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Nielson, MarkWILLIAM 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 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 Works/Building Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 GRANT R KINGSFORD Mayor August 21, 1995 Mr. Mark Nielson 1991 N. Sparkling Place Meridian, Ida. 83642 RE: Fence Variance Request 1911 N. Sparkling Pl. Dear Mark: 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 4:30 P.M, August 21, 1995, in City Hall to consider this request. After due consideration, the Committee decided to allow placement of the proposed six (6) foot tall wooden fence within the side street set back area of Waterfall Drive subject to: 1. The face of the fence shall be set in line with the fence to the west of your property. 2. The east corner of the fence near your house shall be angled at 45' from a point 10 feet south and 10 feet west from that corner. The board side of the fence shall face Waterfall Drive. 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. 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 D. Smith, P.E. Chairman, Fence Committee cc: File City Clerk Building Inspector CITY OF MERIDIAN 33 E. IDAHO MERIDIAN, ID 83642 FENCE VARIANCE APPLICATION (RE: Meridian Zoning ordinance) APPLICANT NAME: A:" l)le- :SQK PHONE %44 ADDRESS: OWNERS NAME & ADDRESS:(If different than above) PROOF OF OWNERSHIP:(COPY OF DEED OR OPTION MUST BE ATTACHED) LEGAL DESCRIPTION OF PROPERTY: LOT# 3?- Biz # i SUBDIVISION PRESENT USE &ZONING OF PROPERTY SCHEMATIC DRAWING: ATTACH DRAWING SHOWING BUILDINGS, STREETS & PROPOSED FENCE: SURROUNDING PROPERTY OWNERS: LIST OF THE MAILING ADDRESSES OF ALL PROPERTY OWNERS (FROM AUTHENTIC TAX RECORDS OF ADA COUNTY) WITHIN TWO HUNDRED (200) FEET OF THE EXTERNAL BOUNDRIES OF THE LAND BEING CONSIDERED: DESCRIPTION OF REQUIREMENTS OF THE ORDINANCE THAT NEED TO BE REDUCED TO PERMIT THE PROPOSED FENCE:_ 1=th%� F�7-��^-'/»•�►��`I v� ��`���? I -O -r ATTACH APPLICATION FEE OF $ 5O • a ATTACH STATEMENT THAT FENCE IS ALLOWED UNDER THE RESTRICTIVE COVENANTS OF THE SUBDIVISION OR A.COPY OF THE RES'T'RICTIVE COVENANTS PERTAINING TD FENCES' APPLICANTS SIlNATURF: DATE RECEIVED COMMITTEE HEARING DATE —x — l�j (v ri71 a� i ss'�'' '�vd N 0 N ' � ----'- __.- ...- ---•- -- -�-- ----- .. Xe Lot shall bir.gve r. r t• 2.1 lett U11 fuildine TY^e• :'�• except for resident al purposes, and as Let of the Coeuolr_ .... - •Area •hall . b• used for .the conduct Of any feeds Of bwtnue " or professional activity. Notwithstanding the forsgoinq, the board may, in its discretion and upon request by an Owner, f _ th allow an Owner to conduct a 'garage sale' uYAR such Owner's Lot. No improvements shall be erected, altered. placed or iermitted to remain on any Lot other than one designed to ng accommodate no ■ore than Ona (1) single-family residential o° dwelling. 2.1 .1 a," ",attations, split level and two (2) story Units snail have not less than 1400 square test of nu,• •mm�nrT.rnM nnf T.asaTMN � ;�� , j R. !1' . f .� .i! -tyres L -.M -. _.• ;•-.; • :- :c tiw rte: 7.31E ran a t Outing the course of'aetual v" construction of any permanent .improve mants , the restridticns- Lr ! contained in this Declaration and any supplemental yr declarations shall be deemed waived to the extent necessary ' to permit such construction, provided that during the course .L of such construction nothing shall be done which will result y in a violation of these restrictions- upon completion of construction and all construction shall be diligsntly prosecuted to completion, continuously and without delays. �.... 2.22 lie-Con�tr�iO•ion`::-`In:Any;Oase whet• 1t i■ necessary to reconstruct a. Unit. or any. improvement in the i4 Canaan Area, said re -construction shall be prosecuted diligently, continuously and without delays from time Of r cammenoing thereof until such structure is lolly aompleced and painted, useless prevented by causes beyond control and only for such time that such causes continue - 2.23 HA1Amanes U•Iltaeir. In the event the gat improvements an any Lot shall suffer damage or destruction of hall undertake the repair, tram oration and reconstruction then t (90) days of such damage or destruction. 