Sevieri, Matt>~
1VIAYOR
Tammy de Weerd
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CITY COUNCIL 1VlEMBERS
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. Matt Sevieri
538 E. Red Rock Drive
Meridian, ID 83642
Re: Fence Waiver Application
Dear Mr. Sevieri:
This letter is in response to your fence waiver application for the property
located at 538 E. Red Rock Drive, Meridian. In your application you asked to
be allowed to reduce the setback from 20-feet to 10-feet from the street side
property line along Diamond Creek 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 along
Diamond Creek Avenue.
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 Diamond Creek Avenue.
2. The fence shall be erected so that access is available to the water, gas,
and electric meters on site.
3. You must landscape and maintain the ground area between the fence
and sidewalk.
4. The board side of the fence shall face out toward the street(s).
CITY HALL 33 EAST IDAHO AVENUE MERIDIAN, IDAHO 83642 (208) 888-4433
CITY CLERK-E\X 888-4218 HU\lAN RESOURCES-FAX 884-8723 FRANCE & UTILITY BILLING-FAX 887-4813 41A1'OR'S OFFICE-FAX 884-811~J
5. You must obtain a building permit for your fence from the City of Meridian Building
Department prior to construction
6. 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.
Anna Borchers Can~irlg, AICP
Planning Director
City of Meridian Planning and Zoning Department
Cc: File
Building Department
City Clerk
•
CITY OF MERIDIAN
•
Planning & Zoning Departmgnt
660 E_ Watertower Ln., Ste. 202, Mer~dlan, ID 83642
(208) 884-5533 Phone / (208) 888' 6854 Fax
FENCE WAIVER APPLICATION
(RE: Meridian Zoning Ordinance 12-4-10 Fences)
ECEZVE
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- DEC 1 1 2004
CITY OF MERIDIAN
CITY~I. FRK (~~FI(`
APPLICANT: \v \ c~~ ~ ta! ~~,C~
ADDRESS: S ~~ Cr . R.•~d. Q.~~ ClC ,
PHONE: ~$ - ~$4- l \ \ ~ FAX: N l ~
E-MAIL: (~lo~ _~,~! ~-~' , ¢?`no~ rr`a~~ • c~~"~
OWNER(S) OF RECORD (IF DIFFERENT FROM APPLICANT): ~o.\~-c~ S ~C~.r~ t~'~ ~ ~.s
ADDRESS: ~~----
PHONE: S4,V,~ FAX: ~f11~. E-MAIL: 5~-
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# (~ BLOCK#~ SUBDIVISION: ~~ c~jd,s~t~
PRESENT USE OF SUBJECT PROPERTY: ~.e~\ ~c.,L~
ZONING OF SUBJECT PROPERTY: R. - 4
DESCRIPTION OF THE A~IINIlI~I[TM REQUIREMENTS OF THIS TITLE THAT NEED TO BE REDUCED TO
PERMIT THE PROPOSED FENCE WAIVER? ~ w_~c) ~~~ ~o P~o-w FYn~-~- ~~-^ I~~
w~ ~ ~(`1 c~ ~ p ~1
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 boundaries of
the land being considered.
ATTACH APPLICATION FEE OF: $50.00
ATTACH STATEMENT THAT FENCE IS ALLOWED UNDER THE RESTRICTIVE COVENANTS OF THE
SUBDIVISION OR A COPY OF THE RESTRICTIVE COVENANTS PERTAINING TO FENCES.
Applicant's Signature: ~y,~-~'~ \ ,
~; ~ ~.. ~ = 2004
<'3'il ~'Y,_~~~`Ct'
4.14 Fences. All Lots shall have an enclosed fenced backyazd, however, no fence or wall
of any kind shall be constructed on a Lot unless the plans and specifications therefore, including the
location, design, material and color thereof, have been approved in writing by the ACC prior to the
construction or installation. All fencesand/or walls constructed on a Lot shall be in compliance with
the applicable ordinance of the City of Meridian, Idaho.
In addition to the requirements of the ACC Design Standards applicable to fences, all fences
and walls shall be subject to the following restrictions:
(a) Fences and walls shall not extend closer to any sidewalk than twenty feet (20')
-nor proj ect beyond the front setback of the Dwelling Unit. No fence higher than six feet (6') shall be
allowed without the prior written approval of the City of Meridian (if required) and the ACC.
