Homeowner Setback Modification Process

Homeowners requesting a Modification of Setbacks (MSR) must clearly justify their request in writing by explaining how the unique features of their property warrant modification of the setbacks. It’s the homeowner’s responsibility to ensure the request meets the criteria outlined in Section 3.203 of the CCRs. 3.203.  In cases where the lot is so located, or its shape or contour is such as to justify it, The Architectural Committee may modify the setback lines and may also waive the height limitations.

To ensure a smooth review process, homeowners requesting a setback modification must provide the following:.

  • Identify Unique Features: Clearly explain what makes your lot unique (e.g., differences in height between the street and the building location, distance between buildings, near a wash, or having other distinctive features) and how the proposed modification aligns with the original framers' intent for lots to appear well-spaced and harmonious within the neighborhood.

  • Supporting Evidence: Include pictures, dimensions, and any other relevant information to support your request.

  • Justification: Provide a strong justification for why you believe the setback  modification adheres to the neighborhood’s vision and aesthetic guidelines.

Step 1: Submission Requirements

Homeowners must submit a written request including:

  1. Description of the proposed modification.

    • Identify Unique Features: Clearly explain what makes your lot unique (e.g., differences in height between the street and the building location, distance between buildings, near a wash, or having other distinctive features) and how the proposed modification aligns with the original framers' intent for lots to appear well-spaced and harmonious within the neighborhood.

    • Supporting Evidence: Include pictures, dimensions, and any other relevant information to support your request. 

    • Justification: Provide a strong justification for why you believe the setback  modification adheres to the neighborhood’s vision and aesthetic guidelines.

  2. Site Plan - PimaMaps

  3. Supporting Documentation.

    • Photos of the area (optional but recommended).

    • Any relevant municipal or county permits (not required).

    • SCE Architect recommendation 

    • Letter from neighbor (not required) 

Neighbor Notification 

(Not required but encouraged)

  • ARC encourages homeowners to notify shared lot line neighbor about their proposed modification. Written neighbor approval is not required but discussing your plans with affected neighbor works to foster communication and avoid disputes.

Suggested script: "I plan to submit a request to modify my setback to [X distance] for [purpose]. I want to share my plans and see if you have any concerns."

  • Note: While neighbors may provide feedback, their acknowledgment does not constitute approval or veto power over ARC decisions. If you are unable to reach your neighbor the Architect Committee will send a letter, advising them of the petition to modify the setbacks and give them an opportunity to comment.  

Conclusion

The purpose of Section 3.203 is to provide flexibility while preserving the original aesthetic vision of the CCRs. The committee’s role is to evaluate each request carefully, weighing its visual impact, the uniqueness of the property, and the overall harmony of the neighborhood. If a modification maintains the neighborhood’s cohesion while addressing specific challenges of a lot, it is within the committee’s discretion to approve it.

Step 4: ARC Criteria, Review and Decision

The ARC will review each application based on the following criteria:

  1. Compliance with Legal and Community Standards

    • Consistency with local zoning/building codes.

    • Adherence to HOA governing documents (CC&Rs).

  2. Aesthetic Consistency CCR2.2132

    • Maintaining harmony with the neighborhood’s architectural style and landscape.

  3. Neighbor Concerns

    • While not legally binding, ARC may review concerns raised during the notification process to see if those objections align with documented criteria.

  4. Architect recommendation

    • Does the architect recommend the structure other than the setback concerns

Setback modifications are approved at the discretion of the Architectural Review Committee (ARC) in compliance with SCEHOA CCR3.203, local zoning regulations, and safety/environmental considerations.

Outcome:

  • ARC will approve, conditionally approve, or deny the request based on these criteria.

Step 5: Appeals Process.

  • 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.