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Tafuri, Jennifer CITY OF MERIDIAN Planning & Zoning Department 660 E. Watertower Ln., Ste. 202, Meridian, ID 83642 (208) 884-5533 Phone / (208) 888-6854 Fax FENCE WAIVER APPLICATION (RE: Meridian Subdivision Ordinance 12-4-10 Fences) APPLICANT:_~ )~IJ1J \'F~ '2.. ~ ~~~ ADDRESS: PHONE:. rI~~S~FAX: E-MAIL: 12.'~~i i r ~ ~~h ~ O . ~ (~1'V ~ OWNER(S) OF RECORD (IF DIFFERENT FROM APPLICANT): ADDRESS: ~I~MG~ PHONE: E-MAIL: FAX: 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: - S PRESENT USE OF SUBJECT PROPERTY: ~2~ CC~_O,Y\~-1 [ ~` ZONING OF SUBJECT PROPERTY: DESCRIPTION OF THE MINIMUM REQUIREMENTS PERMIT THE PROPOSED FENCE WAIVER? S THAT NEED TO BE REDUCED TO 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: X50.00 ATTACH STATEMENT THAT FENCE IS ALLOWED UNDER THE RESTRICTNE COVENANTS OF THE SUBDIVISION OR A COPY OF THE RESTRICTIVE COVENANTS PERTAINING TO FENCES. Applicant's Signature: • • _ __ _ ADA COUNTY RECORDER J. DAVID NAVARRO 1 BOISE IDAHO OBf16103 05:01 PM DEPUTY Michelle Turner RECORDED-REQUEST OF III IIIIIIIIIIIIIIIIIIIIIIIIiIII III III Title One 103138542 AMOUNT 3.00 www.titleonecolp. com Order No.: A0321325 ~~( ~~ CORPORATION WARRANTY DEED For Value Received HERITAGE HOMES, INC. A Corporation duly organized and existing under the laws of the State of IDAHO hereby Grant, Bargain, Sell and Convey unto JENNIFER E. TAFURI, A SINGLE PERSON ~%" "ose current address is: 3752 NORTH ALEXIS WAY, MERIDIAN, ID 836 The following described real estate, to wit: Lot 8 in Block 10 of CEDAR SPRINGS SUBDIVISION NO. I, according to the official plat thereof, filed in Book 85 of Plats at Page(s) 9554 through 9556, and as Amended by an Affidavit recorded January 14, 2003 as Instivment No. 103006830, 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: 08/13/03 HERITAGE HOMES, BY: GARY ANDERSON, PRESIDENT STATE OF IDAHO COUNTY OF CANYON ON THIS ~ DAY OF AUGUST IN THE YEAR 2003 ,BEFORE ME, THE UNDERSIGNED, A NOTARY PUBLIC IN AND FOR SAID STATE PERSONALLY APPEARED, GARY ANDERSON KNOWN TO ME TO BE THE PRESIDENT 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 SEAL THE DAY AN YEAR IN THIS CERTIF CATE FIRST ABOVE WRITTEN. BA EHL RESIDING AT: MERIDIAN MY COMMISSION EXPIRES ON:06/12/09 .BARBARA EHLE Notary Public State of Idaho ~ . • X Pao.., ~~ cSV~ ~'~ v ~ C~1,C-L, '. r~~cs-, ~ a~~~ ~ ~.v ~~La~.~G~-~s czS I l~s} ~~` ~ ~-~-- ~~ dot c~~ ~.~ e J U "~` ~ S1 c~ -e.. e7-~ '~ ~~ . `~~. S~~ ~v..1c~,~ Sy s'c~e vim. v~QS des `~~ e ~ ~ ~r-ec~-~~r. ~~ow~ -~_ ~, ~5-~. -4~ ~-~2. s~o~ev~c~.~ ~ i ex ~.,p~ ' ~ 2 ~ ~, ~-1~ ~ ,~~~~~~ •~ x k J 30' ~ ~. f /tS~ ~Ca~J -~ b~ c~.~~. ~ ex~-e~c~- ~~ ~-ean cam. `T c~ cask--~ . - Y~ . ~~.~.~ a~'r ~ -~. -s~e~~.~c~k_ so cis -~ ~ o~b~ ~ o~s-~r- ~~.e~,,,^ ~ u.~c~'~-e.,r o~ -5~o1.s~, ~4- c~,rv~e~~- ~-~e~.,es~ \~~~ ~ . ~ ~ RADIUS NOTICE REPORT FILE NAME: tafuri2 YS Ma~2004 Owners Owner Address ALLCOTT SHANON M 3872 N ALEXIS WAY MERIDIAN, ID 83642-0000 Property Address: 3872 N ALEXIS WAY BECKER ALAN W 3887 N PRICE WAY BECKER LEONA E MERIDIAN, ID 83642-0000 Property Address: 3887 N PRICE WAY BRAY ANTHONY JOSEPH 3847 N ELSINORE WAY BRAY LISA MARIE MERIDIAN, ID 83642-0000 Property Address: 3847 N ELSINORE WAY BRILL DONALD A 280 W ASHTON DR BRILL BARBARA A MERIDIAN, ID 83642.0000 Property Address: 280 W ASHTON DR BROWN REESA J 3854 N PRICE WAY FASSETT RANDOLPH D MERIDIAN, ID 83642.0000 Property Address: 3854 N PRICE WAY CATT PAUL 3697 N PRICE WAY CATT ALICIA MERIDIAN, ID $3642-0000 Property Address: 3697 N PRICE