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Sheds
amendment issue to be revisited
Measure requires two-thirds approval to pass
(Posted 1-23-08)
A proposed amendment that would allow sheds in Ivy Hall got
new life this week when the Ivy Hall POA Board voted to go ahead with a
previously scrapped door-to-door petition drive to garner support for
the measure.
The Board decided to petition residents directly because of the poor
response to a December mailing.
All residents were mailed amendment approval forms along with their annual POA fee invoices. Those in support of the
amendment were given about two weeks to return their signed forms. Those
opposed didn't have to do anything.
The amendment received only 28 votes, far from the 166 votes
(representing two-thirds of the lots in Ivy Hall) needed to change our
Covenants.
Given the paltry response to the letter, the Board reviewed the matter
and decided that a petition would be a much better way to poll the
neighborhood. As it stands now, the Board has no way of knowing if the
majority of residents oppose sheds or they simply didn't take the time to
return the form.
With the petition, the votes of all property owners -- yes and no -- will
be recorded.
The Board originally had planned to present the amendment in petition
form but decided in November to try the mailing, believing it would be
a more efficient way of polling residents. Unfortunately, the Board
didn't take into consideration at the time that some residents might
overlook the form, misplace it, forget to mail it in, or refuse to
spend money on a stamp to mail it in.
It is the Board's belief that the petition will provide a much more
accurate gauge.
Sheds have long been a topic of conversation in Ivy Hall, where homes
aren’t known for having a lot of storage space. The only structures our
Covenants allow on a private lot are a main dwelling and garage.
The Board did a lot of research in preparing the amendment, having combed
through the shed-related covenants of similar neighborhoods locally and
nationally. The result, the Board feels, is an amendment that would
protect Ivy Hall’s existing architectural and aesthetic harmony.
Central in the amendment is the point that plans for any shed would need
to be approved by the POA’s Architectural Review Committee BEFORE
construction. The prior-approval requirement would ensure that no
unsightly sheds are erected in the neighborhood.
Amendment language:
The Covenants would be amended in two areas under Article VI, Section 2,
pertaining to property use restrictions. Under Section 2, a., the
beginning would be changed from this:
a. No structure shall be erected on any Lot in the
subdivision other than one permanent single-family dwelling and detached
or attached garage of similar design, and no use shall be made of the
Property or of any right or privilege appurtenant thereto…
...to this (changes in red italics):
a. No structure shall be
erected on any Lot in the subdivision other than one permanent
single-family dwelling,
a
detached or attached garage of similar design, and
a
detached or attached storage shed. All plans for proposed structures must
be approved by the POA Board’s Architectural Review Committee BEFORE
construction or installation can begin. No
use shall be made of the Property or of any right or privilege
appurtenant thereto…
Additionally, a new paragraph, designated “i”, would be added below
paragraph “k” and read:
i.
Utility or storage sheds are subject to the provisions of this
Declaration
and may be subject to further provisions of the
POA Board’s
Architectural Review Committee. All sheds and
locations MUST BE
APPROVED through the ARC process prior to
installation. Utility and
storage sheds shall: (1) be constructed so as not
to encroach upon any
easements or setback lines; (2) be constructed on
an ARC-approved
level floor structure AND within 5 feet of the
back side of the home; (3)
not alter drainage patterns of a Lot; (4) not
exceed 14’ X 14’ in base
dimensions; (5) not exceed 10’ in height at its
highest point measured
from the pad floor; (6) be located so as not to
be viewed in full from the
front of the Lot; (7) be constructed of materials
and colors that match or
are compatible with the main residence; and (8)
must be designed to
respect the visual rights of neighboring
properties and cannot be
offensive to the community. No metal siding or
metal roofing is
permitted. Only one shed per residence is
permitted.