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Zavala, Jose & Jennifer0 CITY OF MERIDIAN 33 E. IDAHO MERIDIAN, ID 83642 FENCE VARIANCE APPLICATION (RE: Meridian Zoning Ordinance) 104 APPLICANT NAME: ADDRESS: l t --'�-i t� �-)C_C''r V YIP T" 9 \ . Me t "('i"\CV'cy OWNERS NAME & ADDRESS:(If different than above) PROOF OF OWNERSHIP: (COPY OF DEED OR OPTION MUST BE ATTACHED) LEGAL DESCRIPTION OF PROPERTY: LCn"il i PHONE, SUBDIVISION�)p r�Dj r 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: &11 1 /l). -IJ ATTACH APPLICATION FEE OF $ ATTACH STATEMENT THAT FENCE IS ALLOWED UNDER THE RESTRICTIVE COVENANTS OF THE SUBDIVISION OR A COPY OF THE RESTRICTIVE COVENANTS PERTAINING TO FENCES: APPLICANTS SIGNATURE: ;--/r � 5 2A v A 14 camITTEE HEARING DATE O R ORM FURNISHED COURTESY OF: ADA C a F r C Fi C E P, J. DAVID (::VARRO ALLIANCE TITLE & ESCROW CORP. BOISE I' ALLIANCE TITLE '97 MRY 23 Fin ` READ A APPROVED BY GRANTEE(S): �� S FEE � CLF' _ 0690 ;Ce6 ARnVEJIiIs`. S9r1'bFRECORDING DATA Order No.: 97067304 JG -PB CORPORATE WARRANTY DEED FOR VALUE RECEIVED, COREY BARTON CONSTRUCTION, INC. organized and existing under the laws of the State of Idaho, with its principal office at P. 0. BOX 369 ration MERIDIAN, ID 83642 of County of ADA , State of Idaho, GRANTOR, hereby GRANT, BARGAIN, SELL AND CONVEY unto JOSE ELIAS ZAVALA and JENNIFER R. ZAVALA, HUSBAND AND WIFE GRANTEE(S), whose current address is: 1137 N. SCRIVNER, MERIDIAN, ID 83642 the following described real property located in ADA County, State of Idaho, more particularly described as follows, to wit: Lot 8 in Blopk 19 of DANBURY FAIR SUBDIVISION NO. 7, according to the Official Plat thereof, filed in Book 72 of Plats at Page(s) 7407 and 7408, 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 does hereby covenant to and with the said Grantee(s), that Grantor is the owner 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 Granteels); 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 will warrrant 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 21st day of May , in the year of 1997. (Corporate Seal) COREY BARTON NSTRUCTION, INC. p at Name) By: COREY B TON, PRESIDENT President Attest: STATE OF IDAHOSecretary 1 COUNTY OF ADA ) On this 22nd day of May in the year of 1997 , before me, the undersigned, a Notary Public in and for said State, personally appeared COREY BARTON, known or identified to me to be the PRESIDENT of the corporation that executed the instrument or the person(s) who executed the instrument on behalf of said corporation, and acknowledged to me that such corporation executed the same. c;vP I. 6)CAp Signature: 4. � ,OTAR ye;02 % Name: PAMELA J. BIGELOW (type or print) n Residing at: BOISE, IDAHO ��N�•'nUBL,C'�,O`•', My Commission Expires: _ 01/12/00 SUBDIVISION: Danbury Fair Subdivision No.'%jS BOOK/PAGE: 72/7407 q�gUMgNr ACCgpY ! CM 0,1CDAT110 S r(JRN1$HED RECORDED DATE: October 4, 1996 REF,4ESEA1 r.; ; THE OO�Ik4f . AS AN INSTRUMENT #: 96083146 Sl►fi��Cl_ -; �'l. T;� '' �T Gt,�aifOtv� ;rfi`?eT Y011 �u^AHQjF+r; !., LEGAL COUNSEL. EL. CON ULT rr�� Ep .� T � C; � JEI17 SUPPLEMENTAL DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS AND NOTICE OF ANNEXATION FOR DANBURY FAIR SUBDIVISION NO. 7 KNOW ALL MEN BY THESE PRESENTS that B.W., Inc., an Idaho corporation, the "Declarant," is the Owner of that certain real property located in Ada County, Idaho, described as Danbury Fair Subdivision No. 7, according to the official plat thereof recorded on September 11, 1996, as Instrument No. 96078270 in Book 72 of Plats at pages 7407 and 7408, records of Ada County, Idaho (hereinafter collectively the "Real Property"). WITNESSETH WHEREAS, Declarant has hereto before filed that certain Declaration of Covenants, Conditions and Restrictions of Danbury Fair Subdivision No. 1, which Declaration was recorded on May 5, 1992, as Instrument No. 9228656, records of Ada County, Idaho, (hereinafter the "Declaration"); and WHEREAS, Declarant has hereto before filed that certain Supplemental Declaration