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Parson, HarleyCITY OF MERIDIAN ®~ Planning & Zoning Department 660 E_ Watertower Ln., Ste. 202, Meridian, ID 83642 (208) 884-5533 Phone / (208) 888-6854 Fay APPLICANT: ar ~?.H {~aq^ S o n ADDRESS: 1~ ~ ~ ~ . Nt ~ ~l~D W lti PHONE: ~g~ ' ?3 2 ~ FAX: OWNER(S) OF RECORD (IF DIFFERENT FROM APPLICANT): FENCE WAIVER APPLICATION (RE: Meridian Zoning Ordinance 12-4-10 Fences} E-MAIL: ~- c~.r er, ~ a, o.Cpw• ADDRESS: PHONE: FAX: E-MAIL: PROOF OF OWNERSHIP: (Copy of deed or option must be attached) NOTARIZED CONSENT OF PROPERTY OWNER (See attached Affidavit of Legal Interest} LEGAL DESCRIPTION OF PROPERTY: LOT# GI BLOCK#~ SUBDIVISION: Pal+~vn ~~~'2. PRESENT USE OF SUBJECT PROPERTY: ~esi ~ene+/ ZONING OF SUBJECT PROPERTY: T~ DESCRIPTION OF THE 14IIlVIMUM REQUIREMENTS OF THIS TITLE THAT NEED TO BE REDUCED TO PERMIT THE PROPOSED FENCE WAIVER? Allow 6' ~ne.i~ h'f, ~i ~~ i cant- reQues+s ,~nce be l aca-Fe'd `2-.F-Id -~~•~. +hQ proPerd~ l i n.c 0.1w.9 Maple. Avg. SCHEMATIC DRAWING: Attach drawing showing buildings, streets, & proposed fence. SURROUNDING PROPERTY OWNERS: List of the mailing addresses of all property owners (obtain list from Meridian Planning & Zoning Department, 884-5533) within two hundred feet (200') of the external bonny--~ the land being considered. ATTACH APPLICATION FEE OF: $50.00 ATTACH STATEMENT THAT FENCE IS ALLOWED UNDER THE RESTRICTIVE :° ~, , SUBDIVISION OR A COPY OF THE RESTRICTIVE COVENANTS PERTAINING 1 rIO°~ ' ,~, , , ;. ~. "i~ _ , Applicant's Signature: --~-~ - -, -- --~ '~~, -- i ~, ~~~ - --~ -- v, _~-.- ~ ~. '~~- r --- __ I _. r - -{ ~_ ~ ~: __. ~~ ~~~ ~~~ 1 ~---- ~-~ `_ R a ~L cd C ~; _~_ ~~~=P~l L~ -, ~ J ___~ ~_ ___~ , _ _- _ _ -~ ~-- - ia~ -~ _ _ - • • • l}rar,tees herein have read and approved the following: Title File No.: L SPECIAL WARRANTY DEED THIS INDENTURE, made on the-26th day of-July-, 2004, by and between the Secretary of Veterans Affairs, an Olficer of the United States of America, whose address is Department of Veterans Affairs, Washington, DC 20420, hereinafter referred to as Grantor(s), does (do) hereby GRANT, BARGAIN, SELL and CONVEY unto HELENE PARSON and HARLEYPARSON Wife and Husbaari' GRANTEE (s), whose current address is: 1319 North Midtown Street Meridian Idaho 83642. The following described real property in ADA County, State of Idaho, More particularly described as follows, to wit: Lot 9 in Block 4 of MIDTOWN SQUARE SUBDIVISION, according to the official plat thereof, filed in Book 65 of Plats at Pages 6667 and 6668, records of Ada County, Idaho. B7ECT TO rights resesrved in federal patents, state or railroad deeds, building or use restricdotts general to dte a; zoning regulations; utility easements of record and right of way or easements as shown on dte plat or visable inspection. 3 GRANTOR, for itself and for its successors in interest, does by these presents expressly limit the covenants of Ito those herein expressed, and excludes all covenants arising or to arise by statutory or other implicxdotts, does hereby covenant that against all persons whomsoever lawfully cleitning or to claim by, through or uuder said ntor, and not otherwise, it will forever warrant and defend the said described real estate. TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grautee(s), and Gtautee(s) heirs and assigns forever. Aud the said Grantor(s) does(do) hereby covenaut to and with the said Grautee(s), that Grantor(s) is/are the owner(s) in fee simple of said preudses; that said premises are free from all encuntbrauces, 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, easemeuts, 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 aztd 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 quontm. In witness whereof, dte Grantor has caused its corporate name to be hereunto affixed by its duly authorized officers this ? 