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Home My WebLink AboutCLE201400025 Legacy Document 2014-03-19NOTICE SENT FIRST CLASS MAIL AND CERTIFIED MAIL March 14, 2014 RE: CLE # 2014 -25 Tewah's Family Day Home 54 Woodlake Drive; Tag Mau Parcel 61X2 -0F -03 My name is Janice Rotenberry (also known as Janice Rotenberry Gheen). I am the owner of 53 Woodlake Drive, the property abutting 54 Woodlake Drive, Tewah's Family Day Home Proposal. This is my written objection to the request for approval of Tewah's Family Day Home at 54 Woodlake Drive. I am in opposition to this request and my list of obiections follow: 1. A copy of the Four Seasons Townhouse Association Table of Contents is enclosed along with page 9 of the covenants and restrictions. Please see the portion of page 9 stating: ARTICLE X - USE RESTRICTIONS X: Section 1. Limitation on Use of Lots and Common Area. The Lots and Common Area shall be occupied and used as follows: (a) No Owner shall occupy or use his Lot, or permit the same or any part thereof to be occupied or used for any purpose other than as a private single - family residence for the Owner and the Owner's family or the Owner's Lessees or guests; 2. Tewah's Family Day Home as described in your letter dated February 28, 2014 is an "alarming situation" with potential to threaten the value of my adjoining property. 3. Tewah's Family Day Home would seem to represent a change of status for Woodlake Drive located within the Four Seasons Townhouse Association. 4. The back courtyard area is very small, usually contains a drain for water drainage and could not provide any type of reasonable outdoor play space for "up to 12 children ". (2) 5. There are only two parking spaces provided for each townhouse. Tewah's Family Day Home has the potential to increase traffic in that area. 6. I refer you to the same page 9 attachment which also states; (c) Nothing shall be done or kept in any Lot or in the Common Area which will increase the rate of insurance on the Common Area, without the prior written consent of the Association. No owner shall permit anything to be done or kept in his Lot or in the Common Area which will result in the cancellation of insurance on any Lot or any part of the Common Area, or which be in violation of any law, No waste shall be committed in the Common Areal Note: When you leave the driveway area of each townhouse, you are entering onto Common Property of the Four Seasons Townhouse Association. As you step off the step in the front, you are again entering onto Common Property. 7. Several years ago, my husband and I placed a board across the bottom of the fence to Tewah's property. Small children, playing in the back courtyard, were throwing small toys into the courtyard of my property - 53 Woodlake Drive. I never called this to Tewah's attention, we just placed the board to take care of the problem. 8. It. is noted, according to your letter, Tewah does not plan to hire any employees. With a two story home, it would seem additional help could potentially be necessary to take care of "up to 12 children ". 9. It would seem there could be additional noise in the back courtyard with "up to 12 children ". 10. I purchased 53 Woodlake Drive in December 1976. Over the years, it has been my primary residence and rental property. With Tewah"s Family Day Home for "up to 12 children" next door, it could have a negative impact for renting the property. I am copying the New House Company on this letter as they currently manage 53 Woodlake Drive. 11. My husband and I live in Northern Nelson County, Virginia. We are nearby to check on the property. We currently have renters who have been with us for several years. We are in the process of spending thousands of dollars to replace the windows in 53 Woodlake Drive. We also try to trim the shrubbery in the front of the unit and keep the weeds down in the back courtyard. At some time in the future, my husband and I may decide to live in 53 Woodlake Drive. If I should move there, I would prefer not to have Tewah's Family Day Home with "up to 12 children" next door at 54 Woodlake Drive. (3) 12. It has come to my attention the Four Seasons Townhouse Association should have been notified of this situation. I am copying Donna Redmond, President of the Four Seasons Townhouse Association, on this letter. Lastly, to my knowledge, on the occasions I have met Tewah, she seems to be a good neighbor. However, I do not feel her location - 54 Woodlake