The Hot Springs Village POA Architectural Control Committee (ACC) met on February 15, 2024, at 8:30 a.m. There were 24 small permits listed on the agenda and eight new home permits. Beverly Ellison, Supervisor of Permitting and Inspections, said approximately 87 new homes are currently under construction.
A large variety of items were discussed, including a question on golf cart parking, a change in a boat dock permit, and a request to reconsider a flagpole and firepit on an unimproved property; in addition, Bartlett Architecture requested guidance on a commercial property, and a sign for a Goodwill Donation Express was on the agenda.
In addition to Ellison, staff attending the meeting were Ken Unger, Director of Public Services; Matt Broom, Associate Director of Public Services; and Tom Benfield, Community Support Manager.
Brian Whitehead conducted the meeting since Chair Larry Brocaw had an excused absence. Other committee members present were Lanny Beavers, Clint Blackman III, John Hyduke, and Valerie Shippers.
Guests present were Jerry Johnson, Alan Hamblin, Marcus McNeice & Dan Bartlett, Doug Collins, Sid & Marsha Pittman, Scott Vuskuil, Patricia Fitzpatrick, Mary Persinger, James Anderson, Chris Norton, and Hengstenberg.
Broom and Unger update the committee
Broom informed the committee that all new homes will come before the ACC before being issued a permit. He said sometimes the contractors need to start a job and don’t want to wait two weeks before the next ACC meeting. He inquired, “Would you be opposed to an email vote?” The committee agreed to help expedite some new home permits via email votes.
Recently, the Public Services Division was reorganized, and the oversight of Permitting and Inspections and the ACC now fall under the purview of Public Services. Unger said the department is “continuing to refine things. We are close to where we think things need to be.” He asked the committee to let Ellison or Broom know if they see something that needs to be addressed.
Question on golf cart parking
Jerry Johnson said he received a request from Community Support to move his golf cart trailer. This parking spot was approved in 1997 when the home was built. Johnson said he placed a left-over decorative porch railing in front of the trailer to deter thieves because of the theft of a rachet strap. He has removed the railing. Unger said the location of the trailer was fine. Whitehead said that fences in the front yard are not allowed.
Change in boat dock permit requested
The property owner said he has an approved permit for a boat dock but is requesting a change. He was advised to submit the revisions to Permitting and Inspections. The committee will handle this in an email vote.
Request to reconsider decision on firepit and flagpole
Two property owners appealed a recent denial of improvements made on an unimproved lot attached to the property. “We are here to appeal the denial of the flagpole and the firepit on our vacant lot.” She said the shrubs, rocks, and trees planted on the vacant lot were approved. The fire department issued a permit for the firepit in 2020.
The property owner offered two petitions to the committee, saying, “The [decision on] the flagpole just astounded us.” The petitions were from neighbors and Friends of the Village.
“It is beautiful. I live with my sister and my brother-in-law, and my brother-in-law is a vet. His father was a Colonel in the Air Force, worked in the Pentagon, and flew flags over the Capital. The flag that is flying right now on our vacant lot is in honor of Patricia’s three sons. (Patricia accompanied the property owner.)
“We looked up the Act passed by Congress in 2005 that gives you the freedom to display the American flag on any property you own. We own lot 35. So, we don’t understand why the flagpole was denied.
“Freedom to Display the American Flag Act of 2005 – States that a condominium association, cooperative association, or residential real estate management association may not adopt or enforce any policy, or enter into any agreement, that would restrict or prevent an association member from displaying the U.S. flag on residential property within the association with respect to which such member has a separate ownership interest or a right to exclusive possession or use.” Click here to view Public Law No: 109-243 (07/24/2006).
The property owner added, “The firepit is not a permanent structure. It is a bunch of bricks that were put back there to contain the wood when we have a hot dog roast” and neighborhood gatherings. “They [ACC} said we did not get permission from the fire department before we even put the firepit back there. We had the fire department come, and they recommended where we put the firepit.”
The property owner thanked the committee for approving the shrubs, trees, and rocks. But she did not understand the decision to disallow the flagpole and the firepit.
Whitehead told the property owner that she gave them some things to consider. “Let us rediscuss it; the bylaws and charter are fairly clear about putting things on unimproved lots,” said Whitehead.
Blackman said, “The thing that everybody loves about the Village is that it looks like living in a national park. The rules require that we try and preserve that.”
