HomeMy WebLinkAbout2024-07-11 Matt Neukom
Charlene Way
From:Matt Neukom <Matt@jccboise.com>
Sent:Thursday, July 11, 2024 6:50 AM
To:City Clerk; Sonya Allen
Cc:'jwb111@q.com'; Vic; Ashley Neukom
Subject:Blayden Subdivision AZ, CUP, PP H-2023-0043
Attachments:Blayden Letter to City P&Z 2022 07-10.pdf
External Sender - Please use caution with links or attachments.
Dean City Clerk and Ms. Allen:
Would you please provide the attached letter with attachments to the Planning and Zoning Commission for their
th
meeting on Thursday, July 18?
I need to be out of town that day. Would you please let me know how I can attend the meeting remotely and testify to
the Commission?
Sincerely,
Matt
Matt A. Neukom
JC Constructors, Inc.
1305 E. Columbia Road
Meridian, ID 83642
Cell: 208-965-3244 Fax: 208-895-8106
1
Matt &Ashley Neukom Jack &Vickie Bartlett
5120 West Larry Lane 4915 West Larry Lane
Meridian, ID 83646 Meridian, ID 83646
July 10, 2024
City of Meridian
Planning and Zoning Commission
33 East Broadway
Meridian, ID 83642
Delivered via email to: cityclerk@meridiancity.org and sallen(aD_meridiancity.org
Re: Blayden Subdivision AZ, CUP, PP H-2023-0043
Dear Planning and Zoning Commission:
We are writing jointly as property owners in Compton's Subdivision Number 2. The southeasterly
portion of the above referenced development lies within our subdivision, of which the Bartletts live
immediately south and the Neukoms live immediately west. Thus, our properties are effected by the
development. We have reviewed the information in the Development Application available on the City's
website as well as plans provided by Bailey Engineering. We have attended two neighborhood meetings
to speak directly with Bailey Engineering about the details of the project.
We are writing to request that you decline approval for the proposed subdivision. CC&Rs for Compton's
Subdivision Number 2 provide development requirements within the subdivision of residential lots not
less than 1-acre. The CC&Rs,which are attached, were recorded December 6, 1973 in instrument
number 868-311. Based on legal counsel we have recently received (see attached letters from Mr.
David Krueck dated July 8, 2024 and previously from Mr. Brian C. Peterson dated September 14, 2020),
the CC&Rs remain binding for development within subdivision. Each owner within the subdivision
purchased their property based on the requirements and rights within the CC&Rs.
We (both Bartletts and Neukoms) met with Corey Barton and Shawn Brownlee in the spring of 2022 (see
attached email correspondence between Matt Neukom and Shawn Brownlee between February 23,
2022 and May 4, 2022). We discussed the requirements of the CCRs, of which they were familiar.
Shawn Brownlee's email of March 23, 2022 clearly states their commitment to develop within them. By
disregarding the CC&Rs, Open Door Rentals is not only creating a land use prohibited by the subdivision
but forcing property owners opposing this development to incur expense by defending their legal rights.
In 2020, Homan Homes proposed developing lots smaller than 1-acre and the Planning and Zoning
Commission directed the developer to come to an agreement with us prior to approving the
development (see attached letter dated July 1, 2020 with attachments). Please direct Open Door
Rentals to come to an agreement with us prior to approving the Blayden subdivision.
Please contact us if you have questions about this information.
Sincerely,
Matt A. Neukom Ashley E. Neukom ohn W. Bartlett, III Vickie Bartlett
matt@jccboise.com ashley.neukom@gmail.com jwb111@q.com vic_bartlett@q.com
208-965-3244 208-874-3466 208-954-6858 208-841-8939
:90 ✓
COON SUBDIVISION NUMM 2 - --._
Dated: December 6, 1973 3 j ' 43 S 3
Recorded: December 6, 1973 '
Instrument No. 868-311
The undersigned being the owners of the property hereinafter deacribedr
hereby adopt the following protective covenants in their entirety to apply
to real property to be subdivided and contained in a subdivision to be kuoua
c - .
as the Compton Sub$ivision Number Two, in Ada County, Idaho, according to
'the official plat thereof filed in Book 31 of Plats at Page 1935, records of
Ada County, Idaho. _
The iiid Compton Subdivfsion Number Two is to be divided into residential
areas of five acres or larger each and any lots larger than one acre may be
_ r'k'bdividedby the owners thereof into parcels not less than one acre is
size by compliance with the local and state regulations and laws... The following
covenants shall riin'with the land and be in force and effect for twenty-five (25)
--cars unless sooner terminated by agreement of the owners of the _
i se.enty-iYve (75) percent of the land in the subdivision and_are as follows,
to-M.t:
(1) The ground floor area of the rain structure of each residence on
this subbavision-shall be not less than 1,200 square feet. Dwellings
shall be well constructed of good quality, material and.workmanship _
substantially the *same or better than those now established in said
F .. subdivision; no'residence shall be less than $20,000.00 in value or better,
based on July 1973 values. Construction.plans to be approved by subdivider.
