2020-07-01 Matt and Ashley NeukomMatt & 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
matt@iccboise.com
208-965-3244
Ashley E. Neukom
CC: Jack and Vicky Bartlett, delivered via email to iwb111@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
matt@iccboise.com
208-965-3244
Ashley E. Neukom
CC: Jack and Vicky Bartlett, delivered via email to iwb111@q.com and vic bartlett@q.com
John and Libby Bagley, delivered via email to dancerdog2@gmail.com and Ibagley604@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
:90✓
COON SUBDIVISION WAM 2 - --._
Dated: December 6, 1973 3 j' 43 S 3 (o
Recorded: December 6, 1973'
instrument No. 868-311
The undersigned being the owners of the property hereinafter described,
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
as the Compton Subdivision 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. _
Tha iiid 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
_ r'k'idividedby 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 ran'with the land and be in force and effect for twenty-five (25)
y ars'Eireafter unless sooner terminated by agreement of the owners of the _
i seventy --five (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 sdbavision'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 U. COJIPTON
AND LAMP 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*mv ttee, the remaining 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 coL=d.ttee, 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)
. ' 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—ii�ve (25) feet to any -side line. No bar�if
loafing shed or other buildings for housing or care of any animis sha]I a .
Placed within one hundred (100) feet of any established residence _.
or Individed well, nor nearer than one hundred fifty1 fig, `
front line. (50) feet from the• _.
(4) Construction of any residences or churches on the subdivision shall be.
diligent1y•pursued after commencement thereof, residences to be completed;
within one (1) year and churches within eighteen (18) months after
eommencement.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) Na shack, tent, Mobile Home, Trailer house, or basement only,'eha11
be used within this subdivision for living quarters, permanent, not to exceed
six (6) months during construction.
(7) Nothing'of an offensive, dangerous, odorcus," 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 premises shall be properly fed and cared for
and shall be adequately fenced so as not to annoy or trespass upon the use
Of the property of others. Numbers of an4mnlre shall be kept to such numbers as
not to create unsightliness, excessive noise, offensive odors or dariberous
conditions. No business 'shall be conducted on the above property that
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" $ 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.
Lr
(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 *dch
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 responsible.
ti�4'1303
' page 3
Instrument No. $b& 311 .
(1.2) Fences: No fence, hedge or boundary mall situated anywhere upon a
building site shall have a haight 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•
and originate front a well to be drilled and excavated by the Granteeat 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
be responsible for cleaning and upkeep on his irrigation supply ditches and
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.
(lit) 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 plan s therefor shall
have been issued by the Ada County Road Supervisor, with respect to the adequacy
of such installations for drainage purposes.
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 (2n)gears from
the date of the 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 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 lTitir'SS 3EREOF we have set our hands this 25th day of Novembe a 197.4
/ John R. Co n Iris M. Conpt,zm
:":•STATE OF IDARO)
r COLT= OF ADA SS
-
�- biF-this �5th day of November 397u before me, a 2.0 y T tarry- plblic
a.iP And for said State, personally appeared JOB R. Compton
? Iris M. Compton
r:
..........-and
known to me to be the persons whose names are subscribed i
e above ns �ent
and acknowledged to me that they executed the same. —'e- j ` �
Residing at B6ise, Ida Notary, pu � for, Icahn
t
Pass '
- Instr meat Ho. 868-311' ti _. • _ -
I _BMW ACM TO THE COVE Ai;TS BE= MCBM FOR CUT�Oi(SUMVISIUiI :-
)WIM TVO� (2), BY Tay aaGIM C WM JO HN R. COMP= An IBIS X..
-meat cures G. Giles
vutl iia, B-za ft, Secy.-Treas.. Linda X. Cuilm
-4.
Comm CT LOT No. is
Jane Betzso t
�`TATf QF JOW, Qai)Nf'Y (IF ADO, sF yJ
F40 fq� woo at the
�iill•,D.1�sc,cQ_o�dotk-IL
_
if) u
4 W r?2w a °J
C3�wcEQOCe
.r w ce =
e-- Z
c, 210
u, w $ I I
LLJ_�_
sn Pam— �
c� C? °°
C �' T CD a v o m n
V N (2
OA k cn cn t cz
er.
N
N � -
o�ras
�
3
ryd
\ 0.M
BSoVMg�,
�Vtivv�°j
v
ZZS
v
I
�
�
al
I
I
I
N
M
912979 �l
WARRANTY DEED
FOR VALUE RECEIVED
JOID" R. CO:LtTON and IP.IS M. COMPTON, husband and wife,
thee Grantors , do hereb}' g
grant, bargain, sell and convey tintu
`�/ CURTIS G. GUILES and LINDA K. GUILES, husband and wife,\/
the Grantees , those address is
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.
TO I -LAVE AIND, TO HOLD the said premises, with their appurt•_nanccs unto the said Grantees ,
their heirs and assigns forever. And the said Gr rotors do hereby covenant to
and %vith the said Grantee s, that they are the own,-:- sin fee simple of said premises; that
said premises are free from all encumbrances
and that the y will warrant and defend the sane from all lawful claims whatsoever.
Dated: ri /
%may' L � ' � % �� � . �iy J �i / ,: , •r�/�-rr� rr.->
STATE OF IDA HO, COUNrY OFpda
On this ! day o�{—l— 1974 .
before me, a notary public in and foe said State, personally
appeared
NAIL TAX .NOTICE. TO:
Address
- john R_ Compton and
City 5c State_ Zip
Iris M. Compton,
husband and
_ --m to me tc be the perso na^, w-ho se name s are
;ubsen-bed to t1ie tvithir. to omen[, and aeI nowled�ed to
theg`l:ai� K' uted the sane.
�--c
+1r\iL DEED 1'U:
—
t
' �-:.Lag at E015•?� . Idaho
/
C2pirOI
^ "
v
c � v aJ
0