Loading...
Burrell, Garold.. -~ ~. CITY OF MERIDIAN 33 E. IDAHO MERIDIAN, ID 8342 FENCE VARIANCE APPLICATION (RE: Meridian Zoning Ordinance) APPLICANT NAME : /~ ~ /~%i~S ~a.~ /~ / ' ~l.Jic rr~ l~ PHONE O g7' / ~'~~ ADDRESS : 3~ ~g ~i®r~u C L° ~ee C~ ~f' OWNERS NAME & ADDRESS:(If different than above) PROOF OF OWNERSHIP: (COPY OF DEID OR OPTION MUST BE ATTA//CHID) LEGAL DESCRIPTION OF PROPERTY: LOT# ~ BLK # SUBDIVISION ~'vd 5 0" ~I~S ~ d ~e ~-"~~ ~ ~~ '~ Z PRESENT USE & ZONING OF PROPERTY ~.e. S c•0' ~°-~.rK ~•- SC~ISNlATIC DRAWING: ATTACH DRAWING SHOWING BUILDINGS, STREETS & PROPOSID FENCE: SURROUNDING PROPER'T'Y OWNERS: LIST OF THE MAILING ADDRESSES OF ALL PROPERTY OWNERS (FROM AUTHENTIC TAX RECORDS OF ADA COUNTY) WITHIN 'TWO HUNDRID (200) FEET OF THE EXTERNAL BOUNDRIES OF THE LAND BEING CONSIDERID: 1Nc=r.~2~ DESCRIPTION OF REQUIRII~NTS OF THE ORDINANCE THAT/ NE® TO BE TO PERMIT THE PROPOSID FENCE: r'e(~ 1/a.r~G.~-~.e 'T~ ~ flaw" -/'~E'v~-~~ l~`5+~`~ ~fl ~j.e 5~3~~ versus 36`~ fo ill w ~.r '~i~s5e I'~~~.~.c~i~-~.` ATTACH APPLICATION FEE OF $ S~ ~- ATTACH STATII~NT THAT FENCE IS ALLOWED UNDER THE RESTRIC'T'IVE COVENANTS OF THE SUBDIVISION OR A,COPY OF THE RESTRICTIVE COVII~TANTS PERTAIlVING 2'0 FELVCES: ,~ APPLICANTS SIGNATURE: DATE RECEIVID COMMITTEE HEARING DATE RECEIVID BY ~~98' ~~r~~ Cr~~~r \ ,,.~ ~. \\ ~~ ~~ . \\ , .,.~ ~L e ^r S4( ~~~ ~ ~~ k ^" 1 ' s-'~`s ~~ ~ ~~ 1 ~,. ~a1V~.~VU~y ~PARKSIDE CREEK tiUBDIVISION THIS DECLARATION is made effective on the ,l~ day of ~OUP,f11~ 1992 by L & R SALES, an ;daho Partnership hereinafter referred to as "Declarant.~~ WHEREAS, Declarant ie the owner of certain real property situated in the City of Meridian, County of Ada, State of Idaho known as Rod's Parkside Creek Subdivision. WHEREAS, Rod's Parkside Creek Subdivision is a duly recorded plat; and WHEREAS, 'the Declarant desires to declare of public record certain Protective Covenants, Conditions and Restrictions upon the ownership of said property: NOW THEREFORE, in consideration of the foregoing, the Declarant does hereby declare that the following Protective Covenants, Conditions and Restrictions: ~ 1. Shall become and are hereby made a part of all conveyances of all lots within the plat of Rod's Parkside Creek Subdivision, recorded on the 1g~'2 day of IJe~~jQ,~ , 1992, in Book .~~ of Plats at Pages(oQS~~sof the. records of Ada County, State of Idaho: 2. Shall be reference become a part of any such conveyance and shall apply thereto as fully and with the same effect as if set forth at large therein. NOW, THEREFORE, Grantor hereby declares that the Property and each Lod`, parcel or portion thereof, is, and/or shall be held, sold, conveyed, encumbered, hypothecated, leased, used, occupied and improved subject to the following terms, covenants, conditions, reservations, easements and restrictions, all of which are declared and agreed to be in furtherance of a general plan for the protection, maintenance, subdivision, improvement and sale of the Property, and to enhance the value, desirability and attractiveness of the Property. The terms, covenants, conditions, reservations easements and restrictions set forth herein shall run with the lance constituting the Property and with each estate therein and shall be binding upon all persons having or acquiring any right, title or interest in the Property or any Lot, parcel or portion thereof; shall inure to the benefit of every Lot, parcel or portion of the Property and interest therein, and shall inure to the benefit of and be binding upon Grantor, its' successors in ir.~terest and each Grantee or Owner and his respective successors in interest, and may be enforced by Grantor, by any Owner or his successors in interest . Notwithstanding the foregoing, no provision of this Declaration shall be construed as to prevent or limit Grantor's right to complete development of the Property and construct improvements thereon, nor Grantor's right to maintain model homes, construction, sales or leasing offices or similar facilities on any portion of the Property, nor Grantor's right to poet signs incidental to construction, sales or leasing. 