Present residence and buildings on Lot No.-1 to be excluded from i e above.
i (2) Architectural Control Committee -
i A. Vai6ership:' The Architectural Control Committee is composed of
JOHN R. COMPTON IRIS H. COJIPTON
AND LAMY R. COMPTON
POise, Idaho. A majority of the committee may designate a representative
to act for it. In the event of death or resignation of any member of the
co--*ttee, the remainink members shall have full authority to designate
a successor. Neither the members of the committee, nor its designated
re5resentatives shall be entitled to ary coapensation for services performed
pursuant to this covenant. At any time, the then record owners of a
majority of the lots shall have the power throuzh a duly recorded written
instrument to change t?m membership of the committee or to withdraw frost
the committee or restore it. any of its powers and duties.
B. Procedure: The Committee's approval or disapproval as required in
these covenants shall be in writing. In the event the comdttee, or its
designated representative, fails to approve or disapprove within 30 days
after pims and specifications have been submitted to it, or in any event,
if no suit to enjoin the construction has been conneneed prior to the
compl.Qtion thereof, approval will not be required and the related covenants
shall be deemed to have been fully complied with.
(continued)
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PACE 2
Instrument Number 868-•3]1 °
(3) No building shall be located on any lot nearer than fifty (50)^feet;~ - -
from the front lot line and twenty-five (25) feet to any'side line. NO barn*
loafing shed or other buildings for housing or care of any animals ahal.l.be.
Placed within one hundred (100) feet of any established residence building:.
or Individed well, nor nearer than one hundred fifty (150) feet from the
front Line.
(4) Construction of any residences or churches on the subdivision shall ba
diligently_pursued after commencement thereof, residences to be completed ,
within one (1) year and churches within eighteen (18) months after
commencement.of construction.
(5) No building shall be moved onto the above
. le az d t premises unless the quality,
at -
y type thereof is approved by the adjoining owners within the .
subdivision._.
(6) No shack, tent, Mobile Home, Trailer house, or basement only,'shall ,
be used within this subdivision for living quarters, permanent, not to exceed
# six (6) months during construction.
t (7) Nothing'of an offensive, dangerous, odorous,"r noisy kind shall. be
{ conducted or carried on nor shall anything be done or permitted in said
subdivision wbi.ch may be or become an annoyance or nuisance to the other
property owners in said subdivision. feeds shall be kept out.
(8) All animals kept on these - - - -P premises shall be properly fed and cared for
and shall be adequately fenced ao as not to annoy or trespass upon the use
of the property of others. Numbers of animnlre shall be kept to such numbers as
not to create unsightliness, excessive noise, offensive odors or dangerous
conditions. No business 'shall be conducted on the above property that
c cannot be conducted within the residence or shop of the owner, except for
limited raising of livestock within the restrictions herein. No signs larger than 36" 1 24" shall be installed to advertise said business, if any, and shall
be limited to any said sign on each parcel.
(9) All outbuildings shall be constructed of good quality building materials
completely finished and painted on the outside and shall be of good quality
and character that will be in harmony with the other buildings on said property.
L)
(10) No building or structure shall be placed on said property so as to
obstruct the windows or light of any adjoining property owner in said sub-
division.
(11) Easements for installation.and maintenance of-utilities and drainage
facilities are reserved, as shown on the recorded plat of said subdivision
over the areas indicated on said plat. Within these easements no structure,
planting or other material shall be placed or permitted to remain *doh
may damage or,interfere with the installation and maintenance of utilities,
or which may change the direction of flow of water through drainage channels-
in
the easements. The easement area of each lot and all improvements in it
shall be maintained continuously by the ovmer of the lot, except for those
improvements for which a public authority or utility is reaponsible.
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4 '1303
' Page 3
Instrument No. $b&311 .
j (1.2) Fences: No fence, hedge or boundary mall situated anywhere upon a
E: building site shall have a height greater than six feet above the fencedp
graded surgace of thdi ground upon which such fence, hedge or wall is situated. :•
The construction or maintenance of spite fences or spite trees or shrubs shall..s.
be prohibited upon all building sites of this subdivision. All wooden fences
shall be constructed in a substantial manner, and be maintained in good repair .:
so as to be inoffensive to any other property owners in said subdivision.
