The Hot Springs Village POA Architectural Control Committee (ACC) met on Thursday, March 7, 2024, at 8:30 a.m. The agenda listed 39 small permits, five new home permits, and two preliminary reviews. Several interested audience members requested clarification, and a committee decision rendered on February 1 was appealed.
Committee Members present at the meeting: Chair Larry Brocaw; Lanny Beavers; Clint Blackman III; John Hyduke; Valerie Shippers;
Board Members in attendance: Mark Quinton, Board Member Liaison; Gary Belair (guest), POA Board Vice-chair
Staff present: Ken Unger, Director of Public Services; Beverly Ellison, Supervisor of Permits and Inspecting; Tom Benfield, Community Support Manager.
Mark Quinton, Board Member Liaison Report
Reporting on the Board of Directors’ recent activities, Quinton stated, “We’ve been discussing infrastructure for a year now. Well, it’s here; the time has come.” He said you know it is here if you’ve been diverted when traveling down DeSoto Boulevard or noticed a ditch being dug across the street. Three major projects are underway: sewer, water, and an unscheduled DeSoto Boulevard Project. “I ask everybody to be patient.”
The appeal of a driveway decision at 44 Valencia Way*
Previously, the Gazette reported on a decision made by the ACC committee on February 1, 2024, on a property at 44 Valencia Way. The property owners have a non-permitted circular driveway, and the ACC ruled that they must remove the second part of the driveway and park parallel to the house with a maximum driveway depth of 15 feet wide.
The Property Owner appealed the February 1 decision regarding their three-year-old gravel driveway, the second driveway at the home. She apologized for not obtaining a permit, stating that several residents told her a permit was only needed for a concrete driveway. The Property Owner passed out a detailed and illustrated packet to the Committee Members and stated her case.
The gravel drive and path were installed to facilitate non-staired access to the rear of the home for elderly family members. A change of circumstances negated the necessity of this use of the property.
She said the second driveway has greatly benefitted them, providing convenient and safe access to the back side of their home. It is not a parking lot; only one vehicle is usually parked in the designated parking space.
She said, “…We do not agree with your decision to have only one driveway. We do accept that the driveway closest to the house can be enlarged…She said that making the changes to enlarge the first driveway would cost an additional $2,000 and, when added to the cost of the second driveway, adds up to $8,000, which poses a financial hardship.
She requested that a decision be rendered to allow them to keep the existing second driveway as is because it has added value to their property, it’s aesthetically pleasing, and does not detract from the neighborhood.
She added, “Many yards in the Village and our neighborhood have gravel/rock over the entire yard, some with areas that look like a parking lot with cars and trucks parked there. Then there are work trailers and other vehicles parking without a driveway or parking spot.”
She requested clarification on what needs to happen if her appeal is denied.
Brocaw said the committee would consider the appeal in an executive session after the meeting and let her know the decision.
Guidance on planting evergreens
A new Property Owner needed guidance on adding a few evergreens to his landscaping. The committee said they were fine with this request and that a permit was unnecessary.
Small Permits
1 Tarifa Lane – Fencing – The green vinyl-clad 5′ chainlink fence was installed nine years ago but there is no record of a permit being issued. Permit approved.
4 Agradable Lane – Landscaping – New home – Permit approved.
5 Loma Way – Sprinkler System – Already installed – Permit approved.
10 Nevada Lane – Barnstyle Shed – This shed will be 8′ by 8′ and have roof shingles and paint matching the home. Permit approved with the stipulation that shingles match house.
18 Arnedo Lane – Fencing – Black chainlink – Permit approved.
26 Durango Way – Screen – This permit is for a shadowbox fence for two propane tanks. Permit approved with the stipulation that the screen have a stained finish.
44 Valencia Way* – Landscaping – The appeal was denied. The Property Owner must have one drive/delineated parking area, and the remainder landscaped. (See the narrative above.)
Barcelona Road – North – Tree Cutting – Lots cannot be cleared until building plans exist. Owner withdrew application – resubmit better plans.
7 Lucir Lane – Other – Trailer – Permit denied due to not being needed.
10 Algeciras Lane – Screen for propane tanks – Permit approved.
17 Pacifica Circle – Solar Panels – Permit approved.
19 Pacifica Circle – Solar Panels – Permit approved.
31 Resplandor Way – Other – Parking – Permit denied as is. It is okay to park in gravel on side of garage.
110 Este Way – Sign – Permit denied. Feather signs are prohibited.
110 La Plaza Way – Food Truck – Denied by email vote.
1 Aventura Way – Other – Gazebo and Deck – Permit approved with variance for location because the backyard is not useable.
