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Home My WebLink AboutLetter by Kent Borgam w/attachmentsCity of Meridian ~ ~ ~ ~ ~ City Clerk's Office -`-~ ~~` ~~-s~ ~ t$ Meridian Planning and Zoning Commission NOV 1 2 2007 33 E Idaho Ave Meridian, Idaho 83642 City C?£Meridianl City Clerk ®fficF Re: Application AZ o~-oi5 Location: i65o Dunwoody Ct Applicant: Marshall and Karla Williams, MarKar Design & Construction To Whom it may concern, I am writing this in protest of the application mentioned above. I am currently the president of the Dunwoody HOA and would like to state our position and concerns. I have enclosed with this letter two other letters pertaining to this situation. The first letter is a copy of one sent to Mike & Kim Callahan the former owners of the above mentioned property and in this letter we clearly make known that this property was to be sold only as a single dwelling lot and could not be further subdivided according to the CC&R's of the HOA. The second letter is a copy of one sent from our attorney to the Williams again restating this position to them and citing the section of the CC&R's that address this issue. The Williams have from the time they purchased this property fully understood the CC&R's of this property but have instead chosen to ignore them and pursue an avenue of intent to deceive the homeowners of this subdivision. They have planned all along to try to subdivide this property knowing that it was in violation of the HOA CC&R's. As a HOA we are fully prepared to defend to the end our CC&R's and have obtained the firm of Davison, Copple, Copple & Cox to represent us. It is our sincere hope that the City of Meridian will not chose to reward the activities of those who set out to intentionally deceive its citizens. Please deny the above application and send a strong message to those who deal in dishonest means with the citizens of Meridian. Thank you for your consideration. Sincerely, Kent Borgman Dunwoody HOA President ~~ 4 Davison, Copple, Copple & Cox, -rr.P attorneys at Law Direct Contact: 199 North Capitol Boulevard, #600 Post Offica Box 1583 Terry C. Copple, Esq. Boise, Idaho 83701 Direct: (208) 342-3766 E-Mail: tccoplsleQdavisoncopple.com hctpJlwww.davisoncopple.cam Apri13, 2006 SENT VIA FIRST CLASS MAIL/CERTIFIED MAIL Marshall and. Karla Williams MazKar Design & Construction, Inc,. 2065 East Fairview Avenue Meridian, Idaho 83642 Re: Dunwoody Subdivision: Lot 1, Block.l Dear Mr. sud Mrs. Williams: Telephoner (208) 342 3658 Facsimile:.(208) 386-9428 ~..t ~/ ,. NOV ~ ~ 200]` (;its ~f Meridian City C~ler~ Office This office represents the Dtinwoody Homeowner's Association and we zmdeistand that You recently spoke with David J. Dean of the Association with regard to the lot owned by you in the Subdivision. When Kim Callahan approached the Architech~al Control Committee of Dtuuwoody Subdivision, she indicated her desire to change Lot 1 to a buildable lot from an open space lot and that approval was given. in letter form specifically approving the 1.5 acre Lot 1 to a buildable lot for gig home. In discussions which you recently had with David J. Deer, you indicated that you may desire.to ffnther subdivide that lot in the Subdivision Accordingly, we have been asked by the Association to contact you and outline the reafirictions applicable to your Lot 1, Black 1 of lhmwoody Subdivision as set forth in the Declaration of Covenants, Conditions, Restrictions and Easements for Dunwoody Subdivision dated November 1,199Q, reeamded as Ada County Instnimeat No. 1259001201. Initially it should be noted that all lots in the subdivision are liinit~i to either residential or open space uses. The CCdtRsspecificallystatethat tha lotaare to be"exclusively"for sisgte-familynsidentiat purposes and thus any effort to use the property far arty other purpose would be a violation of the covenants. Marshall and Karla Williams MarKar Design & Construction, Inc. April 3, 2006 - Page 2 It should also be emphasized that the covenants also prohibit any type of commercial or business use on any of the lots in the subdivision. Accordingly, if any lot were to be sold to someone who wanted to put a commercial use on the lot, then the Association- and the owners in the subdivision would have the right to institute litigation to prohibit the development ofthe lot for such purposes. Another significant right of the Architc~iural Control Committee is the power over all approvals of all uses and plans for improvements on lots in the subdivision. Section 5.03 of the covenants specifically states that no improvement can be constructed on any lot, including Lot 1, without the plans and use being approved by the Architectural Control Committee. Accordingly, if an effort was made tp put an inappropriate structure on the lot, litigation should be filed to seek a court order prohibiting the construction of such an unacceptable home or other improvement. Finally, the covenants applicable to Lot 1 also prohibit any Iot in the subdivision from being further subdivided. In other words, if someone purchased the lot with the intent of dividing it into additional lots, they would be prohibited from doing so by the subdivision's covenants. The restriction on subdividing the lot is binding on the lot as a result of the covenants and is not something Ada County or any other governmental authority has the right to waive or modify. - We also note with regard to Lot 1 that there is a landscape easaoo~t along t~ front of the Property on North Locust Grave Road and thus any current or fcrttu~e owner of Lot i cwild not construct an improvement on the landscape easement area without the approval of the Architectural Control Committee. Based upon the foregoing, the subdivision does have significant paweTS to restrict development an Lot 1 that would be unacceptable to the residents of the subdivision. We hope that we have clarified your obligations as an owner in the Subdivision with regard to your lbt. The Association remains committed to working with you in reviewing any P~ and specifications you may have with regard to the construction of one single-family dwelling on the lot, but we did want to make you aware of all of the other restrictions applicable to the lot which will be strictly e~.forced by the Association and the other homeowners in the Subdivision. Marshall and Karla Williams MarKar Design & Construction, Inc. April 3, 2406 Page. 3 If you have any questions concerning your obligations in the Subdivision, please do not hesitate to contact David J. Dean or the undersigned. - Very truly yours, DAMSON, COPPLE, COPPLE & COX, i.r r TCC/tak - Tay C. Co le, of Dunwoody Homeowners' Association 1746 E. Duawoody Court Meridian, Idaho 83642 Michael & Kim Callahan 1682 E. Dunwoody Court Meridian, Idaho 83642 Dear Michael & Kim, ~~1~~. NOV 12 2007 City Of Meridian City Clerk Office In reference to Lot 1 Block 1 of Dunwoody Subdivision, which is an open space lot, the Dunwoody Homeowners Association Board of Directors, which also serves as the Architectural Control Committee, has considered your request to sell Lot 1 as a buildable lot Since the open space requirement reaches 15 years on November 1, 2005, and at this time c:e'riain open space lots would be potential building sites. Lots 16,26, and 28 are specifically addressed in the CC dr R's in regards to fitture development. The Board, with input fmm other homeowners has determined that Lot 1 appears to lend itself to being a buildable lot once the fifteen year open space moratorium ends (11-1-05) since the size of the lo# (1 '/2 acres) would be similar to other lots in Dunwoody Subdivision. and Lot 1 also has substantial frontage on Dunwoody Court. It is our feeling that selling this lot for a building lot for one home would be fine, but the new owners would be subject to the lh~nwoody CC 8t R's and would be required to pay annual dues (ciarently ~Z50/year). Perhaps one other item which should be addressed is the berm that is north of Dunwoody Ct. The property you are selling inchxles the beam, and it would be our desire to have the new owners hook into the sprinklers for this berm. ffthey would sprinkle t he berm, the Homeowners Association would maintain it. If you or the potential buyers have any questions or need further infon, please ooatact nee. Sincerely, David J. Dean 939-1534