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Shipley, Casey CITY OF MERIDIAN Planning & Zoning Department 660 E. Watertower Ln., Ste. 202, Meridian, ID 83642 (208) 884-5533 Phone / (208) 888-6854 Fax FENCE VARIANCE APPLICATION (RE: Meridian Zoning Ordinance -Section 11-15 and l 1-16) APPLICANT NAME: C~-S~~ S ~, PHONE: ~S . ~~ S ~ ASS ADDRESS: 3~jZa No < Ty~2~ k}ve. YI/)~~ A~~ _L~ ~3C9y2 OWNERS NAME & ADDRESS: (If different than above) PROOF OF OWNERSHIP: (Copy of deed or optionQmust be attached) LEGAL DESCRIPTION OF PROPERTY: LOT# U BLOCK#~ SUBDIVISION: S~~1JCE ~~~ PRESENT USE & ZONING OF PROPERTY: I ~~S c c~ENr r A ~- x` 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. Description of requirements of the ordinance that need to be reduced to permit the proposed fence: rrv Eon /l~`~S~T G;,4c!< Ford ~~/uL' ~ 1rySrr~r~ oi- ZOO 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: Date Received: Committee Hearing Date: Received By: u N c~ N .~ H • Z E. Cornell Dr. • 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 Casey Shipley has filed with the Zoning Administrator of the City of Meridian an application for a Waiver from the Fence Ordinance regarding his property located at 3920 N. Tupiza Avenue, Meridian, Idaho. The Applicant proposes a reduction of the required setback distance from 20 feet to 10 feet from sidewalk. 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 3920 N. Tupiza Avenue is more particularly described as Lot 8, Block 4 of Sundance Place, Meridian, Ada County, Idaho. Any and all interested persons are welcome and invited to submit comments. Dated this 8t" day of June, 2005. _~~,~-~. William G. Berg, Jr - PUBLISH 13t" and 20t" of June, 2005. s,~ F+ ~% ~ ~~ ~~~ ~. r Clerk `~~~ ~`~~f ,, '~ ,; F, y~~ a ~,~ 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 Casey Shipley 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 3920 N. Tupiza Avenue, Meridian, Idaho. The applicant proposes a reduction of the required setback distance from 20 feet to 10 feet from sidewalk. 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 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 3920 N. Tupiza Avenue is more particularly described as Lot 8 Block 4, Sundance Place, Meridian, Ada County, Idaho. Any and all interested persons are welcome and invited to submit comments. Dated this 8t" day of June, 2005. William G. Berg, Jr -City Clerk PUBLISH 13t" and 20t" of June, 2005. I~ i i _. __._. I ~ _ ~ ~ ~-- L r ~~ _. ~ __ 1 '~ ~ = - ~~I z __ -1_-, ~, L~~~_J~-~,, r I ~ ~~ L _~~ __ _ 1; _ ~ -r- ~ ~ TL,1 ~,~~ J _ - ~J , r _ _ ~ ,,. - - ~ -I T T~ - 1 ~ ~ •' ~ ViA - 1 ~\ .~ _. - f ~L - ~~ ~ ~ ~' ~ ~ -~ -- _-_ E-~ ,_ y ... _---- ~ ~ I ~ - ~ - -, - I I 1 _~T_I- ~' ' y -- - ~ _~_ f i I"I ~ ~~ T ~ ,-_ T _- --_ _ ~ C~ ~--_ _ - -~--- ~-- ~-- - _ ~-~ ~ - ~ =--~ > ~_, 7- ~-- ~ ,~ 1--[ ITS -_~;_Z~ I _.... _/ i --- / I ~ r N_- -- -__ __ ~ - ~ ~~_ --~- _ _~ ~ _~ ~~ - ~ ;~ ~ C6 --I _ ~ __ __ _ ~rTT ',, - ~~~T1~-T T - TT. l^~ i O O ~V ~ II ~ M ~ ~ --- - T~,,~ ~ -~ ~ I ~L.~J J /\~~~-~ I ~ ~ ~r \ '\ Y _... ..__ _ _ _ -- r I __ LI_ i ~ ~ ~:._.j ~ I I-- ~ ~__ 1_~_ I_L -~ ~-. ! = -- __ - _ - - 1 -- , '~ ~-i ;~~ r, ~ _ ~ 1~,~ ,, _~_ ~ _ ~ _ ~~ i _ __ i -~- I i T ~,- - ~ , ~~;, ~~ C ~ _ __ ~ (~~ -. Itt ~ ~ ~ ~ 1 _ - _~ ~ ~ ~ L E..