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Giesler, RobertHUB OF TREASURE VALLEY 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. DENNIS J. SUMMERS, Parks Supt. SHARI S. STILES, P & Z Adm. PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney October 17, 1995 Mr. Robert A. Giesler 2092 S.E. 5th Way Meridian, Idaho 83642 RE: Fence Variance Request 2092 S.E. 5th Way Dear Mr. Giesler: GRANT P. KINGSFORD Mayor 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., October 16, 1995, in City Hall to consider this request. After due consideration, the Committee decided to allow construction of a 6 foot tall wooden fence within the E. Martinique Dr. side street setback area subject to the following: 1. The face of the fence shall be set a minimum of 10 feet from the back edge of sidewalk. 2. The area between the fence and sidewalk shall be landscaped and maintained by you. 3. The board side of the fence shall face E. Martinique Dr. 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. 5. 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. Sincerely, Gary .Smith, PE Chairman, Fence Committee A Good Place to Live CITY ®F MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public WorksBuilding Deparunent (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 cc: File City Clerk Building Inspector """"~, lid ~~/~ 7 kC'St0 c'~,, ~~I '•1 ~.1~ CITY OF MERIDIAN 33 E. IDAHO MERIDIAN, ID 83642 (RE: Mer' idian Zo ing Ordinance) APPLICANT NAME : 6 .~' ~ ~ E ,~ ~' PHONE - 79 ADDRESS : ~fa9o~ S, ~ ~'`'~ ~/~- f ~£'' N~ 51~..Z/Sz/~ ATTACH APPLICATION FEE OF $ ,`-~ O U V OWNERS NAME & ADDRESS:(If different than above) PROOF OF OWNERSHIP: (COPY OF DEID OR OPTION MUST BE ATTACE~) LEGAL DESCRIPTION OF PROPERTY: LOT#~_BLK # SUBDIVISION j~~e°.f'ibs~-.t/ G~,Pe e ~u 5 PRESENT USE & ZONING OF PROPERTY /~e s T~.~!1~.~-~ SCHEMATIC DRAWING : ATTACH DRAWING SHC~n1ING BUILDIlVGS , STREE'T'S & PROPOSID FENCE SURROUNDING PROPERTY OWNERS: LIST OF THE MAILING ADDRESSES OF ALL PROPERTY OWNERS (FROM! AUTHENTIC TAX RECORDS OF ADA COUN`T'Y) WITHIN TWO HUNDRID (200) FEET' OF THE EX7.'ERI~TAL BOUNDRIES OF THE LAND BEING CONSIDERID: DESCRIPTION OF REQUIRII~NTS OF THE ORDINANCE`/THAT NEID BE RIDUCED TO PERMIT THE PROPOSID FENCE: /e%Q~PSf1 we ~ Td ~`/o ciJ /o ~ ~~~/~ ATTACH STATEMENT THAT FENCE IS ALLOWID UDIDER THE RESTRICTIVE OWENANTS OF THE SUBDIVISION OR A COPY OF THE RESTRICTIVE COVIIVANTS PERTAIIVING TO S• APPLICANTS SIC~ITATUFtE : *' DATE RECEIVED COMMITTEE HEARIl~IG DATE RECEIVID BY FENCE VARIANCE APPLICATION s ,~~ ~f~ ~~~ ,~ -.~ Q p`t AN/q/' ~` ~1. ~~ ~,,~~ CORPORATE WARRANTY DEED ~ vAL~ , C K, Inc. , a corporation duly organized and existing urr7er.the laws of the State of Idaho, grantor, does hereby Grant, Bargain, Sell and Convey unto Robert A. Giesler, an tmnarried persrn, whose address is: 2092 SE 5th Way, Meridian, ID, 83642, grantee, the fol].owirg described real Mate, to-wit: Lot 6 in Block / N of THE MERIDIAN GREETS UNIT N0. 3, aaoot~ding to the official plat thereof,-filed in Hods 63 of Plats at Pages 6402 through 6406, records of Ada County. Idaho. SUBJEILT TO ~t years taxes, i rri ga'tiQl district assessmen~ t; public utility easarents, subdivision restrictions and U.S. patent reservations. ZO HAVE AND TO fipID The said prenises, with their appur'ba'~ar~oes unto the said (grantee, his heirs and assigns forever. And the said Granbor' does here]~y covenant to and with the said Grantee, that it is the orls~er in a fee simple of said pmsnises: that they are free from all enaanbsanoes and that it will warrant and defea~d the sa~re from all lawfu]. claims r~atsoe~'. IN WITNESS WHERF70~', The (~anbor, ptusuant to a resolution of its Board of Directors has caused its oozporate name to be heieunbo ~~~'^'{~ by its Presidert this 14th day of April, 1994. ~ ~{ ~ ~ `f ~~ "f 1 FIRST AMERICAN TITLE CO.