(13) The grantors are under no obligation to deliver domestic water or to furnish
rights-of-way is connection with the delivery of domestic water to any lot or
building site in this subdivision. It is comtemplated that domestic water for
use in any building erected upon a building site shall be supplied by the Grantee•
j and originate frova a well to be drilled and excavated by the Grantee. at his expense.
Such wells shall be located at a minimum distance of 100 feet from the individual
sewerage disposal facilities and shall comply in all respects with regulations
and health standards of the Ada County Health Department and State of Idaho
Department of Health.
{ Grantors have no obligation to convey irrigation waters to individual parcels
in this subdivision, but each parcel shall be entitled to whatever easement
shall be necessary to convey irrigation seaters from laterals or head ditches
across- other parcels to a point of use on each parcel. Each parcel owner shall
t be responsible for cleaning and upkeep on his irrigation supply ditches and
f for waste water courses crossing his parcel. In the event two or more parcel
owners use the same irrigation supply ditches they shall share the upkeep and
@~ cleaning of said supply ditches as their interests may appear.
(34) All bathroom, sink and toilet facilities shall be located inside the
duelling house or other suitable appurtenant building and shall be connected
by underground pipe with a private septic tank, placed at a depth and made of a
type construction'approved by the Ada County and.the State of Idaho Health
authorities. Drainage from septic tank shall be kept within the building
limits of each building site. Approval. of all sewage-disposal systems installed
shall be obtained from the City-County Health Department and the Grantor.'shall
have no obligation for construction of any sewer or provide any connection thereto.
(15) Any driveway constructed on any of said lots shall have a pipe thereunder
at least 10 inches in diameter, near the street line of said properties and at
i point where said driveway crosses any ditch or pipe used for the conveyance of
irrigation water, said pipes being for the purpose of permitting the movement
of irrigation waters and for the purpose of drainage, said pipes shall be 12
inches in diameter. The pipes herein referred to may consist of tile, concrete,
iron, or steel, or any other substance of permanent nature. All pipe installations
made within a dedicated right of way shall be made only after plans therefor shall
have been issued by the Ada County Road Supervisor, with respect to the adequacy
of such installations for drainage purposes.
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•.�4,_.. tip.9E 1304
Page 4- '
Instrument No. 868»313
(10-No lot or building site includedwithin the subdivision shall be
used or maintained as a dumping ground for waste-material. Incinerators
used for disposal, if permitted, and other receptacles or storage of trash
garbage, etc., shall be maintained in a sanitary and clean condition.
No junk machinery, trailers, trucks, appliances, or unsightly material
of arw sort or nature, or junk automobiles shall be kept on any of said,
premises. Storage of any machinery, trailers,,trucks, boats, automobiles,,
etc., shall be stored in an orderly manner so that the same shall not
constitute an unsightly condition.• No machinery, building equipment, or
`• 'building material shall be stored upon a site until the Grantee is. ready-
and able to commence the construction with respect to such building upon
which such building material will be used, then such building material. '
shall be placed within the property line of such building- site upon..
which the structure is to be erected.-
(17) These covenants shall run with the land and shall be binding on
all persons owning under them for a period of twenty—five (2�}-gears from
the date of the recording hereof, after which time such covenants steal]
_ be automatically extended for successive periods of ten (10} years, unless
at any time after the initial recording of. the instrument an instrument
signed by.the owners of 75% of the land of the subdivision has been recorded
agreeing to change or terminate said covenants. in whole or in part.
(18)enforcement against any person or persons violating or attempting._'
to violate any covenant herein after ten (10) days notice thereof in
writing served on the offending party, shall be had by the property
owners within the said subdivision, either at law or in equity. In the
event of a judgment against any person for such violation, the Court
may award injunction against further violation, require such compliance
as the Court deems necessary, award such damages, reasonable counsel
fees and court costs as may be suffered or incurred, and.such other
or further relief as may be deemed-just and equitable.