of Covenants, Conditions and Restrictions of Danbury Fair Subdivision No. 1, which Supplemental Declaration was recorded on May 22, 1992, as Instrument No. 9233220, records of Ada County, Idaho, (hereinafter "Supplemental Declaration'); and WHEREAS, Declarant has hereto before filed that certain Amendment to Declaration of Covenants, Conditions and Restrictions of Danbury Fair Subdivision No. 1, which amendment to Declaration was recorded on May 6, 1993, as Instrument No. 9334001, records of Ada County, Idaho (hereinafter "Amendment to Declaration'); and WHEREAS, Declarant has hereto before filed that certain Supplemental Declaration of Covenants, Conditions and Restrictions and Notice of Annexation for Danbury Fair Subdivision No. 2, which Supplemental Declaration was recorded on July 16, 1993, as Instrument No. 9356673, records of Ada County, Idaho,. (hereinafter "Supplemental Declaration No. 2"); and WHEREAS, Declarant has hereto before filed that certain Supplemental Declaration of Covenants, Conditions and Restrictions and Notice of Annexation for Danbury Fair Subdivision No. 3, which Supplemental Declaration was recorded on May 8, 1994, as Instrument No. 94040794, records of Ada County, Idaho, (hereinafter "Supplemental Declaration No. 3"); and WHEREAS, Declaran6as hereto before filed that certain Supplemental Declaration of Covenants, Conditions and Restrictions and Notice of Annexation for Danbury Fair Subdivision No. 4, which Supplemental Declaration was recorded on January 12, 1995, as Instrument No. 95002302, records of Ada County, Idaho, (hereinafter "Supplemental Declaration No. 4"); and WHEREAS, Declarant has hereto before filed that certain Supplemental Declaration of Covenants, Conditions and Restrictions and Notice of Annexation for Danbury Fair Subdivision Nos. 5 and 6, which Supplemental Declaration was recorded on November 28, 1995, as Instrument No. 95087344, records of Ada County, Idaho, (hereinafter "Supplemental Declaration Nos. 5 and 6"); and WHEREAS, said Declaration, Supplemental Declaration, Amendment to Declaration, Supplemental Declaration No. 2, Supplement Declaration No. 3, and Supplemental Declaration No. 4 shall hereinafter be referred to as the "Original Covenants"; NOW, THEREFORE, pursuant to Article XIV of the Declaration, Declarant hereby declares that the Real Property shall be held, sold, conveyed, and subject to the Original Covenants, which Original Covenants are hereby incorporated by this reference as if fully set forth herein, except that the following paragraphs of the Original Covenants shall be amended as follows: (1) Article I, Section 2, "PROPERTIES" shall mean and refer to the "Real Property" hereinbefore in addition to the real property described in the Original Covenants. (2) Article I, Section 3, "COMMON AREA" shall mean and refer to Lots 33, 36 and 46, Block 5, Lot 1, Block 16, Lot 1, Block 19 and Lot 1, Block 20 of Danbury Fair Subdivision No. 7 as hereinabove described, in addition to the real property described as Common Area in the Original Covenants. (3) Article V, "ASSESSMENTS" shall be amended by adding a new Section 11, which shall read as follows: Section 11. Additional Assessment for Maintenance of Storm Water Retention Pond: Notwithstanding anything contained in this Article V to the contrary, each Owner of a lot located in Danbury Fair Subdivision No. 7 which is subject to assessment, by acceptance of a deed therefor, is deemed to covenant and agree to pay to the Association an additional annual assessment in the amount of Twelve Dollars ($12.00) which such assessments shall be used exclusively for the 1) purpose of the improvement, maintenance and repair of the retention pond and drainage basin located on Lots 33 and 46, Block 5, Danbury Fair Subdivision No. 7. The amount of the said additional assessment shall be collected and may be increased in accordance with the provisions contained in this Article V. (4) Article VI "EASEMENTS" shall be amended by adding a new Section 4, which