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Shaw, Richard & KarenWILLIAM 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 L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" CORDON, Police Chlef WAYNE G. CROOKSTON, JR., Attorney April 30, 1996 Richard & Karen Shaw 1001 N. W 9th Ave. Meridian, Ida. 83642 • • S " HUB OF TREASURE VALLEY .BER rOUNGIL ME6 A Good P1aCC t0 Llve WALT W. MORROW, President RONALD R. TOLSMA CITY OF MERIDIAN BEN SEE NN R C . GLE 33 EAST IDAHO MERIDIAN, IDAHO 83642 P & Z COMMISSION Phone (208) 888-4433 • FAX (208) 887-4813 JIM JOHNSON, Chairman Public Wori~sBuilding Department (208) 887-2211 TIM HEPPER Motor Vehicle/Drivecs License (208) 888-4443 JIM SHEARER GREG OSLUND ROBERT D. CORRIE MALCOLM MACCOY Mayor RE: Fence Variance Request 1001 N.W. 9th Ave. Dear Mr. & Mrs. Shaw: The Fence Variance Committee of the City of Meridian met in your presence on April 29, 1996, in City Hall to consider this request. After due consideration, the Committee decided to allow placement of a 6 foot tall wood fence within the side street setback area subject to the following conditions: 1. The face of the fence shall be set 10 feet from the back edge of sidewalk. 2. The area between the fence and sidewalk shall be landscaped and maintained by you. Any shrubbery plantings shall be low growing with a maximum height of 3 feet. 3 . The board side of the fence shall face State Ave. 4. The City of Meridian has no jurisdiction in the enforcement of the provisions of your subdivisions Protective Covenarns. 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. Sincer , 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 : Richard ra & Karen L Shaw PHONE 8 8 4 - 5 510 ADDRESS: 1001 NSW,., 9th Ave Meridian Idaho 83642 OWNERS NAME & ADDRESS:(If different than above) PROOF OF OWNERSHIP: (COPY OF DEID OR OPTION MUST BE ATTACHID) LEGAL DESCRIPTION OF PROPERTY: LC7r# 1 $TK # 1 SUBDIVISION CANNA LILY ESTATES SUBDIVIS~N PRESENT USE & ZONING OF PROPERTY Private SC~~'IATIC DRAWIl~IG : ATTACH DRA4IIl~IG SHOWIrIG BUILDINGS , STREETS & PROPOSID FENCE SURROUNDING PROPER'T'Y OWNERS: LIST OF THE MAILING ADDRESSES OF ALL PROPERTY OWNERS (FROM AUTF~N'rIC TAX RECORDS OF ADA COUN'T'Y) WITHIN 'TWO HUNDRED (200) FEET OF THE EX'1'ERDTAL BOUNDRIES OF THE LAND BEING CONSIDERID: DESCRIPTION OF REQUIREMIIVTS OF THE ORDINANCE THAT NEED TO BE REDUCED TO PERMIT THE PR(JPOSID FENCE: Corner Lot ~' fPnC`P at.T_~ rt~~ iit~e on the road side. Wo~s~.d ~I.~ke`to ~piaee a~:- 6' _~_~enee:~on the north' side property line as this will not block the view of traveling traffic. ATTACH APPLICATION FEE OF $ ~ 4 - OO ATTACH STATII~IENT THAT FENCE IS ALL~OWID UNDER THE RESTRICTIVE COVENANTS OF THE SUBDIVISION OR A COPY OF THE RESTRICTIVE COVENANTS PERTAINING TO;FENCES: f I APPLICANTS SIGNATURE: DATE RECEIVED CONINLZTTEE HEARING DATE RECEIVID BY • 'a S~i~i~-1 3 a~ l 1 ~ ~ x. ~~~ y ~ x ~i n~ ~(1Ge. ~~ ~~ C ~~~ -~ Q~%~~. i ~~ a ~~ 4`.° j.3 3 Q~ ~ :~ i~ ~ ~: ds`" n~` ~;~ A ~ ~ "~ ( •~G -, d~ w I i . ~, C~~h ~.~ I~ ~ N ~ G+~~ ~v~ ~~fi ~1 i ---}- :.. ~. ~ ~ ~ l • ~i~iz m h~ 5 5 ~ ~ ~- ~ ~ _. ~- ~ ~ ~ ~~ ~ c~ ~- © ~1 ~~ ?~ 0 Q Q shams j bo I N c~ q~-~, 'Me ri d ~ ~ Canna ~~ I~ ~s~a-~ 1,,~ . S~a~e, S-I- • r Canna Lily Estates Architectural Committee 9504 W. Fairview Ave. • Boise, Idaho 83704 • (208) 375-7800 • (208) 375-7976 fax March 22, 1996 Rich & Karen Shaw 1001 NW 9th Ave Meridian, Idaho 83642 Re: Fence Dear Mr. & Mrs. Shaw: The plan submitted for your fence located at 1001 NW 9th Ave is approved by the Architectural committee of Canna Lily Estates Subdivision Sincere yo , Floyd Madsen (208) 887-0010 9.5071035 / 1.4 ~' I ~r ~ ..... ", C.riU~UE~ THIS FORM FURNISHED COURTESY OF: ,j, (j r:,'rr L' Ci `.'r` r, F; ~ V BOISE .J STEWART TITLE STEWART TITLE '95 SEP 28 P(~l ~ 37 READ & APPROVED BY GRANTEE(S). ; "--~ .. ~ R E C O R D i_ J :'.1 i r. E H~ ii E: S T 0 F SPACE ABOVE THIS LINE FOR RECORDING DATA {0010} Order No.: 95053072 EBN/SBN WAP;RANTY DEED FOR VALUE RECEIVED FLOYD G. MADSEN AND VICTORIA D. MADSEN, HUSBAND AND WIFE GRANTOR(S), does(do) hereby GRANT, BARGAIN, SELL and CONVEY unto RICHARD W. SHAW and KAREN L. SHAW, HUSBAND AND WIFE GRANTEE(S), whose current address is: 1001 N.W. 9TH AVE. , MERIDIAN, IDAHO 83642 the following described real property in ADA County, State of Idaho, more particularly described as follows, to wit: Lot 1 in Block 1 of CANNA LILY ESTATES SUBDIVISION, according to the Official Plat thereof, filed in Book 70 of Plats at Page(s) 7137 - 7138, records of Ada County, Idaho. 