4 day of ~~ ly , in the year of30 0•~ Secretary oP Veterans AFfairs Secretary of Veterans Affairs, An Officer of the United States _ ~y/yTL~OF yCV/P/Di'f'~ By CtOtIA/7j/OF GIP~N4F Its: S nior Manag r, VA REO l9~ OCWEN Federal Bank, FSB ~ ,war. Jameea TX~' ~ ~~,~ Pursuant to a delegation of antho>•it' "tt'~TM""N0" Y Contained in 38 C.F.R & 36.4342 (f) °"'~ ~"M"~1e'~ p'`~ ~~""'10h0~ ..., __,,,,,,,,,,,,,,,, ,,,,,,,,,,,,, Mr CaamlWon DDe~ I wi „~ [:Maiteeteavte awe Lawyers Title of Treasure Valley RADIUS NOTICE REPORT FILE NAME: Harley o~-Ivor-2o04 Owners Owner Address BANDHAUER BRIAN D 1314 N CRESTMONT DR BANDHAUER KATIE L MERIDIAN, ID 83642-0000 Property Address: 1314 N CRESTMONT DR BLUNCK L DON 428 W MAPLE AVE BLUNCK MARCENE P MERIDIAN, ID 83642-0000 Property Address: 428 W MAPLE ST BUCHLI VONNA M 1299 N CRESTMONT MERIDIAN, ID 83642-0000 Property Address: 1299 N CRESTMONT DR CAUDILL KEVIN A 1348 N MIDTOWN ST CAUDILL CAMILLE A MERIDIAN, ID 83642-0000 Property Address: 1348 N MIDTOWN ST CHESHIRE DAVID E 1349 N CRESTMONT DR CHESHIRE DEBRA J MERIDIAN, ID 83642-0000 Property Address: 1349 N CRESTMONT DR EASTRIDGE CARL W 1367 N MIDTOWN ST EASTRIDGE MICHELLE T MERIDIAN, ID 83642-0000 Property Address: 1367 N MIDTOWN ST FERNANDES JOHN & 1296 N CRESTMONT DR FERNANDES KAY MERIDIAN, ID 83642-2176 Property Address: 1296 N CRESTMONT DR GALLEGOS LARRY 475 W MAPLE AVE GALLEGOS GLORIA MERIDIAN, ID 83642-0000 Property Address: 475 W MAPLE AVE HOWARD MICHAEL & 1370 N MIDTOWN ST HOWARD SARAH T MERIDIAN, ID 83642-0000 Property Address: 1370 N MIDTOWN ST 1 Owners Owner Address MAYHEW KENDALL L & 1263 N CRESTMONT DR MAYHEW LORI M MERIDIAN, ID 83642-2176 Property Address: 1263 N CRESTMONT DR MCCURRY ARTHUR W 1391 N MIDTOWN ST MERIDIAN, ID 83642-0000 Property Address: 1391 N MIDTOWN ST MCFADDEN G LEONARD 615 W CHERRY LN MCFADDEN CLEORA W MERIDIAN, ID 83642-1614 Property Address: W 04TH ST MIDTOWN SQUARE SUB HOA INC PO BOX 282 MERIDIAN, ID 83680-0000 Property Address: N CRESTMONT DR MILLER MICHAEL S 1285 N CRESTMONT DR MERIDIAN, ID 83642-2176 Property Address: 1285 N CRESTMONT DR MORTENSEN KENT B 451 W MAPLE AVE MORTENSEN BARBARA A MERIDIAN, ID 83642-0000 Property Address: 451 W MAPLE AVE MOST MARSHALL G & 1345 N MIDTOWN ST MOST CLAUDIA J MERIDIAN, ID 83642-0000 Property Address: 1345 N MIDTOWN ST MUSIC DAWN R 1323 W 04TH ST MERIDIAN, ID 83642-0000 Property Address: 1323 W 04TH ST PACK PAUL M 1684 HAVENWOOD DR PACK ALICE C OCEANSIDE, CA 92056-2957 Property Address: 1313 W 04TH ST PARSON HELENS 1319 N MIDTOWN ST PARSON HARLEY MERIDIAN, ID 83642-0000 Property Address: 1319 N MIDTOWN ST 2 Owners Owner Address RIDDLE TRAVIS W 501 W MAPLE MERIDIAN, ID 83642-0000 Property Address: 501 W MAPLE AVE RODGERS MICHAEL S 1360 N CRESTMONT DR RODGERS ANITA L MERIDIAN, ID 83642-0000 Property Address: 1360 N CRESTMONT DR SULLIVAN JARED W & 1317 N CRESTMONT DR SULLIVAN RENAE MERIDIAN, ID 83642-0000 Property Address: 1317 N CRESTMONT DR SWEENEY BRAD A 1344 N CRESTMONT DR SWEENEY TIFFANI A MERIDIAN, ID 83642-0000 Property Address: 1344 N CRESTMONT DR TAYLOR ABB H & 1394 N MIDTOWN ST TAYLOR RUTH M MERIDIAN, ID 83642-2175 Property Address: 1394 N MIDTOWN ST 3 RECEIVED Valley Times DEC 1 3 Z00+~ P.O. Box 1790 Eagle, Idaho 83616 City of Meridian City Cleric Office LEGAL ADVERTISING PROOF OF PUBLICATION Account: ~ ~" ~-~ ~ ~,n Identification: r~ u-f`Sc~ ~--~ n c~ ~ ~ c~ - ~~ t V~'~ Address: 3 3 - 1 ~~ c l~ ~vP ' Run Dates: ~~ -2 ~(~ ~ ~ -y ~ I ~y („ UZ Number Lines J ~ Amount Attention: City of Meridian `` NOTICE OF APPLICATION ~ ~~co 'O `F For Fence Waiver .NOTICE IS HEREBY GIVEN, pursuant to the Ordinances of the City of Meridian and the laws of the State of Idaho, that Harley Parson has filed with the Zoning Administrator of the City of Meridian an application for a Waiver from the Fence Ordinance regarding her property located at 1319 North Midtown, Merid- ian, Idaho. The applicant requests the .fence be located two (2) feet from the property line along Maple Avenue. Comments, either for