WAY CEDAR SPRINGS NEIGHBORHOOD 4822 N ROSEPOiNT WAY STE C BOISE, ID 83713-0000 Property Address: W ASHTON DR CEDAR SPRINGS NEIGHBORHOOD 4822 N ROSEPOINT WAY STE C BOISE, ID 83713.0000 Property Address: W ASHTON DR COMOROSKY MARTIN J 3804 N ALEXIS WAY COMOROSKY MARGARET E MERIDIAN, ID 83642-0000 Property Address: 3804 N ALEXIS WAY 1 ~ ~ Ognere Owner Address DANIELSON GALEN E 3823 N ALEXIS WAY DANIELSON BERME J MERIDIAN, ID 83642-0000 Property Address: 3823 N ALEXIS WAY DILDINE DERIN 3732 GREENWICH WAY DILDINE JERYL MERIDIAN, ID 83642-0000 Property Address: 3732 N GREENWICH WAY PLATEN ROBERT M 3787 N ALEXIS WAY MERIDIAN, ID 83642-0000 Property Address: 3787 N ALEXYSS WAY GRAFFIS TODD A 3813 N ELSINORE WAY GRAFFIS TERESA M MERIDIAN, ID 83642-0(~0 Property Address: 3813 N ELSINORE WAY HANDLEY PATRICK D 2381 W CHATEAU DR HANDLEY JANET L MERIDIAN, ID 83642-3805 Properly Address: 3654 N ALEXIS WAY HEATH TRAVIS D 3$55 N PRICE WAY MERIDIAN, ID 83642-0000 Property Address: 3855 N PRICE WAY HIXSON AARON R 3770 N GREENWICH WAY HIXSON DANA W MERIDIAN, ID 83642-0000 Property Address: 3770 N GREENWICH WAY HOLDER RHONDA K 3718 N PRICE WAY MERIDIAN, ID 83642-0000 Property Address: 3718 N PRICE WAY LAHORE TAMRA 406 W ASHTON DR MERIDIAN, ID 83642-00(8? Property Address: 406 W ASHTON DR MONTGOMERY HENRY L 3820 N PRICE WAY MONTGOMERY TERESA K MERIDIAN, ID 83642-0000 Property Address: 3820 N PRICE WAY 2 ~ ~ Owners Owner Address PARKER LANDON S 3773 N ALEXIS WAY PARKER JEANETTE M MERIDIAN, ID 83642-0000 Property Address: 3773 N ALEXIS WAY PETRAITIS MICHAEL T 3768 N GREENWICH WAY PETRAITIS PAULA L MERIDIAN, ID 83642-0000 Property Address: 376$ N GREENWICH WAY PIONEER HOMES INC 719 1ST ST S NAMPA, ID 83651-0000 Property Address: 3681 N PRICE WAY PURNELL DENISE A 3786 N ALEXIS WAY MERIDIAN, ID 83642-0000 Property Address: 3786 N ALEXIS WAY RAHL GRETCHEN 3751 N PRICE WAY RAHL RICHARD MERIDIAN, ID 83642-0000 Property Address: 3751 N PRICE WAY ROESLER JONATHAN M 3842 N ALEXIS WAY ROESLER REBECCA L MERIDIAN, ID 83634-0000 Property Address: 3842 N ALEXIS WAY SEADER CAMERON 3'75 N PRICE WAY SEADER CARLY D MERIDIAN, ID 83642-0000 Property Addresa: 3775 N PRICE WAY SNYDER ADAM J 3886 N PRICE WAY SNYDER ANNA C MERIDIAN, ID 83642-0000 Property Address: 3886 N PRICE WAY TAFURI JENNIFER E 3752 N ALEXIS WAY MERIDIAN, ID 83642-0000 Property Address: 3752 N ALEXIS WAY WALKER JACKIE 311 S MALACHITE AVE MERIDIAN, ID 83642-0000 Property Address: 291 W ASHTON DR 3 Owners WICKHAM JAY L WICKHAM TERI A Property Address: 3841 N PRICE WAY WICKHAM LARRY E WICKHAM DEBBIE L Property Address: 407 W ASHTON DR Owner Address 3841 N PRICE WAY MERIDIAN, ID 83642-0000 5977 N SERENITY LN MERIDIAN, ID 83642-0000 4 ~~ ,' • . Valley Times P.O. Box 1790 Eagle, Idaho 83616 LEGAL ADVERTISING PROOF OF PUBLICATION Account: d /~ -eri ~ ~ ~u>n Identification ~uN m ~ zoos City of Meridian City Clerk Office Ta~ur i - ~~eu cCe ~ ~.e n c. e U rd - Address: 33 C - Ld a ~-o lay ~• • Run Dates: S ~ 2 y ~ 5 ' 3 1 ~ ~ y Wuivtf (~ ~ ~' ~ ~ of t' w„ 3 c~ , S ~1 ~j ~o y Z- Number Lines Amount ~6 , 2:Z- __-- Attention: Other 5 b . ~ 1 _ Frank Thomason, being duly sworn, deposes -a ~~,-~• That hP is the Principal Clerk of City of Meridian Edtan `i NOTICE OF APPLICATION y ~ ('- ) l~_ ~l! per pUbllShed at For Fence Waiver ~ ~ ~ ~ ~~ ICATION J (. l h0; that the said NOTICE IS HEREBY GIVEN, pursuant to the Ordinances of the City of ~nt to the Ordinances of the City of ation in the said Meridian and the laws of the State of Idaho, that Jennifer E. Tafuri and Cameron