VARIANCES TO COVENANT RESTRICTIONS

The restrictions placed upon the development of property in Sandia heights are for the benefit of each and every landowner. They set standards that help to create the unique qualities of the subdivision and protect the value of everyone’s property. The ACC will only grant a variance under exceptional circumstance when it is necessary to allow a landowner to develop his property in parity with that of his neighbors.

BASIS FOR GRANTING

The ACC will grant a variance only when it can be shown that there are specific physical characteristics of the lot which prevent the owner from constructing a residence that is in parity with other residences in the local area without relief from one or more covenant restrictions. Parity will be measured in terms of the average size and features of the other residences in the local area.

In such cases the ACC will grant a variance in order to bring the disadvantaged property up to the level enjoyed by nearby properties, but not so as to create an advantage over limitations placed on the other properties. The ACC will also seek to provide relief in ways that minimize deviations from the spirit and intent of the covenants and that will minimize any negative impact upon the interests, welfare, and rights of the owners of other property in the local area.

The approval or denial of a variance does not create a precedent for subsequent variance requests since times change and priorities evolve and each decision is based upon a unique combination of project and site characteristics. The ACC will strive to adjudicate all requests with an even hand and in a consistent manner based solely upon the specifics of the particular case. The ACC will strive to act in the best interests of the community without being bound by the potential limitations imposed by its previous decisions.

RECORDING OF VARIANCE FINDINGS

The ACC will provide a written explanation for each granting or denial of a variance that will include:

· The existence or lack thereof of the physical characteristics that place the property at a disadvantage.

· The conditions of the remedy granted that minimize the potential deleterious impact upon covenant restrictions.