7 Alabanza Lane – Wood Shed – Resubmit – Permit approved – roof shingles must match house shingles.
9 Loyola Place – Landscaping – Permit approved.
9 Pacifica Circle – Landscaping – Permit approved.
11 Pacifica Circle – Landscaping – Permit approved.
14 Altura Lane – Other – Sidewalk – Permit approved contingent upon CCI release.
404 Maderas Drive – Tree Cutting – Permit approved.
3 Carballo Lane – Other – Trailer – The Permit was denied – trailer must be moved.
The Property Owner attended the meeting to plead his case. He wanted a variance for parking a homemade commercial trailer in his driveway. The trailer dimensions are 46″ high, 4′ wide, and 8′ long. He said he parked the trailer in this spot for around seven years. Retired and operating a part-time yard service, he performs fall yard cleanup for around six properties using his licensed and insured trailer. Trash cans used to contain leaves were also located at the side of the garage. He said he had cleaned up the cans.
Shippers and Brocaw pointed out that the rules only allow a golf cart trailer, not a utility trailer. When asked if he could park the trailer down the side of the house or in the garage, he explained, “It is not possible.”
Brocaw said, “To be honest with you, it is not very attractive sitting in front of the house, and it doesn’t meet the guidelines.”
The Property Owner asked, “I guess my only question is, why did this take so long to come to my attention?”
Tom Benfield, Community Support Manager (formerly Compliance) said, “Basically, what has happened is we have hired Community Support officers who are well-versed in the rules and have been tasked with enforcing those rules. In the past, while we did have some Compliance officers, they were not well-versed in the rules and were not told to go out and enforce the rules. They were told to respond to complaints. Now, with this different approach over the last couple of years, things like this that have been there for seven years, we are finding them.” While it is uncomfortable for us and you that something has to change [that the trailer must be moved], the rules clearly state you are in violation.”
Offering to work with the Property Owner on possible solutions, Benfield said he did the right thing by coming to the ACC meeting and asking for a variance. “If you come up with another idea, run it by me, and we can discuss it. I can send it to these guys [the committee] and see what they think.”
12 Touro Place – Carport Enclosure – Permit approved.
17 Celanova Lane – Fencing – Permit approved.
17 Vista Lane – Kayak Dock – Permit approved.
41 Empinado Way – Dock – The contractor represented the Property Owner at the meeting. The Owner wants to replace the existing flat-roofed dock with a sloped roof, change the dock from floating to a fixed pier, and add a kayak area. The dimensions will be the same. Resubmit with a better drawing showing dimensions.
70 Arjona Way – Deck – Resubmit – The contractor was on hand to answer committee questions. A more accurate drawing with additional details is needed.
72 Panorama Drive – Dock – Tabled for further review with better drawings.
295 Balearic Road – Other – Columbarium – This is located at the Sacred Heart of Jesus Catholic Church. Blackman said this will be the fifth columbarium on the site and the landscaping is exceptional. Permit approved.
601 Balearic Road – Sign – Easter – This is a permit for a temporary banner at the Village Christian Church, proposed to hang between two trees. Brocaw said it would be more acceptable to hang it on the side of the building. Brokaw said the church could hang the sign to let Community Support take photographs, and the committee could decide by email. Tabled for further review.
2 Talana Lane – Landscaping – Permit approved.
4 Jabali Lane – Landscaping – Permit approved.
5 Moreno Way – Landscaping – Permit approved.
10 Ferdinand Way – False Window – Permit approved.
23 Patrulla Lane – Fencing – Permit approved.
29 Encantado Lane – Concrete Pad – Permit approved.
53 Marinero Way – Landscaping – Permit approved.
New Home Permits
53 Campeon Way – Adam Pierce – Permit approved.
378 Maderas Drive – Al Schiesser – Permit approved.
14 and 16 Burgos Lane Way– Renaissance – Permit approved.
34 Manzanares Drive – Renaissance – Permit approved.
34 Manzanares Drive – Renaissance – Permit approved.
52 Linares Lane – Renaissance – Permit approved.
Old Business
301 Elcano Drive Mountainside Methodist Church – Electronic Sign – Discussed in Executive Session – Denied by email vote.
New Business
16 Alteza Drive – Revised roof lines and tree cutting request for vacant lot – ACC approved the preliminary review of house plans (intent) and tree cutting for new home construction contingent upon stabilizing the ground when trees have been cut. (Must apply for the new home permit for review and approval by ACC.)
1 Saldana – A prospective new home builder/owner requested a preliminary review of his house ideas. He said they want to build a home with an attached RV pull-through garage. Chair Brocaw said, “Obviously, we can’t approve the house [without the submission of plans], but I see no problem with your intention.”
By Cheryl Dowden
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Click here to read the 2/15/24 HSVPOA Architectural Control Committee Meeting report.
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