~ c x, Inc. .. , f 4 U ~ s ~: ~ cs~arles N. rwl er '9`{ f~~+ 1'i .0 23 ,yr r~~ . STATE OF ILIAi~ HE u~~~ ..., ~ '~ ;T Gr ss COIA~PY ~' Ada ) On This 14th day of Apr'i.l, in the year 1994, before me, a Notary Public in and for said State, personally appeared Charles N._ Fuller, )a~avn °r'identified ~ me to be the President of C K, Inc., the Corporation that ewecuted the instrument ar the person uho eaoecuted the instrw~t on behalf of said Corporation, and ada~owledged to ms that such Corporatiar- executed the same. ~ c. Public for Idaho ReSiAim at HOise, Idaho Crnmissian Expires: 7-25-99 First American Title Company o f Idaho -~- • Control Committee as to quality workmanship and rnateriais, harmony 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 be erected, placed or altered on any lot nearer to any street than the minimum building setback line unless similarly approved. No building shall be considered without plans showing possible effects on view, parking, loading, unloading, trash storage and removal. Approval shall be as provided in Article III Section 2. •T 1 - The approval of the Architectural Control Committee of any plans or specifications submitted for approval, as herein specified, shall not be deemed to be a waiver by the Architectural Control' Committee 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 construed as in any manner modifying, altering or waiving any of the conditions or restrictions set forth herein as to location or otherwise. ~EC_TION ]~,~ If after such plans and specifications have approved, the building, altering or maintaining of a fence or other structures, otherwise than approveu by the Architectural Control Committee, such alterations, erections, and maintenance shall be deemed to have been undertaken without the approval of the Architectural Control Committee 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, October 16, 1995, for the purpose of reviewing and considering the Application of Robert Giesler for a variance from the Meridian Fence Ordinance at the property legally described as follows: Lot 6. Block 14 Meridian Greens Subdivision and known by the address 2092 S.E. 5th Wav_ Meridian. Idaho 83642. The Applicant proposed to reduce the required distance from 20 feet to 10 feet on E Martinque, the north side of the property 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 28th day of September , 1995. WILLIAM G. BERG, JR., CI Y CLERK 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 ~s ec ion - - s a no a rea a as a var ante ursuan o e rov s ons o - _ or _ _ o e ev se an om ~ 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 ecia proce ure or var antes rom ~s ence or Hance nicn snail 6e as to ows: a. The owner or applicant shall file an application for a fence variance with the Cit Clerk which app cat 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 suo~ect property; --- 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 propose~~ence; 9. List of the mailin addresses of all pro~ert owners rom au en is ax recor s of Ada count wit n eet o t e ex erns oun arses o e an e n cons erect; 10. Minimum re uirements of this ordinance that nee o e re uce o perms a propose fence; 11. An a lication fee established by resolution o e ounci b. U ~f ' on recei t of the fence variance a 1 ication i e zon n a m p s hat ra or s a se a earn an see no ce s may a irs c ass ma to a owners o ro ert w th n eet o e ra us o he su ect ro ert which hear n sha a he not sooner an a s a er a ma n o a re u~re no ice an no more an a s a er may n o e requ re no ce. a no ce o ear~ng oes not nee to b~ N ub~~anea ~n z ne o~~ c a newspaper. c. The hearin established b this subsection shall be` con uc e e ence variance comma ee w ~c comm. ee s a a comer se o e n sneer e er an o ce a one ounc em er an one ann n an on n em er. uorum o say comma tee s a e a minimum o ree mem ers o t o commi ee. d. U on hearin the re uest for-the fence variance Tie Comm ee s a eat er a rove or en or a rove wit con t ons a ap Ica on or ence var ante; at no wr en in in s o act s a e re u~re ut a wr ten ec s on s a a wr tten o e a an to any par q cant y re ues na wry ten not> >ca on o the dec~s en a 9 ear, •~. •rc a~ X11 . e. APPEAL. An a rieved art ma a eal the decision o e commi tee rect o t e t ounce ursuan o ec ion _ *' ALL FENCES FACING GOLF~COURSE MAST HAVE A1GATE ' Fence Regulation INSIDE LOT CCProperty Line V ~ _ ~.. [ CITY OF MERIDIAN 33~~ Idaho '6' Solid or Open~Fence Behind Set Back Property Line i ~,, ® , 3' Solid Fence or 4' Open Chain Link Type fence In Front of Setback Fence Regulation CORNEA LOT party Line 20' Setback ~-,. ~~ ~ .\ ®~ 20' Setback 3' Wood or So11d Fence or 4' Open Fence 30' ~ -~O Site Triangle 3' Chain Link - \ \ or Open Fence Property line-~ ~` /~ /~ eta Stiff ~~a~a Open Access *+ to Water Meters and Fire Hydrant **(4'X4' ground area) S' Wood, Solid or Open Fence ' Wood or Solid Fence or 4' Open Fence Stte`ti~ -°~'~° ~~ /f?~~ ~ v w rn~ ~? r~~. -~~ ~~`~ ~~ fsS l /yl eex- ~.z~k./ a~y~ ~ ~~ .s~-~~ , , a ~~ ~ sue' s~'~ ~o~ ,~ ~~~~-~ S7~t ~^' ~ ~ ~ ~ ~ /