or against, said application must'be filed within fifteen (15) days after the initial publication of this notice and shall be addressed to the Planning & Zoning Departtnent, c/o Sonya Allen, City of MeridiAn; 660 E. Watertower Ln., Suite'#202, Meridian, Idaho. If there are pertinent and comPel- ling objections filed within the time allowed, the Zoning Administrator may sched-. ule a hearing on the application. The property at 1319 North Midtown is more particularly, described as Lot 9 Block 4, Midtown Square Subdivision, Meridian, Ada County, Idaho. Any. and all interested persons--are welcome and invited to submit comments. Dated this 22nd of November 2004, William G Berg, Jr -City Clerk PUBLISH 29"' of November and 6ih of December .2004. Other 2. ~ , l:' Ste' ~-I , 1 -~~ s•L~33 Frank Thomason, being duly sworn, deposes and says: That he is the Principal Clerk of Valley Times, a weekly newspaper published at - ~ ^-• •^h~ Mate of Idaho; that the said ' >ral circulation in the said ~J`~ n the vicinity of Meridian, the city of has been uninterruptedly red with the '"ounty during a period of er from the r ~Vn, Merid- (e weeks prior to the first et from the copy of which is attached i= notice was published in ithin`fifteen ~nity with Section 60-108, essed to the. fended, for `2_ time(s) ian, 660 >:- I issue of said paper, and nd compel- may sclied- ~aper proper, and not in a laid notice was published ribefl as Lot . I on the following dates: kt coirimetits. ~ } i STATE OF IDAHO ) )SS fw COUNTY OF ADA ) On this ~ 3 day of~'~ ~ ' in the year of 2004 before me, a Notary Public, personally appeared Frank Thomason, known or identified to me to be the person whose name is sub cribed to the wit 'n instrument, ~~:.:::-h and being by first duly sworn, Clare at the ~ A~Cients herei true, and ack edg o me that a®p°`°~~9.. ~' : ';. exe d the same. ~ ~®~ - otary Public for Idaho ~ ®'® ~ ~ ~ Re ding at Boise, ID ~~181.1~ ~~° My Commiss' n expire . ~~ ~~ ~ CITY OF MERIDIAN NOTICE OF APPLICATION FOR FENCE WAIVER NOTICE IS HEREBY GIVEN, pursuant to the Ordinances of the City of Meridian and the laws of the State of Idaho, that Harley Parson has filed with the Zoning Administrator of the City of Meridian an application for a Waiver from the Fence Ordinance regarding his/her property located at 1319 North Midtown, Meridian, Idaho. The Applicant requests the fence be located two (2) feet from the property line along Maple Avenue. Comments, either for or against, said application must be filed with the Zoning Administrator within fifteen (15) days after the initial publication of this notice and shall be addressed to Planning and Zoning Department c!o Sonya Allen, City of Meridian, 660 E. Watertower Ln., Suite #202, Meridian, Idaho. If there are pertinent and compelling objections filed within the time allowed, the Zoning Administrator may schedule a hearing on the application. The property at 1319 North Midtown is more particularly described as Lot 9, Block 4 of Midtown Square Subdivision, Meridian, Ada County, Idaho. Any and all interested persons are welcome and invited to submit comments. \`~t~,>>~~iirriirrrrrr. Dated this 22"d day of November, 2003. ~' ~ ~c~ '9y ''%, ~' r ' F o y~ William G. Berg, Jr -City Clem ~ 9~~s ,~~o`~ PUBLISH 29~' of November and 6 of December, 2003. '~%,,, cCUiVTY , ~~? ,,;~~` j ~f... .. l=' > . , . 1.11 Y: Dec•28. 