Radiance Architecture and Building Committee (ABC)

Request
for variances form (MS Word document)

 

ABC
major guidelines, revised 4/02

These are defined by the ABC
and may be revised at any time by the members of the ABC or the RPOA Board.
Variances to these guidelines and the Restrictive Covenants are granted
on a site-by-site basis. In fact, variances to some of these guidelines
have previously been granted.

  1. Roofing materials:
    tile, metal, asphalt, slate, copper, etc. No shiny metal. Garden homes
    must devise guidelines for shared roofing.

  2. Paint: Earthen colors
    that do not draw attention away from natural landscape Example: no
    houses painted with magenta trim or lime-green garage doors. Stain
    is preferred over paint for wood exterior walls, fences, etc.

  3. Garbage disposals:
    prohibited due to the undue load on septic systems.

  4. Building style:
    Texas contemporary and southwestern styles of the Spanish tradition
    encouraged. Victorian gingerbread, Tudor, A-frames, domes, flat-roofed
    homes are discouraged. Houses should blend with Texas Hill Country
    and not contrast harshly with other houses or the landscape.

  5. Fences: height and
    size of fence determined along the following parameters:

  6. Decorative fences
    (under 4 feet) and gardening fences (6 feet plus) are acceptable
    and contingent upon design, proximity of other fences, proximity to
    walking paths, etc.

  7. Privacy fences are
    generally limited to backyards and smaller areas:

    1. Detached dwellings:
      no larger than the Buchanan’s privacy area in 2001. (4 Concord)

    2. Garden homes:
      not to exceed the Levinson’s privacy area in 2001. (13 Concord)

  • Driveways: Unpaved
    driveways accepted for up to 2 years after construction. Then permanent
    surface required.

  • Trapping: No trapping
    allowed except for live traps used for re-location.

  • Firarms: The Covenant’s
    restrictions on firearms includes BB guns. Fireworks on July 4th and
    New Year’s Eve only, with direct adult supervision and weather
    conditions permitting (i.e. no burn ban).

  • Gardenhomes: Design
    changes must be collectively agreed upon by a simple majority of the
    Gardenhome owners in that area. This would include paint color, roofing
    material, room additions, etc.

Summary
of ABC-related Restrictions in Radiance Restrictive Covenants
4/02

Appointed by the Board for
2 year term (Section 8.1)

At least 4 but not more
than 6 members (Section 8.1)

Must approve or reject
in 21-days after all info. gathered (8.5)

Written approval for
variances required (8.6)

Can unanimously designate
1 or 2 agents to act on behalf (8.4)

May define their own
building/improvements guidelines beyond

the scope of the
Restrivictive Covenants. (8.3)

May charge for work,
not more than $20 per application, and must


submit received funds
to RPOA at the end of each year. (8.3)


Decisions can be based
simply on aesthetic grounds. (8.2)

Any ABC approval expires
after 3 months if building has not


commenced (8.7)


BUILDING AND IMPROVEMENTS

Exterior construction
or improvements – within 6 months (9.9)

Cited Examples of Improvements
requiring ABC approval: (8.2)

buildings, walls,
fences, pools, landscaping, security systems,

exterior lighting
fixtures, radio-TV antennae

Residential buildings
only (9.1)

One single-family dwelling
per lot; garage apts. okayed by ABC (9.24)

No commercial activities
but home offices with public access ok. (9.18)

First floor minimum:
800 sq. ft. (9.2)

Total minimum: 1200 sq.
ft. (9.2)

Exterior – 1/3 masonry
required (9.3)

20 ft. setbacks from
lot lines and street (9.4)

Driveways must be paved
to Hays County Specs. and large enough

to accomodate 4 parked
cars (9.5)

Driveways must be properly
maintained and provide adequate drainage (9.5)

No on-street parking (9.15)

No fuel tanks (9.11)

No wire fences (9.12)

Perimeter fencing generally
not permitted (9.19)

No offensive lighting
or antennae (9.19)

No trees cut with 5 in.
diameter at 1 foot above ground level (9.21)

Tree stumps must be removed (9.21)

BEHAVIORS/LIFESTYLE

Domestic pets only; limit
of 2 dogs per detached dwelling (9.6)

No mobile homes or temporary
dwellings (9.8)

No vehicles larger than
3/4 ton pickup to be visible (boats, trailers) (9.14)

No signs other than address
or for sale signs (9.13)

No on-street parking (9.15)

No dumping (9.16)

No firearms, including
fireworks (9.17)

No hunting, including
bow hunting (9.17)

No toxic herbicides or
pesticides; store-bought aerosols are ok (9.20)

No mining (9.22)

No dams over creek (9.23)

ABC Policy, drafted 2003

SITUATION: NEIGHBOR COMPLAINTS

SITUATION: OUT OF COMPLIANCE
WITH Radiance Restrictive Covenants
If a homeowner is out of compliance with the RRCs, then the ABC will contact
them verbally to ask what they intend to do about the situation. They
will be informed that they will be receiving a written notice and that
fines will insue. They will be invited to give ABC a written notice of
when they plan to have the situation resolved. If appropriate, they might
choose to apply for a variance.

First notice: sent immediately
after first discussion

2nd notice: sent after 3
weeks if compliance is not achieved

3rd notice: sent 3 weeks
to include details of fine, which is to be paid to RPOA.2. If a homeowner
or renter begins a building or improvement project without first getting
ABC written approval, there will be a $100 fine payable to the RPOA.