ERAC Appeal Minutes

University Square Homeowners Association (USHA)
September 30, 2015 EARC Disapproval Appeal Hearing

Fairfax Villa School – 7:30 pm Minutes:

Mr. and Mrs. Walker had submitted plans for an addition to their house located at 4400 Bellavia Lane. EARC had disapproved the plans as they were not in accord with the EAG&R- Section 2 – “Roofs of new structures and additions must be architecturally compatible with the existing roof including pitch such that the addition does not exceed the height of the original.”

The roof line showed that it will be higher than the roof line of the original roof.

Mr. and Mrs. Walker were asked to discuss the basis for their appeal and any options to comply with Section 2 of the EAG&R. They were offered to bring their builder to the meeting.

Board members in attendance were:

  • Peter McCintock, President
  • PJ Kennedy, Treasurer
  • Oscar Merida
  • Justine Ginsberg
  • Christine Taylor

EARC members in attendance were:

  • Patrick Tomlinson
  • Dennis Makurat

The appeal process, located under the Application Process and Procedures, in the EAG&R was provided to board members and the Walkers.

The Walkers stated that due to offsets in their back yard and the style of house, the builder’s plans, which showed the roof line exceeding the original roof line, was about the only feasible way to add onto their house.

When the Walkers left the meeting, the board discussed the appeal. The main concern was that if the board approved the plan, that the board would amend the EAG&R on roof lines to allow similar additions. The board voted 4 to 1 to allow the Walker’s plan, subject to the following, which was provided to them in both an e-mail and a hand delivered letter:

“The Board has approved your application for an addition, based on the document you provided to the Board at the Appeal Hearing, which showed, among other things, that the new roof will tie into the existing roof with the use of matching shingles. The eave of the new roof must not exceed the peak of the original roof. The Board will be amending the External Architectural Guidelines and Restrictions to reflect a change in roof line restrictions. Please be mindful of the new roof line restriction in this communication when proceeding with the addition.”