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Weber, Leslie & Deena~ ~ CITY OF MERIDIAN FENCE COMMITTEE MEETING MARCH 31, 1997 AGENDA ~~~~ ~.ly1T D FENCE COMMITTE MEMBERS: ~ ~,~'" ' Wa ~ ~~ p ~~ !lc Mr. Gary Smith, P.E., City Engineer, Chairman o~ ~, at~,r.~- `~`' ~ ~`~ ~ Mr. Charlie Rountree, City Council Member---~' n Mr. Bill Gordon, Chief of Police , ~,.#.;~•_. p~;,, Mr. Malcolm MacCoy, Planning ~ Zoning Commissioner _~a~-- - ~ql< ITEMS FOR REVIEW 4:30 P.M. -Leslie 8~ Deena Weber - 1740 E. Time Zone Dr. -Request to reduce setback to less than 20 feet along sidewalk. ~-e~~.e~ wu~. ~.~~ -t-,,:~ - u-c-~~.~--~ - ~ rrc~. ct Gam- ~ - U~~' ~~ - ~~ 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 KENNt7hf W. BOWERS, Fire Chief W.L. "BILL' GORDON, Police Chlei WAYNE G. CROOKSTON, JR., Attorney March 31, 1997 • 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 WorksBuilding Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE Mayor Leslie & Deena Weber 1740 E. Time Zone Dr. Meridian, Idaho 83642 RE: FENCE VARIANCE REQUEST 1740 -E. TIME ZONE DR. Dear Mr. & Mrs. Weber: COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M.ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY The Fence Variance Committee of the City of Meridian met in your presence at 4:30 P.M., March 31, 1997, in City Hall to consider this request. After due consideration, the Committee decided to allow construction of a six (6) foot tall wooden fence within the side street set-back area of S. River Downs Pl. as shown by your submitted drawing. 1. The face of the fence shall be set no closer than ten (10) feet from the property side edge of sidewalk. 2. The area between the fence and sidewalk shall be landscaped and maintained by you. 3. The board side of the fence shall face S. River Downs Place. 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. 5. Please obtain a fence building permit from City Hall prior to beginning construction. Thank you for complying with the City ordinance in requesting this variance. Sincerely, Gary .Smith, P.E. Chairman, Fence Committee cc: File City Clerk Building Inspector • CITY OF MERIDIAN `J 33 E. IDAHO NNIERIRIDLAIV, ID &3642 F~ICE VARIANCE APPLICATION (RE: Meridian Zoning Ordinance) APPLICANT NAME: ~e.ber~ Lesl~~e 6. d~ ~eev~c~ /Y ~ PHONE 888-765 ADDRESS : 17 g C E . T, vy~ e Zc,n rJ r NI c v ~ d, c.~ ~~ , t ~,~ ~ 3 ~ q OWNERS NAME & ADDRESS : (I f dif f Brent than above ) Sawl ~ PROOF OF OWNERSHIP: (COPY OF DEED OR OPTION A'BTST BE ATTACI~D) LEGAL DESCRIPTION OF PROPERTY: L~7I'tt_~( _gI,K ~. 2 SUBDIVISION Lc 5 r1 ~ G1 Ih1 i ~f'o S _ PRESENT USE & ZONING OF PROPERTY ((~ e S 1 ~ e Vl~ U cl I SCf~,'^~1ATIC DRAWIl~IG : ATTACH DRAWIr1G SHOWING BUILDINGS , STI~rS & PROPOSID FENCE SURROUNDING PROPERTY OWNERS: LIST OF ~ NF~ILING ADDRESSES OF ALL PROPERTY OWNERS (FROM AUTHENTIC TAX RECORDS OF ADA COtJNi'Y) WITHIN TWO HUNDRED (2 0 0 ) FEET OF THE EXTERDIAL BOUNDRIE.S OF THE LAND BEING CONSIDERID: DESCRIPTION OF REQUIRENIEN'I'S OF THE O1RDINANC~ THAT NEED TO BE RIDUCED `In PERMIT THE PROPOSID FETTCE: CuYY~.V~T r2u~,lla~iOV1 rec(u~YeS a zo ~ se~bgCC\ ~rvvn ~=ev,ce. -t-o pro~J~.vt ~ I'-~ne ova u ~' ~e~nc.C.. Ineed -E-c u ~' ct ~c~Y'~av~ce. ~nr less +1~~~~~ zc' (see ev-cl~s~d d,iclG~C,~w~~ ATTACH APPLICATIJN FEE OF $ ~, -X_) '`" ATTACH STATE[~1VT THAT FENCE IS ALLOWED UNDER THE RESTRICTIVE CCJVIIVANTS OF THE SUBDIVISION OR A COPY OF THE RESTRICTIVE COVELVANTS PERTAIl~LIl~TG TO FENCES: APPLICANTS SIGIVATCh2E: ~~-~(L~{.,Q dCi~~~ DATE RECEIVID COMMITTEE HEARIlVG DATE RECEIVID BY . •3013 WHEN