Our client is looking to purchase Lot 122 within the subdivision, which is shown in the map to the right, and develop it commercially (APN: 104-26-1250).
Your community’s deed restrictions prohibit lots from having a “place of business.” To allow for commercial development on this parcel, we would like to work with the community on an amendment to the CC&Rs that would be limited to Lot 122.
Our thoughts at this early stage are the amendment would generally contain the following:
Allowance for Lot 122 to be released from the deed restrictions preventing commercial businesses. But this allowance would come with three major caveats that would be stated in the amendment itself:
- Landscape Buffer: If Lot 122 develops commercially, it must provide a tree-filled landscape barrier on the lot’s west property line to act as a buffer to the community (the details of this buffer could be worked out with the community and written into the amendment specifically).
- Buy-Out: Before Lot 122 can be allowed to develop and operate commercially, it must provide a $100,000 payment to the association, which could be used by the Association to fund well repairs now or in the future.
- Relinquish Water Rights: If Lot 122 develops commercially, it must surrender its rights to the association’s well and it must connect to municipal water.
As the area continues to develop, there is going to be increasing need for commercial services in the area. Additionally, with the commercial that exists on the east side of the street and with the increase in traffic on Gantzel Rd., we believe it makes sense for Lot 122 to be commercial. What we hope to provide is a fair and reasonable pathway for this parcel to be allowed commercial development while ensuring the neighborhood’s way of life, and the viability of its well system, are preserved.
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