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McNeese, Tim & Ann1 .. -~ CITY OF MERIDIAN . 33 E. IDAHO MERIDIAN, ID 83642 FENCE VARIANCE APPLICATION (RE: Meridian Zoning Ordi~.zance) 33V-z;F~ ~ 4i~ APPLICANT NAME: Tim and Ann McNeese PHONE 884-0174 t'f~) ADDRESS: 1180 F. Mastiff St., Meridian, ID 83642 OWNERS NAME & ADDRESS:(If different than above) PROOF OF OWNERSHIP: (COPY OF DEED OR OPTION MUST BE ATTACHED) LEGAL DESCRIPTION OF PROPERTY: LOT# 1 ~ # ~9 PRESENT USE & ZONING OF PROPERTY SCT~'IATIC DRAWING: ATTACH DRAWING SHOWIlVG BUILDINGS, STREErTS & PROPOSID FENCE: SURROi:NDING PROPERTY OWNERS: LIST OF THE MAILING ADDRESSES OF ALL PROPER`T'Y OWNERS (FRONT ALPI~~rIC TAX RECORDS OF ADA COUN'T'Y) WI'I~T TWO HUNDRID (200) FEET OF THE GNAT BOUNDRIES OF THE LAND RFTNG CONSIDERED: ATTACHED DESCRIPTION OF REQUIRII~VTS OF 'THE ORDINANCE THAT NEID TO BE REDUCID TO PERMIT THE PROPOSED FENCE: VARTANf F 'fY'om ~n ft_ rl'~ctanro rnni~ircmon+ fvnm fon~o to street-for corner lot to allow, for fence to be built at a distance of from'12 to 16% ft as depicted in drawing, attached ATTACH APPLICATION FEE OF $ ~~.- C7~~ ATTACH STATII~IT THAT FENCE IS ALTAWID LAVDER THE RESTRICTIVE C'OVELVAD]TS OF THE SUBDIVISION OR A,COPY OF THE RESTRICTIVE COVENANTS PERTAIl~TIl~TG TO FENCES: DATE RECEIVED SUBDIVISION Sportsman Pointe Subdivision No. 3 Residential .- ~ ~ APPLICANTS SIGNATURE: ~ -I r, COMMITII~ HEARING DATE REC3~IVID BY 9(.26'J 10` O 60.00' g 7 4 00.00' p n g 6 4 60.00' ~I ' F `~ 9 R 70.00' M1~ 0 0, `~ ~ p'~ - 60.00 ~ 6000' 0 ~.~~ 0 ~'~r V 's ~ ~7~ry .. ~~ h , ~ ~ ; 6[i ue• L >d ueM wicrr ur yr [ rv Rea wicv ~ ~ ~~ t ~,~ 2 xr ve• [ ~• L[eM wicu mot r L x• rran rtT ~~ ~Qr • ~i ~ cuulAml tom - xonww xr $ ~. ~ ~yl• u 7 .(~ ~,~'• G - rao sie• aax m w~L.r R0/ncR earowlT c ~) ~ ~ tot uL h ti I pwuu usaexr r. . caurrr nonrlr aen[[ s to ec ~ e ~W m M A OII . 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A JMS Ltn[blLlnl D Lx6IGI f0 [OILl141CL 0.1111 M [INIO ~CeL 6(GII[11 SI•Seel IOl11LLIG 10 MCIIIOx wIRAA A a1L rot uts wv[ 1 r wR rtuwcm RCt annex 0.ArJ110n uo aeuurt tlsoLxl. r' ~y~A6 K 6MlLUR p 1x11 Of Owl[L ILlL1e M Kx O~nTA~Ot rrNUf6 1T IN (n(G110x/CIINr~ nlTa[I. 0. l0[ L R6GI I1 N A GdTWN M[I 10 K CA7[D n0 1ym/L[D ~ IT M x61[OMCLb 1550rn16p( ~ ~ uA wLer ero IO 1uv(1 r wa r[RxueNl [IAncxr u+(L1c Iwu.[m to Ino AO [MILLn 0.761 M xAK1 R WNx 0.LILIIIOx PSIFILI'e prMl•p-ITIT [IeR[In Ip M tA5111G bon MLL tAl[AIL MO 6K SPORTSMAN POiNTE SUBDIVISION N0. 8 A roRTlon or nlc IC v~ 6[cT1oN 1q T,JN. R.1l, 6H. q t. nv[L[nnu wnu ~ ILRDIAIi ADA COLNTY• DA110 1811 ____ _-__ -- "----------...... 6roLlsnnx taut Etc. xo. [ 1pRR) 1 hrh ~ 00 M1 nosmc nc rat oLa'L wwnonpLY1110Mpcun116room6wue<bnllLnr+p ~IhI~B 1h15 IS C] pholographit reproduclian of the u xuss Ieort M 110CSt s(ISOnu u6W wlnL nnlm( IfCCrC r for volia~ions, it any, with a Ts}sT(PVOy~ ~~• L-2 SA4L5L5'w. 1 (4 x.~5'01'LI'w. Lt.25' l-I H3]'1676'W. 20.95' GRAPHIC SCALE pCYCLOPCM rrlc wesTresK eo.. ne. ~~ noweRO ulurta P.o. DO% ~L/ oast. Deno rRR0WI1. Deno SnecT 1 or 2 666-9916 ... ..---._._.------- iMT 6nON71G - BOOKS PAGC IG-l~~ ___ _ ri140Y1i~4flMYOIi IIW1 _~ M••a,J'11.WY.W~`... .... ,.... .,. .:. _.. ,«...., ...... .-. ....: «.-.~.. w... -, ~~ ._ .. , . ,,~ O ~. r.. .:.,.w. I~ i ;j Case 41551 ~~ ~or Value Received Holt Enterprises, Inc. a corporation duly organized and existing under the laws of the State of Idaho, grantor, does hereby Grant, Bargain, Sell and Convey unto Timothy R. McNeese and Ann McNeese, Husband and Wife whose current address is 1180 East Mastiff Street Meridian, Idaho 83642 i grantee, the fi~llowing described real estate, to-wit: t ~ LOT 1, BLOCK 9 OF SPORTSMAN POINTE SUBDIVISION NO. 3, ACCORDING TO THE OFFICIAL PLAT I '~ THEREOF, FILED IN BOOK 64 OF PLATS AT PAGE 6497 AND 6498, OFFICIAL RECORDS OF ADA COUNTY, IDAHO. - 9501UU7`~ ~. ul,`~ IU ~l;,~v;tr,lto ; BOISE I!) i ND TITLE lr~. Lp i~ t AMERICAN '95 FED 17 f'~~- 'I 05 °~ FEE _.....