-'` ~ I~ii~I~ ~ r\ L I L~ L ~ ~ ~_ i ~ ~ I + \. l I I F ._ T _! I -- - L _ _~ ~ -- - -~- ~ _ ~ - -. W 0 0 c~ 0 0 M O O O M >~~-' ~'1 ~I ~(~i_f ~_ - ~_ ~r __ I. 1 ~~ _I~ I ~'i~ LandAm~ica ~ ~ Transnation Escrow No. 0 5 0 0 0 3 0 7 02 CORPORATE WARRANTY DEED FOR VALUE RECEIVED Corey Barton Homes, Inc., an Idaho Corporation a corporation organized and existing under the laws of the State of Idaho, with its principal office at P.O. Box 369, Meridian, ID 83642 of County Of Ada ,State of Idaho, ~ GRANTOR(S), does(do) hereby GRANT, BARGAIN, SELL AND CONVEY unto: Stacey Shipley an unmarried woman and Casey J. Shipley, an unmarried man GRANTEES(s), whose current address iS: 3920 N Tupiza Ave Meridian ID 83642 the following described real property in Ada County, State of Idaho, more particularly described as follows, to wit: Lot 8 in Block 4 of SUNDANCE PLACE SUBDIVISION N0.1, according to the official plat thereof, filed in Book 89 of Plats at Pages 10403 and 10404, 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 warrant 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 day of May , in the year of 2005 . Corey Barton Homes, Inc. by Serena Clark it's Secretary Notary Acknowledgm®nt -see page 2 • or disapproval may be based upon the following factors: design and style elements, mass and form, topography, setbacks, finished ground elevations, architectural symmetry, drainage, color, materials, physical or aesthetic impacts on other properties, including Common Areas, artistic conformity to the terrain and the other Improvements on the Property, and any and all other factors which the Architectural Committee, in its reasonable discretion, deem relevant. Said requirements as to the approval of the architectural design shall apply only to the exterior appearance of the Improvements. This Declaration is not intended to serve as authority for the Architectural Committee to control the interior layout or design of residential structures except to the extent incidentally necessitated by use, size and height restrictions. The Arch~sactural Committee has the right to charge a fee for review. 4.1.3 Setbacks and Heioht. No residential or other structure shall be placed nearer to the Building Lot lines or built higher than permitted by the Plat in which the Building Lot is located, by any applicable zoning restriction, by any conditional use permit,. or by a building envelope designated either by Grantor or the applicable Architectural Committee whichever is more restrictive. 4.1.4 Accessory Structures. Detached garages shall be allowed if in conformity with the provisions of this Declaration, and as approved by the applicable Architectural Committee. Garages and storage sheds shall be constructed of, and roofed with. the same materials, and with similar colors and design, as the residential structure on the applicable Building Lot Outbuildings/sheds shall be a maximum of 150 square feet in size and shall be no higher than eight feet. No playhouses, playground equipment, pools, pool slides, diving boards, hot tubs, spas; or similar items shall extend higher than five (5) feet above the finished graded surface of the Building Lot upon which such item(sj are located unless approved in advance. 4.1.5 rive .All access driveways shall have a wearing surface of asphalt, concrete, or other hard surface materials, and shall be properly graded to assure proper drainage. 4.1.6 Mail oxes. Developer to provide mailboxes and stands. No newspaper boxes will be allowed without Architectural Committee approval. 