Ehat:Jennifer E. Tafux and Cameron Wiry Of Meridian, and Carly Seader have-filed with the Zoning Administrator of the City of Merid- g Administrator oin~tlie City of Merid- I Uninterruptedly ian an application fora "Waiver'from the Fence Ordinance tegarding the properties ce'Ordinanee regardixlg the properties wring a period of located at 3752 North Afe$i5 Way'and 3775 North"Price Way,,Meridian, Idaho. North PJ'1iCS WaY> Meridian, Idaho. The Applicants propose a'ieduction of the required distance prlOr t0 the first to five (5) feet from the street side property line. from twenty (20) feet 4uired dbstanee from twenty (20) feet ''hlCh is attached Comments, either for or against, said application must be filed with the Zon ?Plication must be filed with the Zon- ing Administrator within fifteen (15) days after the initial publieation of this notice m.-qte initial, publication of this notice vas published In Section 60-108, and shall be addressed to Anna B. Powell, Zoning Administrator,,City of Meridian, ming Adminiatr€ctcSr, City of Meridian, ~Sr Z time(s) 660 E. Watertower Ln., Suite #202, Meridian, Idaho. If there are pertinent and n, Idaho ,If• there' are pertinent and 5ald paper, and compelling objections filed within the time allowed, the Zoning Administrator may fo~Y~~ the.Zpnin~ Administrator may ?er, and not In a schedule a hearing on the application. The properties at 3752 North Alexis Way and 3775,North Price Way is ~'ay and 37,25 North I'tice Way is ~ was published more particularly described as Lot 8 Block 10 and Lot 7 Block 10 of Cedar Springs 'and Lot 7 Block 10 of Cedar Springs ifollowing dates: Subdivision, Meridian, Ada County, Idaho.. - ~ ~ (~ -Any and all interested persons are welcome and invited to submit comments. ome and invited to, submit comments: ~ Dated this 19'" day of May 2004. William G. Berg, Jr -City Clerk ~ ~ ~ Z~^O~ PUBLISH 24"' and 31s' of May 2004, V STATE OF IDAHO ) )SS ti~ ~ COUNTY OF ADA ) On this day of ~ u ~`~" 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 subscribed t the within instrument, ,,.Ga A~C~~ and being by me first duly worn, decl red that the ~~ }1 ~ tements h mare true, a cknowle ed to me that ,~~ ~pTARp ~ he a cuted the same. * «~ ~ - ~ Notary Publico ` pUBL1G Residing at Boise, ID ~~ ~•• O~ My Comm' sion expires: ~~;,~5_} 3 a~db o +~' •••••• ~ + L ~ECEIVEI~ 06/22/2004 12:30 FAX 2088886854 • 660 E. WateAcwer Ln_, Ste. 202 Meridian, ID 83642 Phone: (208)88A-5533 Fax (208)888-68.,4 MERIDIAN P&Z DEPT i City Clerk • to: Tara /Jessica Prone Sonya Allen Fa~c DaR~es 6/22104 Phone: Pages: 8 (Including cover) Rec Tafuri/Seader Fence Waiver Application r.~ ^ Urgent ^ Eor Review ^ Please Comment ~ Please Reply ^ Pl~~ Reaycre •Co~nmerrts X001 JUN 22 '04 12 48 2088886854 PAGE.01 06/22/2004 12:30 FAIT 2088886854 • June 14, 2004 MERIDIAN PAZ DEPT. Anna B. Powell Zoning Administrator City of Meridian 660 E. Watertower Ln. Suite #202 , Meridian, Idaho 83642 Re: Jennifer E. Tafuri 3752 North Alexis Way and Cameron and Carly Seader 3775 North Price Way. Dear Ms. Powell, -~ City Clerk ~~~~ JUa ~ ~ 2004 CYT% Uk` YD~ PLANNII~TG ~ 7AN1~1TG @) 002 1 am writing to you in support of permitting the fence waiver as requested by the above parties. --- - _. ._ - _ .. .._ _ _ I live next door to Ms. Tafuri. As I drive into the Cedar Springs community I notice that exactly at the corner of Alexis and Ashton (Tafuri residence), is where the developers of Cedar Springs have narrowed the streets and are building the houses closer to the curb. The