HomeMy WebLinkAboutLetter of Intent 060221Dear Planning Commission Members,
We would like to build a pool and cabana in our side yard and have been in touch with Monte Moore to
determine how best to move forward. Mr. Moore determined that our property is zoned PRD and our
construction plans involve an encroachment across the platted building line which was established by
the PRD zoning, a rear setback encroachment, and an encroachment into the utility easements that will
need to be approved by the Planning Commission and City Board as a Revised PRD zoning for our lot. In
addition, Mr. Moore asked us to get approval from all utility companies and our town architect before
requesting a revised PRD.
To date, we have contacted all utility companies and have gotten approval from each to move forward,
since no utilities have lines that run through our side yard. Also, we have received approval from both
our Property Owners Association Board, as well as, our neighborhood Town Architect, Steve Grisham.
Mr. Grisham explained our request better than we can in his approval letter, therefore, we have
included the text from it below.
"As requested, as the Brodie Creek Town Architect I have reviewed your plan submission and believe it
will be a beautiful addition to your home and would be an asset to the entire neighborhood. Since your
house is on a corner lot, it typically requires a 20 foot setback at the front as well as the side yard along
Brodie Creek Trail. The cabana location would not meet the current Brodie Creek POA covenants, as
the majority of the cabana would be sited beyond the 20 foot building setback line at the south side of
your house and would be in a portion of the 10 foot utility easement within the setback. The POA
covenants also do not allow for outbuildings. The Town Architect is allowed to approve waivers of the
covenant requirements. I see no issue with the design and wish to encourage enhancement of the
neighborhood and maintain its core design intent. I requested that you obtain approval from the utility
companies allowing you to build within the utility easement and from the Brodie Creek POA Board
regarding the building setback and outbuilding issue before officially waiving them and approving the
project.
First, as noted in one of your earlier emails, you have contacted all the utility companies and found
there are no utilities within the easement at your residence and that the water line is located on the
street side of the property line rather than in the easement. You have had all the utility companies sign
off on allowing you to build within the utility easement.
Second, I provided you a cursory approval to waive the requirements contingent upon the Brodie Creek
POA Board approval as well as approval by City Planning. Based on receipt of a majority of the POA
Board agreeing to the waiver, I will officially waive the setback and outbuilding requirements in this
particular instance, as the cabana will only affect a small portion of the building setback, is not the
primary building structure, and will be constructed to match the detailing of the main residence based
on the images you provided.
Third, you noted that Monte Moore indicated to you that "the property is zoned a PRD. The
encroachment across the platted building line which was established by the PRD zoning, the rear
setback encroachment, and the encroachment into the utility easements will need to be approved by
the Planning Commission and City Board as a Revised PRD zoning for this lot. Also, the property owner
needs to see if there is an Architectural Review Committee (or other subdivision control established
through the bill of assurance) for this subdivision and obtain that approval before filing for the Revised
PRD zoning." Since you have addressed his and my comments, please submit your plans to the City
Planning for their final review and acceptance of this waiver. Please copy me on anything pertaining to
the approval process once complete.
As a final note, I contacted the architect John Allison, who with his wife Mary and her family owned the
property and developed the Brodie Creek Neighborhood. They were involved with drafting the
covenants, and he was the original Town Architect. I wanted to get his opinion as to the issues
surrounding your pool and cabana project as it relates to the covenants and regarding the waiver. He
was understanding of them and was very excited to see continued enhancement of properties in the
neighborhood and agreed the project would only add value to the uniqueness of Brodie Creek and aide
in increasing its value. He agreed with me regarding the proposed waivers and would have approved
them had he still been the Town Architect.
I am hopeful, this will be acceptable to the City and allow you to proceed with construction soon. Good
luck and call me if you have any further questions or comments that need to be addressed."
Thank you very much for your time and consideration of our request for a revised PRD zoning of our lot.
Sincerely,
Elizabeth and Matthew Wahl