(b) All fences and walls shall be conshucted and installed and maintained in good
appearance and condition at the' expense of the Owner of the Lot on which they are located and all
damaged fencing and walls shall be repaired or replaced to original design, materials and color
within a reasonable time after said damage occurs.
(c) No fence or wall shall interfere with the use and enjoyment of any easement
reserved in this Declaration or shown on the recorded subdivision plat of the property.
(d) No fence, wall, hedge, high planting, obstruction or barrier shall be allowed
which would unreasonably interfere with the use and enjoyment ofneighboring Lots and streets, and
shall not be allowed if, in the opinion of the ACC, the same constitutes an undesirable, noxious or
nuisance effect upon neighboring Lots.
(e) All fences constructed or to be constructed on common Lot lines shall be
constructed and maintained at the equal expense of the Owners of the two Lots on which they are
located; provided, however, any Owner who constructs a fence on the common lot line without
procuring the consent and agreement of the neighboring Lot Owner shall not be entitled to
reimbursement for any portion of the cost of construction. An Owner may delay construction of any
common lot line fence until the neighboring Lot Owners have built their residence.
4.15 Landscaping. The following provisions shall govern the landscaping of Lots within
the Subject Property:
(a) The Owner shall prepare a landscape plan and shall submit the same to the
ACC. The installation andlor construction of the landscaping shall not commence without the prior
approval of the ACC of the Owner's Landscape Plan. The use of mounds and sculptures in planting
azeas is encouraged. Landscaping of a Lot shall be in accordance with the approved plan.
(b) 70' wide lots and wider shall have:
Havasu Creek Subdivision DeGaration of Covenants, Conditions and Restrictions - 11
• •
^ One coniferous tree of at least 8 feet in height
^ One deciduous tree of at least 2.5 caliper inches
^ Ten 5 gallon plants
^ Fifteen 3 gallon plants
69' wide lots and narrower shall have:
^ One coniferous tree of at least 8 feet in height
or one deciduous tree of at least 2.5 caliper
inches
^ Ten 5 gallon plants
^ Ten 3 gallon plants
(c) The above-referenced required landscaping shall be installed within forty-five
(45) days after substantial completion of the Dwelling Unit on the Lot, with a reasonable extension
allowed for weather.
(d) An underground automatic sprinkler system shall be installed sufficient to
irrigate the entire Lot.
(e) The five foot wide landscape area between sidewalk and curb of each Lot shall
be landscaped by the Lot Owner with trees, sod, and flower beds all as more particularly required by
the ACC Design and Landscape Standards.
4.16 Mailboxes. All mailboxes shall be constructed or installed on any Lot only if in
compliance with the ACC Design Standards.
4.17 Basements. No basements shall be permitted.
ARTICLE 5: WATER SYSTEMS
5.1 Domestic Water. Each Lot shall have access to a domestic water system to be owned
and operated by the City of Meridian. The domestic water system will provide water for culinary
and other ordinary domestic household use and is not to be used to water a lawn, pasture, landscaped
area or other similar areas except for Lots which do not have access to the irrigation system and for
all Lots during those times of year when water is not being supplied by the irrigation system. Water
from the domestic water system for irrigation purposes will be subject to rules of the City of
Meridian and, in any event, is subject to availability. Water from the domestic water system shall
not be used for any swimming pool or to supply any exterior decorative pond, or any other similar
use or system without the prior written approval of each such use by the City of Meridian. The
Association may elect to receive water for irrigation of the Common Area from the City of Meridian
when water is not being supplied by the imgation system, which use shall be paid by the Association
Havasu Creek Subdivision DeGaration of Covenants, Conditions and Restrictions - 12
~ ~
Order No.: A0430675
CORPORATION WARRANTY DEED
For Value Received WESTROCK HOMES, INC , AN IDAHO CORPORATION
A Corporation duly organized and existing under the laws of the State of IDAHO hereby Grant, Bargain,
'~ Sell and Convey unto MATTHEW J. SEVIERI and KALIE SEVIERI, HUSBAND AND WIFE
Whose current address is: 538 E. RED ROCK DR. MERIDIAN, ID 83642
The following described real estate, to wit:
Lot 11 in Block 4 of COBRE BASIN SUBDIVISION NO. 1, according to the official plat thereof, filed in
Book 87 of Plats at Page(s) 9891 through 9893, official records of Ada County, Idaho.
TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee, heirs and
assigns forever.
The Grantor does hereby covenant to and with the said Grantees, that it is the owner in fee simple of said
premises; that it is free from all encumbrances, EXCEPT those to which this conveyance is expressly made
subject and those made, suffered or done by the Grantee: and subject to restrictions, dedications, easements,
rights of way and agreements, (if any) of record, and general taxes and assessments, including irrigation
and utility easements, (if any) for the current year, which are not due and payable, and that Grantor will
warrant and defend the same from all lawful claims whatsoever. In constraining this Deed and where the
context so requires, the singular includes the plural, and the masculine, includes the feminine and neuter.
IN WITNESS WHEREOF, the Grantor, pursuant to a resolution of its Board of Directors has caused its
corporate name to be hereunto subscribed.
Dated: 11/02/04
WESTROC HOMES, INC, by:
KELLY A. COFFER, It's PRESIDENT
STATE OF IDAHO
COUNTY OF ADA AA''
ON THIS ~~DAY OF JvOR IN THE YEAR 2004 ,BEFORE ME, THE UNDERSIGNED, A
NOTARY PUBLIC IN AND FOR SAID STATE PERSONALLY APPFaRFn xFr r v a r nrF~n _ __- --
_-_'-° °-i~'dCTTC"i'Q1~IE'I'O T E P SIDENT OF THE CORPORATION THAT EXECUTED THIS
INSTRUMENT AND THE PERSON WHO EXECUTED THE INSTRUMENT ON BEHALF OF SAID
CORPORATION, AND ACKNOWLEDGED TO ME THAT SUCH CORPORATION EXECUTED THE
SAME.
IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND AND AFFIXED MY OFFICIAL
SE THE DAY ANDY R THIS CE TIFICATE FIRST ABOVE WRITTEN.
TARA M. CLIFFORD
RESIDING AT: MERIDIAN
MY COMMISSION EXPIRES ON:06/18/10
www. titleonecorp. com
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RADIUS NOTICE REPORT FILE NAME: Sevieri
17-Dec-2004
Owners Owner Address
COBRE BASIN HOMEOWNERS ASSOCIATION
Property Address: E LAVA FALLS ST
COBRE BASIN HOMEOWNERS ASSOCIATION
Property Address: E LAVA FALLS ST
COBRE BASIN HOMEOWNERS ASSOCIATION
Property Address: E RED ROCK DR
COLSON RYAN D
COLSON BRENDA D
Property Address: 551 E RED ROCK DR
4487 N DRESDEN PL STE 102
BOISE, ID 83714-0000
4487 N DRESDEN PL STE 102
BOISE, ID 83714-0000
4487 N DRESDEN PL STE 102
BOISE, ID 83714-0000
551 E RED ROCK DR
MERIDIAN, ID 83642-3742
CREEKSIDE INC 2480 N BULLOCK AVE
MERIDIAN, ID 83642-8082
Property Address: 4461 N DIAMOND CREEK AVE
FISCHER THOMAS W 626 E RED ROCK DR
FISCHER LEANNA A MERIDIAN, ID 83642-0000
Property Address: 626 E RED ROCK DR
~~y CARL 571 E LAVA FALLS ST
HENRY DEBRA MERIDIAN, ID 83642-0000
Property Address: 571 E LAVA FALLS ST
HILL MICHAEL B 2870 N HIGH DESERT WAY
HILL CASSIE C MERIDIAN, ID 83642-0000
Property Address: 496 E RED ROCK DR
HOME GROUP INC 2268 W CHAMPAGNE CT
EAGLE, ID 83616-0000
Property Address: 504 E HAVASUPAI ST
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Owners Owner Address
HOME GROUP INC 2268 W CHAMPAGNE CT
EAGLE, ID 83616-0000
Property Address: 519 E RED ROCK DR
HOME GROUP INC 2268 W CHAMPAGNE CT
EAGLE, ID 83616-0000
Property Address: 582 E RED ROCK DR
KEEFE TRICIA L 579 E RED ROCK DR
KEEFE ROMAN C MERIDIAN, ID 83642-0000
Property Address: 579 E RED ROCK DR
COFFER CHRISTOPHER J 584 E LAVA FALLS ST
COFFER CAROLYN C MERIDIAN, ID 83642-0000
Property Address: 584 E LAVA FALLS ST
