ARC Committee Guide: Reviewing Modification of Setbacks Requests (MSRs)

The original framers of our CCRs had a vision for a neighborhood that was cohesive yet adaptable. While they wanted the homes to follow certain aesthetic principles, they also understood that our properties are unique in shape, contour, and location which can be challenging. This is why they included provisions like 3.203 in the CCRs, which gives the Architectural Committee the authority to modify setbacks and height limitations when justified by the specific characteristics of a lot.

Key Points 

  1. Purpose of the CCRs:

    • Fence Height Limitations: The 4’ height limit for fences in front yards is intended to avoid a “fortress” appearance and ensure houses—not fences—remain the visual focal point of the neighborhood.

    • Setbacks were intended to create a well-spaced feeling, to maintain the neighborhood’s open aesthetic from the street.

      2. Visual Impact:

When evaluating a request, the Architectural Committee should ask:

  • Does the proposed request align with the original vision of the framers?

  • Does it avoid disrupting the neighborhood’s cohesive appearance?

  • Is it built in a unique area, such as a wash, behind the house, at the base of a hill, or some other feature that justifies the modification?

      3. Flexibility in the CCRs:

  • Section 3.203 allows us to adapt these guidelines where justified by the specific shape, contour, or location of a lot.

  • There is no absolute minimum setback listed in the CCRs, the committee has discretion to approve modifications based on the unique characteristics of a property.

     4. Neighbor Approval:

  • Neighbor approval is not required for setback modifications. However, we encourage petitioners to notify shared lot line neighbors about their project. 

  • If a petitioner cannot reach their neighbor, the committee will send a written notification informing the neighbor of the MSR and give them an opportunity to respond.

  • Neighbor objections must make the case that the petitioner request does not meet the criteria listed in 3.203. The committee may consider these objections when evaluating the request.

  • Appeal Process: If a neighbor disagrees with an approved variance, they can appeal the committee’s decision to the Board of Directors under Section 2.216. 

Avoiding Legal Pitfalls

MSR denials should focus on established criteria located in our founding documents rather than personal preferences or neighbor objections unless those objections align with documented criteria in our founding documents.

Appeals Process. Decisions by The Architect and The Architectural Committee may be appealed to the Board of Directors of The Association. Decisions by the Board of Directors of The Association will be final and will be in writing.  2.216. Decisions by The Architect and The Architectural Committee may be appealed to the Board of Directors of The Association. Decisions by the Board of Directors of The Association will be final and will be in writing.

Conclusion:
The purpose of 3.203 is to provide flexibility while ensuring we maintain the original aesthetic intent of the CCRs. As a committee, our role is to weigh each request carefully, considering the visual impact, the uniqueness of the property, and the broader framework set by the CCRs. If a modification supports the neighborhood’s overall harmony while addressing the unique challenges of a specific lot, it’s within our discretion to approve it.