![]() ![]() Section 6: ECC/ARC/CPI Subject: Venue to Discuss DRs Msg# 556815
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Interesting questions. Let's start with the very foundation -- the Declarations of Restrictions. How would you have the ECC determine when bigger is too big? The DRs make absolutely no mention of percent coverage, nor any mention of "too big." There is a DR restriction on the smallest size a house may be. There are also building setback restrictions. I would suggest to you that OPA as an entity has no business telling lot owners they cannot cover over a certain amount of their lot, so long as the home meets the minimum size in the DRs and meets the county and OPA setback requirements. Anything else is a purely ARBITRARY decision by ECC/OPA. Purely arbitrary. My suggestion not only makes common sense, but also gets ECC out of this ridiculous business of percent coverage exemptions and all the animosity and conflict it can cause. Biancaniello is a perfect example of what such ridiculous arbitrary measures can produce. I remember an ECC case where a woman was building a multi-million home on Terns Landing and ECC members were arguing over whether or not she should receive a exemption for another 100-sf of coverage. One ECC member went so far as to suggest to her that he saw no need for anyone to have such a large house. Absolutely incredible. Then there is the equally ridiculous issue of height, as though anyone can stand on the roadway and be outraged because a roof line is a foot or two higher than ECC's again arbitrary restriction. Can ECC enforce percent restrictions, height restrictions, etc? Sure. Should it. Absolutely not. Same thing goes for this ridiculous notion of ECC approving house colors. Sure, restrict the bright reds and yellows or whatever, but telling someone they can't have a nice gray siding because the house across the street has gray siding is absurd. How would you have the ECC determine junk? Junk is like pornography -- you know it when you see it. EXCEPT, as the Supreme Court says it is based on where you live and the attitude in your community. I would suggest to you that the cases where junk on a lot is a problem are pretty clear cut. All you can do is give it the reasonable person test. you seem to be putting the ECC in an impossible possition. On the contrary, ECC has put itself in an impossible situation. Concentrate on the important stuff (God knows there is enough of that) and forget all this nit-picking, arbitrary, invented misuse of the absolute powers granted to ECC in terms of plans approval. |
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For reference, the above message is a reply to a message where: you seem to be putting the ECC in an impossible possition. If the ECC uses fixed criteria such as coverage and registration on which to base a decision, they are rigid and intractable. If they use their judgement and opinion, they are inconsistant and unfair. How would you have the ECC determine junk? How would you have the ECC determine when bigger is too big? And then communicate that process to the owners so they can plan accordingly?
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