NEWELL JACQUELINE 560 E RED ROCK DR
MERIDIAN, ID 83642-0000
Property Address: 560 E RED ROCK DR
PANLILIO BIENVENIDO C JR 525 E RED ROCK DR
PANLILIO CHRISTYN L MERIDIAN, ID 83642-0000
Property Address: 525 E RED ROCK DR
SSTB LLC 19849 W TREELINE CT
BOISE, ID 83713-0000
Property Address: 486 E HAVASUPAI ST
SSTB LLC 19849 W TREELINE CT
BOISE,ID 83713-0000
Property Address: 495 E RED ROCK DR
SSTB LLC 19849 W TREELINE CT
BOISE, ID 83713-0000
Property Address: 526 E HAVASUPAI ST
SSTB LLC 19849 W TREELINE CT
BOISE, ID 83713-0000
Property Address: 552 E LAVA FALLS ST
•
Owners Owner Address
STEINER DEVELOPMENT LLC 554 E BELLEVUE RD STE B
ATWATER, CA 95301-0000
Property Address: N MERIDIAN RD
TAHOE HOMES LLC 2011 N LOCUST GROVE
MERIDIAN, ID 83642-0000
Property Address: 548 E HAVASUPAI ST
TRI-CEDARS MANAGEMENT LLC P O BOX 4817
BOISE, ID 83711-0000
Property Address: 570 E HAVASUPAI ST
WESTROCK HOMES INC 512 W ASHBOURNE DR
EAGLE, ID 83616-6425
Property Address: 520 E LAVA FALLS ST
WESTROCK HOMES INC 512 W ASHBOURNE DR
EAGLE, ID 83616-6425
Property Address: 539 E LAVA FALLS ST
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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 Matt Sevieri 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 538 East Red Rock
Drive, Meridian, Idaho. The Applicant proposes a reduction of the required
distance from twenty (20) feet to ten (10) feet from property line along Diamond
Creek 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 538 East Red Rock Drive is more particularly described as
Lot 11, Block 4 of Upper Basin Subdivision, Meridian, Ada County, Idaho.
Any and all interested persons are welcome and invited to submit
comments.
Dated this 20"' of December, 2004. tip`'``+~+"+'~«,,~ff~~r
.c~ ~~~~,
:Y
William G. Berg, Jr. -City lerk _ ~`#
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PUBLISH 27~' of December, 2004 and 3~d of January, 2005. ~~ 1~`' ,~ r
%q® ~T 1`3~ , Kt,
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y//~~~~ ~~~ly~;~!e e"F ~i ~ . ~ ~xa s
Dec 28. 2004 2;51PM
660 E. Watertower Lane, Suite 202
Meridian, ID 83642
Phone: (208)8845533
Fax: (203)888-6864
No•6920 P• 1
To: Tara From: Barbara Shiffer
Fax: Date:
Phone: Pages: (Induding cover)
Re: Matt Sevieri (Fence Waiver Objections) cc:
^ Urgent X For Review ^ Please Comment ^ Please Reply ^ Please Rerycle
• Comments
DEC 28 '04 14 11 PAGE.01
Dec•28~ 2004 2~52PM
December 2I, 2004
City of Meridian
Planning and Zoning Department
C/o Sonya Allen
660 E Watertower Inane
Suite 202
Meridian, ID 83642
Re: Fence waiver request (see attached document)
Dear Ms. Allen,
No•6920 P• 3
One of the compelling reasons my wife and I selected this subdivision was its
commitment to landscaping, common areas, and its ability to provide a sense of open-
space. One need only walk the main entrance to enjoy the trees and distance from homes
the initial plan provides. We understand and appreciated the value of the CC&Rs. We
were advised, prior to the build and again at closing of the terms we accepted. We have
an expecxation that others will live up to those same commitments for the good of the
community. My wife and I would not be in favor of approving the attached waiver
request for those very reasons.
Please advise us in the event a hearing on this subject is scheduled.