shall read as follows: Section 4. Ada County Highway District Storm Drainage Easement: The Ada County Highway District shall have a permanent, non-exclusive easement for the repair and maintenance of any storm drainage facilities located in the Common Area, together with all rights of ingress and egress necessary for the full and complete use, occupation and enjoyment of the easement hereby granted, and all rights and privileges incident thereto in accordance with the provisions of Article VII, below. (5) Article VII "MAINTENANCE RESPONSIBILITY" shall be amended by adding the follows at the end thereof Lots 33 and 46, Block 5, shall be a part of the Common Area of the Subdivision, but shall be used primarily for a retention pond and drainage basin which shall be maintained by the Association, in accordance with the Manual for Light Maintenance for Storm Water Retention Ponds at Danbury Fair Subdivision No. 7, a copy of which is attached hereto as Exhibit "A." Notwithstanding that the Association is obligated to maintain the storm drainage facilities ("facilities") located in the Common Area, the Ada County Highway District (hereinafter "ACRD") may elect to maintain any part of the facilities in the event that ACRD determines, in its sole discretion, that the Association is not adequately doing so. In such an event, ACHD shall, before undertaking any such maintenance activities, provide thirty (30) days advance written notice to the Association describing what maintenance activities are required and advising the Association that if the required maintenance is not completed within thirty (30) days of the date of that notice, then the ACHD may cause the required maintenance to be performed in accordance with this paragraph. In the event the Association shall fail to complete the necessary maintenance work within the prescribed time period, the ACHD may cause the required maintenance to be performed, in which event ACHD shall first bill the Association for its costs and expenses incurred in connection therewith, and if such bill shall not be paid within sixty (60) days, then ACHD shall be entitled and empowered to file a taxable lien against all Lots within the Subdivision with power of sale as to each and every lot in order to secure payment of any and all assessments levied against all Lots in the Subdivision pursuant to the original Covenants as if said. had been performed by the Association, together with interest at the rate which accrues on judgments thereon and all costs of collection which may be paid or incurred by ACRD. The Association shall not be dissolved or relieved of its responsibility to maintain the facilities without the prior written approval of ACRD. The Association and all Owners, by accepting title to a Lot, agree that all Owners within the Subdivision are benefitted property owners of such maintenance. SIGNATURES: Dennis M. Baker, President rd 0 EXHIBIT "A" 0 MANUAL FOR LIGHT MAINTENANCE FOR STORM WATER RETENTION PONDS AT DANBURY FAIR SUBDIVISION NO. 7 This manual outlines the duties to be performed by the Homeowner's Association for the light maintenance of the STORM WATER retention pond at Danbury Fair Subdivision No. 7. The retention ponds are located on Lots 33 and 46, Block 5 of the Danbury Fair Subdivision No. 7 plat. A copy of the plat and a drawing of the ponds are included in this manual. The maintenance area of the retention ponds shall include the entire area of the lots in which the ponds are located. For the various light maintenance items involved, periodic inspections are to be made of the ponds in addition to any work required in each of the categories below. These inspections shall be done a minimum of once every month. LAWN CARE AND IRRIGATION. If the retention pond is grassed, fertilizer shall be applied at a rate and interval to keep the grass healthy. Also weekly mowing and grass clipping removal shall be performed to maintain a healthy appearance and working drainage facility. Water shall be applied to the grass at