1/13/2024 Granted Variance - Owners of Lot 39

On January 13, 2024 the Honeybee Meadows Architectural Committee met to consider a proposal presented by the owner of  lot #39 to grant a variance to the CCR's 16" overhang requirement.  

After thorough review and discussion of the proposed variance from the lot owner, The Architectural Committee agreed to grant the lot owner a variance, which is to allow for 12” eaves despite the CC&R’s guidance that eaves be 16” long. The committee's grounds for granting this variance are two-fold: First, that the 16” requirement does not carry any aesthetic or structural basis for consideration. Sufficient evidence was presented from the lot owner that 12” eaves look no better or worse than 16” eaves. Structurally, shorter eaves have no impact on the structural integrity of the home. Second, the committee determined that an “unnecessary hardship” was being experienced by the lot owner, in that in order to make their new modular home affordable, they needed to select a particular vendor which could not build the home with eaves longer than 12” unless they shrunk the overall square footage of the home, which would restrict the home size, making the home less desirable. The modular builder is restricted on the overall size due to the size of their existing facility. 

• Owner of lot 39 is requesting a variance with regards to the 16” eaves requirement in the CC&Rs and is asking for a 12” eave variance. Here is a link to the 12” eave variance proposal. The architectural committee needs to discuss the proposal and decide whether or not to grant a variance.
  • The Architectural/Site Committee has the authority to allow reasonable variances based on practical difficulties or to prevent unnecessary hardships.
  • “Variances. The Architectural/Site Committee, in its sole discretion, may allow reasonable variances and adjustments of the foregoing covenants, conditions and restrictions in order to overcome practical difficulties and prevent unnecessary hardships in the application of the covenants contained herein. Any variances or adjustments of these conditions, covenants and restrictions granted by the said Committee, or any acquiescence or failure to enforce any violations of the conditions and restrictions herein, shall not be deemed to be a waiver of any of the conditions and restrictions in any other instance” (see ARTICLE VIII of Honeybee CC&Rs). 

• This is the first time a lot owner has presented a practical difficulty and/or unnecessary hardship regarding the 16” minimum overhang requirement.
• The committee agrees there is no significant aesthetic or functional difference that 16” eaves have on 12” eaves (based on individual findings and the lot owner's proposal). The 16” minimum overhang rule may need to be amended in the future if more people share this hardship.
• Need to have a motion to approve the variance based on findings/discussion.
• Do we need to send an email from Honeybee Meadows as documentation of granting of the variance?
• A committee member will write up a formal document around the motion granting the variance.
• How do we communicate this? Should we post this decision on the website? Should we notify lot owners directly?

• A committee member made the motion to grant a variance for this individual situation. The motion was seconded and the motion passed unanimously. One committee member recused themself from the vote.
• If more lot owners down the road request a similar variance the committee will consider making an amendment to the 16” overhang rule.
• The committee determined to notify lot owners when a variance is granted and to post pertinent information about the decision to the Honeybee Meadows website.