JohnC26 (Virginia)
Posts: 3
Posts: 3
Posted:
In the original Declaration of Single Family Covenants.....in the section relating to the creation and guidelines for the Design Review Board there is a subsection "Guidelines May Be Established".
Specifically...
The Design Review Board may, at its discretion, establish guidelines and standards (the "Design Guidelines") to be used in considering whether to approve or disaprove Plans. Such guidelines may include, without limitation, requirements for minimum building sizes....garages, and other outbuildings.
In 2005, prior to the establishment and adoption of any formal DRB approved Design Guidelines, two home owners applied independently for outbuilding projects. One was for a shed/workshop. The other for a free standing two car garage.
The shed/workshop was ultimately denied as submitted indicating that it was too large and its use (to contain wood working equipment for hobbys)was unacceptable.
The garage ultimately was too denied approval. Biggest issue I suppose is that there are NO freestanding garages in the neighborhood.
I am not sure about timing and the exact sequence of events, but it is my belief that shortly thereafter the denials above, the DRB issued and approved a "Guide for Application for Design Review of Garage". In this guideline, it was now adopted "that all garages be incorporated into the main residence. Detached or free-standing garages will not be approved." A similar "Guide for Outbuildings" was established and approved that created a maximum size of 12 ft x 12 ft for any outbuildings.
OK, so these guidelines have been established. Not sure if the then BoD of the HOA had to approve these or if it simply was the DRB. So these guidelines were established based upon the composition and "best judgement" of the then standing DRB and BoD. There obviously was a lot of emotion amongst the community on this issue several years ago.
Honestly, I struggle with the inability now to build an shed bigger than 12 x 12, as it is a bit small and restrictive. I think min 12 x 16 for example would be much more palatable (considering the size and qty of lawn equipment and bikes, etc.). Also, I struggle with the inability for someone who may have a lot large enough (without violating county setbacks and codes)to construct a free standing garage. The original project, for example, was going to be "all brick" with all of the bells and whistles to make it attractive and in conformity with the Design Standards and have a price tag well over $150,000.
WE ARE NOW 4 OR 5 YEARS LATER, THE GUIDELINES HAVE BEEN IN PLACE, THE ISSUE HAS COOLED OFF. COULD THE CURRENT BoD act to amend the standard? Could the "detached" restriction be removed on the grounds it was too overbearing. Could the size limitation on outbuildings be changed to 12 x 16?
Thank you.
Specifically...
The Design Review Board may, at its discretion, establish guidelines and standards (the "Design Guidelines") to be used in considering whether to approve or disaprove Plans. Such guidelines may include, without limitation, requirements for minimum building sizes....garages, and other outbuildings.
In 2005, prior to the establishment and adoption of any formal DRB approved Design Guidelines, two home owners applied independently for outbuilding projects. One was for a shed/workshop. The other for a free standing two car garage.
The shed/workshop was ultimately denied as submitted indicating that it was too large and its use (to contain wood working equipment for hobbys)was unacceptable.
The garage ultimately was too denied approval. Biggest issue I suppose is that there are NO freestanding garages in the neighborhood.
I am not sure about timing and the exact sequence of events, but it is my belief that shortly thereafter the denials above, the DRB issued and approved a "Guide for Application for Design Review of Garage". In this guideline, it was now adopted "that all garages be incorporated into the main residence. Detached or free-standing garages will not be approved." A similar "Guide for Outbuildings" was established and approved that created a maximum size of 12 ft x 12 ft for any outbuildings.
OK, so these guidelines have been established. Not sure if the then BoD of the HOA had to approve these or if it simply was the DRB. So these guidelines were established based upon the composition and "best judgement" of the then standing DRB and BoD. There obviously was a lot of emotion amongst the community on this issue several years ago.
Honestly, I struggle with the inability now to build an shed bigger than 12 x 12, as it is a bit small and restrictive. I think min 12 x 16 for example would be much more palatable (considering the size and qty of lawn equipment and bikes, etc.). Also, I struggle with the inability for someone who may have a lot large enough (without violating county setbacks and codes)to construct a free standing garage. The original project, for example, was going to be "all brick" with all of the bells and whistles to make it attractive and in conformity with the Design Standards and have a price tag well over $150,000.
WE ARE NOW 4 OR 5 YEARS LATER, THE GUIDELINES HAVE BEEN IN PLACE, THE ISSUE HAS COOLED OFF. COULD THE CURRENT BoD act to amend the standard? Could the "detached" restriction be removed on the grounds it was too overbearing. Could the size limitation on outbuildings be changed to 12 x 16?
Thank you.