a rate which will keep the grass healthy and not interfere with the proper operation of the STORM WATER retention pond. Over irrigating must be avoided as this will cause ponding and deteriorating of pond performance. TRASH CLEANUP. During the periodic inspections, any trash found within the boundary of the pond lot shall be collected and disposed of offsite. BANK STABILITY. During the periodic inspections, the banks of the pond shall be checked for any water spots, water entering the pond from adjacent lots, rodent holes, and bank erosion. If any of these problems are found, the Homeowner's Association shall contact a licensed earthwork contractor to make the necessary repairs to the pond. INSPECTION AND CLEANING OF PIPES. After it rains, the STORM WATER pipes shall be inspected to ensure they drain the sediment traps. In the event that a pipe does not drain or flooding occurs in the street at the sediment trap locations, the Homeowner's Association shall have the pipes cleaned by a certified pipe inspection and plumbing service. In the event that a drainage pipe is broken or needs to be replaced, the Homeowner's Association shall contact a licensed underground pipe contractor to do the necessary construction. PERIMETER FENCE. If the pond lot is fenced, during the periodic inspections, the fence around the pond shall be checked for any loose, broken or missing boards. These boards and any 5 0 � 0 portion of the fence in bad repair are to be replaced as soon as possible. DEFINITION OF HEAVY MAINTENANCE. Heavy maintenance is defined as periodically inspecting the facility to ensure it is properly functioning; periodically cleaning the facility piping and mucking out the facility when sediment levels exceed designed storage levels. n JAM FURNISHED COURTESY OF: ALLIANCE TITLE & ESCROW CORP. ADA C,_ ?ECCRCER ,i. DA,iIJ is VAP.F10 BOISE ID ALLIANCE TITLE '97 MHY 23 PM i READ 6 APPROVED BY GRANTEE(S): CORPORATE WARRANTY DEED 0690 FEE "' _ C[F' � . �1GE ABOME rpt SrCVRECORDING DATA Order No.: 97067304 JG -PB FOR VALUE RECEIVED, COREY BARTON CONSTRUCTION, INC. organized and existing under the laws of the State of Idaho, with its principal office at P. 0. BOX corporation 69 ration MERIDIAN, ID 83642 of County of ADA State of Idaho, GRANTOR, hereby GRANT, BARGAIN, SELL AND CONVEY unto JOSE ELIAS ZAADA and JENNIFER R. ZAVALA, HUSBAND AND WIFE GRANTEE(S), whose current address is: 1137 N. SCRIVNER, MERIDIAN, ID 83642 the following described real property located in ADA described as follows, to wit: County, State of Idaho, more particularly Lot 8 in Blopk 19 of DANBURY FAIR SUBDIVISION NO. 7, according to the Official Plat thereof, filed in Book 72 of Plats at Page(s) 7407 and 7408, 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 does hereby covenant to and with the said Grantee(s), that Grantor is the owner 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 will warrrant 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 21st day of May , in the year of 1997. COREY BARTOLNSTRUCTION, INC. (Corporate Seall By: COREY B TON, PRESIDENT President Attest: STATE OF IDAHO 1 Secretary -OUNTY OF ADA ) On this 22nd day of May in the year of 1997 before me, the undersigned, a Notary 'ublic in and for said State, personally appeared COREY BARTON, Brm= :nown or identified to me to be the PRESIDENT of the corporation that executed .he instrument or the person(s) who executed the instrument on behalf of said corporation, and acknowledged to me that such corporation executed the same. Signature:—� C�.•� XOTAR ••4�Q •. Name: PAMELA J. BIGfiLOW r Residing at: BOISE, IDAHO �n •, UBLIC >> ••....•••' �O My Commission Expires: 01/12/00 14..T�' nc tt1Q' .