A quorum of the SIA ARC, consisting of Lil Fox, Steve Melchiori and John Lehnhardt, met on March 19, 2019 to formulate a recommendation to the SIA Board for resolving the lack of complince by 1841 E. Shell Lane to the SIA ARC exterior wood appearance requirement as agreed to in a court approved Mediated Settlement of June 1, 2011.
Background
Under the mediated settlement agreement of 2011 between SIA and the house owner, Mr. Graff and the approved permitted house plan, the entire house at 1841 E. Shell Lane was to be sided with Hardie-board. Upon completion of the house in 2016, none of the exterior was hardie-board sided nor did it have any wood-like appearance. Mr. Graff passed away in 2018 prior to resolution of the exterior siding issue. Mrs. Graff, who inherited the house but had never visited it, was aware of the issue of the exterior appearance and settlement agreement and contacted the SIA board to work out how to settle the issue so she could sell the house without encomberances.
The SIA Board asked the ARC to review the original plans and come up with recommendations as to the best way to meet the wood-like appearance requirement consistant with current SIA ARC standards.
Discussion
Prior to the hurricanes of 2004 it appears that the wood-like guideline was rather strictly enforced for the entire home. Houses build or remodeled after 2004, particularly two story houses, in the majority, have flat stucco or non-wood-like siding on the main floor and hardier-board or hardier-board like stucco on the second floor.
Of the five two story houses on E. Shell, all built or renovated after 2004, two are virtually all hardier-board finish, two are hardie-board upper story and stucco lower story, and 1841, the house in this recommendation, is all stucco. Additionally, the house at 1800 E. Shell has a portion of the upper floor that is curved and is stucco finished.
Photos taken by Lil Fox of the houses at 1800 E. Shell and 1821 E. Shell indicated the look of the houses from the street that represent the current interpretation of the wood-like exterior guideline. 1800 E. Shell appears to represent the minimum acceptable wood-like appearance for the street facing side of the house and was used as a guide for the final recommendation for 1841 siding coverage.
Other considerations discussed were as follows:
– the need to maintain the SIA Guidelines in this situation as it was part of a mediated settlement approved in a court of law and at significant cost to the association in legal fees (over $20,000)
– the idea that this issue was already decided by a previous ARC and was most appropriate to be handled by the SIA Board, not the ARC
– that the current owner had inherited this issue, had no part in causing it and should not have to suffer the cost of the renovation
– that the house appearance may not be enhanced by addition of the wood-like appearance
The ARC attendees at this meeting found merit in each of these opinions. They feel the solution options recommended below are an apt compromise which supports the Architectural guidelines, meets the legal needs of the situation and reduces the potential financial cost to the owner.
The ARC committee voted unanimously to recommend to the SIA Board of Directors the following siding proposal for 1841 E. Shell Lane.
Recommendation
Option 1 – reside the entire house as was approved in 2011 by the SIA ARC.
Option 2 – reside the entire street facing side of the house.
Option 3 – reside, at minimum, with hardie board wood-like appearing stucco the street facing second story of the house with the exception of the center two story bay window like structure with tall arched windows. Please see attached rendering
Graff front elevation Option 2 copy 2.
If Option 3 is chosen by the owner, which seems likely, the ARC recommends that the owner have the latitude to increase or adjust the siding coverage of the house to meet their own aesthetic needs, without having to come back to the ARC or SIA Board for approval, as long as the plan meets the minimum requirement of option 3.
John Lehnhardt
1991 W. Barefoot Pl.
Vero Beach, FL 32963