2004 12:55PM 660 E. Wacerlpwer lane, Suite 202 Meridian, ID 83642 Phone: (208845533 Fax; (208)888-6854 Tv: Tara No•6916 P• 1 From: Barbara Shiffer Fax: Date: Phone: Pages: (Including cover) Ite: Harley Parson (Fence Waiver Objections )eG: ^ Urgent X For Review ^ Please Comment ^ PI®ase Reply ^ Please Recycle •Comments RECEIVF.I DEC 2 ~~ Z004 City Of Meridian City Clerk Office DEC 28 '04 12 15 PAGE. 01 Dec•28~ 2004 12~55PM ~- 1 Sonya Allen Zoning Administrator, Meridian Planning ~ Zoning Dept. 660 E. Watertower Ln, Suite 202 Meridian, ID 83642 r~ RE' Application for Fence Waiver @ 1319 N. Midtown, Meridian Ms. A!len~ No•6916 P• 2 Brian & Katie Bandhauer 1314 N. Crestmont Dr. Meridian, ID 83642 November 27, 2004 We live diagonally to the property in question and can see all of 1319 Midtown's fencing from our property. We completely support their application for a waiver. The plan makes complete sense given their property layout. They already .have some proposed landscaping in place that will complement the property nicely. The proposed fence plan will enhance the property and look completely natural for the existing lot, Thank you.. ~/~-- Brian Bandhauer DEC 28 '04 12 15 PAGE.02 Dec•28. 2004 12~55PM Tiffani 6`c Brad Sweeney 1344 N, Crestmont Dr. Meridian, Idaho 83642 '1(208) 888-3535 Dear Sonya Allen , Nov, 23, 04 No•6916 P• 3 My husband and I have taken the fiime to read and discuss the issue related to Harley Parson, And his request to waiver our neighborhood ordinance,inorder toallow for a fence to be placed out 2 feet from the property line along Maple Avenue, My husband and I have come to the conclusion that the fence placement will I ower our neighborhood resale value, along with making many other ordinances/rules easy to change at will. We both feel that this subject matter should be objected and nat allowed to continue in progress Please feel free to contact either one of us for questions or comments related to this subject Thank you for your time ... Tiffani Swe ney CDA DEC 28 '04 12 15 PAGE.03 Dec~28~ 2004 12~56PM December 4, 2004 Planning & Zoning Department City of Meridian 660 Watertower Lane, Suite 202 Meridian, Id. 83642 ATTN: Sonja Allen No~6916 P~ 4 This letter is in response to the notice of application for fence waiver submitted by Harley Parson regarding the property at 1319 North Midtown St., Meridian, Id. In accordance with homeowner association covenants & rules, an exception to or waiver of the covenants is to be submitted in writing to the architectural committee or the board. It appears the Parsons have bypassed the proper prooe+dure for submitting changes to the landscape because as I talked with President, Kira Batton, she could find no correspondence from them regarding any changes for this property. After reviewing the C.C.Bt R's, it's evident the developers of Midtown Square subdivision established the documents to provide the community with uniform development that would be acceptable to homeowners and additionally compliment the surrounding areas. Other owners of corner lots in the subdivision have found alternative means of "fencing" the yard with vegetation & have remained in compliance with the established GC. & R's. Obviously the Parsons had oppornmity to physically inspect the property in its entirety as well as reviewing the association documents prior to signing the final papers. We do not support the proposed plan by the Parsons to extend the wood fencing & would respectfiiliy request the City of Meridian not override the established regulations, and deny this requested waiver. By allowing the homeowners the opportunity of submitting a plan to the association that complies with the subdivision regulations would demonstrate the City's willingness to cooperate with standards set forth by the developers, Sincerely, John & Kay Fernandes 1296 N. Crestmont Drive Meridian, Id. 83642 DEC 28 '04 12 15 PAGE.04 CITY OF MERIDIAN NOTICE OF HEARING NOTICE IS HEREBY GIVEN, pursuant to 12~-10 of the revised and compiled Ordinances of the City of Meridian, that the Planning Director of the City of Meridian will hold a public hearing at the Meridian Planning and Zoning Department 660 E. Watertower, Suite 202, Meridian, Idaho, at the hour of 3:00 P.M., on February 11, 2005, for the purpose of reviewing and considering the application of Harley Pan~on for a waiver from the Meridian Fence Ordinance at the property legally described as follows: Lot 9, Block 4 of Midtown Square Subdivision and known by the address of 1318 North Midtown. The Applicant requests the fence be located two (2) feet from the property line along Maple Avenue. The public is welcome. The Applicant is required to attend. Testimony, objections, and comments will be heard and considered by the Director. A written decision of the Director 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 Director to the Meridian Planning and Zoning Commission pursuant to Section 11-1-11 A. DATED this 19th day of January, 2005. ;HOOL MIDDLE SCHOOL "I J~i ~~ ,--r- ~- i I l i ~ i I ~ I I ~ -E- -~ I I l ~~I ~ ~ 1-~.