheld.
if Borrower fails to maintain coverage described above, Lender may, at Lender's option, obtain coverage to
protect Lender's rights in the Property in accordance with paragraph 7.
All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage
clause. Lender shall have the right to hold the policies and renewals. If Lender requires, Borrower shall
promptly give to Lender all receipts of paid premiums and renewal notices. in the event of loss, Borrower
shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made
promptly by Borcower.
Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to
restoration or repair of the Property damaged, if the restoration or repair is economically feasible and
Lender's security is not lessened. if the restoration or repair is not economically feasible or Lender's security
would be lessened, the insurance proceeds shall be applied to the sums secured by this Security instrument,
whether or not then due, with any excess paid to Borrower. if Borrower abandons the Property, or does not
answer within 30 days a notice from Lender that the insurance carrier has offered to settle a claim, then
Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore the Property or
to pay sums secured by this Security Instrument, whether or not then due. The 30-day period will begin when
the notice is given.
Unless Lender and Borcower otherwise agree in writing, any application of proceeds to principal shall
not extend or postpone the due date of the monthly payments refereed to in paragraphs 1 and 2 or change
the amount of the payments. if under paragraph 21 the Property is acquired by Lender, Borrower's right to
any insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass
to Lender to the extent of the sums secured by this Security instrument immediately prior to the acquisition.
6. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application;
Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within
sixty days after the execution of this Security instrument and shall continue to occupy the Property as
Borrower's principal residence for at least one year after the date, of occupancy, unless Lender otherwise
agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist
which are beyond Borcower's control. Borcower shall not destroy, damage or impair the Property, allow the
Property to deteriorate, or commit waste on the Property. Borrower shall be in default if any forfeiture
action or proceeding, whether civil or criminal, is begun that in Lender's good faith judgment could result in
forfeiture of the Property or otherwise materially impair the lien created by this Security instrument or
Lender's security interest. Borrower may cure such a default and reinstate, as provided in paragraph 18, by
causing the action or proceeding to be dismissed with a ruling that, in Lender's good faith determination,
precludes forfeiture of the Borrower's interest in the Property or other material impairment of the lien
created by this Security Instrument or Lender's security interest. Borrower shall also be in default if
Borrower, during the loan application process, gave materially false or inaccurate information or statements
to Lender (or failed to provide Lender with any material information) in connection with .the loan evidenced
by the Note, including, but not limited to, representations concerning Borrower's occupancy of the Property
as a principal residence. if this Security instrument is on a leasehold, Borrower shall comply with all the
provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not
merge unless Lender agrees to the merger in writing.
7. Protection of Lender's Rights in the Property. If Borrower fails to perform the covenants and
agreements contained in this Security instrument, or there is a legal proceeding that may significantly affect
Lender's rights in the Property (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture
or to enforce laws or regulations), then Lender may do and pay for whatever is necessary to protect the value
of the Property and Lender's rights in the Property. Lender's actions may include paying any sums secured by
alien which has priority over this Security instrument, appearing in court, paying reasonable attorneys' fees
and entering on the Property to make repairs. Although Lender may take action under this paragraph 7,
Lender does not have to do so.
Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borcower
secured by this Security Tnstrument. Unless Borrower and Lender agree to other terms of payment, these
amounts shall bear interest from the date of disbursement at the Note rate and shall be payable, with
interest, upon notice from Lender to Borrower requesting payment.
8. Mortgage Insurance. if Lender required mortgage insurance as a condition of making the loan secured
by this Security instrument, Borrower shall pay the premiums required to maintain the mortgage insurance in
effect. if, for any reason, the mortgage insurance coverage required by Lender lapses or ceases to be in
effect, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the mortgage
insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the mortgage
insurance previously in effect, from an alternate mortgage insurer approved by Lender. if substantially
equivalent mortgage insurance coverage is not available, Borrower shall pay to Lender each month a sum
equal to one-twelfth of the yearly mortgage insurance premium being paid by Borrower when the insurance
coverage lapsed or ceased to be in effect. Lender will accept, use and retain these payments as a loss reserve
in lieu of mortgage insurance. Loss reserve payments may no longer be required, at the option of Lender, if
mortgage insurance coverage (in the amount and for the period that Lender requires) provided by an insurer
approved by Lender again becomes available and is obtained. Borrower shall pay the premiums required to
Inltlal loltlal
_ ~~ _ •r ~i, Form 3013 9/90 (page 3 of 6 pages)
16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security
Instrument.
17. Transfer of the Property or a Beneficial Interest in Borrower. Tf all or any part of the Property or
any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and
Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require
immediate payment in full of all sums secured by this Security instrument. However, this option shall not be
exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument.
Tf Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall
provide a period of not less than 30 days from the date the notice is delivered or mailed within which
Borrower must pay all sums secured by this Security instrument. Tf Borrower fails to pay these sums prior to
the expiration of this period, Lender may invoke any remedies permitted by this Security instrument without
further notice or demand on Borrower.
18. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to
have enforcement of this Security instrument discontinued at any time prior to the earlier of: (a) 5 days (or
such other period as applicable law may specify for reinstatement) before sale of the Property pursuant to any
power of sale contained in this Security Instrument; or (b) entry of a judgment enforcing this Security
Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under
this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other
covenants or agreements; (c) pays all expenses incurred in enforcing this Security instrument, including, but
not limited to, reasonable attorneys' fees; and (d) takes such action as Lender may reasonably require to
assure that the lien of this Security Instrument, Lender's rights in the Property and Borrower's obligation to
pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower,
this Security instrument and the obligations secured hereby shall remain fully effective as if no acceleration
had occurred. However, this right to reinstate shall not apply in the case of acceleration under paragraph 17.