1 ,1 , such a way as to be visible from an i ° in s por plant wastePrcompoct No lumber, grass, shrub or tree cl pp 9 files, metals, building or other matke i~lsstoredcorpallowedhto P similar material or articles shall e P ccumulate on any portion of the Propertcy eviewtasi appro~ dnbYothe a ro riately screened f r structure or app P Architectural Committee.. g . Offensive Lictht - No light seasonablym bright r or accuses or Common Area which light is unr unreasonable glare. T, Construction - During the course of actual construction of an permanent improvements, the reiarations shalli be deemed Y lemental dec Declaration and any suPP to permit such construction, waived .to the extent necessary rovided that during the course of such of thesetrestrictions upon be done which will result in a violation entl completion of construction and allousl t and without delayslig Y prosecuted to completion,ras t or yard clippin9s- rubbish, trash, No excavation material, g arbage, refuse or debris shall be placed or allowed to rema n on 9 any vacant or unimproved lot. case where it is neces s d to U• Re-Construction - In any reconstruct a Unit or any improvement in the Common Area, rosecuted diligently, continuously and re-construction shall be p thereof until such structure without delays from time of commencing causes beyond ainted, unless prevented by is fully completed and p control and only for such time that such causes continue• and V ~ - Fences shall be o Or designs must be approved construction. All other fence types by the Architectural Control Committee.' conditions 'and W Plat Conditions - All covenants, ions and other matters Bet forth on all Plats are hereby restrict reference and notice is hereby given to the same. incorporated by s after g. Front and Side Yards - Within thirty (30) day c of the dwelling unit, each lot shy=e hat feast°tWO ~2a occupan Y one. deciduous or conifer roved by the rolled sod lawn, shrubs or bushes as app must inches in diameter and ten (10) All front yard landscaping Architectural Control Committee. event of undue hardship be com leted within ninety (90) days from the date of occupancy o P the residence constructed t this Pro ision may be extended up to a due tlo~we o f e sig nd~ 6~ ° months upon written approval by the maxim Architectural Control Committee. 8 THIS riDRM f'URNISIIBb COUR'[8SY Oih STEWAIt~ TITHE RaAb ~ AP17tOV11b »Y aRANTaH(~t {0640} no,s~ lu BThWART 71T1.t3 '95 flPR 'l4 nl7 y , 7 .~ tab ~ fEE,,,~_..w ~ , , RECOROF.1, ,;1 ..~~ f',L~UF9 TT O0F~ 11C1! ABOVa'rN19 L~VB POA >Fic~p~b>rI0 bA~'i~_ Order No. s 9so$3996 lU3/88 WA~t1tAN'1'Y DAD FOR dAL~IE R13CB1VB0 ROLAN L. COQK ANb CHARMAYNB L. COpK, HUSBAND AND WxF>~ also shown of record as Ra~.an Cook end Cltarmaine Cook) C3RANTOR(S), does(do) hereby GRANT, DARGAIN, SLLL and GONdEY unto GARpI,D F. BUitRELL AND LORNA G. 131JRRELL, ItUS>sAND ANt] WIFE~.~3 ~V ~~ ~J r ~1 C3RANTEL(S), whose curcenl address is: 3698 tA. l9PRUC>t Clt>S>~RpMBR*DIAN, IDAHO 83642 the following described real property is ApA Gbunty, State a[ Idaho, more particulatly described as follows, to wit: Lot 4 in Elook it o! RODS 1?ARKSIDB CRg81C SUBDIVISION Np. a, aoc~ording to the Official Plat thereof, lilsd in Hook !S3 of Plate at Page(s) 6343-6344, and Amorlded by Affidavit z®aorded t3®ptembor 8, 1993, as ~n®truntent No. 9373810, raaords at Ada County, xdatio. TO HA'Vl? AND TO HOLD the said premises, with their appurtenances unto the Bald Qantee(s), and Grantee(s) heirs and aasigna~ forever. And the said Gralttor(a) does(do) hereby covenant to and w1tL the said Grantee(s), that Grantor(s) b/are the owner(s) in fee simple