IN lTitIFSS 3EREOF we have set our hands this 25th day of Novembe a 197.4
/ John R. Co n Iris M. Conptost
-STATE OF IDARO)
r CM= OF ADS } S3
DiF-this �5th day of November 397u 2.0f before me, a
Notary 1 tublic;
lit And for said State, personally appeared John R. Compton
'z; ? Iris M. Compton
- ... ,.._`-`and
known to me to be the persons whose names are subscribeo•the above ins wont
and acknowledged to me that they executed the same.��1-1
Residing at E6i$e, Ida Notary Pu i for,Icaho
�t do exQ�res 1�;27,I�r
t
Pass
-. Instr mmt Ho. 868-311
I_MIM ACM TO THE COVE APiT3 BE= nCCWFs7 FOR WinMr aMDIYISItJ2i
Itumm TVO�(2), BY aaGINAL CWM JOHN R. COMP= An IBIS X..CA.%all
4Ji YS U) )X*t 2f V.liC S itO. •39 - -
At $s !Sh:
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i`•`�3nfa�:�stit, Secy.—Tr�as. . Lfada iC. C��#.Ies .
cova CT LOT No. it
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`7 Jane Bensaa
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WARRANTY DEED
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FOR VALUE RECEIVED E-
JOID: R. CO:�TON and IP.IS M. COMPTON, husband and wife,
- rl the Grantors ,do hereby grant,bargain,sell and convey tintu -I
CURTIS G. GUILES and LINDA K. GUILES, husband and wife,
the Grantees , those address is
=3
the following described premises, to-wit-
Lot 3 of Compton Subdivision2
according to the official plat
on file with the county recorder,
county of Ada, State of Idaho.
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' TO I-LAVE AI ND TO HOLD the said premises,with their appurt•_nanccs unto the said Grantee S ,
l their heirs and assigns forever.And the said Gntntors do hereby covenant to
and %vith the said Grantee s,that they are the own,-:- sin fee simple of said premises;that c'
r' said premises are free from all encumbrances
and that the y will warrant and&fend the sane from all lawful claims whatsoever. I
F6
Dated: ^/
C. j -yam, :1
STATE OF IDA HO,COUNrY OF.Ada NUML TAX.NOTICE.TO: S�
Or,thi; ! day G {f� Z--.1974 lame
before me,a nntaty public in and foe said State,personally 1
appeared Address
John R- Compton and City 5c State_ Zip --�
Iris M. Compton,
husband and
--m to me tc be the perso na^, w-ho So mint s are
r the + \iL DEED U:
riCd to cihi 1--nowledged to.;UJSC w2rt ,
tlEZ" �ii Cccuted the sane,
d-:.Lag at, -I E015•?' .Idaho l! itt
FIL71' a;i=�F i';Y.Q.Ctl�•irf CP?:.4.�v2� i�� ,
c �v�-'
P e R K I N s co l e 1111 West Jefferson Street O +1.208.343.3434
Suite 500 O +1.208.343.3232
Boise,ID 83702-5391 PerkinsCoie.com
David T.Krueck
DKrueck@perkinscoie.com
D. +1.208.343.3434
July 8, 2024 F. +1.208.343.3232
Via Certified Mail—Return Receipt Requested
& U.S.First Class Mail
Corey Barton
Open Door Rentals LLC
1977 E. Overland Rd.
Meridian, Idaho 83642
Re: Open Door Application for Blayden Subdivision
Enforcement of Compton Subdivision Number Two Restrictive Covenants
Dear Mr. Barton:
I write to you as the attorney for Matt Neukom, Ashley Neukom, Jack Bartlett, and
Vickie Bartlett(collectively the "Owners") with regard to the application submitted by Open
Door Rentals, LLC ("Open Door")to the Meridian City Planning and Zoning Commission
("Commission") for the Blayden Subdivision development("Open Door Application"). We
have reviewed the Open Door Application and various plans and documents submitted to the
Commission. This letter serves as formal notice that the Open Door Application violates the
terms and conditions of the restrictive covenants of the Compton Subdivision Number Two
("Compton Restrictions"). For the reasons set forth below, the Owners are prepared to enforce
the Compton Restrictions to preclude any further actions to subdivide the lots under the Open
Door Application.
The Compton Restrictions were recorded on December 6, 1973, with the Ada County
Recorder's Office as Instrument No. 908606. I am enclosing a copy of the Compton Restrictions
and the recorded plat for the Compton's Subdivision No. 2 for your review and consideration.
The Compton Restrictions contain the following limitations on the subdivision of lots:
The said Compton Subdivision Number Two is to be divided into
residential areas of five acres or larger and each and any lots larger
than one acre may be resubdivided by the owners thereof into
Perkins Coie LLP
Corey Barton
July 8, 2024
Page 2
parcels not less than one acre in size by the compliance with the
local and state regulations and laws.