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 warrrant and defend the same from all lawful claims whatsoever. Dated: Sep ember 26, 1995 FLOYD G. MADSEN VICTORIA D. MADSEN STATE OF IDAHO ) COUNTY OF ADA ) On this 28th day of September , in the year of 19:95 ,before me, the undersigned, a Notary Public in and for said State, personally appeared FLOYD G. .MADSEN AND VICTORIA D. MADSEN, HUSBAND AND WIFE a ~~~dBiQC '!;JE,y~ ~3 ~~'f, ~ :' ®aQ9 known or identified to me to be the perso~~`s~~`iv~~,osa~~pis/are subscribed to the within ' ment, and acknowledged to me that he/she/they execl~~i"the'same... •° ,`;~''~, ~, to 4: (' ~~ r:; ~ Signat~r S,:i `~ Nam STEPHANIE BUSE i ~`:' .i,> (type or print) `:F• ,. °~'ti;; Residing at: BOISE, IDAHO .,;~ . _ My Commission Expires: 0 8 / 31 / 9 6 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 4:15 o'clock P M., on Monday. April 29. 1996, for the purpose of reviewing and considering the Application of Richard & Karen Shaw for a variance from the Meridian Fence Ordinance at the property legally described as follows: Lot 1, Block 1 Canna Lily Estates Subdivision and known by the address 1001 N.W. 9th Ave, Meridian, Idaho 83642. The Applicant proposed to reduce the required distance from 20 feet to 0 feet on the. north side property line. 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 1 th day of ril , 1996. WILLIAM G. BERG, JR., I CLERK FENCE VARIANCE APPLICATION APPLICANTS: Richard & Karen Shaw 1001 N.W. 9th Ave Meridian, Idaho 83642 (208)884-5510 SURROUNDING PROPERTY OWNERS: CANNA LILY ESTATES: Lot. 2 Lot 3 Lot 4 Lot 1 Lot 2 Lot 5 Lot 6 Lot 7 Lot 8 CLARINDA FAIR: Lot 7 Lot 7 Lot 8 Lot 9 Lot 10 Block 1 Block 1 Block 1 Block 2 Block 2 Block 2 Block 2 Block 2 Block 2 Block 2 Block 3 Block 3 Block 3 Block 3 Floyd & Victoria Madsen 98g W. Pine Meridian, Idaho 83642`"~ Floyd & Victoria .Madsen qq l~e8i~ian;nldaho 83642 Floyd & Victoria Madsen 988 W. Pine Meridian, Idaho 83642 Floyd & Victoria Madsen ggg W. Pine Meridian, Idaho .83642 Floyd & Victoria Madsen/ 988- W. Pine Meridian, Idaho 83642 Opal Coulson 1010 B.W. 9th Ave. Meridian, Idaho 83642 Floyd & Victoria Madsen 988 W. Pine v Meridian, Idaho 83642 Floyd & Victoria Madse ggg W. Pine Meridian, Idaho 83642 Floyd & Victoria MadsenV ggg W. Pine Meridian, Idaho 83642 Demar & Sharon Burnett 41010 W. State St. Meridian, Idaho 83642 David L. & Kathi L. Manning 970 White Lily Ave. Meridian, Idaho 83642 James S. & Marilyn J. Skinne 990 White Lily Ave. Meridian, Idaho 83642 Glenn W. & Pauline L PetersC 1020 Wh~~~~~e Lily Ave. Meridian, Idaho 83642 Brad Lee & Nancy Ann Bloomed' 1048 White Lily Ave. Meridian, Idaho 83642 ~"' t~I.i r ~.~Cc:S PACIY~tG GLiY.r' CGI3RSE MAST HAVE A GATE Fencegulation I OE LOT ~roperty e i i Property L1ne ..~..~ I ~ ';iial 3' Solid Fence i ~~ 20' Setb~ k/ or 4' Open Chain Link Type Fence in Front of Setback i, ,. Fence Regulation CORNER LOT Line zo ~ setback 3' Yood or Soiid Fence or 4' Open Fence ~ 30' ~ 1'O Site Triangle 3' Chain Link - or Open fence ~` ~ I C5o e tit w ~~~. Men" c1 ~~ CITY OF i1AEAIDIAt 33 East Idaho l88~+133 ~6' Solid or Open~Fencr Behind Set Back Property ~' Line-~ ~` /~ i ~ ~ ee~' Stit LGntG Open ACCe55 *+ to Water Meters and Fire Hydrant **(4'X4' ground area). 