As I noted in my email of February 15 HOA meeting, last September, our HOA Board approved by default (failure to respond within 20 days) a plan to build a 2-story, 2880 square foot single family home on 0.6 acres (Lot 20, Unit 7) at 29684 Lee Rd. Implicit in that approval was also the approval of the variance to Covenant 2.G, which requires 1.5 acres minimum building site. However, the plan by the developer/owner has changed and that approval is now void. I implore the HOA Board, acting in the absence of an active Covenants Committee, to rescind that letter and request that the lot owner submit a revised plan for HOA approval.
On 12/19/2006, Hagan submitted a request to the Jeffco Planning & Zoning Dept. (P&Z), for an administrative exception to the front setback. The site plan, PE stamped 9/21/2006, was the same one submitted to the HOA Board for approval under Covenant 2.E, with the exception that the original building location, which showed 41.4 foot front setback and meeting all side and rear setback requriements, now had been moved to only 22.5 feet from Lee Road.
This revised plan has not been submitted to or approved by the HOA, which invalidates the previous approval of the building plan. However, the HOA must notify Hagan that it is rescinding its prior approval and of the need to resubmit to properly enforce our Covenants. If they fail to make such notice, they are in collusion with the developer to circumvent our Covenants. Time is of the essence here for the HOA to act under the Covenants.
Further, because the Jeffco P&Z has approved the revised plan with the administrative exception, which may still be appealed by any interested party, Hagan can now proceed with a building permit application and begin construction.
I also implore all interested property owners in Evergreen Park Estates to join in an appeal of the P&Z setback exception, which must be filed on or before February 28. Based on my research of P&Z files, a strong case exists to rescind that approval an relocate the building to 30 feet from the front property line.
If you take no action, you are agreeing to have a 2-story, 2880 square foot home built just 22.5 feet from the road, a rather imposing eyesore which is inconsistent with other developments in our neighborhood. Only by your action can we defeat this proposal. Please join us.
How do we do that?
I will prepare an appeal letter and application to the Board of Adjustment, which requires a $250 nonrefundable fee. Neighbors need to pony up that fee. I will hand deliver the appeal application and fee with all required attachments to the County by the deadline.
In addition, I would like to attach a petition, signed by as many EPE property owners as possible, supporting the appeal. That will require a bit of legwork to circulate the petition around our neighborhood. I have no way to make it available on the HOA website or otherwise on the Internet. It will take good old-fashioned legwork. I will, however, distribute the language of the petition in an email, and if owners wish to sign it, we can arrange for that. The more owner signatures we can accrue the stronger our case.
Again, I welcome your support and constructive feedback.
Greg Scott 303-674-7236
On 12/19/2006, Hagan submitted a request to the Jeffco Planning & Zoning Dept. (P&Z), for an administrative exception to the front setback. The site plan, PE stamped 9/21/2006, was the same one submitted to the HOA Board for approval under Covenant 2.E, with the exception that the original building location, which showed 41.4 foot front setback and meeting all side and rear setback requriements, now had been moved to only 22.5 feet from Lee Road.
This revised plan has not been submitted to or approved by the HOA, which invalidates the previous approval of the building plan. However, the HOA must notify Hagan that it is rescinding its prior approval and of the need to resubmit to properly enforce our Covenants. If they fail to make such notice, they are in collusion with the developer to circumvent our Covenants. Time is of the essence here for the HOA to act under the Covenants.
Further, because the Jeffco P&Z has approved the revised plan with the administrative exception, which may still be appealed by any interested party, Hagan can now proceed with a building permit application and begin construction.
I also implore all interested property owners in Evergreen Park Estates to join in an appeal of the P&Z setback exception, which must be filed on or before February 28. Based on my research of P&Z files, a strong case exists to rescind that approval an relocate the building to 30 feet from the front property line.
If you take no action, you are agreeing to have a 2-story, 2880 square foot home built just 22.5 feet from the road, a rather imposing eyesore which is inconsistent with other developments in our neighborhood. Only by your action can we defeat this proposal. Please join us.
How do we do that?
I will prepare an appeal letter and application to the Board of Adjustment, which requires a $250 nonrefundable fee. Neighbors need to pony up that fee. I will hand deliver the appeal application and fee with all required attachments to the County by the deadline.
In addition, I would like to attach a petition, signed by as many EPE property owners as possible, supporting the appeal. That will require a bit of legwork to circulate the petition around our neighborhood. I have no way to make it available on the HOA website or otherwise on the Internet. It will take good old-fashioned legwork. I will, however, distribute the language of the petition in an email, and if owners wish to sign it, we can arrange for that. The more owner signatures we can accrue the stronger our case.
Again, I welcome your support and constructive feedback.
Greg Scott 303-674-7236