The Open Door Application seeks to divide the lots owned by Open Door into 26 lots,
consisting of 15 building lots, 7 common lots, I driveway and parking lot, and 3 other lots for
future development. The Open Door Application clearly violates the terms of the Compton
Restrictions, which limits the size of each lot to not less than one acre. The Open Door
Application further violates other terms in the Compton Restrictions limiting the setback
requirements for buildings to be constructed on the subdivided lots. Finally, the Application
includes several commercial lots, which are also prohibited. The Compton Restrictions limit all
uses to residential.
The Owners previously notified Open Door of the limitations contained in the Compton
Restrictions and met with Open Door to specifically discuss these limitations. On
March 23, 2022, Shawn Brownlee emailed the Owners acknowledging the lot size limitations
contained in the Compton Restrictions and Mr. Brownlee confirmed in his email that "any
changes to those parcels [in reference to the lots subject to the Compton Restrictions] will be
made if/when development of the properties owned by Open Door Rentals occurs, according to
the CC&Rs and Codes in effect at the time of development." Notwithstanding this
representation, Open Door has applied to the Commission for approval of the Blayden
Subdivision in direct violation of the Compton Restrictions.
Please note that the Compton Restrictions may only be amended or terminated by an
agreement and instrument signed by owners of at least 75% of the land of the subdivision. No
such written instrument has ever been signed or recorded. Importantly, the Owners own more
than 25% of the land in the subdivision and are not agreeing to any changes to the terms of the
Compton Restrictions. Consequently, Open Door's attempts to develop the lots subject to the
Compton Restrictions in its Application will require a vote and approval of owners of more than
75% of the land and there is no chance of this occurring with the Owners objecting to the
proposed use by Open Door.
The restrictive covenants contained in the Compton Restrictions expressly run with the
land and are enforceable by the Owners. The Idaho Supreme Court has consistently allowed
enforcement of these types of covenants, including covenants that restrict the size of lots an
owner may attempt to subdivide. See Best Hill Coalition v. Halko, LLC, 144 Idaho 813, 172
P.3d 1088 (2007) and Post v. Murphy, 125 Idaho 473, 873 P.2d 118 (1994).
The Owners hereby demand that Open Door immediately withdraw the Open Door
Application and discontinue any further efforts to develop the lots in violation of the Compton
Restrictions. Please note that paragraph 18 of the Compton Restrictions provides for
enforcement of all legal and equitable remedies against any person violating any covenant after
Perkins Coie LLP
Corey Barton
July 8, 2024
Page 3
ten (10) days written notice, including injunctive relief and attorney fees and costs for such
enforcement action. In the event Open Door further pursues approval of the Open Door
Application, the Owners are prepared to enforce the Compton Restrictions to the fullest extent
permissible under Idaho law.
Your immediate attention is solicited.
Sincerely,
David T. Krueck
DTK:hml
cc: Shawn Brownlee, Trilogy Development
Owners
Perkins Coie LLP
ANGSTMAN JOHNSON
ATTORNEYS AND COUNSELORS BRIAN C.PETERSON
E-MAIL: BRIAN@a ANGSTMAN.COM
September 14, 2020
Via Email:
Matt Neukom
1520 W. Larry Lane
Meridian, ID 83646
RE: Assessment of Mike Homan Application for Annexation with
Rezone and Preliminary Plat at Meridian Planning & Zoning
Project/File: Tara's Landing—MPP20-0019/H-2020-0048
Dear Matt:
Currently before the Meridian City Planning and Zoning Commission is an application by
Mike Homan for the annexation with rezone and preliminary plat of a parcel within the Compton
Subdivision Number Two to develop Tara's Landing into 29 lots ("Homan Application"). You
have asked for an opinion about whether the Homan Application would violate the Compton
Subdivision Number Two covenants, conditions and restrictions ("Compton CCRs"). In my
opinion, the Homan Application does violate a protective covenant in the Compton CCRs
restricting lots less than one acre in size. The Homan Application seeks approval to create 29 lots
each between 4,000 and 6,500 square feet.
