Architecture Committee Report
Homeowner Setback Modification Request
Homeowners requesting a Modification of Setbacks (MSR) must clearly justify their request in writing by explaining how the unique features of their property warrant modification of the setbacks. It’s the homeowner’s responsibility to ensure the request meets the criteria outlined in Section 3.203 of the CCRs. 3.203. In cases where the lot is so located, or its shape or contour is such as to justify it, The Architectural Committee may modify the setback lines and may also waive the height limitations.
Submission Requirements
Homeowners must submit a written request including:
Description of the proposed modification.
Identify Unique Features: Clearly explain what makes your lot unique (e.g., differences in height between the street and the building location, distance between buildings, near a wash, or having other distinctive features) and how the proposed modification aligns with the original framers' intent for lots to appear well-spaced and harmonious within the neighborhood.
Supporting Evidence: Include pictures, dimensions, and any other relevant information to support your request.
Justification: Provide a strong justification for why you believe the setback modification adheres to the neighborhood’s vision and aesthetic guidelines.
Site Plan - PimaMaps
Aerial photo showing existing property setbacks and structures.
Proposed setback modification.
Supporting Documentation.
Photos of the area (optional but recommended).
Any relevant municipal or county permits (not required).
SCE Architect recommendation
Letter from neighbor (not required)
Neighbor Notification
ARC encourages homeowners to notify shared lot line neighbor about their modification request.
Suggested script: "I plan to submit a request to modify my setback to [X distance] for [purpose]. I want to share my plans and see if you have any concerns."
Written acknowledgement from the neighbors that they have been informed of the proposed modification.
Note: While neighbors may provide feedback, their acknowledgment does not constitute approval or veto power over ARC decisions. If you are unable to reach your neighbor the Architect Committee will send a letter advising them of the petition to modify the setbacks and give them an opportunity to comment.
Conclusion
The purpose of Section 3.203 is to provide flexibility while preserving the original aesthetic vision of the CCRs. The committee’s role is to evaluate each request carefully, weighing its visual impact, the uniqueness of the property, and the overall harmony of the neighborhood. If a modification maintains the neighborhood’s cohesion while addressing specific challenges of a lot, it is within the committee’s discretion to approve it.
Appeals Process.
2.216. Decisions by The Architect and The Architectural Committee may be appealed to the Board of Directors of The Association. Decisions by the Board of Directors of The Association will be final and will be in writing.