Special ARC Decision Appeal Hearing Minutes
1:00 p.m. Four members of the SBCA Board, Jerry Conover, Roy Kraft, Connie Wilkinson and Christine Whitehurst, visited the Lots being discussed in the Killmer Appeal. Also present were the Killmers, the Killmer’s lawyer Mr. Miller, the Killmer’s realtors the Lloyds and the lawyer for the SBCA Mr. Shattuck.
2:00 p.m. The formal hearing was convened. All parties mentioned above, the Shepherds and various spectators from the community were present.
Jerry Conover started the meeting introducing the problem that instigated the action. That being the problem of vegetation blocking residents view. He then introduced the Board members that would be hearing the case, the Killmers, the Shepherds and the two lawyers.
Lincoln Miller, Killmer’s lawyer, stated their case. In short, in 2002 there had been an ARC decision that required the trees planted by the Shepherds be removed or not permitted to grow over their roof line from a vantage point six feet above Red Cedar Lane. He also stated that this ruling was more restrictive than the Killmers felt was necessary for their view preservation, and that neither party had appealed that ARC ruling.
He then went on to say that in 2005 the trees were beginning to reach a height that was impacting the Killmer’s view, exceeding the height requirements of the 2002 decision. At this time the ARC was notified and they assigned a special committee to look into the matter and try to solve their view maintenance issue. The result of this committee’s work was to reverse the 2002 ruling. Mr. Miller feels that the 2002 decision should stand, that we should not undo what had previously been established. However, the Killmer’s feel that decision was too restrictive and they propose a compromise position. They have 4 conditions that were included in a December 13, 2005 letter to the SBCA Board and ARC.
Board member Roy Kraft was concerned about a couple of their conditions. He felt that the 15-day time limit on getting vegetation trimmed might be too short. Mr. Miller and the Board all agreed that 60 days would be much more workable. Mr. Kraft also spoke about the $100 a day fine if work was not completed by the required date, as we do not have a published fine schedule there is no legal way to assess a fine for ARC violations at this time. Mr. Miller said they could be flexible on this matter also.
Mr. and Mrs. Shepherd spoke briefly; stating that no one had ever come to them and just asked them to trim the trees. Mr. Shepherd also said that he would now like to be notified by certified mail and that he would then act on the letter, either by trimming the trees or by legal means. He feels that the entire situation is out of hand and would be much better handled neighbor to neighbor.
Jerry Conover thanked all the parties involved for their input and directed the Board members involved and any other interested parties to meet again on January 16, 2006 at which time there would be no discussion but that the Board would present its decision in writing.
Respectfully,
Christine Whitehurst
SBCA Secretary/Treasurer 1-12-06