2.24 rinces. All fences shall be of vertical cedar design and construction. No chain-link fences. grape stake fences or fences of basket -weave design shall be allowed. Side fences on corner lots say extend only tram the rear Lot line to rear line of the residence. age A by2.25 Plse Conditions. All covenants, conditions and raser2etlons and other matters set forth on all Plats are - reby incorporated by reference and notice is hereby given nor e t 2.26 front Balt Sime Lot = ad and the aide yard of any Loc which is adjacent to a street 3 tedmust be planted with sod within txenty-one (211 days of substantial completion, or occupancy. whichever shall first occur, or as soon thereafter as the weather perai[s. All revoninq portions of the yard area of each Lot must be ' planted with sod, seeded and/or landscaped, within six (6) months of occupancy of the Unit. The failure of the Owner to timely comply with this paragraph shall constitute a failure a Is to perform exterior maintenance and the Association and/or ` the Grantor shall have all rights and remedies provided in s Section 2.2. or any other provision of this Declaration. m ss :th 2.27 NA DusOinaw No excavation material. grass or yard c I clippings, rubbish, trash. garbage. refuse or debris shall be e orvacant or unimproved Lot. placed or allowed to casein on any without the prior written Approval of the Declarant or the Architectural Committee. The Owner of any Lot who dumps such material shall be liable for the cleanup end/or removal Costs. f such =t�. p •.; _ ``s'a i:. - .. �-oda`-�� F t it ONE SUBDIVISION OCCLARATION - S 4.5.2.4 M•ce &DQ Utilities. Acquire. provide angor pay for water. sever. garbage disposalt refuse and rubbish collection. _ electrical. telephone and gas and other necessary D owned t services for the Common Area and the property %e. or unaged by it. L 4.5.2.5 Tr§urance. Obtain from reputable �y . ._ insurance companies authorised to do business in the_.i,,. the State of Idaho and maintain in effect the ;f;:_ following policies of Insurance...•_ .._...._.. .._-- - r The Grantees herein have read and approved the following: Title File No.: B95-32010 CORPORATE WARRANTY DEED R VALUE RECEIVED, JAYO CONSTRUCTION, INC., an Idaho Corporation a corporation organized and existing under the laws of the State of Idaho, with its principal office at Boise, Idaho of County of Ada , State of Idaho, GRANTOR(s), does(do) hereby GRANT, BARGAIN, SELL and CONVEY unto MARK A. NIELSON, an unmarried man GRANTEES(s), whose current address is: 1991 North Sparkling Place Meridian, ID. 83642 the following described real property in Ada County, State of Idaho, more particularly described as follows, to wit: Lot 32 in Block 1 of ONE SUBDIVISION NO. 4, according to the official plat thereof, filed in Book 62 of Plats at Pages 6261 and 6262, records of Ada 13 5 0 2 0 i 7 8 County, Idaho. F f i4�,GOR(1ER Vi" R R BOISE ' ISE TITLE & txSCpfow '95 MR 28 FEE_ - - RECOftG"; ,<- Jt -ST OF TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee(s), and Grantee(s) heirs and assigns forever. And the said Grantor(s) does(do) hereby covenant to and with the said Grantee(s), that Grantor(s) is/are the owner(s) in fee simple of said premises; that said premises are free from all encumbrances, EXCEPT those to which this conveyance is expressly made subject and those made, suffered or done by the Grantee(s); and subject to reservations, restrictions, dedications, easements, rights of way and agreements,(if any) of record, and general taxes and assessments, (including irrigation and utility assessments, if any) for the current year, which are not yet due and payable, and that Grantor(s) will warrant and defend the same from all lawful claims whatsoever. The officers who sign this deed hereby certify that this deed and the transfer represented thereby was duly authorized under a resolution duly adopted by the board of directors of the Grantor at a lawful meeting duly held and attended by a quorum. In witness whereof, the Grantor has caused its corporate name to be hereunto affixed by its duly authorized officers this 24th day of March , in the year of 1995. STATE OF Idaho , County of Ada '33. On this 24th day of March in the year of 1995, before me, the undersigned, a Notary Public in and for said State, personally appeared Douglas Jayo known ori I ie*" be the President ••.•• .tiha�gat that executed the inso or t �r440 execucuted on beof of said c6r15rpti9iD'� ackn11ed to megt0atAyc My commission expires: S" Attest: Secretary Boise Title & Escrow, Inc. op 40 op est Nom► qO. L I CM4NL � t - -)( Y. — — W.L� VvA—lrt---e-FAU-- 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 4:30 o'clock P M., on Monday, August 21, 1995, for the purpose of reviewing and considering the. Application of Mark Nielson for a variance from the Meridian Fence Ordinance at the property legally described as follows: Lot 32, Block 1 One Subdivision No. 4 and known by the address 1991 N. Sparkling, Meridian, Idaho 83642. The Applicant proposed to reduce the required distance from 20 feet to 0 fleet from the back of the sidewalk. 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 31 st day of July , 1995. WILLIAM G. BERG, JR., I CLERK