The Compton CCRs, a copy of which is attached as Exhibit A, were validly recorded as
Ada County Instrument No. 908606 in December 1974. The official plat of Compton Subdivision
Number Two, described in the Compton CCRs as the land to which the Compton CCRs apply,
was recorded as Ada County Instrument No. 908601 in December 1974, a copy of which is
attached as Exhibit B. The Compton CCRs contain the following applicable restrictions and
terms:
,,The said Compton Subdivision Number Two is to be divided into residential areas
of five acres or larger each and any lots larger than one acre may be resubdivided
by the owners thereof into parcels not less than one acre in size by compliance with
the local and state regulations and laws." (Compton CCRs at p. 1)
"These covenants shall run with the land and shall be binding on all persons owning
under them for a period of twenty-five(25)years from the date of recording hereof,
after which time such covenants shall be automatically extended for successive
periods of ten (10) years, unless at any time after the initial recording of the
instrument an instrument signed by the owners of 75%of the land of the subdivision
199 N. Capitol Blvd. I Ste 200 1 Boise, ID 83702 T 1 208-384-8588
www.angstman.com F 1 208-629-2157
has been recorded agreeing to change or terminate said covenants in whole or in
part." (Compton CCRs at p. 4)
The Compton CCRs prohibit an owner subdividing his parcel into lots less than one acre in size.
The burdens imposed by restrictive covenants run with the land; i.e.,they may be enforced
against one who purchases real property with notice of the covenants. See Indep. Sch. Dist. v.
Harris Family Ltd. P'ship, 150 Idaho 583, 589, 249 P.3d 382 (2011); Shawver v. Huckleberry
Estates, LLC, 140 Idaho 354, 365, 93 P.3d 685, 696 (2004). The Homan Application,which seeks
annexation and subdivision of Lot 4 of Compton Subdivision Number Two into 29 single-family
residential lots, each between 4,000 and 6,500 square feet, violates this one-acre covenant. The
Compton CCRs have renewed for successive ten-year periods, and are binding on the current lot
owners because owners of 75% of the land have not recorded an instrument amending the one-
acre restriction or terminating the Compton CCRs.
Very truly yours,
Brian C. Peterson
Attorney at Law
Enclosures
From: Shawn Brownlee<shawn@trilogyidaho.com>
Sent: Wednesday, May 4, 2022 2:44 PM
To: Matt Neukom; vic_bartlett@q.com;jwb111@q.com
Cc: ashley.neukom@gmail.com
Subject: RE: Meeting with Corey Barton
Attachments: 5000 W Larry Ln - recorded warranty deed.pdf; 6045 N Black Cat-
recorded warranty deed.pdf
Hi Matt,
Please find attached recorded 1-acre Blake Mays deeds.
Thanks,
TRILOGY
DEVELOPMENT
Shawn Brownlee
9839 W.Cable Car St
Suite 101
Boise,ID 83709
(208)895-8858 office
(208)860-8371 cell
(208)895-0714 fax
From: Matt Neukom
Sent: Wednesday, March 30, 2022 8:58 PM
To:Shawn Brownlee<shawn@trilogvidaho.com>; vic bartlett@q.com; iwb111@q.com
Cc: ashley.neukom@gmail.com
Subject: RE: Meeting with Corey Barton
Hi Shawn:
Thanks for the phone call today and the voicemail. I've been quite busy working on a deadline but heard
your message. Would you mind summarizing in an email Corey's intent as well as steps and timeframe?
Thanks, Matt
Matt A.Neukom
JC Constructors,Inc.
1305 E.Columbia Road
Meridian,ID 83642
Cell:208-965-3244 Fax:208-895-8106
From:Shawn Brownlee [mailto:shawn@trilogvidaho.com]
Sent: Wednesday, March 23, 2022 1:42 PM
To: Matt Neukom <Matt@iccboise.com>; vic bartlett@q.com; iwb111@q.com
Cc: ashley.neukom@gmail.com
Subject: RE: Meeting with Corey Barton
Hi Matt,
As we discussed by phone on 3/17/22,we do not currently have a plan to make any changes to Parcels
R1527510043 and R1527510023. And as discussed at our meeting on 3/10/22, any changes to those
parcels will be made if/when development of the properties owned by Open Door Rentals occurs,
according to the CC&Rs and Codes in effect at the time of development.
Thanks,
TRILOGY
DEVELOPMENT
Shawn Brownlee
9839 W.Cable Car St
Suite 101
Boise,ID 83709
(208)895-8858 office
(208)860-8371 cell
(208)895-0714 fax
From: Matt Neukom
Sent:Thursday, March 17, 2022 3:35 PM
To:Shawn Brownlee<shawn@trilogvidaho.com>; vic bartlett@q.com; iwb111@q.com
Cc: ashley.neukom@gmail.com
Subject: RE: Meeting with Corey Barton
Jack and Vickie:
Shawn called today and asked if he could respond to the below email by next Wednesday when he
would be meeting with Corey Barton. I told him that would be fine.
Thanks,
Matt
Matt A.Neukom
JC Constructors,Inc.