6' Wood, Solid or Open Fence ' Yood or Solid or 4' Open Fe 'steet~ ~S /. C7 MERIDIAN CITY COUNCIL MEETING: MAY 21 1996 APPLICANT: ITEM NUMBER; 17 REQUEST• APPEAL OF FENCE VARIANCE COMMITTEE DECISION BY RICHARD 8~ KAREN SHAW AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. • • RECEDED MAY 1 7 ~=~~~~ ~,.,~~ CITY OF ~t~f~ID1AN May 17, 1996 City of Meridian Meridian City Council 33 East Idaho Meridian, Idaho 83642 RE: Fence Variance Request 1001 North West 9th Avenue Dear City Council Members: We, Richard and Karen Shaw, the current residents of 1001 North West 9th Avenue, Meridian, Idaho would like to appeal the Fence Variance Committees decision of April 29, 1996. We request the decision to allow the placement of a six (6) foot tall wood fence within the side street setback be ammended to a five (5) foot setback, compared to the Variance Committees approval of a ten (10) foot setback. This fence does not create a vision concern for traffic traveling on N.W. 9th Avenue or State Street. This should create an adequate distance between the sidewalk and fence as to not cause a safety hazard for pedestrians who may occupy the south sidewalk of State Street. We would also request that you take into consideration the surrounding subdivision. A setback of five (5) feet would not cause inconsistency within the neighborhood, as the adjacent subdivisin to the west currently has fences placed within this distance of five (5) feet. Thank you for your time and attention to this request of appeal. It is greatly appreciated. If we may be of further assistance with this matter please do not hesitate to contact me. Sincerely, K ren Shaw u Meridian City Council May 21, 1996 Page 18 Corrie: Any further comments from Council? Entertain a motion on this request. Rountree: Mr. Mayor I would move that we approve the request for a liquor and beer license for Dwayne Winn. Morrow: Second Corrie: Motion made by Mr. Rountree; second by Mr. Morrow that the request for liquor license be approved, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #16: REQUEST FOR A BEER AND WINE LICENSE FOR FRED MEYERS: Corrie: Is there a representative from Fred Meyers here? Chief? Gordon: Mr. Mayor and Council, I also did a background on Mr. Fred Meyer and I was unable to find any reason why we should not grant his license. Corrie: Did you find him? Gordon: No sir I did not. Corrie: Council, any further questions of the Chief? Entertain a motion for a request the beer and wine license for Fred Meyers. Morrow: Mr. Mayor I move that we approve the beer and wine license for Fred Meyers. Rountree: Second Corrie: Motion made by Mr. Morrow, second by Mr. Rountree that we approve the beer and wine license, any further discussion? Hearing none all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #17: REQUEST FOR APPEAL OF FENCE VARIANCE COMMITTEE DECISION BY RICHARD AND KAREN SHAW: Corrie: Is the Shaw's representative here? Shaw: Mr. Mayor and Council I would like to appeal the decision of the fence committee • • Meridian City Council May 21, 1996 Page 19 because I don't think it is a valid decision based on what they discussed with me at the meeting. I would like it to be a five foot setback off the back of the sidewalk instead of a ten foot setback as they agreed upon in their variance committee. Corrie: Council, questions of Mr. Shaw? Morrow: I have none, I have looked at his property and looked at the neighborhood, both myself and Mr. Tolsma have. I don't personally have a problem with this. Rountree: Mr. Mayor I have to admit my absence that variance committee meeting. I would speak from the position of having served on a number of these and would reinforce their decision of no closer than 10 foot from back of sidewalk for a variance. Corrie: I believe that two of the members are here from that committee is that correct. Any comments from the committee or anything different? Gordon: No sir, although we have set a minimum of 10 feet and we have held to that throughout the City to maintain, to try to maintain some type of security and also uniformity. Ten foot has been our minimum as far as bringing the fences up to the sidewalks. Morrow: If that is the case Mr. Gordon, in this particular subdivision based on my driving through there, there are at least two other fences that are within the five foot range. How do those get to be in that position? Gordon: I am not aware of the ones that