--- ~, ._.._.. RECOKUE'u..i ic.L c;E4UE57 F ;. (~O HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee s their heirs and assigns forever. And the said Grantor doe8hereby covenant to and with the scicl Grantee s that they the owner s in fee simple of said premises; that they are free from all • +~ I! incumbrances and that he will warrant and defend the same from all lawful claims whatsoever. ~~N WITNESS Wl IEREOF, The Grantor, pursuant to a resolution of its Board of Directors has caused its curpe~rate name to be hereuntn~ suhscrihed by its.President this 17th day of February 1995 ~y Holt Enterprises, Inc. l r Holt PRESIDENT. ~+ i, g g. T n STATE OE IDAI-10 a "' ss COUNTY OF ADA } ~ ' 17t}~,. , Eabrua 95 , • • • u) ~I~'c year 19 , befime me, a Notary On this -day.uf ', lt H R ~ ! ` o . Gary ~. Public in anJ fo~s~iJ.Sr,.~c, pirstihally a~resident ~ z ;' r+~~~~ctiown to mc.urh4 the ~ Qf.ivhe•cor~~f~ti.~n~ I~ai'e~io~u~J the within instrument or ~ the perstin ~Vl>,o exl`cuted. the witlihi instrument on behalf of said corporation anJ a~cnowleJ~:J tame that such corporation ~ -... ~ ., UfSL~' executcJ the sarpe. •~ IN WITNE$~'~X11-IEREQF,'~ havt:•~hereunto set anJ anJ z :-~ affixed my official seal ~rlie;~l:ty ;~ ~d ye. in thi~~~-q/er ic• ~r z D above written. (/ i Nur,ry Public fi the State of Idaho, ResiJing at ~Q/QO ,Idaho ; Commission expires: 06 /22 / 95 ,l 14`7'70x`1315 • SECTION 5.11. I\Tu~in¢ end Drilli,~, No lal shell he rased (or We purpaae of mining, r,narrying, drilling, boring or ex plnrinq fnr or rnnoring xaler, steam, oil, gas or other hydrocarbon, minerals, rocks, stones, gravel or earth; provided Wet We Grantor or We Association may, by permit, grant, licence or eacetoenl, Blow We drs7fmg for and We extraction of water for use on We lat. SECTION 5.14. Reel amcers and Older Ve_hvto. Tra,7ers, mobile home., tracks lu'ger Ulan standard pickups, boats, lroctors, tempera, garden or maintenance equipment and vehicle other Ihaa sutomobpe, when sal in actual use, shag be kept at ap time in an enclosed structure or xreened from public view and at no time shaD any of said vehicle or equipment be pari:td or stored nn a public ar pri+ate right-of--way within Sportsmen Poiule Subdivition, No operative rdside shall he parked or elored fnr a period in excsxc of sesenty-two (72) con+ecutire hours on any portion of a Lot between the front of a bmlding end We abutting public right-of- wey. \a innperatire vehicle shall be parked or stored at any time on ^ bt voles wbo0y within ao enclosed structure. A minimum of two (1) oft street pocking spaces for autoruohile Shall he provided on each fat. SECTION 5.15. Gera¢e Doors. Garage doom shall be closed acept when open for temporary purpose. SECTION 5.16. Exterior hlateriaL~ end Colors: All exterior materials and colors shall be selected end used which arc appeased by We ACC and which are eompatibfe with other Buildings on We Lot amt oa neighboring feu to We end that all such buildings ++ill preens a unified and coordinated appearance. AD exterior fmi+he sndlor cdors shall Ise eerWlone, including sahUe blue pod gent tone+, at approved hY We ACC. Each house shell include some brick, stone stucco or other dislinctire deign features on We front exposure. No grand roofs shalt be permitted. Roofs shall be ^ minimum of S/12 pitch wild either cedar shake shingle or Architectural 15 years (ar better) dimensioml Asphalt shingles, wmWesed wood color or a, approved by We ACC. SECTION 