HOA denied pool build... advice?

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thadius65 said:
If anything like my area, I agree with many other recommendations. When you apply for appeal or variance, bring lots of examples and details of other near by homes. Then bring along detail drawings of what you are proposing (yours or builders, but easy to follow). Focus discussion on community uniformity and that your request is not having anything done that isn't in your immediate neighborhood. Again, be very nice, friendly through full process. It goes along way, especially since many board members are volunteers and work a full time job all day, to then go to a meeting such as this at night. I speak from experience as I am on the zoning board in my area and the last thing I need is someone getting angry for no reason.

Good luck!
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thadius65 - thank you for your reply. The letter I received states that the appeal must be done in writing - do you think I could also request a meeting? Luckily, I'm not the type to "ruffle feathers" or to get angry over things that are out of my control, so that shouldn't be an issue. :)
 
Can you see if the water shed will let you build inside the easements. it looks like they have plenty of room to maneuver if they need to dig, outside your yard. You may be able to get an exception, if you ask nicely.
 
The HOA should take no interest in the building line; that is a City issue. Here in Corpus Christi, we operate under the Unified Development Code, and subgrade construction and flatwork is permissible across the building line. Pool decks and the like do not constitute structures under the UDC. I can't say for certain that Houston operates under the same code, but I'd venture a guess that someone with the HOA is trying to do the City's job, and doing it incorrectly.

Edit: Looking at your lot, if anyone should be able to get a variance to cross a building line, it's you. Building lines are generaly enforced to contain flame spread in case your house catches fire, and your property line abuts a freaking river.
 
Waterstick said:
The HOA should take no interest in the building line; that is a City issue. Here in Corpus Christi, we operate under the Unified Development Code, and subgrade construction and flatwork is permissible across the building line. Pool decks and the like do not constitute structures under the UDC. I can't say for certain that Houston operates under the same code, but I'd venture a guess that someone with the HOA is trying to do the City's job, and doing it incorrectly.
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As President of our local HOA (don't beat me up, just trying to help) - that is what I mentioned previously...HOA's are supposed to try to maintain this, but ultimately the local ordinance will have to approve any variance.
 
I live in one of the Memorial villages (surrounded by Houston) and our building setback lines are controlled by the city, not the HOA. And our city would never grant the variance you seek. I hope it works out for you.
 
HouTex said:
I live in one of the Memorial villages (surrounded by Houston) and our building setback lines are controlled by the city, not the HOA. And our city would never grant the variance you seek. I hope it works out for you.
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My point is he shouldn't need a variance. If concrete paving were disallowed across the building line, his driveway would be illegal too. He can't build a pergola or patio cover across the line, but a pool deck should be fine.

Reillysmommy, call the Building Division at (714) 229-6730 and ask to speak with a project manager for early assistance. Explain your situation to them, and I would be willing to bet they will tell you that you can put a pool in your side yard, with the deck crossing the building line. If so, send the person you spoke to an email and ask them to respond to it so you can print it out and submit it to your HOA. Unless your HOA has some weird rules built in, approval from the City should be enough for them to approve it.
 
Even without the build line I don't see how you could fit a pool anywhere with the access easement and utility easements. Could you show us a sketch on where it would go?
 
Waterstick- Probably good advice but wrong Cypress- this is Cypress, TX not CA. I don't think there is a city building division here. Cypress is oustide of Houston city limits and would be covered by the county. During our pool builder search we were surprised to find out that some builders don't use licensed contractors because it's not required. They won't build inside city limits (Houston).

I think the best option would be to contact the easement owners to find out if there are options and then go from there. If your builder designed a pool to fit within your easement the only hang up is the fact that it's in the side yard. I think that would be the HOA decision. There are other examples of pools like that but whether on not those were built within the old rules is the question.

Good luck and let us know how it works out. BTW- you have a very nice lot other than the cement ditch and pool problems.
 