you are talking about Councilman Morrow but we do have quite a few builders in the City that are putting fences up without permits or variances. We are having a problem with those. I am not aware of any in this general vicinity. When we find them the ordinance officer is sent out to contact them and then they file for a variance. I believe we heard a variance request the same day of Mr. Shaw's it was under those very circumstances. The fence was put in at about five foot by the contractor without any permit or variance of any kind. I am not familiar with the ones you are talking about. But it does happen but they are not approved by us. Morrow: So what you are suggesting is the ones that are there have not been approved by anybody that you are aware of. Gordon: Unless they have been approved by the Council, they have the appeal right which we informed Mr. Shaw to come before you folks. You have the final say, you can put those fences wherever you want. We have been holding them to the ten foot to try and get some type of uniformity and security. It allows a clear view of the street for police officers also for kids running up and down the streets, and sidewalks and cars backing out of • Meridian City Council May 21, 1996 Page 20 driveways, rounding corners. • Shaw: I would like to make it to your attention that it is not a site problem, nor would it be a problem for anybody backing out of the driveway. I don't understand what the deal is here about if it wasn't approved by anybody why if I go the legal route I get stiffed as far as your ordinance goes. I made sure that I towed the line on everything and did it the right way. It is up to you I guess. Corrie: Unfortunately that happens, I don't know what, those that didn't do it I suppose we could, maybe the officer can go out and find them and have them take their fence down. We haven't got to that point yet but. Smith: Mr. Mayor and Council members, I might shed a little more history on this setback issue for fences on a side yard. The subdivision development ordinance does not require a developer to have a larger than standard size lot for corner lot within a subdivision. As you know comer lots have front yard setbacks and side street setbacks that are the same by City ordinance of 20 feet. In some cases the subdivision CC&R's will require more of a setback, but 20 feet is a minimum requirements. Hence any property owner that has a corner lot is subjected to a small backyard. So we field quite a few fence variance requests to locate a fence within a side street setback area. When I first became involved in the fence variance committee we were allowing and I know of several instances where fences were placed on the property line within two feet of the sidewalk. After they were built I saw and I think the fence committee saw that this was not a good situation. It left a two foot strip that was not maintainable, it was a security hazard for people, pedestrians travelling on the sidewalk and of course in some cases it could create a site problem. I don't recall the instances that Mr. Shaw is talking about or the locations of the properties that Mr. Shaw is referring to in the Clarinda Fair Subdivision but f will certainly check it out. If variances weren't issued then I will make not to the Ordinance Enforcement Officer and the property owners will be contacted to remove the fence or file for a variance. As the fence Committee's present policy is that ten feet is a minimum encroachment or maximum encroachment into that side street setback area. The ten feet again is property that is basically landscapable property. It is not what you would call usable property by the resident and that is a problem for the corner lot property owners. But as Chief Gordon says it does provide pedestrians with a sense of security as they are walking down the sidewalk and it provides very little if any line of site problem with travelling public in vehicles. This particular case, there isn't a particular problem with line of site but what we are trying to do is mediate between