of said premises; that said premised are free [rom all encumbrances, EXCEPT those to which this conveyance is eapresaly made subject and those made suffered or done by the Grantee(s); and subJect to reservations, restrictions, dedications, easements, rl~htg o~ way add agreements, (lf any) of record, and genera! taxes and assessmontg, (lnclutling Irrigatbst and utility assessments, if any) for the current year, which are not yet due and payable, and that Gralttoc(s) wilt warrant and defend the same from all IawfLl claims whatsoever. Dated~April 13, 1995 ROLAN L. CQOK ti CI INN COOL{ STATB 017 IUAHp COUNTY On AUA On this 14 tli day of Apr , In the year of l,gg5 , before me, the undersigned, a Notary Public 1n and for eaid State, par~ple~tl~~~~ RdLAN 'L. COOR AND CHARMAINB L. COOK ~ 4 { 6 4 0 ..~__ •••••r .vv ~ o ..a.a yy~,g YVx Ki1[-V~,DINO DATA, OrAer No.r 9SO$3396 itB/SB ,~ VVAIt]ttA1VZ'Y DAD 1?QR VAL(J$ RF.CBIVBD ROLAN L. COOK ANb CHARMAYNB I,, CppK, HUSBAND AND WXF>£ also shown of record ne Ro~.an Cook and Cltarmaine Cook) QRANTpR(S), does(do) hereby GRANT, DARGAIN, SELL and CONVEY unto GAROT.t) F. 8U1tRELL AND LORNA G. gURRELL, HUS>s,1-ND ANp WIF>E~,~~ v~ r GRANTEi?(S), whose Current address ia: 3698 W. t9PRUCL CRREKp~BRIDIAN, il)AHO 83642 the i'oilowing described real property In ApA Uounty, Stye of Idaho, more particufariy described as follows, to wit: Lot 4 in Plonk 11 of ItOD~t3 PARICt3ID8 CR13BK SUllDIyIt3iON N0. B, ao~ording to the Oi°fiaial Plat thereof, tiled in Book 63 of plate at Page(s) 6343-6344, and Amended by Affidavit r®aorded SeptsRb®r 8, 1993, ag Inetru~gebt No. 9373810, records aP Ada County, zdatto. TO HAVF. ANb TO HOLD the said premises, with their appurtenances unto the said Qratttce(s), and Grantee(s) heirs and assigns forever. And the said Grtmtor(a) does(do) hereby covenant to turd with the Bald Grantee(s), that Grantor(s) is/are the owner) in tee aimpie of said premises; that said premisca sre free from ail encumbrances, EXCEPT those to which is conveyance is eapreasly made subject sad jhose made suffered dr done by the Grantee(s); and subject to reservatlona. restrlctlons, dedlcatioaa; easements, r~htg o~ way and agreements, (if any) of record, and genera! tease and assesstnonts, (including Irr~gatbn satd uttiUy assessments, if any) for the current year, which are not yet due and payable, and that Gra~oc(a) wlli warrrant and defend the same from all iawflil claims whatsoever. Dated: April 13, 1995 ROY,AN L . COOK S'1'A18 Oi~ IDAHO COUNTY OF AbA On t1~ls 14 t:li da of Public in and for said Mate, known or ~entltied to acknowl~iged to me that r CI NB COOK In the year of x,995 ,before tne, th$ undersigned, a Notary ROLAN~L. COOK AND CHARMAINB L. COOK name(s) lalare subscribed to Ute within Instrument, and 5ignaturo: Name: ~~11 n l.+.s . ~ d~ od trn»K Residing at: My Commission Sxgires; ~-9 ~- 9 8' • 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 applicant desires to obtain a variance from Lne rovisions of tn~s Section tt-y-bus s a no a rea a as a var ante ursuan o t e rov s ons o - - or - - o e ev se an om i e r nances an a rote ure or suc a var ante s a no a overne e a orement oned two sections. here sha 1 be_ a s ep cia - rote ure or variances rom ~s ante ence or ni w ch s a a a. The owner as o ows• or applicant shall file an app lication for a 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 hone number of owners of e su sec 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 drawin of the build in and propose ence; 9. List of the mailin addresses of all ro ert owners rom au en is tax recor s o a count wit n eet o the ex erna oun arses o e an eing cons erect, 10. Minimum re uirements of this ordinance that nee o e re uce o ermi a ro ose ence; 11. An a lication fee established b resolution o e ounce b. U on recei t of the fence variance application Fie zon n a m n s ra or s~ se