Florida ARC Exceptions

Started by ArtB1 • 4 replies • 381 views

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ArtB1 (Florida)
Posts: 97

Posted:

Our ARC rules limit the length of 6' fence to 10 ft from the back of the house. After that it must transition to 4'. This only apples to houses on water.

We have 1 house that is actually on a curve and and the 6' limit does not even put it past the neighbors house.

We see the owners point (privacy for his pool) and have some concerns about approving an exception.

I personally am leaning to an exception with documentation as to why to limit further exceptions.

I understand the precedent of exceptions to ARC but would like to find a solution to the owners dilemma.

She he obtain written approval from the neighbor as well?

Thoughts?

TIA

SheliaH (Indiana)
Posts: 6,964

Posted:

Well, the owner knew his house was on a curve and what the restrictions were - was the pool there before he bought the home? If not, that's something he should have thought about before building it. Couldn't he build a fence around the pool itself and perhaps put up some sort of removable privacy screen when it's being used, maybe in an area that's most visible to passersby?

If you're going to grant an exemption, it would be best to decide how many feet beyond six that the fence should be built (the board makes that decision, not the owner). For example, if another five feet would ensure privacy, grant the exemption based on that. Make sure the owner understands it cannot go past that, otherwise the entire fence has to come down and he'll have to figure out another way to address privacy. It may also be a good idea to ask the neighbor for his/her take as well.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

GeorgeS21 (Florida)
Posts: 3,808

Posted:

This is, to me, an interesting question.

My assumption is the 4' limit is to ensure a water view for all neighbors ... while I don't have a diagram of this circumstance, I does seem possible a modification MIGHT be allowed depending on the geometry - and, on whether the neighbors are OK with it.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

The position of a lot, especially corner and odd shaped lots, can well make for a fence exemption.

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