4.1.7 Fencing. Fencing must be cedar only and must be stained drift wood gray, Cabot #0344 semi-transparent color. Fences on comer/exterior lots must have good side of fence facing out to the street. Fences must have Architectural Committee approval. Allowances may be made upon review of the ACC for non-site obscuring fencing. No fence, hedge or boundary wall situated anywhere upon a Building Lot shall have a height greater than six (6) feet above the finished graded surface of the Building Lot or Common Area upon which such fence, hedge, or boundary wall is situated. No fence shall be constructed so as to extend toward the front of the Building Lot past the front plane of the dwelling structure constructed thereon, or closer than ten (10) feet to any side Building Lot line of a comer of a Building Lot adjacent to a dedicated street and shall be in compliance-with applicable Meridian Clty ordinances. All fencing and boundary walls constructed on any Building Lot shall be of compatible style and material to that other fencing constructed adjacent to or abutting Common Areas, public and private streets, and shall otherwise be as approved by the applicable Architectural Committee. 4.1.8 Li htin .Exterior lighting must include at least three down-lit can lights or wail-mounted lights. Exterior lighting, including flood lighting, shall be part of the architectural concept of the Improvements on a Building Lot. Fixtures, standards and ail exposed accessories shall be harmonious with building design, and shall be as approved by the applicable Architectural Committee. Lighting shall be restrained in design, and excessive brightness shall be avoided. DECLARATION - 4 1/22/2003 ~~~~~~ ~ ~ ~, ~- -~, ~~_ i-'- ~;_, ---- r- ~~- IF I ~~~ ~~ ~- i - 'r- i ~ i ~ I~ i __` ~_r, ~ - 1 ~ --- l__ _r -r- - - -, __ ~ __ ,, ,, ,, , ';,~ '~ ~~, it ~ -L- _~_ i 1 ~ L ~ _~ ~J 7 I ~ ~~~1 i i ~ =1--~_= ~!_1;-17T~1~~ _,- ~ _f_ ~=1~~~T~,~, -1 - 7-~ ~~-1- ?-, ~: ~ ~~~ L~~ ,~ . 1_i_1_Ci_~_ __~_L_T' -- -- ~~ ~~ _~ ,~ - ,~ -= i I f ~ ~, ~_ '.r ~ ~ ~ ~ ~ ~, , -, ,~ ~ _,- r~ f ` ~ ~_ ~ _~ ~ ~ ~~ ~' ~ ,_ ~ ~~ ~__ ~__ I , - ~. ,__ --~~ -~ -~, ~- ~, ~~ ~ __ J-- _~~ ~; -. -, 7_7 J_~! 1_~ I _ ~ Ih~- _~ ,~ x.~ , ~ r _. ~~ - ~,~ 1 % ; ,~-- ~ ~ ~ ~ ~_~ ~= 1, r_ ,, ~ ~- ,, ~~~~ i ~~ 11~/; ~j` ,i J ,, -- ,_ -__I'- i ;_ i ~ ~ ~_. • RADIUS NOTICE REPORT 06-Jun-2005 FILE NAME: ship Owners Owner Address COREY BARYON HOMES INC 1977 E OVERLAND RD MERIDIAN, ID 83686-0369 Property Address: 217 E ANTON ST COREY BARYON HOMES INC 1977 E OVERLAND RD MERIDIAN, ID 83686-0369 Property Address: 231 E ANTON ST COREY BARYON HOMES INC 1977 E OVERLAND RD MERIDIAN, ID 83686-0369 Property Address: 242 E CORNELL DR COREY BARYON HOMES INC 1977 E OVERLAND RD MERIDIAN, ID 83686-0369 Property Address: 268 E CORNELL DR COREY BARYON HOMES INC 1977 E OVERLAND RD MERIDIAN, ID 83686-0369 Property Address: 269 E ANTON ST COREY BARYON HOMES INC 1977 E OVERLAND RD MERIDIAN, ID 83686-0369 Property Address: 276 E ANTON ST COREY BARYON HOMES INC 1977 E OVERLAND RD MERIDIAN, ID 83686-0369 Property Address: 3849 N TUPIZA AVE FORDEMWALT JAMES F 3932 N TUPIZA AVE FORDEMWALT STACEY PARK MERIDIAN, ID 83642-0000 Property Address: 3932 N TUPIZA AVE JACOBS ROBERT 12735 PRAIRIE DOG AVE SAN DIEGO, CA 92129-0000 Property Address: 3829 N TUPIZA AVE 1 Owners Owner Address SUNDANCE LIMITED COMPANY LLC 1908 JENNIE LEE DR IDAHO FALLS, ID 83404-0000 Property Address: N LONGABAUGH AVE SUNDANCE LIMITED COMPANY LLC 1908 JENNIE LEE DR IDAHO FALLS, ID 83404-0000 Property Address: N TUPIZA AVE SUNDANCE LIMITED COMPANY LLC 1908 JENNIE LEE DR IDAHO FALLS, ID 83404-0000 Property Address: 223 E CORNELL DR SUNDANCE LIMITED COMPANY LLC 1908 JENNIE LEE DR IDAHO FALLS, ID 83404-0000 Property Address: 230 E CORNELL DR SUNDANCE LIMITED COMPANY LLC 1908 JENNIE LEE DR IDAHO FALLS, ID 83404-0000 Property Address: 298 E ANTON ST SUNDANCE LIMITED COMPANY LLC 1908 JENNIE LEE DR IDAHO FALLS, ID 83404-0000 Property Address: 