Alpha Subdivision Covenants, Conditions & Restrictions (CC&Rs) FAQs
The following Q&A describes current ACA policy toward some contemporary issues; issues caused primarily by the age (recorded in 1969) of Alpha” CC&Rs.
Please note that each variance request is considered individually by the ACA. The following policies indicate how the ACA typically responds. When assessing a requested variance, the ACA considers the effect of the variance upon adjoining neighbors and the community as a whole.
Q – In Article 1 the CC&Rs state “… No structure of a temporary character, trailer, tent or shack shall be allowed on any parcel, nor shall any basement, garage, barn or other outbuilding be used at any time as a residence either temporarily or permanently without express written permission from the “Committee of Architecture”. Does this mean we cannot build planned “guest quarters” (i.e. shown on the project application) first and reside in them during construction of the primary residence?
A – If the “guest quarters” are 1,000 square feet or more, there is no issue. The issue arises when they are below the 1,000 sq. ft. minimum required by Article 8 and are not attached (e.g. share the same roof) to the primary residence. A few residents, in the past, had built a secondary residence, but never completed the proposed primary residence. This resulted in a few homes that are smaller than the minimum size requirement. These occurrences have been met with much dissatisfaction by some landowners. Hence, the ACA is willing to consider such a variance, but the applicant should consider and provide assurances that the primary residence will be constructed.
Regarding trailers, the ACA will consider a variance with regard to using trailers as housing during construction. There are additional restrictions that will be provided upon request.
Q – In Article 1 the CC&Rs state “… All buildings or structures erected, placed or permitted upon said premises shall be of new construction and no buildings or structures shall be moved from other locations onto said premises.”
A – While the CCRs prohibit the relocation of existing buildings/structures to the subdivision, the ACA has considered and granted approvals/variances for structures that are in like-new condition or visibly appear to be in like-new condition. This has mostly applied to structures like sheds and small barns.
Q – In Article 2 the CC&Rs state “… the period of construction (not to exceed 150 days) …” implying construction must be completed within 5 months, is this true?
A – The ACA typically grants a variance(s) to extend this period for primary residences. With unpredictable weather, wintery conditions, and considering the capability of local contractors to construct in such an expedited fashion, the ACA grants these extensions when requested.
Q – In Article 3 the CC&Rs state “No pigs or swine shall be bred, raised or allowed on any parcel; not more than two goats or sheep shall be bred, raised or allowed on any parcel; not more than 25 horses for each 10 acres owned shall be bred, raised or allowed thereon; no chickens, other than as domestic pets, shall be allowed to run at large.” Are there any other restrictions on the types or numbers of animals/livestock allowed in Alpha?
A – Yes, county zoning restrictions also apply to parcels within the Alpha subdivision. Restrictions dealing with animals are listed in Section 5.6.2 of the Archuleta Land Use Regulations. Most parcels within Alpha are zoned as Agricultural Estate, (AE) parcels over 35 acres are zoned as Agricultural/Ranching (AR). Note that there are overlapping restrictions imposed by the CC&Rs and the county – the more stringent restriction(s) is applicable. (See: https://www.archuletacounty.org/247/Land-Use-Regulations .)
Q – In Article 8 the CC&Rs state “Not more than three residential dwellings shall be erected, placed or permitted per acre; …”. Does this mean, as an example, I can build 15 residences on a 5-acre parcel?
A – No. The CC&Rs were recently (March 20, 2018) modified to make them consistent and to manage increases in density in Alpha.. Hence, no lot, parcel, or tract shall be smaller than five (5) acres. Residential dwellings are limited to not more than two (2) dwellings per lot, parcel, or tract up to thirty-five (35) acres.
Q – In Article 8, the CC&Rs state “… no residential dwelling shall be located closer than 55 feet from any parcel boundary line; …”. May I request a variance to build closer to the lot line(s)?
A – Yes, such a variance will be considered. However, all such variances will be discussed with the adjoining landowner and any negative response on their part will result in the variance not being granted.
Additionally, there is a 30-foot utility easement on all property lines for each parcel. The ACA does not have the authority to grant encroachment on easements or public rights-of-way
Q – In Article 8, the CC&Rs state “… No residential dwelling shall contain less than 1,000 square feet of actual living area. …”. Does this mean I can’t have “guest quarters” less than 1,000 sq. ft. in another structure, i.e., not in the primary residence?
A- The ACA will consider such a variance on a case-by-case basis. However, if the variance is granted, this secondary residence will mean construction of any other residence on the parcel will be denied by the ACA Architecture Committee.
Q – In Article 8 the CC&Rs state “… No structure of any kind shall exceed 25 feet in height.”. Is this restriction currently enforced?
A – Variance requests for height are very common, i.e. currently the majority of projects request a height variance. This is due primarily to changes in building code with regard to roof design and contemporary design trends for “great rooms”, etc.
A variance request for up to a 30-foot structure height will generally be granted, subject to the discretion of the ACA Board, to accommodate common architectural designs and in consideration of the sheer volume of applicants that request a height variance.
A variance request for more than 30 feet will be considered, but it will be carefully considered in the context of the project, the location, the location of neighbors, etc. Adjoining landowners will be consulted where appropriate,
Q – In Article 10 the CC&Rs state “… No building, fence, patio or other structure shall be erected, altered, added to, placed, or permitted to remain on any parcel until …”. Does this mean, as an example, if I have a deck and wish to replace the planking I need to submit an application to the ACA Architecture Committee?
A – In this example, no application is required. Maintenance of existing structures does not require an application. The ACA interprets this article to mean substantive changes (or additions) to structures, not changes required by normal maintenance/replacement or compliance with contemporary building code.
Q – In Article 10 the CC&Rs state “…It shall be the general purpose of the Committee to provide for the maintenance of a high standard of architecture and general construction in such a manner as to enhance aesthetic properties and structural soundness and the Committee’s decision to allow or deny the construction of any building, fence, patio or other structure shall be final.” What does the Committee consider when reviewing a proposed project?
A – It is the responsibility of the ACA to ensure that a proposed design shall provide for the maintenance of a high standard of architecture and general construction in such a manner as to enhance aesthetic properties and structural soundness. The improvement shall not detract from the appearance of the parcel(s) and may not, in any way, be detrimental to the public welfare, property value, or to the value of property of other persons located in the vicinity. The climate, terrain, other comparable structures, and existing vegetation within Alpha are all important factors which should be considered in the design of any structures on, or improvements to, parcels within Alpha. Furthermore, the design should be consistent with Alpha’s “character” of single-family residences in an agricultural or wooded setting. Exterior materials should be of a material(s) and color that are compatible with the native landscape and design of the structure. The predominant materials will typically consist of wood, native stone, stucco, and brick. Exteriors of other materials such as metal, fiberglass, or composite siding, plywood, concrete block, etc. are acceptable. Exterior colors should generally be subdued to blend with the landscape and the use of bold colors should be limited to accents or trim
Q – In Article 10 the CC&Rs state “No building, fence, patio or other structure shall be erected, altered, added, [sic] to, placed, or permitted to remain on any parcel until and unless the plans thereof … shall have been first delivered and approved in writing by a majority of the Architectural Committee”. Can a landowner submit an application for a non-residential structure without an existing residence or a residence as part of the submitted application?
A – No. The ACA will not accept project applications for non-residential structures when a residence is not in existence or part of the proposed project. Article 1 states “Said parcels are hereby restricted to single-family residential dwellings for single-family residential use;…”, therefore, a residence must exist on an occupied (non-vacant) parcel. Applications for the erection of a fence(s) or the establishment of utilities will be considered without a residence.