DECEMBER 11, 2003 - Laserfiche WebLink

Home Browse Search

family, custom-built homes, with an approved builders list. The packet also included an e-mail they sent to the National Association of homebuilders and asked what the definition of a custom home was. He stated that the answer they received was a production home is where you go and purchase a home that they already build and you can make minor adjustments. A custom home is where you have your own print and you take it to the builder and he builds your print. Mr. Adams stated that he has been to Martinsville and that this section has not been platted, only preliminary platted, with lot numbers and street names. He was told in Martinsville that part of the new section was just brought into the buffer zone within the last four to six weeks. Tim Currens stated that is not true because the Town has not done anything with the buffer zone recently. The homeowners from The Settlement are not fighting Cedar Run on the preliminary plat. Ernie pointed out that the original master declaration showed that the requirements for square footage were 1,400 square feet on a ranch and 1,700 on a two-story but at some point it was changed to I ,SOO and 2,200. It also stated no slab construction will be permitted on any dwelling. There was also a builder's agreement with Nathan Johnson that states that no living space can be constructed on slabs, only crawls or basements would be permitted. However, the third slab home is being built in The Settlement now. This is why the homeowners feel there are floating covenants. Ernie stated that he felt that the lots were too small for the larger building requirements. He also stated that the other lots are not selling and he believes it is because they are too small. The existing homes are not selling either. The first one just sold recently and the homeowner had to sell it at a loss. Mr. Adams also stated that none of the other homeowners were notified about the meeting. He is asking the Plan Commission to find a way to stop what is happening. The Attorney General has not returned the calls of the homeowners. John Dougherty asked how the homeowners could request that the Plan Commission do what is necessary to find a way to potentially overturn what the County approved and force some changes to the covenants. Tim Currens stated that where they want to make changes in their own association is not something that the Plan Commission has jurisdiction to do. He said that is something between the homeowner's association and the developer because since this board did not approve these covenants they do not have the jurisdiction to enforce them. Connie Adams said that the county told them that this ground has not been platted and signed off on so therefore this Plan Commission would have the control to approve the covenants on this item. Tim Currens stated that the preliminary plan was not recorded but was approved by the County. Ernie Adams stated that was not what the County told them. He said that it was also in the newspaper about the Town changing the buffer zone and that if that is not correct, than that is why the board should not vote because there were too many issues that needed to be resolved. Troy Bryant asked if this would constitute a re-plat. Tim Currens stated that if the changes were considered to be significant, then it would, but they can still only look at certain changes, such as the streets. Troy asked if there was a time limit established by the county on the preliminary plat. Tim Currens said that he does not know what their ordinance stated at the time and he could find out. Mike Young stated that he believes that the Planning Commission is here to protect the people in the community and he does not like the fact that a developer can make changes whenever he wants. John Ehrhart stated that he could not believe that the developer is not trying to resolve the situation and should have to be accountable to the homeowners. Troy Bryant stated that he believes