CC - Applicant Email to City Council's in regards to Continuance of Hearing to 4-20
Charlene Way
From:Joseph Dodson
Sent:Thursday, April 15, 2021 8:54 AM
To:City Clerk
Subject:FW: Meridian City Council
Attachments:ArticlesofInc_Dunwoody_March2021.pdf; Scan.jpeg
Hello,
Please see the below email as an update from the Applicant regarding the Council’s continuance to the upcoming
th
hearing date of April 20. Please add to the public record.
Thank you!
Joseph Dodson | Current Associate Planner
City of Meridian | Community Development
33 E. Broadway Ave., Meridian, Idaho 83642
Phone: 208.884.5533 |
Built for Business, Designed for Living
All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to the Idaho law,
in regards to both release and retention, and may be released upon request, unless exempt from disclosure by law.
From: Michael Miller <michael@homefoundgroup.com>
Sent: Wednesday, April 14, 2021 3:58 PM
To: Joseph Dodson <jdodson@meridiancity.org>
Subject: To: Meridian City Council
External Sender - Please use caution with links or attachments.
Mayor and Council members,
Thank you for your time and consideration of our project, Ambles Run, located in Northeast Meridian. We respectfully
followed the council's recommendation to meet with the neighboring HOA to try and find a resolution. We set up a meeting
with Dale Hope, the property owner directly neighboring our project to the east, and Jeff Wilding, the HOA president. Dale
asked if we would do 2 lots on the eastern side. He also does not want a fence along the border of our properties. The
HOA president went on to say that they want the property owner to the north of our parcel to terminate the road on his
property in a cul-de-sac. I have attached an image below of what they are looking for... It is outside our purview to make
decisions for the neighboring developer or let him know whether ACHD/CityMeridian will agree to such a plan. We were
grateful for the chance to sit down together at a common table and attempt to find a path forward. It was a
humanizing experience. We did, however, ask that we be included in a vote on the 5 lot compromise, but were denied
an invite to the HOA meeting that was held on April 13th, and again denied a vote in the decision on our land.
We have engaged with the legal council at Holland & Hart. Our lawyer maintains that we either are a part of the
subdivision and therefore subject to the CCR's and have a right to vote, or we are excluded from both. They can't have it
both ways. Furthermore the HOA has not legally existed until after our application was filed, casting into doubt whether
the HOA has any hold, sway or jurisdiction over the parcel in question. Their lawyer filed their Articles of Incorporation with
1
the secretary of state on March 12, 2021. I have attached the record below. I understand now why they never provided
bylaws... they have not operated as a legally recorded non-profit for 30 years.
We haven't decided what to do with this information as yet. We are hopeful that our meeting in good faith with the
Dunwoody point-people would suffice to come to a respectful resolution. As of the drafting of this letter, we have not heard
back about the outcome of the vote. We believe the plan for six half-acre lots is a good one. It provides a good transition,
good diversity of development for Meridian. What’s more there is a market for these homes that is currently unsatisfied,
and the plan honors the neighboring developments, as well as opens the door for 3 other developers. It is good for the
neighborhood and the city. Two 1 acre lots is cost prohibitive. It would cost us money to develop the land with
negligible returns for our time and investment. It would be cheaper to sit on the land, which would ostensibly leave all 15
acres landlocked.
A higher judicial review of these findings may be in order. I would truly like to know how a judge would look at a
homeowner being denied not only a vote but access to the meeting at which a vote about the future of the affected land
would take place. Especially as that vote was conducted by an entity that has operated without legal sanction for 30
years. I appreciate the council's concerns about finding a diplomatic solution. We have continued to make reasonable
concessions with regards to our Dunwoody neighbors- adjusting from an initial plan of 8 lots, down to 6, and potentially
down to 5. We have operated in a spirit of cooperation and concern, making other considerations for the privacy and
continuity of our neighbors in both Dunwoody and Vienna Woods.
It is currently April 14th and we have not heard word back from the HOA on their meeting and the subsequent vote on
the matter. I look forward to a peaceful, respectful resolution. In the meantime I would like to provide these findings to
Council in a timely manner as our impending hearing is only days away.
Best Regards,
MM
Michael Miller
Founder/Realtor, HomeFound
208-866-1487
www.HomeFoundGroup.com
Silvercreek Realty Group
2
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STATE OF IDAHO O1
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Office of the secretary of state, Lawerence Denney For Office Use Only M
y 4 c ARTICLES OF INCORPORATION (NONPROFIT) -FILED- CD
*� R Idaho Secretary of State CD
PO Box 83720 File#:0004206352 W
ATE o4 Boise, ID 83720-0080
\(208)334-2301 Date Filed: 3/12/2021 11:32:47 AM
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Filing Fee:$30.00
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Articles of Incorporation(Nonprofit)
Select one: Standard, Expedited or Same Day Service(see Standard (filing fee$30)
descriptions below) F,
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Article 1:Corporation Name W
Entity name Dunwoody Homeowners'Association, Inc.
Article 2:Effective Date
The corporation shall be effective when filed with the Secretary of State.
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Article 3:Purpose (D
The purpose for which the corporation is organized is: Homeowners Association n
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Article 4:Voting Members:
The corporation has voting members.
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Article 5:Asset Distribution on Dissolution 0-
Upon dissolution the assets shall be distributed: the residual assets of the Corporation(after all creditors of the 0'
Corporation have been paid),shall be distributed to the members k<
prorated in accordance with their respective membership
interests. H
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Article 6:IRS Designation
Is this nonprofit a 501(c)3? No U�
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Article 7:The mailing address of the corporation shall be: (�
Mailing Address 1842 E DUNWOODY CT
MERIDIAN, ID 83646-6351 N
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Article 8:Registered Agent Name and Address
Registered Agent TERRI PICKENS MANWEILER
Registered Agent
Physical Address O
398 S 9TH ST STE 240 F-h
BOISE, ID 83702 W
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® 1 affirm that the registered agent appointed has consented to serve as registered agent for this entity. rf
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Article 9:Incorporator Name(s)and Address(es) r
Name Incorporator Address
Terri Pickens Manweiler 398 S 9TH ST STE 240 (D
BOISE, ID 83702 ri
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Article 10:Director Name(s)and Address(es) n
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Name Title Director Address
Jeff Wilding President 1842 E DUNWOODY CT ((:JD
MERIDIAN, ID 83646
Sandy Anderson Secretary 1842 E DUNWOODY CT (D
MERIDIAN, ID 83646 k<
Lori Lewis Vice President 1842 E DUNWOODY CT
MERIDIAN, ID 83646
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