1305 E.Columbia Road
Meridian,ID 83642
Cell:208-965-3244 Fax:208-895-8106
From: Matt Neukom
Sent: Friday, March 11, 2022 3:28 PM
To: 'Shawn Brownlee' <shawn@trilogvidaho.com>; vic bartlett@q.com; jwb111@q.com
Cc: ashley.neukom@gmail.com
Subject: RE: Meeting with Corey Barton
Hello Shawn:
Thanks again for getting the group together yesterday. I'm sure Corey is very busy and we were glad to
meet with both of you.
I'm attaching an electronic copy of the document I handed out during our meeting yesterday. During
the meeting, Corey agreed our request for the lots containing the Bagley (5000 Larry Lane) and Siron
(6045 Black Cat) houses be adjusted to the minimum of one acre size, as required by the CCRs. Please
provide a written response confirmation with a schedule for the adjustment by close of business
Thursday, March 17, 2022. An email will suffice.
Thanks,
Matt
Matt A.Neukom
JC Constructors,Inc.
1305 E.Columbia Road
Meridian,ID 83642
Cell:208-965-3244 Fax:208-895-8106
From:Shawn Brownlee [mailto:shawn@trilogyidaho.com]
Sent: Monday, March 7, 2022 9:07 AM
To: Matt Neukom <Matt@Iccboise.com>;vic bartlett@q.com; Iwb111@q.com
Cc: ashley.neukom@gmail.com
Subject: RE: Meeting with Corey Barton
Good morning,
Thank you, we will see you this Thursday 1pm at Corey's office.
TRILOGY
DEVELOPMENT
Shawn Brownlee
9839 W.Cable Car St
Suite 101
Boise,ID 83709
(208)895-8858 office
(208)860-8371 cell
(208)895-0714 fax
From: Matt Neukom
Sent: Sunday, March 6, 2022 7:44 AM
To:Shawn Brownlee<shawn@trilogvidaho.com>; vic bartlett@q.com;jwb111@q.com
Cc: ashley.neukom@gmail.com
Subject: RE: Meeting with Corey Barton
Hello Shawn:
The below proposal works for us.
Thanks,
Matt
Matt A.Neukom
JC Constructors,Inc.
1305 E.Columbia Road
Meridian,ID 83642
Cell:208-965-3244 Fax:208-895-8106
From:Shawn Brownlee [mailto:shawn@trilogvidaho.com]
Sent: Friday, March 4, 2022 2:40 PM
To: Matt Neukom <Matt@Iccboise.com>;vic bartlett@q.com; Iwb111@q.com
Cc: ashley.neukom@gmail.com
Subject: RE: Meeting with Corey Barton
Good afternoon all,
Thanks for allowing me to reschedule our meeting. Will Thursday March 10th 1pm at CBH's office work
to meet? Meeting will be limited to 1 hour, Corey has a 2pm meeting. Please let me know if date and
time will work for everyone.
Thanks again,
From: Matt Neukom <Matt@iccboise.com>
Sent:Thursday, February 24, 2022 4:38 PM
To:Shawn Brownlee<shawn@trilogyidaho.com>; vic bartlett@q.com; iwb111@q.com
Cc: ashley.neukom@gmail.com
Subject: RE: Meeting with Corey Barton
Hello Shawn:
We're all available to meet as proposed below.
As discussed, the topic will be the lot sizes containing the Siron and Bagley houses.
Vickie mentioned you were going to invite Jane. We'd prefer limit attendance to the four parties
presently listed.
We'll see you then.
Thanks,
Matt
Matt A.Neukom
JC Constructors,Inc.
1305 E.Columbia Road
Meridian,ID 83642
Cell:208-965-3244 Fax:208-895-8106
From:Shawn Brownlee [mailto:shawn@trilogyidaho.com]
Sent: Wednesday, February 23, 2022 4:52 PM
To:vic bartlett@q.com; iwb111@q.com; Matt Neukom <Matt@Iccboise.com>
Subject: Meeting with Corey Barton
Hi All,
Corey Barton is available to meet next Tuesday March 1"9am at his office.
CBH OFFICE 1977 E. Overland Road, Meridian, ID 83642
Thanks,
TRILOGY
DEVELOPMENT
Shawn Brownlee
9839 W.Cable Car St
Suite 101
Boise,ID 83709
(208)895-8858 office
(208)860-8371 cell
(208)895-0714 fax
Matt &Ashley Neukom
5120 West Larry Lane
Meridian, ID 83646
July 1, 2020
City of Meridian
Planning and Zoning Commission
33 East Broadway
Meridian, ID 83642
Delivered via email to: cityclerk@meridiancity.org and atiefenbach@meridiancity.org
Re: Tara's Landing AZ, PP H-2020-0048
Dear Planning and Zoning Commission:
We own the property immediately to the north of the location for this proposed development. Thus,
our southerly property line is the northerly property line of the proposed development.