Y
Carl J Henry Debra M Henry
571 E Lava Falls St
Meridian, ID
(208)895-8654
DEC 28 '04 14 11
PAGE.03
RECEIVED
Valley Times JAN - 7 2005
P.O. Box 1790 City of Meridian
Eagle, Idaho 83616 City Clem Office
LEGAL ADVERTISING PROOF OF PUBLICATION
Account: -T~,t Y' i~d t~ a ~ Identification: ~e~/ ~ ~. V, ~ ~.~ n ,t,z t ~r~ , tnJ cv~ /e t~
Address: 3 3 F - ~ d ~ ~ ~ ~ e - Run Dates: ~ 2 " 2, ~ (7 y ~ ~ - 3 ' ~ ~
~ ~ r t~ d ~'~ r1 TIC
~~ y Z Number Lines 3ro Amount 2 b ~y
Attention:
Other ~ `~ , ~ ~~
Frank Thomason, being duly sworn, deposes
and says: That he is the Principal Clerk of
Vallev Tlmac ~ •yeekly newspaper published at "s ~ + "J
--
~4---:-~ M..,.;~l~r _ . _ ty State of Idaho; that the said
_ °y ~ general circulation in the said
City of Meridian
NOTICE OF APPLICATION ~ I - 3 `o'ff and in the vicinity of Meridian,
- -Fug Fence wetver - - ,the city °f 'and has been uninterruptedly
fed ""tb the said Coun Burin a eriod of
. NOTICE IS .HEREBY GIVEN, pursuant to the. Ordinances of the City of er ftom.the' ~ g p
Meridian and the.l~ws of'the State of Idaho, that-Matt Sevieri fias filed with the ~ I?cutive weeks prior to the first
ock.I)rtve,
Zoning Administrator,of;the City of Meridian an appl.cation for a Waiver from the (stance fzom_ le, a copy of which is attached
Fence Ordinance regarding her property located at'S38 East Red Rock Drive, i;e1e Avenue. `~ t the notice was published in
Meridian, Idaho. The app~tcant proposes a reduction of the regtitred distance from. "iithn fifteen ~nformlty with Section 60-108,
twenty '(20) feet to ten (14) feet from progertp ~ine,;algng D~iaapgtld creek Avenue. scd~to the
Comments ejther for.. or against, said application must be filed within fifteen ~ 5 amended, for "L time(s)
15 da s after an, 660 E..
( ) y the initial .publication of t}is notice aiid shall be-addressed to e: ~nd compel- ntlre issue Of said paper, and
~`
Planning; & Zoning Department, e/o $otya r4ilen, -City of Meridian, 660 L: WSpaper proper, and not In a
} may sctied-
Watertower Ln $mte #202, Meridian, Idaho. If thete are pettirient and compel- i ~ _ at Sald nOtlce W8S pUbhShed
ling objections filed within the time allowed', the Zoning Adtttinistrator-may sched- On the fOIIOWIng dates:
escribed as
ule a hearing on (fie applicgtion. ~ _ , ~ ,~ 7 z OC
The :property at 538 icast Red I3dck Drive is more.~artiCUlarly,~escribed ns o. I`~ ~~
Lot 11 Block 4, Upper Basin Subdivision, Mendiap, Add County, Idaho. t comments.
Any and all interested persons are welcome and -incited to submit eomrnents:
Dated this_ 20th of December 2004. ~
,y~uu,r~. 3 Z.(J10~
William G. Berg, Jr -City Clerk -
PUBLISH 27"' of December 2004 acid 3'~ of January 2Q05. " ~~~~ ~ 4Jrn ~ ~~
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PUBLS
STATE OF IDAHO )
)SS
~/ .i,. COUNTY OF ADA )
On this T day of ~-c a in the year of 200 ~'
before me, a Notary Public, personally appeared
Thomason, known or identified to me to be the person
`~, whose name is subscribed to the within instrument,
~ hand being by m first duly savor , declar d that the
~nts herein true, and ac wled to me that
g # ~ ~ e ex ed the same.
~~' ~'a~....•• ~®
-.,~~9TE OF I~~`~
•~~~Yd 1!!!lib y9b
.~ Notary Public for Idaho
Residing at Boise, ID
My Com 'Sion expires:
1
CITY OF MERIDIAN
NOTICE OF HEARING
NOTICE IS HEREBY GIVEN, pursuant to 12-4-10 0# 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 Matt Sevieri for a waiver from the Meridian Fence Ordinance at
the property legally described as follows: Lot 11, Block 4 of Upper Basin
Subdivision and known by the address of 538 East Red Rock Drive. The
Applicant proposes a reduction of the required distance from twenty (20) feet to
ten (10) feet from property line along Diamond Creek 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 deasion 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 11-1-11A.
DATED this 19~' day of January, 2005.
~o
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