5.17. Vehicles. The ace of all rehiclet, includirsg but snot [®iled W automobile, trucks, bicycle and motorcycle, shall be subject to ACC rules, which may prohibit or limit We ale Werfof wiWia Sportomao Pointe Subdivision, proride parking regulation and older rules regulating We same, SECTION 5.18. Exterior F~ses4s Device. M energy production derives iorlad'mg, but not limited to, generotors of any kind and solar energy derives, shay not be contracted or mainlaioed oa any Lot without the prior written approval of We ACC, acept `' for beet pumps or similar appliance shown oo We plan approved by the ACC. -^ SECTION 5.19. \tas7bore. No free-standing mailbox shall be tontructed or installed on any Lot without the prior written epprosal of We plan approved by We ACC. SECTION 510. ~igo~.. No commercial bsllboerd or advertising shall De ditplayed to We public slew o0 or from any Lot. Ox•ners may advertise a dwelling unit and Lot for real or for sale by displaying ¢ single, oral, reawoabk sized vacancy sign or 'For Sale- sign Wermn. Srgns advertiting We name of We budder and We came of the inttiivtioo providing financing Werefor may be di+plel•ed oa a Lot during conrirvctioo of We improremmts. Lighted, moring or flashing signs for ao Directional si Y tairpose are prohibited. Pn may be aced to give direction to troffa: or pedestrian or give spe~dal ]ntr+sction. Any directional or idmtifiretion sign is Sportsmen Pointe Subdisition shall be permitted, prorided We same it approved by We ACC prior to intallatioo. SECTION 5.21 diri ' No tot may be further aubdirided, nor may soy easement or other interest Weran lees Usaa We whole be conveyed 6y We Owner Wereof wilhoot We prior written consent of We ACC; prorided, however, that nothing Wereia shall be deemed to prermt on owner from lranferring or sp~irrg .ray kt to nose Wan one -eram to beheld by Wem joiaUy. to addition, We cooveyenee of en insignificant portion(s) of a Lot to We Owner of the Lot which abub said conveyed portion for We purpose of correttioa a common boundary or other simrLr purpose, shop not be deemed to be a snbdiritGag of a Lot wiWin the prohibition contained herein, SECTION 5.22 Fence. No fence or wap of soy kind ahap be conttrnctod on ^ Lat sisdett We Werefor, includi We location, d Plan and speofication rag esigo, material and color Wereof, have berm approved k writing by We ACC prior to the contraction or inctapation. Ap fenve and/or waW eoariructed ao ^ Lot ahap 6e in compliance with We apptieabk or'dimnve of the City of Meridian, Idaho. AD fence cad wa1Lt shay be subjtct to the following resttricliosu (a) No fence or wap shay be permitted to be eon+trucled or iastaDed on any portion of a berm contracted by We Grantor in Sportsman Pointe Subdirisioa (b) Fences and want shay not extend closer to say atreel than twenty feet (20~ nor project beyond We setback of We printipal pso7ding oa We Lot. No fence higher than she feet (ti') shop be allowed without We prior approval of the City of Merdia~ (J re~eired) sod the :ACC. (c) All fences and wsps shall be eontrucled and installed and maintained m good appearance and condition d We expene of We Owner of We Lot oo which Wey are looted and ap damaged fencing and walls shag be repaired or replaced k original deign, materials and color wiUsin a reatoaable time tsfler said damage avers. (dl No fence or wsp shay interfere with the rase and enjoyment of any easement srserved )o thin Master Declaration or shown ou We recorded subdivision pkt of We properly. (e) No fence. wap, hedge, high planting. obstnctios ar barrier ahap be allowed whirls would unrenovahy interfere wild We ate and enjoymem of neighboring Lots and atrecls, and shag not be allowed if the name