Bluechip said:
Waterstick- Probably good advice but wrong Cypress- this is Cypress, TX not CA. I don't think there is a city building division here. Cypress is oustide of Houston city limits and would be covered by the county. During our pool builder search we were surprised to find out that some builders don't use licensed contractors because it's not required. They won't build inside city limits (Houston).

I think the best option would be to contact the easement owners to find out if there are options and then go from there. If your builder designed a pool to fit within your easement the only hang up is the fact that it's in the side yard. I think that would be the HOA decision. There are other examples of pools like that but whether on not those were built within the old rules is the question.
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Whoa, I missed that by 1,500 miles. Residential permits are handled by Harris County. http://hcpid.org/permits/employee_list.htm. Scroll down to the residential division and talk to one of them.

And much like the building line, I can't imagine paving over an access easement would be an issue. You're actually improving accessibility.
 

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As a builder and developer I would think you could get a variance from the HOA and County permit department if it were just the build line. But the easements seem to be the biggest hurdle. Are there underground utilities in them now? Or were they standard easements the county required for a "just in case" scenario? What is the access easement for? The lake or ditch for maintenance I assume? Does it ever get used?
 
ouachita said:
As a builder and developer I would think you could get a variance from the HOA and County permit department if it were just the build line. But the easements seem to be the biggest hurdle. Are there underground utilities in them now? Or were they standard easements the county required for a "just in case" scenario? What is the access easement for? The lake or ditch for maintenance I assume? Does it ever get used?
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ouachita- It is just the build line the HOA is talking about. They stated that "pool and/or decking cannot encroach on build lines."
The PB avoided the Utility easements with his design. Yes, there are utilities in them now.
I'm not sure what the access easement is for - to my knowledge, it has never been used.
 
reillysmommy said:
They stated that "pool and/or decking cannot encroach on build lines."
The PB avoided the Utility easements with his design. Yes, there are utilities in them now.
I'm not sure what the access easement is for - to my knowledge, it has never been used.
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I don't know if you read my previous posts, but I'm pretty sure that your HOA is interpreting the development code incorrectly. Contact the Harris County building division and get clarification, and submit their interpretation to your HOA.

The access easement is to allow utility workers, etc. to cross your property without your permission. You can do what you wish, as long as you don't construct any barriers to prevent them. You may have to keep the entire pool out of that easement, but the flatwork should be acceptable.
 
ouachita said:
Any updates on this?
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Hi ouachita - I talked to the HOA liaison and i sent her pics of our survey, the aerial pic, and made the case that there is not another option for a pool except for the side yard. She suggested that our PB redo the drawing so that only the decking, none of the actual pool, is in the build line and send it with the other pictures with our appeal.

The "new" pool design is, of course, smaller (77 perimeter ft vs. original 90; 28'6" by 14'7" compared to the original 33'6" by 16'7".
That seems kind of small to me... What do you think??
I'm going to have to go out and lay down some kind of outline in the yard to see if it's even going to be worth it to have a pool.

Thanks for checking in!
 
Just kibbitzing a bit here, based on my own HOA trials and tribulations and some other wrangling, but what the heck is that thing behind you? It looks like some sort of spillway or something for that lake, maybe some sort of flood management? If I read your pics/drawings right, that build line is to that spillway (or whatever it is), which is most likely well beyond the control of the HOA. If that's the case, you need to find out what governs that build line. The HOA won't have the authority to override a county or state regulation. At best, if the government authority will even allow a relaxation, they would likely require the HOA's blessing first. Or, you may get an OK from the county and then be able to go back to the HOA and present them that as well.

Your 20' build line in the front (from the street) is a county regulation also and I can't tell from the drawing if that build line is being encroached as well.

And, to top things off, there's this: "Harris County wants to ensure that the proposed swimming pool does not encroach on any utility easement"

I'd recommend you start here and see where you are: http://hcpid.org/permits/res_dev_pools.html Looks like there's lots to satisfy to get a pool built in your area!

Good luck!
 

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