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Variance Request Form
Note: (*) Denotes required fields. The form will not submit unless these are filled in. Incomplete or inaccurate forms will be returned.
Property Address(*)
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Unit-Block-Lot(*)
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Owner Name(*)
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Mailing Address(*)
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City, State, Zip Code(*)
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Phone #1(*)
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Phone #2
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Structure/Category of Request (check all that apply)
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Give Specific Covenant or Guideline that Requires a Variance(*)
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Approval Criteria
Please refer to list of factors below that are considered by the Board when reviewing variance requests and answer yes or no to each. Provide a detailed explanation of what specific factors relate to your situation and why the Board should grant a variance. Use the comments box on the right. (pictures or drawings are helpful. If you upload a file, please include the name of the file in the comments box on right.)
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Factors Considered by Board to Review Variance Requests
Factors which may be considered in denying a variance include, but are not limited to, the following:

(1) Was the structure or condition created as a result of the owner’s failure to comply with plans previously approved by the ECIA?(*)
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(2) Did the owner create the structure or condition without having plans approved by the ECIA?(*)
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(3) Is there a viable, reasonable alternative, which would comply with the Covenants and accomplish the same purpose?(*)
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(4) Are there documented uncorrected violations existing at the same site?(*)
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Factors which may be considered in granting a variance include, but not limited to, the following

(1) Was the structure or condition in compliance with Covenants in effect at the time it began?(*)
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(2) Was the structure or condition created in accordance with plans, which made reasonably clear that a violation of the Covenants would be created and which, nevertheless, were approved by ECIA?(*)
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(3) Did the CCR conduct a site inspection before and after the work was done and not issue a notice of violation of the Covenants?(*)
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(4)Would denial of the variance be more detrimental to the community than granting it?(*)
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(5)Are there characteristics and details of the site which will insure that the variance will not in any way be contrary to the purposes of the Covenants?(*)
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(6) Are there conditions which, if attached to the variance, will insure that the purposes of the Covenants as stated above will be achieved?(*)
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(7) Would denial of the variance result in severe financial hardship for the owner?(*)
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(8) Would denial of the variance result in a severely negative impact on the quality of life of the owner?(*)
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(9) Denial of the variance would result in greater visibility of the solar equiptment to neighbors and from roadways and would be more detrimental to the community than granting it.(*)
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(10) Denial of the variance would result in shading of the equiptment from structures, vegetation or topography and impair the system's performance.(*)
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Upload a file (jpg, pdf, doc files accepted)
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Date(*)
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Applicant(*)
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Applicant's Email Address
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(*)
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Note: You will receive an email confirmation from ECIA soon after you submit this form. If you would like a paper copy of the form, you may print this page after filling out the form but before you click on the "submit" button. Use the print screen function by pressing ctrl P (command P on a mac) to print this entire page.

VARIANCES

Purpose and Applicability

The ECIA may approve variances to the provisions of the Architectural Guidelines in accordance with this section.  Variances may be granted to provisions regulating the size, location, height and appearance of structures; .  A variance shall not be granted to provisions that restrict the type or intensityof principal or accessory uses, including limits on maximum residential density.

Approval Criteria

(1)        One or more of the following special circumstances applies:

(a)        unusual physical characteristics exist that distinguish the land or structure from others in the vicinity that are subject to the same relevant provisions of the Architectural Guidelines, pre-existing non-conforming conditions that were not caused by the current owner;

(b)        there is an inherent conflict in applicable regulations that cannot be resolved by compliance with the more-restrictive provision; or

(2)       The special circumstances make it infeasible, for reasons other than financial cost, to develop the property in compliance with the standards of the Architectural Guidelines.

(3)        The intensity of development shall not exceed that which is allowed on other properties in the vicinity that are subject to the same relevant provisions of the Architectural Guideliens.

(4)        The variance is the minimum variance that will make possible the reasonable use of the land or structure is consistent with the purpose and intent of the Architectural Guidelines.

(5)        The variance is not contrary to the public interest.

Conditions of Approval

Variances may be approved with conditions that will assure substantially the objectives of the standards or requirements so varied or modified and that are reasonably related to the approval.

Approval Limited.

A variance applies only to the type and extent of development shown on the plans approved at the variance hearing.  All other development on the property shall comply with the terms of the Architectural Guidelines or shall require a new or amended variance.