house directly across the street from Ms. Tafuri is only a sidewalk and small yard width to the street. By permitting the waiver you will be installing an element of safety for all drivers and children in the area because hopefully drivers will notice a difference in the surroundings (however slight), and slow their vehicles as a natural reaction. Additionally, there is a curve just'/2 blocks ahead of the Alexis/Ashton intersection which could benefit if this fence is installed as requested. I plan to live in this community a very long time and I do not think the aesthetics will suffer at all with this waiver. In fact, as I mentioned, I believe that fencing as requested will be a safely net for all concerned. Please favorably consider and grant this request. . Thank you., ._ _ ..... . . ,~.. Q. Denise Purnell 3786 No. Alexis Way Meridian, Idaho 83642 (208) 887-9239 Email: devise .purnell.com JUN 22 '04 12 49 2088886854 PAGE.02 06/22/2004 12:30 FAX 2088886854 MERIDIAN P&Z DEPT -~ CitY Clerk S1! N Price ~%v'a~• Me. idian. Id S a May 31, 2004 Anna B. Powell _ .. .. ~ .. Zoning Administrator City of Meridian Deaz Ms. Powell, We are writing this letter to you in protest to the proposed Waiver from the fence ordinance regazding the property located at 3752 N. Alexis Way and 3775 N. Pricy Way. We own lwo homes is [his subdivision, 3841 and 3612 N. Price Way. We arc totally opposed to the proposed fence waiver. When we bought in here we agreed to abide by the CC&1t's that exist to protect property values_ As you can see by the copy of the fence requirements, this waiver is not acceptable. We plan to live: here for a long time and as avcryonc else here has agreed to abide by the rules, there can be no gain in accepting waivers. This fence condition is stated clearly in the CC&.l!t's and we all expect everyone to play on a level playing field. A large part of the attractiveness of this subdivision is the open feeling when entering slid these fences would totally distract 5•om that very feeling. We have some very expensive homes in here and it would be a shame to ruin the look and feel that we have all worked very hard to maintain. $i e Jay and Teri Wickham 3841 N. Price Way Meridian, ID 83642 208-888-1115 S . VdZ 0 ~ o.Kr- '~i,c,7 a .-r ~l.D rµe•a ~ S ~ I S o /d G o 4"a~ L1~ ~ 003 JUN 22 '04 12 49 2088886854 PAGE.03 06/22/2004 12:90 FAX 2088886854 MERIDIAN P&Z DEPT. -~ City Clerk Anna B. Powell, Zoning Administrator City of Meridian 660 E. Watertower Ln, Suite 202 Meridian, Idaho RE: Fence Waiver requested by 3753 North Alexis Way and 3775 North Price Way Cedar Springs Subdivision, Lot 8, Block 10 and Lot 7, Block 10 Jennifer E. Tafuri and Cameron and Carly Seader APPLICANTS PROPOSE A WAIVER FROM T1iE FENCE ORbTNANCE: REDUCTION OF THE REQUIRED DISTANCE FROM TWENTY (20) FEET TO FIVE (5) FROM THE STREET SIDE The followi~ continents are to support a position AGAINST APPROVING TAE • The CC&R's require "For corner lots, the fence along the side street shall be at least fifteen (15) feet from the back of the sidewalk. (The back of the sidewalk is the side away from the street)." • The map that was attached to the letter does not accurately describe where the two homes sit within the subdivision. The two homes are on the major toad into the subdivision at this time, Ashton. • The Developer has wide expanses of grass and trees and corner landscaped areas as you enter for approximately four blocks into the subdivision common The grass areas are all 15-20 feet wide before the fenees_ • These two