RECORDED MAIL T0: NORTH AMERICAN MORTGAGE P.O. BOX 808031 P,O. BOX PETALUMA, CA 94975-8031 DOC MANAGEMENT AU 054 H01 • COMPANY [Space Above This Line For Recording Data] DEED OF TRUST TI IIS DEED OF TRUST ("Security Instrument") is made on AUGUST 09 , 1996 LESLIE G, WEBER AND, DEENA M. WEBER, HUSBAND AND WIFE ("Borrower"). The trustee is TRANSNAT I ON TITLE AND ESCROW, I NC . ("Trustee"). The beneficiary is NORTH AMERICAN MORTGAGE COMPANY which is organized and existing under the laws of DELAWARE address is 3883 AIRWAY DRIVE , SANTA ROSA , CA 95403 ("Lender"). ONE HUNDRED TWENTY NINE THOUSAND ONE HUNDRED FIFTY AND 707441-785 The grantor is and whose Borrower owes Lender the principal sum of 00/ 100 Dollars (U.S. $ 129 , 150 , 00 )• This debt is evidenced by Borrower's note dated the same date as this Securit}- Instrument ("Note" ), which provides for monthly payments, with the full debt, if not paid earlier, due and payable on SEPTEMBER 01 , 2026 .This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications of the Note; (b) the payment of all other sums, with interest, advanced under paragraph 7 to protect the security of this Security Instrument; and (c) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower irrevocably grants and conveys to Trustee, in trust, with power of sale, the following described property located in ADA County, Idaho: LOT 6 IN BLOCK 2 OF LOS ALAMITOS PARK SUBDIVISION NO. 1, ACCORDING TO THE OFFICIAL PLAT THEREOF, FILED IN BOOK 70 PLATS AT PAGES 7131 AND 7132, AND AMENDED BY AFFIDAVIT RECORDED JULY 6, 1995 AS INSTRUMENT NO. 95045772, AND AMENDED BY AFFIDAVIT RECORDED JULY 31, 1995 AS INSTRUMENT N0. 95052213, RECORDS OF ADA COUNTY, IDAHO, SEE RIDER(S) HERETO ATTACHED AND EXPRESSLY MADE A PART HEREOF. which has the address of 1740 EAST T 1 ME ZONE DRIVE , MER { D I AN [Street, City], Idaho 8 3 6 4 2 -45 0 2 ("Property Address" ); [Zip Code] IDAHO -Single Family- FNMA/FHLMC UNIFORM I iIII1IlI ~© 6HMIDIIMORTGAGEI FORMSM180o152mended 11/93/ IIII~I~IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIII $ ,1,~ III IIII IIII vo9e ~ or a Initials:~!Jt,~ 1 Y J Q ~ W r'-~ W ~ ~ ~ C7 ~ ~/ d ~, z I Q i I~~~i ~~ _ i o~ r ' I ~ ~' ~ ~' p ~ ~ ., ' ? ~ I ~ ~ z Q J H- O ~~ 0 - i m , , _~_____ ~ i ~~/ _~ Q U ~~1 J Z ~ ~w~ mmo -°~a i I I F W D Z 0 Q H U 0 o~ w Q 3 ~~ ;C'i O ~/ d ~~ :::~ ~~ c~~ U ~ W ~ Q 0 U W W O Q a ~ W ~ ~ pW U F-QQQ ~ I I- a (v~l ~Q O c w a ~~ w m> > J Q ~ Q J ~ Q--~~ =~'N" Q O Q°Z~ ~~~ U ~ N Q _ ~.- ~ ~ \ a ~ NOM +~ u~ i I N in • 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 Monday, March 31. 1997, for the purpose of reviewing and considering the Application of Leslie & Deena Weber for a variance from the Meridian Fence Ordinance at the property legally described as follows: Lot 6, Block 2 Los Alamitos Subdivision and known by the address 1740 E. Time Zone Dr., Meridian, Idaho 83642. The Applicant proposed to reduce the required distance from 20 feet to 11 feet and build a six foot fence 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 14th day of March , 1997. /~~ WILLIAM G. BERG, JR., Ot`i'Y LERK • Sl,'BIE(:T ~~V~ DATE 3 /~Z ~ 9 F, ,~ 1993. Cay Gunner. inc. nil RgMS Reservea. '9656 O F- d a. E"' ~ Gz7 Q ~-- U Z U w ~ O c:v ~ c~ Z ~_ ~ w G GZ7 ~ w ~~ ,' cWn ~: O m p a ,. ~' 0 ~ ~" ~ z~ ~~ ~' '' ~ Z a J a ,i 'i ~ ; W {- ,'~ o / h . I .< ,~~ ~ X w r Sr. Q W ( ~ R ~' ~ ~ • ? ~ .,~ ~ '' d! 7 ^~ r ~~ ,~ •i ~_ .K .'i :~~ ~_ X Q w C G ~' ~; • -~~ ~f'.~ ~'± , r -, BA.~pU :7 • 0 LtJ Z O N ~r~ M J adoa 3noao lsnoo~ Q D w r a w '~ ~~ S~~n~' z{ }.. 