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
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~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
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BThWART 71T1.t3
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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 ~~
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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$3396 itB/SB
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VVAIt]ttA1VZ'Y DAD
1?QR VAL(J$ 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