�•` W: JOSE ELIAS & JENNIFER R. ZAVALA FENCE VARIANCE 1137 N. SCRIVNER PLACE PROPERTY OWNERS WITHIN 200' NOBLE JOHN W & PAMELEE D 1429 E SOTHESBY ST MERIDIAN ID 83642 SHEARER THOMAS L 1451 E SOTHESBY ST MERIDIAN ID 83642 TURNBODUGH WENDY L & JAKE W SERVATIUS LANA L & JEFFREY R 1475 E SOTHESBY ST MERIDIAN ID 83642 CONSTRUCTION CONCEPTS INC PO BOX 104 BOISE ID 83701 1503 E SOTHESBY ST CLEAVER RYAN G & ALICIA M 1201 N SCRIVNER AVE MERIDIAN ID 83642 RAFTERY STEPHEN P & JOANIE B 1416 E SHELLBROOK DR MERIDIAN ID 83642 BLACKSTEAD BUILDING CO INC 11760 EXECUTIVE DR BOISE ID 83713-0800 1430 E SHELLBROOK DR TREGELLAS MARK W & DANA M 1452 E SHELLBROOK DR MERIDIAN ID 83642-0800 DUNN ANDREW M 1476 E SHELLBROOK DR MERIDIAN ID 83642 PEDERSON CURTIS W & BELINDA J 1167 SCRIVNER MERIDIAN ID 83642 BAKER MATTHEW J AND BAKER DENNIS M & JEAN S 250 BEECHWOOD DR STE 120 BOISE ID 83709-0944 1166 N SCRIVNER AVE DANBURY FAIR HOMEOWNERS ASSOCIATION INC PO BOX 190446 BOISE ID 83719 N LOCUST GROVE RD BARKER SCOTT & LORI L 1142 N SCRIVNER PL MERIDIAN ID 83642 BUCKLES JOSEPH CLAY & JANE EILENE 1417 E SHELLBROOK DR MERIDIAN ID 83642 CONSTRUCTION CONCEPTS INC PO BOX 104 BOISE ID 83701 1479 E SHELLBROOK DR CALDWELL JOHN L & STAR B 1128 N SCRIVNER PL MERIDIAN ID 83642 B W INC 250 BEECHWOOD DR STE 120 BOISE ID 83709-0944 1465 E SHELLBROOK DR KELLEY SANDRA L 1429 E SHELLBROOK DR MERIDIAN ID 83642 LAY D TRAVIS & JUNIE K 1125 N SCRIVNER PL MERIDIAN ID 83642 WARE BRIAN D & MISTELLE D 1114 N SCRIVNER PL MERIDIAN ID 83642 ANDERSON RYAN L 1453 E SHELLBROOK DR MERIDIAN ID 83642 POSEY DANIEL L & LAURIE A 1441 E SHELLBROOK DR MERIDIAN ID 83642 T SCOTT BRYCE M & MICHELLE M 1113 N SCRIVNER PL MERIDIAN ID 83642 FOREMAN KENNETH LEORY 1564 E BUCHMAN ST MERIDIAN ID 836424036 RANDOLPH DEBBIE A 1558 E BUCHMAN ST MERIDIAN ID 83642-4036 KOUBA VINCENT L & TAMRA S 1536 E BUCHMAN CT MERIDIAN ID 83642-4036 RUDD CLAY LELAND & KRISTI KAY 1504 E BUCHMAN ST MERIDIAN ID 83642-4036 YOUNG STUART L & DONNA A 1492 E BUCHMAN ST MERIDIAN ID 83642-4035 MCCLURE DENNIS 1470 E BUCHMAN ST MERIDIAN ID 83642-4035 SHEA LUKE J & ROBYN E 1458 E BUCHMAN ST MERIDIAN ID 836424035 0 0 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 March 23, 1998 for the purpose of reviewing and considering the Application of Jose and Jennifer Zavala for a variance from the Meridian Fence Ordinance at the property legally described as follows: Lot 8, Block 19, Danbury Fair #7 Subdivision and known by the address 1137 N. Scrivner, Meridian, Idaho 83642. The Applicant proposed to reduce the required distance from 20 feet to 10 feet. 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 day of Inal.cIL , 1998. OF 110f SUL WILLIAM G. BERG, JR.; ClfY CLERK T 19� CITY OF MERIDIAN FENCE COMMITTEE MEETING MARCH 23, 1998 FENCE COMMITTEE MEMBERS: Mr. Gary Smith, P.E., City Engineer, Chairman Mr. Charlie Rountree, City Council Member Mr. Bill Gordon, Chief of Police Mr. Mark Nelson, Planning and Zoning Commissioner ITEMS FOR REVIEW 4:30 P.M. - Jose and Jennifer Zavala -1137 N. Scrivner PI. - Request to build 6 ft. fence 10 feet from sidewalk on side of house. -_, L WILLIAM G. BERG, JR., City Clerk JANICE L. SMITH, 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" 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 ROBERT D. CORRIE Mayor March 23, 1998 Jose and Jennifer Zavala 1137 N. Scrivner Pl. Meridian, ID 83642 RE: FENCE VARIANCE REQUEST 1137 N. SCRIVNER PL. Dear Jose & Jennifer: COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman MALCOLM MACCOY KEITH BORUP RON MANNING BYRON SMITH The Fence Variance Committee of the City of Meridian met in Jennifer's presence at 4:30 p.m., March 23, 1998, in City Hall to consider this request. After clue consideration, the Committee decided to allow construction of a six (6) foot tall wooden fence in your side street setback area subject to the following conditions: 1. The face of the fence shall be set ten (10) feet from the yard side edge of side walk along Shelibrook. 2. The area between the fence and sidewalk shall be landscaped and maintained by you. 3. The board side of the fence shall face Shellbrook. 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. Thank your for complying with the City ordinance in requesting this variance. Sincerely, AltJ Gary D. Smith, P.E. Chairman, Fence Committee cc: File City Clerk Building Inspector