3 ~.. M ~1 Q Q Z ~~ Q m u~~, ?, e~ x ~ ti ~c x ac x :J ~..~ ~ ~" J J •~ >' c_ r;~,. ~ ~, - ~ -... a ~ . O ' ~ } E'-' CJ~ L-' ~,,, O ~'' ~ G:: C ._ 1- U p ~ G GL CC F- ;r ~ . ~ L~ ~ ~ ~ - ~ ~ w i.~. L ~ z .: C. ~' ,t4' :_~ ~ v . j _`~ 6~ i o N ~ _ ~ z S. G ~~ C.i G _ _ ' ,' rr//~~ ~.. vJ ~`~~.. O '~' V: z G . :~ ~ z z • ~ W OC ~; G /~ '~ ~i..l ~ T T f (JJ .:. V ..7 ~ ~ ~^ ^_ = _ E- Q Z Q Q ~~ ~ Cl~ V Q L :/J C vI ~'t' u (~ ~ ~ . . r" C . ~ ~ O ~ _ V J C z Z C J - ;~ , . v ' ~'~ ^ ~ G ~ ~ ~ ~ J v ~' \~ ~-~c ~~ ~ ° 2 s2 t N N 3 R~ve~ Oaw~ns fl ¢ ~ ~ `~ k~ A 21~ i used - ~ ~' ~ 3s~~~ 5 ur o s e ~ ~ ~p~W e~ P~~- Ce aY Fe~nc e ~ ~` ~ _-~ Red. ' variav~ce Needed ~' FOr NC Ccrv~e.Y. G ro b 29' 39' /7/Z E.1; one Z.o~~ ! ?y 0 E. T. w-e zovte 9~ N u1~E 5 I '~v~n tr z~ ~ ~ p ~ E Kent W. Corbett 2521 S. River Downs Place Meridian, ID 83642 March 26,1997 Meridian City Council 33 East Idaho street Meridian, Id. 83642 Dear Council Members, I have received notice of the proposed fence variance to Meridian City code for Leslie & Deena Weber at 1740 E. Time Zone Dr. Meridian Lot 6, Block 2, Los Alamitos Subdivision. I oppose this variance being the neighboring property that would be directly affected. Their back yard is my front yard on S. River Downs street. Myself and other neighbors feel they should maintain city code and follow the lines of the street to maintain the view through the corner and the aesthetics of the street. If this variance is allowed it will greatly impact resale value for myself as it will reduce "curb appeal" since you won't be able to see the front of my house or landscaping until you are almost in front of the property and it will create a "closed in" feeling. Also, we would have to walk to almost the end of our driveway to see down to the corner of the street to see our children riding bikes or playing on the sidewalk. In addition, the Weber's property lines are not squared, S.River Downs Pl. and E. Time Zone are not squared; therefore, having asquared-off fence past city code setbacks will greatly detract from the overall appearance of S. River Downs Place. I understand why they want this change but they purchased this property having full knowledge of all setbacks, covenants, and restrictions. If they would slightly alter the proposed angle of their fence, they would have the same amount of back yard square footage and would maintain the line of sight down S. River Downs Place (see enclosed map). I have attempted to find a workable solution for the Webers but they are only concerned for their own interests and not those of the neighboring properties. There are other neighbors with my same view and others are indifferent, but since my property is the one affected [would ask that you give my concerns great consideration. We (our property) should not be penalized because the Webers want a larger back yard and/or a square fence. We all have to keep covenants and city codes to maintain safe and aesthetically pleasing living spaces for the neighborhood as a whole -the Webers should too. I strongly urge the council to keep the city code and maintain the 20 ft. setback on the Weber property, which will enhance the overall appearance of S. River Downs Place and the surrounding properties. Sincerel~ ~~ Kent W. Corbett ?/2 TvneZone ~ ~ ~ ~ ~ N ~ N ~\ ~ 'j ~ ~ 1, a~ ~ t ~ Purposed G' -~ Cedar ren~L' z-~ Red.. 1/arigv-c2, Needed For NE Gorhe.Y. Z9'- - 39'- 1790 E. T. w-e Zo-n2 9• N w E S ,~ inform to rreet lines nd lot lines liminating ;nce in ellow area area and maintain aesthetics on River Downs E Tt,m L Zo ~ ~ D~ .