homes have their back yards together on the approximate fifth block, and this would represent an inconsistency in the overall plan design seeing almost one solid block of fence five feet from the street. . This is a new subdivision. The developer has not turned over the subdivision to a homeowner's association as yet_ Many homes are still being built and unoccupied .. ... in the first two phases. ._ . _ . • The home across the street from 3753 N. Alexis is still being built and for sale. The owners to be yet determined certainly should have a say in this fence waiver issue. • Phase 3 is just starting, with 90 additional homes_ The majority of these homeowners will be driving up Ashton, past this fence and should be allowed to have a voice in the waiver also. f~j 004 • A waiver of this nature would start a precedent that could detract from the feeling of openness the developer has achieved in the planning of the subdivision. J~' S~ a ~ ~. ~~~ ~~ JUN 22 '04 12 49 2088886854 PAGE.04 06/22/2004 12:1 FAX 2088886854 05/?7/2004 01:54 BE649'6 MERIDIAN P&Z DEPT. -~ City Clerk VALLEY PROPERTY • Cedar Springs HOA C/O Valley Property Management P.O. Box 44739 Boise, YD 83711 (208) 888.947 May 2fl, 2004 Jennifer E. Tafuri 3752 N. Alexis Way Meridian, Idaho 83642 Dear Ms. Jennifer Tafuri, ~ oos PAGE 64 The associations CCR'S are for the benefit of all owners who live within the cornmwnlty. They are designed to help us keep the neighborhood a desirable and attractive place to live, not to mention help u,5 protect our investments. Ih a recent drivE through of the commur-iry, a violation was noted, which is the reason for this communication. Below you wi]1 find the description of the violation on your lot. A,rehitertural Approval Needed: No approval for yowr fence variance has been approved by the cor~amunity. You must subuxit plans to the association before you construct the fence. The City does not have final approval for this variance the association does. A copy of this letter has been forwsrd to The City planning and Zoning Administrator. We would appreciate this violation being resolved withixe 5 days from the date fxom this letter. Should you have any questions or concerns, please feel Erec to contact us. We thank you in adva»ce for umd.esstaading and willingness to help us help the cvmmuniry. Sincerely, Michael Faxlow Manager Cedar Springs HOA JUN 22 '04 12 50 2088886854 PAGE. 06 C~ CITY OF MERIDIAN 5~ 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 Jennifer E. Tafuri and Cameron and Carly Seader 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 3752 North Alexis Way and 3775 North Price Way Meridian, Idaho. The Applicants propose a reduction of the required distance from twenty (20) feet to five (5) feet from the street side property line. 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 Anna B. Powell, Zoning Administrator, 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 properties at 3752 North Alexis Way and 3775 North Price Way is more particularly described as Lot 8, Block 10 and Lot 7 Block 10 of Cedar Springs Subdivision, Meridian, Ada County, Idaho. Any and all interested persons are welcome and invited to submit comments. Dated this 19"' of May, 2004. ~~ William G. Berg, Jr - PUBLISH 24~" and 31~ of May, 2004 .~`~~~`~'t OF ME~f~~-9~~~''% G~ \~Gp€~P~RgTFO '~ :i -_ SEAL - ~, Clerk ~~ 9 ~USr 1ST • ~~ ~~ c~'= 0,9 ~ Op, ~~~~Ilii~'~iii 1111~~~~~~ t 1200 Feet USTICK RD s VICINITII( MAP 1"=300' r_~1 ASHTON DR SETTLERS PARK 0 z Q 0 w z E 0 X001 600 900 1200 Feet