mntitule as mdesirable, oo:ioat or naisaoce effort upon neghboring Lots. SECTION 5.23. Laadccadn¢, The following prorision shay gorero the landstypirig of Lots within Sportsmen Pointe Subdivision: . (al The Owner shop prepare a landscape plan and sha0 submit We same to We ACC n prorided in Article XI, blow. The ACC shop approve said landscape pion prior to We iacfapatios and/or eontruetion of laadseapieg oo a Lot. Landtnping of a lot shop be is aeeordasice wild the approved pica. Ap rerluired Imdscapiog oa a Lol shay be installed within thirty (30) daps aRer subsuntial - nave -5 ~~ v } .- ..,~'~. ~ ~~ c '~ „~. ~~ ~ ~ ~~ !~ _~ _~~ {. ;- -i:. `-~ ,~.. ~{ ~~ 1 u 4jt°O ~~~,,. ~- ~~ a ~` ~. r. ~~. \?- /~ (,~ ~,- ~' Q~ J~~~ ~~ ~~ `~,' 5 ~ °'~- ~ ~ ~'~~ -('a-7 ce J s~, ~. ~/1 ~_~~~~~/-C'P J-~_. ~'~ G ~ + 1 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, fdaho, at the hour of 4:30 o'clock P M., on Mondax, October 16, 1995, for the purpose of reviewing and considering the Application of Tim and Ann McNeese for a variance from the Meridian Fence Ordinance at the property legally described as follows: Lot 1 Block 9 5,,..portsman Point Subdiivision No. 3 and known by the address 1180 Mastiff St.. Meridian, Idaho 83642. The Applicant proposed to reduce the required distance from 20 feet to be built a distance from 12 feet to 16 5 feet from the back of sidewalk along Retriever Way.. 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., I CLERK SURROUNDING PROPERTY OWNERS Parcel S- 1119141905 Gem Park II Partnership P. O. Box 344 Meridian, ID 83680 5-1119139250 Gem Park II Partnership P. O, Box 344 Meridian, ID 83680 Block 27 Robert Gushwa 19632 Upper Pleasanton Caldwell, ID 83605 28 Gem Park II Partnership P. O. Box 344 Meridian, ID 83680 29 Brent R. and Pamela K. Lindsay 1216 E. Mastiff St. Meridian, ID 83642 30 Jerry W. and Vicky L. Centers 1934 S. Retriever Way Meridian, ID 83642 31 John W. and Dee J. Montgomery 1900 S. Retriever Way Meridian, ID 83642 32 Harold B. and Cheryl Curtis 1872 S. Retriever Way Meridian, ID 83642 Block 7 26 Holt Enterprises P. O. Box 861 Meridian, ID 83642 27 Donald and Willa Dean ®'Hogan 1108 E. Puffin Meridian, ID 83642 28 Brian G. Groe 1076 E. Puffin St. Meridian, ID 83642 29 Larry and Vicki Hobbs 10304 Wlunsdale Court Boise, ID 83704 30 Charles S. and Johanna C. Martes 1012 E. Puffin Meridian, ID 83642 Block 9 2 Wm. F. and Beth L. Markland 1132 E. Mastiff Meridian, ID 83642 3 Michael Raymond Pluto 1106 E. Mastiff Meridian, ID 83642 4 Jack A. and Cheryl A. Young 1984 E. Weimaraner Dr. Meridian, ID 83642 5 Michael J. and Sandra M. Fisher 1956 E. Weimaraner Dr. Meridian, ID 83642 6 Paul D. and Kelly A. Shirley 1922 E. Weimaraner Dr. Meridian, ID 83642 7 Stetson Homes, Inc. 595 E. State St., Suite B Eagle, ID 83616 8 Richard W. and Tamela Elliott 1157 E. Puffin Meridian, ID 83642 Block 10 1 Daniel M. Sola 2064 S, VVeimazaner Dr. Meridian, ID 83642 2 Gregory D. and Shannon S. Sexton 1149 E. Mastiff Meridian, ID 83642 3 Richazd and Jill Moore 1175 E. Mastiff Meridian, ID 83642 4 Dan and Denise Johnston 1193 E. Mastiff Meridian, ID 83642 5 Aspen Homes, Inc. P. O. Box 344 Meridian, ID 83642 6 Aspen Homes, Inc, P. O. Box 344 Meridian, ~ 83642 7 Tom Reimbolt Designer Bldr., Inc. 1618 E. Brunswick Eagle, ID 83616 Michael H. and Mazlene I,. Nelson 1235 E. Mastiff Meridian, ID 83642 ~tECEI~Ji~~ Fence Variance Committee OCT ~ 6 ~a~ City of Meridian ~:j~•Y ~F ~~h~utr~. Meridian City Hall 33 East Idaho Street Meridian, Id 83642 Dear Fence Variance Committee: I am writing this letter in regards to a public hearing being held at 4:30 PM on Monday, October 16, 1995, for the purpose of reviewing and considering the Application of Tim and Ann