19. Sale of Note; Change of Loan Servicer. The Note or a partial interest in the Note (together with this
Security instrument) may be sold one or more times without prior notice to Borrower. A sale may result in a
change in the entity (known as the "Loan Servicer") that collects monthly payments due under the Note and
this Security Instrument. There also may be one or more changes of the Loan Servicer unrelated to a sale of
the Note. Tf there is a change of the Loan Servicer, Borrower will be given written notice of the change in
accordance with paragraph 14 above and applicable law. The notice will state the name and address of the
new Loan Servicer and the address to which payments should be made. The notice will also contain any
other information required by applicable law.
20. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or
release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to
do, anything affecting the Property that is in violation of any Environmental Law. The preceding two
sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous
Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of
the Property.
Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other
action by any governmental or regulatory agency or private party involving the Property and any Hazardous
Substance or Environmental Law of which Borrower has actual knowledge. Tf Borrower learns, or is notified
by any governmental or regulatory authority, that any removal or other remediation of any Hazardous
Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in
accordance with Environmental Law.
As used in this paragraph 20, "Hazardous Substances" are those substances defined as toxic or hazardous
substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic
petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or
formaldehyde, and radioactive materials. As used in this paragraph 20, "Environmental Law" means federal
laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental
protection.
NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
21. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following
Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration
under paragraph 17 unless applicable law provides otherwise). The notice shall specify: (a) the default; (b) the
action required to cure the default; (c) a 'date, not less than 30 days from the date the notice is given to
Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date
specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of
the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the
right to bring a court action to assert the non-existence of a default or any other defense of Borrower to
acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender at its
option may require immediate payment in full of all sums secured by this Security Instrument without further
demand and may invoke the power of sale and any other remedies permitted by applicable law. Lender shall
be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 21, including,
but not limited to, reasonable attorneys' fees and costs of title evidence.
Fonn 3013 9/90 (page 5 of 6 pages)
September 12, 1994
FENCE VARIAAICE
Subject Property: 3097 W. Sweetbriar
Meridian, Idaho 83642
We/I have reviewed the fence variance request of Jeff and Mary
Tunison. The setback reduction from 20 Feet to 10 Feet on the
~t side of their property is acceptable to us/me.
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September 12, 1994
F~I~C~ VA,~tI~,NCE
Subject Property: 3097 W. Sweetbri.ar
kieridian, Idaho 83642
Lot 8 Flock 3 Candlelight Subdivisfe~n
I have reva~ewed the fence variance request of Jeff and Mary
Tunisan. Mhe setback reduction from 20 Feet to to Feet on the east
side of their property is acceptable to the ~rchitecturaA Cantra~,
Committee of Candlelight Subdivision. '~herefare, the Fence is
allowed under the restri.cti~v® cov®nants pertai.nix-g to fences.
~~.
Charles L. Ward
Candlelight Subdivision
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 3:55 o'clock P M., on Friday, October 7. 1994, for the
purpose of reviewing and considering the Application of Jeff and Mary Tunison for a
variance from the Meridian Fence Ordinance at the property legally described as follows:
Lot 8, Block 3 candlelight Subdivision and known by the address 3097 W. Sweetbrier
St.. Meridian. Idaho 83642. The Applicant proposed to reduce the required 20 foot side
~gtback at the east edge of the property to 10 feet fora 6 foot tall solid cedar 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 1 t day of September , 1994.
S~~/~k...-~ ~
WILLIAM G. BERG, JR., CI CLERK
ATTACHMENT TO FENCE VARIANCE APPLICATION FOR JEFF AND MARY TUNISON
LIST OF SURROUNDING PROPERTY OWNERS
Pete and Laurie Szobonya
3064 W. Sweetbriar St.
Meridian, Idaho 83642
(208) 888-0301
Jerry and Penny Patterson
2982 N. Stone Avenue
Meridian, Idaho 83642
(208) 887-9639
Terry and Alice Dean
2940 N. Stone Avenue
Meridian, Idaho 83642
(208) 887-0978
Robert & Diane McCormick
2974 N. Hearth Avenue
Meridian, Idaho 83642
(208) 887-9460
James and Liz Love
.2910 N. Stone Avenue
Meridian, Idaho 83642
(208) 887-9227
Laura Noyes
3002 N. Hearth
Meridian, Idaho 83642
(208) 8$7-7632
Ryan & Millicent Hansen
2931 N. Hearth Avenue
Meridian, Idaho 83642
(208) 887-4842
Terry Jullian (Builder)
7709 E. Powerline
Nampa, Idaho 83651
2963 N. Hearth Avenue
Douglas & Bridgette Loveland
3092 W. Sweetbriar St.
Meridian, Idaho $3642
{ 208 ) 8879260
Loren & Jennifer Mait
2929 N. Stone Avenue
Meridian, Idaho 83642
(208 )887-9351
Jerry & Sue Pelton
2886 N. Stone Avenue
Meridian, Idaho 83642
(208) 887-9493
Pat Mullarkey
2883 N. Stone Avenue
Meridian, Idaho 83642
(208) '887-2087
Gary Schweiger (Builder)
4618 ClearvieW
Boise, Idaho 83703
(208) 343-3191, (2D8) 866-5402
2928 N. Hearth Avenue