Barlett Architecture requested guidance for proposed commercial building
Dan Bartlett, Principal Architect, and Marcus McNeice, Senior Drafter from Bartlett Architecture, requested guidance on a single-tenant retail commercial project at DeSoto Boulevard and Ponce de Leon Drive. Bartlett presented a preliminary site plan and drawing, saying they want to know if they have a viable project. The POA will review the entrance, and staff will work with the customer.
Small permits
1 Serenidad Lane – Room Addition – The permit was approved with the stipulation to show the addition on the survey.
3 Jaguar Circle – Deck Stairs – The permit was approved.
7 Hortezuela Lane – Boat Dock – The permit was approved.
17 Serenidad Lane – Deck The permit was approved with the stipulation to verify no encroachment by marking the property line.
2 Pasmoso Way – Landscaping – The permit was approved.
8 Carpintero Lane – Other-Seawall – The permit was approved.
24 Gozar Lane – Rip Rap – The permit was approved.
48 Magellan Drive – Deck- Hot Tub – The property owner was present. The permit was approved.
9 Docente Lane – Exterior Paint – exterior doors, trim, and fixtures must be earth-tone. The permit was denied.
16 Alteza Drive Tree Cutting – Tree-cutting permit denied. The trees can be cut once a new home permit is issued.
221 Elcano Drive – Other – Green covering over dog pen – Previously, he had an unacceptable brown tarp covering the pen. The permit was approved.
301 Elcano Drive – Sign at Mountainside Methodist Church – This permit was TABLED until the Board of Directors clarify whether an electronic sign will be allowed.
12 Sabiote Lane – Fencing – The permit was approved.
70 Arjona Way – Deck – The property owner attended the meeting. There is a question as to whether the deck encroaches on the setback. This permit is on HOLD. The property owner must resubmit with no encroachment.
87 Arias Way – Exterior Paint- Blackman said the committee needs to be cautious about using photocopies of paint colors due to a discrepancy between the photocopy and the actual paint sample. The permit must be resubmitted with an earth-tone color.
89 Empinado Way – Dock – The property owner attended the meeting. The permit was approved.
301 Balearic – This is a sign for Goodwill Donation Express. This corner used to be the POA-owned Police Training Center and has been sold to private owners. Need clarification of sign dimensions and letter size.
14 Altura Lane – Propane – 420 lb. above-ground tank permit approved with wood screening.
20 Lavanda Trace – Fencing – Permit was approved after confirming the property owner owns both lots.
52 Sanchez Way – Deck – Present at the meeting, the contractor wanted to ensure the permit was approved. He plans to remove a large wooden deck running about 80% across the back of the house and replace it with a new deck that has a screened-in porch on one end. The permit was approved. Hyduke said the drawings were well done. The permit was approved.
65 Rocoso Drive – Safety Railing – Permit approved with a variance for material and location; the gate can be installed.
9 Alameda Place – Other-Parking – Permit was denied. More information is needed on how he gets the trailer to the parking spot.
14 Tomino Way – Solar System – Permit approved.
16 Alta Way – Culvert – Permit approved. The property owner must stain the concrete dark gray or brown; He will be responsible for removal and replacement if the POA needs to remove it for utilities.
New home permits
1 Disfrutar Lane – Renaissance – Permit approved.
7 Arturo Lane – Greenleaf – Permit approved.
10 Piocha Lane – McMillan – Permit approved.
34 Alteza Drive – Carriage – Permit approved with the stipulation of clarification of where the vinyl will be used on the house.
109 Pizarro Drive – Carriage – Permit approved with the stipulation of clarification of where the vinyl will be used on the house.
372 Maderas Drive – Renaissance – Permit approved.
164 Pizarro Drive – Renaissance – Permit approved.
1 Moreno Way Renaissance – Permit approved.
(Left) Matt Broom, Associate Director of Public Services; Beverly Ellison, Supervisor of Permitting and Inspections; and Tom Benfield, Community Support Manager, discuss permits at the February 15, 2024 ACC Meeting.
Featured image: Prototype of Goodwill Donation Center Sign
By Cheryl Dowden
Click here to read “ACC MET FEB 1 – MULTIPLE COMPLAINTS ABOUT AZALEAS & MORE.”
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Click here to join a private Property Owners Facebook group.
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Thanks Cheryl for an excellent and thorough ACC report.
And I thought the Public Services Committee was busy with a full plate.
You are welcome. Our committees are great and you are right, P.S. does a LOT! Hope to see you on Thursday. – Cheryl