McNeese for a variance from the Meridian Fence Ordinance at the property legally described as follows: Lot 1, Block 9 Sportsman Point Subdivision No. 3 and known by the address 1180 E. Mastiff St., Meridian, Idaho 83642. This letter is being furnished due to my not being able to attend the hearing on 10/16/95 (attempts are being made to adjust my work schedule so I can attend). As a neighbor of the McNeese's (1157 E. Puffin), the construction of the fence concerns me. It is obvious that Ordinances, in this case for fences, are developed and approved for several reasons; one of them being safety. With our house being located on a corner lot as well, we are now aware of special restrictions (both city ordinances and subdivision covenants, codes, and restrictions (CC&R's) that apply for construction of fences. The proposed fence that the McNeese's have started to build will run along the property line between our lot and the McNeese's. We do not want to violate any said ordinances if this fence lies on our property. It is our position that we must support the ordinances that were developed for corner lots. The distance of twenty feet was developed most likely for safety purposes. With a bus stop for an elementary school located across the street from the McNeese's, there are undoubtedly several children in the area both in the morning and afternoon. It is imperative that drivers have an unobstructed view of children walking to and from this bus stop. We are concerned with other potential violations in the neighborhood that are obviously leading homeowners to believe that if someone else "gets away with it, why can't I?" For example, fences extending to the sidewalk violate minimum distances required from a fire hydrant (four feet). This concerns me greatly if there is a fire in my area and the fire department cannot access a hyd~ant_prop~r.ly._ }homeowners frequently violate city ordinances by leaving vehicles at the curb (on the street) for weeks and months without ever moving them. Homeowners are storing recreational vehicles on their property (both in front and backyards) that are in clear violation of city ordinances and CC&R's. In summary, we are supportive of the Ordinances that were developed for fences for the City of Meridian. Any construction on our property (and hopefully adjacent properties in our subdivision) will follow codes, ordinances, CC&R's, etc. to ensure the safety of the community. ~ ,~ Sincerely, GC/ Richard and Tamela Rieber 1157 E. Puffin St., Meridian, Id 83642 WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., Cily 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, Polk:e Chiet WAYNE G. CROOKSTON, JR., Attorney October 17, 1995 Tim & Ann McNeese 1.180 E. Mastiff St. Meridian, Idaho 83642 RE: Fence Variance Request 1180 E. Mastiff St. Dear Mr. & Mrs McNeese: GRANT P. KINGSFORD Mayor COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW P & OMMI ION 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 4:30 P.M., October 16, 1995, in City Hall to consider this request. After due consideration, the Committee decided to allow construction of the proposed 6 foot tall wooden fence within the S. Retriever Way side street setback area subject to the following: The face of the fence shall be set 12 feet from back of sidewalk at its southerly end and 16 feet - 5 inches from back of sidewalk at its northerly end. 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. Retriever 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. 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 HUB OF TREASURE VALLEY A Good Place to Live CITY ®F 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 cc: File City Clerk Building Inspector