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Week, Norman ~, .. CITY OF MERIDIAN 33 E. IDAHO MERIDIAN, ID 83E42 FENCE VARIANCE APPLICATION (RE: Meridian Zoning Ordinance) APPLICANT NAME : ~;~c t~l`^_ i~ ~,~~, PHONE ~Jv ADDRESS: 045]8 ~k'c~ln ~u,ce1~. ~~e~-e OWNERS NAME & ADDRESS:(If different than above) PROOF OF OWNERSHIP: (COPY OF DEID OR OPTION MUST BE ATTAC~~D) LEGAL DESCRIPTION OF PROPERTY: LOT#~BLK # SUBDIVISION ~~1~he ca ~~ ~ ~~ PRESENT USE & ZONING OF PROPERTY SCF~IATIC DRAWIl~TG : ATTACH DRAWING SHOWING BUILDINGS , STREEEr!'S & PROPOSID FENCE SURROUNDING PROPERTY OWNERS: LIST OF THE MAILING ADDRESSES OF ALL PROPERTY OWNERS (FROM AUTf~N'rIC TAX RECORDS OF ADA COUNTY) WITHIN TWO HUNDRED (200) FEET OF THE F~TERNAL BOUNDRIES OF THE LAND BEING CONSIDERID: DESCRIPTION OF REQUIREN~NTS OF THE ORDINANCE THAT NEID 'PO 8E REDUCID TD PERMIT THE PROPOSED FENCE : _ A I I o W ~e.r. ce. 1 i re ~a b c. 8' f c o m Si rl ~w-a 1 k 13 ~,~ ~f~ ATTACH APPLICATION FEE OF $ SO.00 ATTACH STATII~NT THAT FENCE IS ALLOWID UNDER THE RESTRICTIVE COVIIVANI'S OF THE SUBDIVISION OR A COPY OF THE RESTRICTIVE COVENANTS PERTAII~TIlVG TO FENCES: • SIC~vATURE : /GP/iG~"" APPLICANTS . ti. ~'E RECEIVED ~~. CC~JNLITTEE DARING DATE RECEIVID BY e ~° ~h~ ~~~ ~~ °~ 1 a W 2 ~~,~~_ ~~aP1~~ i SU _._.1 J 1 ~ Z r i -rl Rl i ! ~j~°x ~ ~ ~ oy~ S A ~~ ,..~1 ~~,6'tix `~'~/ I ~ ~ ~ ~ l 5 ~dewal k w~bu~ ~` ~. y i ~U~. P~~~J ~'en~~ line ~~~ Login No. 32455364 AFTER RECORDING, MAIL TO: U.S. BANCbRP MORTGAGE COMPANY 220 UNITY STREET BELLIIVGFIAM, V~1 98225 [Space Above This Une For Recording Date] DEED OF TRUST THIS DEED OF TRUST ("Security Instrument") Is made on October 26th AN UNMARRIED P SAN 19..94. _ , .The grantor is . , NORMFIN D,. WEEK, JR, , ...... . NW ("BorroweY). The trustee is , U. S . BANK OF WASHIIJGICkI, .NATIONAL ASSOCIATION ;.. , ....('Trustee"). The beneficiary is _.. _. U, S. BANCX~RP MORTGAGE, OSMPANY '. , .. ,which is organized and existing under the laws of ..the State. _of WASI IIJGIC)r1... _ ...,and whose address Is 501 S, E, , HAWIHORNE BLVD, PORTLAND, OR 97214............ ("Lender"). Borrower owes Lender the principal sum of , EIGF]TY-SIX, THOUSAND ONE HU>`IDRID & 00/100--- _... .... , . , „ . . . .. . ... . .. .. . . . . . . . .Dollars (U.S. $ 86,100.00, , , , .. ). This debt is evidenced by Borrower's note dated the same date as this Security Instrument ("Note"), which provides for monthly payments, with the full debt, if not paid earlier, due and payable on . November 1st; , 2001. _ . _ .. _ .. .. . ... . . . . .. . . .. . . . . . . This Security Instrument , secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications of the Note; (b) the payment of all other sums, with interest, advanced under paragraph 7 to protect the security of this Security Instrument; and (c) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower irrevocably grants and conveys to Trustee, in trust, with power of sale, the following described property located in ADA County, Idaho: L,OT 9 IN BIACK 5 OF FOTHERGILL POINI'E SUBDIVISION NO. 1, AC~RDING ~ THE OFFICIAL PLAT THEREOF, FILID IN BOOK 65 OF PLATS AT PAGE (S) 6639-6641, RECORDS OF ADA COUNTY, II]AHO. which has the address of „ 2578 N. EUREKA. PLACE ...... . ... . .... . . . . .. . ...... . . . MERLDTAN ... _ ........ _ ...., l~tl [c~Hl Idaho,..,.,83642,,,,,,,,,,,,,,,,,,,,_.. ("PropertyAddress'~; Irv gel TOGETHER WITH all the Improvements now or hereafter erected on the property, and atl easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing Is referred to In this Security Instrument es the "Property." BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. IDAHO -Single Femlly -Fannie Mae/Freddle Mac UNIFORM INSTRUMENT Form 3013 9190 (page 1 oI4 pages) 10-~O1~A 6193 C. BUILDING RESTRICTIONS Setback Restrictions All dwellings constructed upon said property shall conform to the setback restrictions as follows unless specifically waived in writing by the Architectural Control Committee. In 'no' case can the Architectural Control Committee grant a variance to less than the setback as defined in the Meridian Citq Ordinances unless a variance is granted by the City through approved procedure. No building shall be located on any lot nearer than twenty (20) feet to the front lot line; nearer than fifteen (15) feet to the rear lot line; cn corner -lots the side. yard shall be a minimum of twenty (20) feet on the side abutting the street. Side yards shall meet Meridian City code. Easements Easements for-the installation and maintenance of utilities and surface drainage facilities are reserved as indicated in the recorded plat. Within these easements, no structure or planting or other material 'shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities, or which may change the direction of flow of surface drainage channels in the easements. The easement area of each lot and all improvements in it shall be maintained continuously by the owner of the lot except for these improvements for which a public authority or utility company is responsible. Temporary Structures No structures of a temporary character, trailer, basement, tent, shack, garage, barn or other outbuilding shall be used on any lot at any time as a residence, either temporarily or permanently. Irrigation In accordance with the provisions of Idaho Code, Section 31-3805, the Declarants assume no responsibility for providing. water for irrigation purposes other than through the domestic system, and the purchaser acknowledges the following: a) that irrigation water deliveries have not been provided; b) that the owner of the lot must remain subject to all assessments levied by the irrigation entity; c) that the purchaser shall be responsible to pay such legal assessments; d) that the assessments are a lien on the land within the irrigation entity. Fences No fence, hedge or walls exceeding six (6) feet in height shall be erected or placed or permitted to remain on any lot. Fences shall be well constructed with subdivision architectural similarity and approval. In no event shall side yard fences project .beyond the front walls of any dwelling or garage that does not meet the City of Meridian code. Offensive Activit No noxious or offensive activity shall be carried on or upon any lot, nor shall anything be done thereon which may be or may become an an^oyance or nuisance to the neighborhood. NOTICE OF HEARING NOTICE tS 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. Julv 24, 1995, for the purpose of reviewing and considering the Application of Norman Week for a variance from the Meridian Fence Ordinance at the property legally described as follows: Lot 9. Block 5 Fothergill Point Subdivision and known by the address 2578- North Eureka Place Meridian Idaho 83642. The Applicant proposed to reduce the required distance from 20 feet to allow the fence line to be 8 feet 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 , 5th day of July , 1995. WILLIAM G. BERG, JR., LERK CITY OF MERIDIAN FENCE COMIVIITTEE Mf ETING JULY 24, 1995 AGENDA FENCE COMMITTE MEMBERS: Mr. Gary Smith, P.E., City Engineer, Chairman Mr. Max Yerrington, City Council Member/Police Commissioner Mr. Bill Gordon, Chief of Police Mr. Charlie Rountree, Planning ~ Zoning Commission Member ITEMS FOR REVIEW 4:30 P.M. -Norman Week -Request to reduce the required 20 feet to allow the fend Line to be 8 feet from the back of the sidewalk. ~~~I ~ J~~I~ ~Jr~c~~,~ ~i~~an ~~(r~~6~y ~YuQ ~OV~~UCh'o-~ ~~a~~cl ~~rris ~hn ; °~a~~ ~co4(' ~~~~ C~r~) ~k~is ~(I~~a~l I AU~6061 ZI~10 I~l- ~UrC~ ~~~ ZI~2~ ~I~rc~ ~ ZG« ~~r~~K~~ PI. ~h81 ~t~r~kc~ ~i. 2ti~o kur~ PI. 2h~rmo~ 2633 ~'^Y~"r~1u1~~ 2021 y~Yl~fuoaC~ ~,c,~~~~~~~ , ~ ~~ ~ i ll ~~ ~~ ~~ 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 rom a prov s ons o is ec ion, - - J F-EN~E3 i t shaT no a re~~ as a var ante pursuan o e prov s ons o - or - - o e ev se an om e r nances an a proce ure for suc a var ante s a no a overne fTe a orement oned two sections. here sha 1 be a s ecia proce ure or var antes rom ~s ence or Hance w ch s a a as o 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 numbe_r_ of_ ow_ners of the sudjec proper y; 4. Proof of ownership; 5. Legal description of subject property; 6. Present use of subject property; 1. Zoning of the subject property; 8. -Schematic drawin of the build in and - propose ence; 9. List of the mailin addresses of all promo erg owners rom au en ~c ax recor s ~d-a~count wit n eet o the ex erna oun arses o e an eing cons ered;• 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 ounc b. .Up on receipt of the fence variance ap plication die zon in add s ra or s a se a mi n ana see hat no ice s ma a rs c ass ma to a owners o ro ert w t n eet o e ra us o e su ect propert y, w Bch hear ng sha a he not sooner than a s a er a ma n o e re uirea no ice an no more an a s a er ma n o e requ re not ce. a noce o Baring oes not nee to ~ pu s e n e o c a newspaper. c. The hearin established b this subsection shall ~e con uc e e ence var ance comma ee w is comm. ee s a a com r 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 sai Comm tee s a e a min mum o ree mem ers o t o comma ee. d. Ti U on hearin the re uest for~the fence variance e w t Comm t ee s a Bit er a rove or en or a rove t con tons e a ica ion or ence var ance; a no wr ten n in s o act s a e re uire ut a wr en ec s on s a a wr ten o e a leant an o an y part y reques ng wri en no i Ica ion o e . .ec . s : on a < < <~e Baring e. APPEAL. An a rieved art ma a eal the ~ecis~on o e commi tee ree o t e i ounce ursuan o ec ion - - .. ~ar~an~u vn r~LL rC1Y l.t~ ° 1JDUC.1) ALL FENCES FACING GOLF COURSE MAST HAKE A GATE w Fence Regulation INSIOE LOT ~roperty Line i i Property Line ~~~ ;!i! ~ I 3' Solid Fence or 4' Open Chain Link Type Fence In Front of Setback Fence Regulation CORNEA LOT i Line ~~ 20' Setback ~,. / ~ ~ r ~ ~ ° ,~ f 20' Setback 3' Hood or Solid Fence or 4' Open Fence 0 x _ .~O . Slte Triangle 3' `Chain Link - \ \ or Open Fence CITY OF MERIDIAN 33 East Idaho aB8,4r33 76' Solid or OpenlFence Behind Set Back Property ~' line-~ ~` /~ /~' eti~ Stiff ~ L~a~e Open Access *• ~_ to Water Meters and Fire Hydrant **(4'X4' ground area) 6' Wood, Solid or Open Fence ' Wood or Solid Fend or 4' Open Fence t.<eeL~ ~S HUB 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. WOL.FKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chiet W.L. "BILL" GORDON, Pollce Chief WAYNE G. CROOKSTON, JR., Attorney 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 GRANT P. KINGSFORD Mayor July 25, 1995 Mr. Norman Week 2578 N. Eureka Place Meridian, Idaho 83642 RE: Fence Variance Request 2578 N. Eureka Place Dear Mr. Week: 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, July 24, 1995, in City Hall to consider this request. ARer due consideration, the Committee decided to allow construction of the proposed six (6) feet tall wooden fence within the side yazd setback area subject to the following: The face of the fence shall be set ten feet from the house side 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. Woodbury and N. Eureka Place. 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. Sinc rely, Gary D. Smith, PE Chairman, Fence Committee cc: File City Clerk Building Inspector