16.01 GENERAL - Wherever a variance is permitted elsewhere in these codified rules they shall be subject to the following provisions: 

(A) Application - All such variance requests shall be made by filing an application for the same on a form which is promulgated from time to time by the Association. The application may require surveying, engineering and other necessary information which shall be supplied by, and at the expense of, the applicant. 

(B) Filing fee - A filing fee which shall be set from time to time by the Association shall accompany the application. The fee shall be set to cover the actual costs and expenses to be incurred by the Association in the processing of the application. 

(C) Notice - Notice of the application and the time and place of the hearing of the same by the Association shall be given by first class mail, postage prepaid, to all owners of lots that abut and adjoin the lot in question. A proposed form of notice is attached to this Chapter as Exhibit A. 

(D) Time for hearing - The Association shall hear the variance request at the next regularly scheduled Board meeting only if the application, and all necessary information, is filed at least fifteen (15) working days prior to that meeting. If the application is not timely filed, then the hearing may be held over until the next regularly scheduled Board meeting or the Association may hold the hearing if justice will be served. The Association reserves the right, but shall not have the obligation, to hear any variance request at a special Board meeting. 

(E) Hearing - At the variance hearing, all parties in attendance shall have a full opportunity to present facts, evidence and testimony. This shall be subject to Board decisions concerning such matters as time, relevance and repetition. 

(F) Decision - The Association shall have fifteen (15) days after the close of the hearing to render its decision. The Board shall decide when the hearing is closed. This time period may be extended with the approval of the applicant. 

(G) Prohibition - Under no circumstances can or will the Association grant variances from direct prohibitions contained in the Wekiva Declarations. 

16.02 GENERAL VARIANCE STANDARDS - A variance will not be granted unless and until it is shown to the satisfaction of the Board that: 

1. Special conditions and circumstances exist which are peculiar to the land, involved which are not applicable to other lands in Wekiva. 

2. The special conditions and circumstances do not result from the actions of the applicant. 

3. Approval of the variance requested will not confer on the applicant any special privilege that is denied by the Declaration of Covenants or this Code to other lands.

4. Literal interpretation of the provisions contained in the Declaration or this Code would deprive the applicant of rights commonly enjoyed by other properties in Wekiva and would work unnecessary and undue hardship on the applicant. 

5. The variance approved is the minimum variance that will make possible the request. 

6. Approval of the variance will be in harmony with the general intent and purpose of the Declaration and this Code and such variance will not be injurious to the neighborhood or otherwise detrimental to the public welfare. 

7. In addition to the above there may be specific variance standards for each request. These specific standards, if any, will be found in Rule 16.04. 

16.03 VARIANCE CONDITIONS - In granting any variance, the Association may prescribe appropriate conditions and safeguards. The violation of such conditions and safeguards shall be deemed a violation of the Wekiva Declarations and shall subject the applicant to the penalties provided for therein. At a minimum, each variance shall carry with it a condition that all record owners of the subject lot will execute an agreement in recordable form which will contain provisions such as the following: 

(A) That, in addition to the covenants, all construction is subject to governmental restrictions. 

(B) That, at such time as it may be determined that the variance violates any provision contained in the Declaration, the owner shall remove the improvement at the owner's sole expense. 

(C) That, the owner shall hold the Association harmless against any loss, injury or damage which might occur to the owner to any third party as a result of the granting of the variance. 

(D) That, it is understood that the Association may not be the final legal authority as it relates to the variance therefore, the owner will hold the Association harmless from any loss or damage that may arises from the granting of the variance. 

An example of such an agreement is attached hereto as Exhibit "B". 

16.04 SPECIFIC STANDARDS - In addition to the general standards outlined in Section 16.02 above, the Board shall review the following specific standards for the following matters. These standards are for example only and other factors may be used by the Board in making its decisions. 

(A) Fences In Easements (See Chapter 5) 

1. Will the fence: 

a. damage or interfere with the installation and maintenance of utilities, or

b. interfere with the construction or use of utilities in said easement, or 

c. obstruct or retard the flow of water through drainage channels in the easements, or

d. interfere with the construction or use of sidewalks/bikepaths or associated facilities. 

2. What is the distance from the proposed fence to the edge of the existing sidewalk/bike path. 

3. What is the distance from the proposed fence to any existing fence located across the easement. 

4. What is the effect of the proposed fence on major landscaping areas. 

5. What is the effect of the proposed fence on existing trees. 

6. Where is the fence located in relation to abutting or surrounding fences or improvements. 

7. In the case of replacement fences, what is the location of the fence or improvement which is being replaced. 

(B) Fences In Front Yards (See Chapter 6) 

1. Will the fence: 

a. interfere with the sight lines for traffic safety, or 

b. unreasonably block the views that presently exist for surrounding houses, or 

c. create drainage problems for surrounding properties. 

(C) Pools, Pool Deck Material and Pool Enclosures In Easement (See Chapter 5) 

1. Will the pool, pool deck material or pool enclosure (hereinafter "pool structure"): 

a. damage or interfere with the installation and maintenance of utilities, or 

b. interfere with the construction or use of utilities in said easement, or 

c. obstruct or retard the flow of water through drainage channels in the easements, or  

d. interfere with the construction or use of sidewalks/bikepaths or associated facilities.