a Hearin an see that notice s may a rs c ass ma to a owners o ro ert with n eet o e ra us o the su ect ro ert which hear ng sha a he not sooner an a s a er a mai n o e re uire~ no ice an no more an a s a er mai n o e re u re not ce. a no ice o earin oes not nee o e pu s e n~Fie o~~3c i s news paper. c. The hearin established b this subsection. shall ~e con ucte a ence variance commi ee w is comm. ee s a a comprise o e i n sneer e er an o ce a one ounc em er an one ann n an onin em er. uorum o sai commi tee s a e a minimum 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 eat er a rove or en or a rove wit con bons t e ap Ica ion or ence variance; t at no wr tten in ~n s o act s a e re uire ut a wri ten ec soon s a e wr tten o e ap scant an to an art reques ng written note Ica ion o .e ..ec . s . on a ~ ..-~e ear i ng e. APPEAL. An a reeved art ma a peal the decision o e commi tee erect o t e it ounce ursuan o ec ion - - • .,~.w .a~u a.n nLL f G'11. L.7 1_7.]U LL ALL FENCES FACING GOLF COURSE MUST HAVE A GATE Fence Regulation INSIDE LOT Property Line a ° / ~ / Property Line .~ ,l~~ 3' Solid Fence or 4' Open Chain Link Type Fence In Front of Setback Fence Regulation CORNEA LOT perty Line ~~ 20' Setback ~,. .._~ __ _-.- ~ t; ~ ~ r ~ ~ ° ,~ 1 20' Setback 3' Wood or So11d Fence or 4' Open Fence 30'~•130~ Site Triangle 3' Chain Link - \ or Open Fence CITY OF MEflIDIAN 33 East Idaho 11884133 16' Solid or Open~Fence l Behind Set Back Property ~' line-~ ~i~ ~ r ee~' Sti< ~ LEa~e Open Access *` to Water Meters and Fire Hydrant **(4'X4' ground area) b' Wood, Solid or Open Fence 3' Wood or So11d Fenc or 4' Open Fence eet~ Stt 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 21, 1995, for the purpose of reviewing and considering the Application of Mr. & Mrs. Garold Burrell for a variance from the Meridian Fence Ordinance at the property legally described as follows: Lot 4. Block 11 Rod's Parkside Creek Subdivision No. 2 and known by the. address 3698 Spruce Creek prive. Meridian.. Idaho 83642. The Applicant proposed to increase the height requirement from 36" to 53" to allow for noise reduction and added. rivacy along W. Park Creek. 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 31st day of uJ Ix , 1995. WILLIAM G. BERG; JR., TY LERK NEIGHBORS AD~TACENT TO 3698 SPRUCE CREEK DR. Mr. d~ Mrs. Garold F. Burrell 3742 Wade & Karla Gearheard 3648 Andrew & Connie Lan ston 3663 Sheridan & Deborah Keber 3639 Hans & Elizabeth Kronawetter 1390 James & Kenna Moore 1401 Mont & C thia Tolman 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, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI S. STILES, P 8 Z Adm. PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chlet WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public WorksBuilding Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 GRANT P. KINGSFORD Mayor August 21, 1995 Mr. & Mrs. Gerold Burrell 3698 Spruce Creek Dr. Meridian, Idaho 83642 RE: Fence Variance Request 3698 Spruce Creek Dr. Dear Mr. & Mrs. Burrell: COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW P & Z COMMISSION JIM JOHNSON, Chairman MOE ALIDJANI JIM SHEARER CHARLIE ROUNTREE TIM HEPPER The Fence Variance Committee of the City of Meridian met in your presence at 4:45 P.M., August 21, 1995, in City Hall to consider this request. After due consideration, the Committee decided to deny your request to construct a solid fence higher than 3 feet within the side street setback of W. Park Creek Drive. The reason for this denial is based on the need of an adequate sight distance for vehicles entering W. Park Creek Drive from W. Spruce Creek and an adequate sight distance for vehicles leaving the driveway of the adjacent home. Thank your for complying with the City ordinance in requesting this variance. Sincerely, Gary D. Smith, P.E. Chairman, Fence Committee cc: File City Clerk Building Inspector