HomeMy WebLinkAboutLetter from Kent Borgmanr
REC.~IVED
City of Meridian
DEC 1.8 2007
City Clerk's Office
Meridian City Council City ofMeridisn
33 E Idaho Ave ~ ,City Clerk Office
Meridian, Idaho 83642 ~ ~j 1f
~,
Re: Application AZ o~-oi5
Location: i65o Dunwoody Ct
Applicant: Marshall and Karla Williams, MarKar Design & Construction
Dear Meridian Council Members and Mayor,
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 sent two other letters pertaining to this situation to the
P&Z committee at the first hearing. The first letter was 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 was 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.
At the P&Z hearing Mr. Williams admitted for the first time that it was his
~' intent to subdivide his property despite the letter received from us and the
CC&R's provided to him. He went on to say after that he was going to move into
the home himself until he got to know his neighbors referring to the homeowners
of the Dunwoody subdivision that were present at the hearing. His total disregard
for the CC&R's and rude comments to the homeowners' displays the core truth of
his actions which have been that of total lies and deception from the moment he
sought to purchase the property.
We the homeowners of Dunwoody seek only to protect our CC&R's and the
lifestyle we all bought into in this area. We are all on well and septic systems and
have no desire at this time to change. When we consulted the P&Z department
prior to the hearing we were advised that a development agreement was the way
for us to go but when it was brought up at the hearing the commissioners said
they had never heard of such a thing and the very people that advised us of it sat
their mute when asked if they had ever heard of such an agreement. -
We are~total-l-y-convinced that Mr. Williams due to his deceptive tactics
intends to subdivide this property to allow more than one home on this lot which
is against our CC&R's. We would like the council to protect the rights of our
homeowners and our CC$zR's and put into writing that this property shall not be
allowed to be subdivided by this owner or any in the future until and unless the
CC&R's of the Dunwoody subdivision are amended to allow such development.
This will protect our homeowners from any further legal cost or measures needed
to protect us from an~P further development actions with regards to this property.
If you choose o allow this property to be annexed and change the zoning
of the lot please also provide protection to this HOA and its CC&R's to prevent
any further legal battles. Obviously our first choice would be to deny the
annexation and rezoning of the lot. Please send a strong message to those who
choose to deal in dishonest and deceptive means with the citizens of Meridian.
Thank you for your consideration.
Sincerely,
Kent Borgman
Dunwoody HOA President