~ j ~ II ~ _ ~ , i j ~ ~, ~,, ~ ~ ,-~~! ~ i ~I~'~ ~- -~ ', ~ ~~~ ~~' ~~' ~ ~~'~~~, ~, ~~, ~~ ,1319 ~ . M I DTOW N ~. ~ ' '~~ `~~, i , , HADLEY PARSON '.~ L :; CITY OF ~~~ -~' ~ 1, q\~~~ IDAHO i. tic ('F ,F H ° Ibr TRe: G$URE V AIYEy g~NCf 1903 l~/1AYOR Tammy de Weerd CITY COUNCIL l~/lEMBERS William L. M. Nary Keith Bird Charles M. Rountree Shaun Wardle CITY DEPARTMENTS Fire 540 E. Franklin Road 888-1234/fax 895-0390 Parks & Recreation 11 E. Bower Street 888-3579/fax 898-5501 Planning & Zoning 660 E. Watertower Lane Suite 202 884-5533/fax 888-6854 Police 1401 E. Watertower Lane 888-6678/fax 846-7366 Public Works 660 E. Watertower Lane Suite 200 898-5500/fax 898-9551 - Building 660 E. Watertower Lane Suite 150 887-2211/fax 887-1297 - Sewer (WWTP) 3401 N. Ten Mile Road 888-2191/fax 884-0744 - Water 2235 N. W. 8th Street 888-5242/fax 884-1159 February 14, 2005 Mr. Harley Parson 1319 N. Midtown Meridian, ID 83642 Re: Fence Waiver Application Dear Mr. Parson: This letter is in response to your fence waiver application for the property located at 1319 N. Midtown, Meridian. In your application you asked to be allowed to reduce the setback from 20-feet to 2-feet from the street side property line along Maple Avenue. Objections were received from surrounding property owners whom were notified of your request for a fence waiver, in accord with the City's Zoning and Development Ordinances. A hearing was held by the Planning Director on February 11, 2005. After consideration of the objections filed and testimony received at the hearing, it was determined that a waiver would be allowed for the fence to be placed 10-feet from the property line (approximately 12-ft. from the sidewalk) along Maple Avenue, starting at the rear wall of the garage and extending to the rear property line. This approval is subject to the conditions noted below. Section 11-1-11 of the Meridian City Code allows any aggrieved person to appeal this decision. All appeals shall be filed with the Planning and Zoning Department within fifteen (15) days after the date of this letter. 1. The face of the fence shall be set a minimum of 10-feet from the property line along Maple Avenue. 2. You must landscape and maintain the ground area between the fence and sidewalk. 3. The board side of the fence shall face out toward the street(s). 4. You must obtain a building permit for your fence from the City of Meridian Building Department prior to construction. CITY HALL 33 EAST IDAHO AVENUE MERIDIAN, IDAHO 83642 (208) 888-4433 CITY CLERK-E~X 88H•4218 HU\IAN RESOURCES-FAX 884-8723 FINANCE & UTILITY BILLING-E~X 887-4813 \IAYOR~S OFFICE-FAX 884-8119 5. You must call for an inspection of the fence once you have completed construction. The City of Meridian has no jurisdiction in the enforcement of the provisions of your subdivision's protective covenants. We recommend that you obtain approval from your homeowner's association for this fence location. We also recommend that you contact Dig-Line at 342-1585 to locate any underground utilities prior to digging or excavating for your fence posts. Feel free to call me at 884-5533 if you have any questions or concerns regarding the conditions of approval in this letter. Sin erely, ~~l Anna orchers Ca ni g, AICP Planning Director City of Meridian Planning and Zoning Department Cc: File Building Department City Clerk John & Kay Fernandes