310 E CORNELL DR SUNDANCE LIMITED COMPANY LLC 1908 JENNIE LEE DR IDAHO FALLS, ID 83404-0000 Property Address: 320 E ANTON ST SUNDANCE LIMITED COMPANY LLC 1908 JENNIE LEE DR IDAHO FALLS, ID 83404-0000 Property Address: 375 W ANTON ST SUNDANCE LIMITED COMPANY LLC 1908 JENNIE LEE DR IDAHO FALLS, ID 83404-0000 Property Address: 3825 N LONGABAUGH AVE SUNDANCE LIMITED COMPANY LLC 1908 JENNIE LEE DR IDAHO FALLS, ID 83404-0000 Property Address: 3836 N TUPIZA AVE 2 __ _ _ __. • - ---~ Owners Owner Address SUNDANCE LIMITED COMPANY LLC 1908 JENNIE LEE DR IDAHO FALLS, ID 83404-0000 Property Address: 3842 N LONGABAUGH AVE SUNDANCE LIMITED COMPANY LLC 1908 JENNIE LEE DR IDAHO FALLS, ID 83404-0000 Property Address: 3858 N TUPIZA AVE SUNDANCE LIMITED COMPANY LLC 1908 JENNIE LEE DR IDAHO FALLS, ID 83404-0000 Property Address: 3859 N LONGABAUGH AVE SUNDANCE LIMITED COMPANY LLC 1908 JENNIE LEE DR IDAHO FALLS, ID 83404-0000 Property Address: 3876 N LONGABAUGH AVE SUNDANCE LIMITED COMPANY LLC 1908 JENNIE LEE DR IDAHO FALLS, ID 83404-0000 Property Address: 3894 N LONGABAUGH AVE SUNDANCE LIMITED COMPANY LLC 1908 JENNIE LEE DR IDAHO FALLS, ID 83404-0000 Property Address: 3920 N TUPIZA AVE SUNDANCE LIMITED COMPANY LLC 1908 JENNIE LEE DR IDAHO FALLS, ID 83404-0000 Property Address: 3924 N LONGABAUGH AVE SUNDANCE LIMITED COMPANY LLC 1908 JENNIE LEE DR IDAHO FALLS, ID 83404-0000 Property Address: 3939 N LONGABAUGH AVE SUNDANCE LIMITED COMPANY LLC 1908 JENNIE LEE DR IDAHO FALLS, ID 83404-0000 Property Address: 3954 N TUPIZA AVE SUNDANCE LIMITED COMPANY LLC 1908 JENNIE LEE DR IDAHO FALLS, ID 83404-0000 Property Address: 3967 N LONGABAUGH AVE 3 . -~ ~ f ~ ;. f. _: CITY OF ~'~ ~~. ~Y1G1~1G~yI ~; IDAHO ~ s ~'c ~ e ~FR o d" TREASURE V AMY 19 3 MAYOR Tammy de Weerd CITY COUNCIL MEMBERS Keith Bird Christine Donnell Charles M. Rountree Shaun Wardle CITY DEPARTMENTS Fire 540 E. Franklin Road 888-1234 /fax 895-0390 Parks & Recreation 11 W. Bower Street 888-3579 /fax 898-5501 Planning 660 E. Watertower Lane Suite 202 884-5533 /fax 888-6844 Police 1401 E. Watertower Lane 888-6678 / 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 - Wastewater 3401 N. Ten Mile Road 888-2191 /fax 884-0744 - Water 2235 N.W. 8th Street 888-5242 /fax 884-1159 June 29, 2005 Mr. Casey Shipley 3920 N. Tupiza Ave. Meridian, ID 83642 Re: Fence Waiver Application Dear Mr. Shipley: This letter is in response to your fence waiver application for the property located at 3920 N. Tupiza Ave., Meridian, Idaho. 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 E. Cornell Drive. No objections were received from surrounding property owners, whom were notified in accord with the City's Zoning and Development Ordinances. The City has approved your Fence Waiver, allowing the fence to be located 10-feet from the street side property line along E. Cornell Drive. 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 E. Cornell Drive. 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 also obtain a building permit for your fence from the City of Meridian Building Department prior to construction. You must also call for an inspection of the fence once you have completed construction. ~~~~ CITY HALL 33 EAST IDAHO AVENUE MERIDIAN, IDAHO 83642 (208) 888-4433 CITY CLERK -FAX 888-4218 CITY ATTORNEY / HR -FAX 884-8723 FINANCE & UTILITY BILLING -FAX 887-4813 MAYOR'S OFFICE -FAX 884-8119 Printed on recycled paper _~ • 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. Sincerely, Anna Borchers Canning, AICP Planning Director City of Meridian Planning and Zoning Department Cc: File Building Department City Clerk