Drive - should be a Family Day Home. As you have notified me of the proposed Tewah's Family Day Home, I would ask to be informed of the final disposition of her request showing if approved or denied. If you should need a complete copy of the Four Seasons Townhouse Association document, please get in touch with me (the document is 29 pages), or any other information, please call 434 - 361 -0095 or notify me in writing. Sincerely, jJaniceRotenb�erry AKA Janice Rotenberry Gheen Owner - 53 Woodlake Drive Attachments: 2 cc: Donna Redmond, President, Four Seasons Townhouse Association Amy McLesky, New House Company Michael Quillon - 55 Woodlake Drive Richard Gibbs - 55 Woodlake Drive Four Seasons Townhouse Association Table of Contents • FOUR SEASONS SUBDIVISION DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS • ARTICLES OF INCORPORATION OF FOUR SEASONS. TOWNHOUSE ASSOCIATION, INC. •. BY -LAWS OF FOUR WASONS TOWNHOUSE ASSOCIATION, INC. • AMENDMENTS TO FSTA DECLARATIONS ARTICLES AND BY -LAWS • MAP • LIST OF BLOCK REFERENCES [Explanatory text and corrections of-typographical errors are bracketed] REVISED 2007 This publication is not copyrighted. Copying of the contents of this booklet, in whole or in part, by any means including electronic retrieval systems, is permitted. Additional copies of this booklet may be purchased at cost by writing to the Four Seasons Townhouse Association, Inc: P.O. Box 6389, Charlottesville, VA 22906 -6389 VIII: Section 6. Arbitration. In the event of any dispute arising concerning a party wall, or under the provisions of this Article, each party shall choose one arbitrator, and such arbitrators shall choose one .additional arbitrator, and the decision shall be by a majority of all the arbitrators. ARTICLE IX ARCHITECTURAL CONTROL No building, fence, wall or other structure shall be commenced, erected or maintained. upon the Properties, nor shall any exterior addition to or change or alteration therein be made until the plans and specifications showing the nature, Idnd, shape, height, materials, and location of the same shall have been submitted to and approved in writing as to harmony of external design and located in relation to surrounding structures and topography by the Declarant or by the Board of Directors of the Association, or by an architectural committee composed of three (3) or more representatives appointed by the Board. In the event said Board, or its designated committee, fails to approve or disapprove such design and location within thirty (30) days after said plans and specifications. have, been submitted to it, approval will not be required and this Article will be deemed to. have been fully complied with. ARTICLE X USE RESTRICTIONS X: Section 1. Limitation on Use of Lots and Common Area. The Lots and Common Area shall be occupied and used as follows: (a) No Owner shall occupy or use his Lot,. or permit the same or any part thereof to be occupied or used for any purpose other than a# a private single - family residence for the Owner and the Owner's family or the Owner's Lessees or guests; . (b) There shall be. no obstruction of the Common Area. Nothing shall be stored. in the Common Area without the prior consent of the Association; (c) Nothing shall be done or kept in any Lot or in the n Common en consent of the Association. ncre, se t e rate of insurance on the Common Area, without the prior shall permit anything to be done or kept in his Lot or in the Common Area which will result in the cancellation of insurance on any Lot or any part of the Common Area, or which would be in violation of any law. No waste shall be committed in the Common Area; (d) No sign of any land shall be displayed to the public view on or from any Lot or the Common Area, without the prior consent of the Association;. [except that Realtors` "For Sale "signs, not ranted by larger than of Directors;f the Boar published in the January 974 Newsletter of the Four Seasons Townhouse Association, Inc.) Co No animals, lives(( that dogs, poultry or the household pets may kept in Lots, Lot ubject to Common Areas, except rules and regulations adopted by the Association. (f) No noxious or offensive activity shall be carried on in any Lot or in the Common Area, nor shall . anything be done therein which may be or become an annoyance or nuisance to the other Owners; (g) Nothing shall be altered or constructed in or removed from the Common Area, except upon the - written consent of the Association; 9