Any deviation from these Design Guidelines, Rules and Regulations requires an approved Variance from the LCMA.
A Variance will be considered on these grounds:
- Strict application of the Design Guidelines, Rules and Regulations would be impossible, unduly harsh or unnecessary in light of either:
- Physical conditions such as topography, natural obstructions or aesthetic or environmental considerations that are present on the property; or
- The presence of an extreme or unjustified economic hardship to the Applicant; or
- The Applicant’s proposal, although not meeting the requirements of the Design Guidelines, Rules and Regulations can be proven to directly and substantially advance the stated intent of the Design Guidelines, Rules and Regulations.
- The Variance would not unreasonably burden other property within the Lowry Community.
- The Variance is the minimum possible to alleviate the physical condition or relieve the hardship.
- The Variance is not in response to a violation by the Applicant of any covenant, design guideline, rule or regulation of the LCMA.
To make a variance request, you must do the following:
- No less than 15 days prior to the Buildings and Grounds Committee meeting, send and/or deliver a letter to all adjacent and affected property owners. The letter must include a notice of the time, date, and location of the Buildings and Grounds Committee meeting where the Variance will be considered, a description of the requested Variance and the street address of the property requesting the Variance.
- No less than two weeks prior to the Buildings and Grounds Committee meeting, submit a Design Review Request Form with accompanying Variance Form to the Buildings and Grounds Committee, along with any supporting documentation, photographs, design plans, etc. The Variance Form may be found on the same webpage as the Design Review Request Form.
- Variance Applicants must attend their hearing at the Buildings and Grounds Committee meeting where they must provide evidence that adjacent and affected property owners were notified in the timeframe described above (i.e., USPS Return Receipts, property owner signatures).
The Buildings and Grounds Committee will review the Variance request and approve or disapprove the request. If a Variance request is denied, the Applicant may appeal directly to the LCMA Board of Directors. LCMA Board will then review the appeal and vote to approve or disapprove and the LCMA Board decision is final. Applicants may revise their Variance request based on feedback from the LCMA and resubmit a new Variance request.