We are writing to request that you decline approval for the proposed subdivision. We have reviewed
the information in the Development Application available on the City's website as well as plans provided
by Mr. Mike Homan that show annexation rezoning to R-8 and subdividing the property with 29 building
lots with common areas. We (Matt) also attended the neighborhood meeting to speak directly with Mr.
Homan regarding his proposed plans; see attached letter dated February 27, 2020 to Mr. Homan.
CC&Rs for Compton's Subdivision Number 2 exist, in which 5025 Larry Lane belongs. The CC&Rs require
that subdivided lots be not less than one acre in size. The CC&Rs, which are attached,were recorded
December 6, 1973 in instrument number 868-311. Based on legal counsel we have recently received,
the CC&Rs are binding on properties within the subdivision. Each owner within the subdivision
purchased their property based on the requirements and rights within the CC&Rs. To date, each
property owner has respected the rules within the CC&Rs as well as those property rights of their
neighbors. By disregarding the CC&Rs, Homan Land Development is not only creating a land density
prohibited by the subdivision but forcing property owners opposing this development to defend their
legal rights.
We support development within the density provided by the CC&Rs of 1-acre lots. If that land density is
unacceptable to property owners, paragraph 17 of the CC&Rs provides a mechanism for changing it by
gaining the consensus of 75%of the land owners within the subdivision. Thus, please deny this
application for development because it falls outside the covenants and suggest that Mr. Homan pursue
legally changing them with the other owners within the subdivision.
Please contact us if you have questions about this information.
Sincerely,
Matt A. Neukom Ashley E. Neukom
matt@4ccboise.com
208-965-3244
CC: Jack and Vicky Bartlett,delivered via email to jwb111@q.com and vic bartlett@q.com
John and Libby Bagley,delivered via email to dancerdog2@gmail.com and jbagley604@gmail.com
Mike and Jan Siren,delivered via email to esiron@msn.com
Dan and Tami Cuthill,delivered via email to cuthill@iglide.net
Matt & Ashley Neukom
5120 West Larry Lane
Meridian, ID 83646
February 27, 2020
Mr. Mike Homan
Homan Land Development
2229 W State Street,Ste. B
Boise, ID 83702-3200
Re: 5025 Larry Lane Annexation
Dear Mr. Homan:
We have reviewed the plans you have provided for 5025 Larry Lane Meridian that show annexation
rezoning to R-8 and subdividing the property with up to 31 building lots with common areas.
You stated on the phone that you are aware of the CC&Rs for Compton's Subdivision Number 2 in which
5025 Larry Lane belongs. You also stated that you are aware of the CC&Rs' requirement that lots be re-
subdivided into parcels not less than one acre in size. Please provide information to justify rezoning to
R-8 and subdividing 31 building lots without conforming to the CC&Rs.
The CC&Rs for Compton's Subdivision Number 2 originated from the original subdivider. Each owner
presently within the subdivision purchased their property based on the requirements and rights within
the CC&Rs. To date, each property owner has respected the rules within the CC&Rs as well as those
property rights the CC&Rs grants to their neighbors. By disregarding the CC&Rs, Homan Land
Development is not only creating a land density prohibited by the subdivision but disrespecting the
collective guideline in which we have all agreed to live.
Until we receive ample justification of the rezoning without conformance to the CC&Rs and observe
consensus from the other owners within the subdivision, we cannot support Homan Land
Development's proposed rezoning or subdivision. Section 17 of the CC&Rs provides a means to modify
the CC&Rs while simultaneously gaining consensus from 75%of property owners of the subdivision. We
suggest that this process be followed prior to proceeding with Homan Land Development's proposal.
Please contact me if you have questions about this information.
Sincerely,
Matt A. Neukom Ashley E. Neukom
matt@bccboise.com
208-965-3244
CC: Jack and Vicky Bartlett,delivered via email to iwb111@q.com and vic bartlett@g.com
John and Libby Bagley,delivered via email to dancerdog2@gmail.com and jbagley604@gmail.com
Mike and Jan Siren,delivered via email to esiron@msn.com
Dan and Tami Cuthill,delivered via email to cuthill@iglide.net
City of Meridian Planning Department,33 E Broadway Ave.Suite 102 Meridian,ID 83642