building a fence on the back of sidewalk and putting the fence on the back of the sidewalk and putting the fence on the property line where it is required by the ordinance. And yet this gives the property owner an additional ten feet of usable back yard. When our building inspector does his final inspection for occupancy I have requested that he leave a fence or a photo copy of the fence ordinance that • ~. Meridian City Council May 21, 1996 Page 21 graphically illustrates where the fences are to be placed. I know a lot of times that-this photo copy doesn't get into the hands of the owner, someone else will pick it up out of the drawer in the kitchen where it is place along with the request that all dogs have dog licenses and information about trash pick up is also placed in the packet. Mr. Shaw did approach as he said the fence committee of the City of Meridian and request a fence variance which we appreciate. But that is some of the background on what we are trying to deal with on these corner lots. The same.meeting that Mr. Shaw's application was on we also heard from a young lady that had a fence already built within 8 foot of the sidewalk and the committee because of some other extenuating circumstances within that same subdivision where she lives required her to remove the fence and place it at ten feet from the back of sidewalk. I half expected an appeal from her to you for that request and we haven't received that yet I don't believe. We are trying hard to maintain a situation that is halfway between the ordinance requirement and what the property owner wants and still not have a fence out there against the sidewalk or in close proximity. I think in order to resolve this problem it would be a simple solution to require the developers to increase the size of corner lots by 10% maybe as a number,- I don't know. But it is always the same situation, it is always the same reason that we get a fence variance request. If we can make that change in the ordinance a fence variance request would go away for the most part. Shaw: Mr. Smith I sure don't understand the safety issue that you are speaking of. I think five foot is quite adequate for space between the back of sidewalk and (inaudible) if you can jump over a six foot fence and jump five feet you are doing something. Smith: Well we are not talking about over the fence, we are talking about people along side of the fence, back in the corner of the fence. In your particular corner you have a power transformer box that causes a jog in the fence that in the night people can hide behind. It is a safety issue from that standpoint of someone walking down the sidewalk and having an intruder jump out or I don't' know what you call them, somebody that means to do harm to someone else that is on the sidewalk. Shaw: You do realize that the fence on the opposing side is slotted and you can see through it? On the other side of the power box? Smith: Yes, you bet, I was out there and looked at it. Corrie: Thank you Gary Gordon: Mr. Mayor and Council, Mr. Shaw, I have no problems with you believing that five foot is safe, but what is to say that the next that comes along thinks one foot is safe or zero feet? We have reached a ten foot line as Mr. Smith said and we feel that fence, probably Meridian City Council May 21, 1996 Page 22 95% of the situations as far as the safety. The ten foot variance allows you another ten feet past what the City ordinance allows on each side of your property. So that is another 20 foot total in your back yard. We also feel that for corner lots that is sufficient, it allows you something but still maintains us some type of governable ground if you will. So I don't disagree with your five feet other than in your situation maybe five foot for you is satisfactory. But somebody else might have a different interpretation. In this case I do, I feel ten foot is satisfactory. It allows a safety area. Shaw: You agree if I set my fence back ten feet and buy shrubs four feet around it 3 foot high which is your maximum height for your shrubs in