2. What is the distance from the proposed pool structure to the edge of the existing sidewalk/bike path. 

3. What is the distance from the proposed pool structure to any existing fence located across the easement. 

4. What is the effect of the proposed pool structure on major landscaping areas. 

5. What is the effect of the proposed pool structure on existing trees. 

6. Where is the proposed pool structure to be located in relation to abutting or surrounding fences or improvements. 

7. In the case of replacement pool structures, what is the location of the pool structure which is being replaced. 

(D) Utility Sheds, Slabs, Pads in Easement (See Chapter 5) 

1. Will the Utility Shed, Slab or Pads (hereinafter "Improvement"): 

a. damage or interfere with the installation and maintenance of utilities, or 

b. interfere with the construction or use of utilities in said easement, or 

c. obstruct or retard the flow of water through drainage channels in the easements, or  

d. interfere with the construction or use of sidewalks/bikepaths or associated facilities. 

2. What is the distance from the proposed Improvement to the edge of the existing sidewalk/bike path. 

3. What is the distance from the proposed Improvement to any existing fence located across the easement. 

4. What is the effect of the proposed Improvement on major landscaping areas. 

5. What is the effect of the proposed Improvement on existing trees. 

6. Where is the Improvement to be located in relation to abutting or surrounding fences or improvements. 

7. In the case of replacement Improvements, what is the location of the Improvement which is being replaced.   

10/12/92
11/09/92
12/13/96  

EXHIBIT “A”

WEKIVA HUNT CLUB COMMUNITY ASSOCIATION, INC.

NOTICE OF VARIANCE HEARING 

PLEASE TAKE NOTICE, that on _________________, the _____ day of ______________, 20____, at the hour of 7:30 p.m., or as soon thereafter as the matter can be heard, the Board of Directors of the Wekiva Hunt Club Community Association, Inc. will hold a hearing on the request submitted by the below listed applicant. This request is for variance from the terms of the Wekiva restrictions as described on the attached form. The subject hearing will be held in the Wekiva Hunt Club Community Association Community Center which is located at 3865 Wekiva Springs Road in the Shoppes of Sweetwater shopping center. You are invited to attend and participate in the hearing. If you have any questions concerning the matter, please contact Linda Marcello, Manager at (407) 774-6111.

__________________________________________

Applicant’s Name

__________________________________________

Address

   __________________________________________

___________________________________

Property Manager

EXHIBIT “B”  

VARIANCE CONDITIONS

WHEREAS, the undersigned owner (Owners) are the owners of that certain parcel of real property identified as follows, which property is located in the Wekiva Hunt Club Community, and  

WHEREAS, the Owners wish to construct an improvement in an easement that is located on the above described property, which construction can only occur if the Board of Directors of the Wekiva Hunt Club Community Association, Inc. (Association) approves a variance to permit the same, and  

WHEREAS, on _____________, 20___, the Association did approve that variance which is described on attached Exhibit A, and  

WHEREAS, as a condition of the granting of such variance, it was required that the Owners agree to the following,  

NOW, THEREFORE, in consideration of the granting of the variance which is described on attached Exhibit A, the Owners hereby understand and agree as follows:  

1. It is understood that, in addition to the approval granted by the Association, all construction in the easement area is subject to governmental restrictions and approvals, including, but not limited to zoning approvals and building permits.  

2. It is agreed that if it is ever determined by a court of competent jurisdiction that the variance violates any provisions contained in the recorded Declaration that applies to the above described property, the Owners shall remove the improvement at the Owners’ sole expense.  

3. The Owners shall hold the Association harmless against any loss, injury or damage which might occur to any third party as a result of the granting of the variance.  

4. It is understood that the Association has not contacted any other holder of easement rights in and to the subject easement area nor will it do so and it is further understood that the Association is not the final legal authority as to whether the anticipated construction in the easement area will interfere with the use of the easement by other permitted users thereof. Therefore, the Owners shall hold the Association harmless against any loss, injury or damage which might occur to any such other easement users as a result of the granting of the variance.  

5. By granting this approval, the Association in no way approves the abandonment or vacation of the subject easement or any portion thereof.  

IN WITNESS WHEREOF, the undersigned Owners have caused this instrument to be executed this ______ day of ________________, 20__.

  WITNESSES:

_____________________________ _________________________________________

Print Name: Owner

Print Name: _____________________________

Address: _____________________________

_____________________________

_____________________________ _________________________________________

Print Name: Owner

Print Name: _____________________________

Address: _____________________________

_____________________________

STATE OF FLORIDA

COUNTY OF ___________________

The foregoing instrument was acknowledged before me this _____ day of ____________, 20___, by ___________________________ and ____________________________________ who is/are personally known to me or who has produced ________________________________ _______________________________________________ (type of identification) as identification.

___________________________________  

Notary Public

Print Name:__________________________

Commission No.:______________________

My Commission Expires: