The Hot Springs Village Property Owners’ Association Architectural Control Committee (ACC) met on June 2, 2022. Before tackling the agenda, Chair, Janet Rowe allowed those in the audience to address the committee with their issues and questions. Two Property Owners had fencing issues. Another property owner was previously denied a permit for a carport but resubmitted more complete drawings. Out of 16 permits submitted, only one was denied. Housing starts have remained steady.
Also, Chair Rowe updated the Committee on the Cooper Land Evaluation Ad Hoc Committee’s progress. Rowe said that some things have been settled, with CCI agreeing to quit claim properties having infrastructure on them. “Magellan Beaver Dam Trail is rolled into a package with that. The only outstanding piece of property we are going to have issues with is Cedar Creek Trail. We are still looking at some options on that, but it does not look really favorable,” stated Rowe.
Compliance And Permitting Stats
Charles Brown, Director of Compliance & Contract Management, updated the committee on the compliance and permitting statistics.
Compliance Cases Opened YTD – 528 – Most common violations are:
- Exterior property premises
- Landscape maintenance
- Storage of vehicles
Inspections Completed YTD – 1492
Other than new home permits YTD – 810
New Home Permits YTD – 52
New Homes Currently Under Construction – 103 – Board Member Tucker Omohundro asked if this number was trending down. Charles Brown said, “In the last three to six months it has been anywhere from 100 to 106.”
Two Property Owners Talk About Fencing
A Property Owner explained the problems he was having with putting a garden in. With all the trees on the property, only certain places can get the sun. He said there is a problem with fencing the garden. Twenty-four-inch fences are allowed around gardens, but this will not keep out animals. He said to meet the POA fencing requirements and having a garden “is not working.” Cattle fencing would be a viable option but it is not allowed. He said that cattle fencing looks good, is tight, and is not expensive. A wood fence causes shade. The Property Owner said he needs something that looks good and is acceptable to everyone and meets the POA requirements for garden fencing. He asked that the POA work out a way to get more acceptable rules than what they currently have.
Tucker Omohundro said, “We have rules – guidelines. All those things being said, it also says, ‘unless approved by the ACC.’ If you have a hardship we can look at that and hopefully determine that. Then you can have a garden. You could possibly have a garden in the front yard in some situations. The normal rule is that gardens are supposed to be in the backyard. Rules are hard to make because we may regret some of them [at a later time].”
Janet Rowe stated, “We do need to look at that and see if this is something we can put the wording in so that folks know that they will be able to come to us.”
Another Property Owner said he had installed the wrong fencing (chicken wire}. HIs case is pending to see if there will be changes made to protective covenants regarding chicken wire fencing. He may need to get a permit in order to get a variance. This is on hold and no fines are being levied at this time. The committee said this case will be reviewed.
Janet Rowe said she monitors social media and fencing for gardens and deer is a huge issue. “We need to have something for people to have their gardens, but yet it looks good.”
Existing Home Permits Approved
95 Alteza Drive – Fence to be used for dog containment. A 5′ black coated chain length fence was approved.
17 Sorprendente Lane – Gazebo over a hot tub on a golf course. The proposed gazebo will be next to the house. – Approved
8 Lindura Lane – Fence – The property Owner wants to remove the existing wood fence and install a wrought iron fence. Approved
31 Oro Way – Deck – The Property Owner wants to install a new deck with tempered glass railings and also replace the existing railings on the current deck with tempered glass railings. – Approved
4 Gorrion Lane – Exterior Paint – Property Owner wants to paint the house a light gray with black trim and a burnt red front door – Approved
5 Sosegado Way – Shed – This is an interior lot tucked into the backyard trees – The shed will match the house and sit on skids on skids. – Approved
27 Fachado Drive – Fence – The Property Owner wants to install a fence on the 20-foot setback. (House is on a golf course.) House sits way back. The Property Owner will need a variance for encroaching somewhat into the 20-foot setback. Janet Rowe agreed to measure how much variance was needed and provide this information to Charles Brown. Approved with variance issued.
42 Elcano Drive – Existing Fence – This is a compliance case. The fence has been up for a while. The fence is 6 feet tall (should not be over 5 feet.) This is a question of whether a variance will be granted. A permit was not issued for this fence. Approved with variance given and $150 fine since it is a long-standing fence.
3 Lejos Lane – Extend and enclose a covered porch. The proposed project will include an added gable, windows, and a door. The addition will match the house. – Approved
13 Coronado Trace – Deck Remodel – The contractor paid for and received the permit application on May 25, without the involvement of the Property Owner in the application process. This contractor has started jobs before without ACC approval. We can’t levy a penalty against the contractor, but we can refuse to approve his future projects. Can we suspend him for a time period? Charles Brown said to start out with a warning and future permits may not be approved if the contractor continues to start projects without ACC approval. Let him know the permit is not the application. A fine will be issued to the Property Owner for beginning a project without ACC approval. This fine is a civil issue between the contractor and the Property Owner.
28 San Pablo Way – Hot tub – The hot tub was already installed on an existing deck without ACC approval. – This is a compliance issue. – Approved
15 Celanova Lane – Hot Tub Approved
18 Palencia Lane – Fence – Chain length black coated vinyl – Approved
43 N. Badalona Drive – Deck, Carport, Driveway – This was denied in March. The Property Owner reapplied with better drawings. This project was started five years ago and a permit was obtained at that time. Now the Property Owner wants to finish the project, which is basically just adding a tall carport. This is a “carport” neighborhood and the building materials match the existing home. -Approved
Existing Home Permits Denied
49 Greco Way – Fence – The Property Owner proposes to build a 4′ border fence but we don’t allow anything over 24″. The property Owner wants a variance. Containment fences are not allowed in front yards. – Denied
New Home Permits Approved
32 Victoria Lane
44 Alicante Way
72 Grandila Way
34 Docientos Circle – revised patio drawing – The drawings previously submitted did not include the existing deck. Because of the inaccurate drawings, it was difficult to approve the project. The drawings were resubmitted, showing the existing deck. This home is near the 16th hole of Cortez, only 20′ from the playable portion of the golf course. The Property Owners want to install a concrete patio bordering the property line with a kitchen and a firepit. This permit was approved, without the kitchen.
Lake or golf course fence permits are approved by the ACC. Other fences can be approved in the permitting office. Corner lots have a 10-foot setback instead of a 7 and a half foot.