the planter area you want ten foot there from the sidewalk to the fence, I can plant four foot around shrubs 3 foot high and that is supposed to be safe? Do you understand what I am saying? Gordon: I understand what you are saying but I can't control your shrubs. Shaw: Yes you can, it says right in the letter Gordon: That is only in the site triangle, that is upfront on the corner, I can control your shrubs there. Along the side there where your fence is to my knowledge there isn't anything that controls the size of the shrub. Corrie: Council, any further questions? (Inaudible) Karen Shaw: (Inaudible) 3 feet for our shrubbery from you guys. Also on I believe it is Northwest 7th comer lot the fence sits less than 2 feet away from the side street, it is going into a new subdivision. I don't see how a two foot setback is different than what we are asking for. Everything around us is completely within the limits that we are asking for. (Inaudible) consistency problem. I guess that is my main comment is that we are not trying to be out of the normal or anything: But I did want you to (inaudible) Corrie: Thank you Karen, Council? Smith: Mr. Mayor and Council members I think on the NW 7th Street that Mrs. Shaw spoke about that is a boundary fence that comes out that is on the west side of Applegate Subdivision that is adjacent to the sidewalk or very close to the sidewalk and that was because of the location of the entrance street going into the subdivision and that fence is between the sidewalk and the property immediately adjacent that is outside the subdivision boundary. There is also a fence along Applegate Subdivision parallel with Pine Street that was built I think it is a 6 foot fence and it is there as a result of a variance approval through Meridian City Council May 21, 1996 Page 23 the fence committee that the subdivider submitted. We are trying to be consistent and we are sympathetic to the property owners that have comer tots and trying to allow them to use as much yard as possible. If we find instances where fences are in the sideyard setback or the front yard setback then we make note of that and we contact the property owner through our Ordinance Enforcement Officer. Corrie: Thank you Karen. Council ready to make a decision? Gordon: Mr. Mayor and Council just one short one, Mr. Smith has already hit on it nd I want to make sure that the. Shaw's understand this. This is nothing personal in fac we have more fence variances coming up it is a continuing problem. We are trying to mai tain some type of uniformity an there are places all over town where there are less and mere. Chateau is a good example of that and I am sure Mr. Wood is aware of that, they are right down the side of the street down there. But that is because it is an arterial or a collector. Cherry Lane out here it is right on the back of the sidewalk all the way out with jogs iin it. There are situations that just don't lend us any other opportunities. So, we could, I c ~ uld name off several throughout the City that don't meet these but for the most part on ho ses we are trying to maintain that ten foot minimum. I also have a corner house and I d n't have a variance, mine are 20 feet back. Corrie: Thank you Chief, Council? Bentley: Mr. Mayor, 1 make a motion that we deny the appeal for the fence variance. Rountree: Second Corrie: Motion made by Mr. Bentley, second by Mr. Rountree that the variance reques~ be denied, any further discussion? All those in favors Opposed? i MOTION CARRIED: 2 Yea, 1 Nay ITEM #18: DISCUSSION OF PROCEDURE ON FINDINGS OF FACT aND CONCLUSIONS OF LAW: Corrie: Discussion? Morrow: Mr. Mayor, I believe this item is on the agenda for us to talk about when we are going to release findings of fact and conclusions. I think in, and I asked the counselol- to research a recent decision by Judge Neville concerning an issue with respect to the ~ity of Eagle and the City of Boise and Brighton Corporation. Some of the comments that wire made would seem to indicate that some of this supposed controversy might not even' be