Below is the most current memorandum of understanding regarding the Board of Directors policies on view lines, view easements and the responsibilities of the Architectural Control Committee (ACC)

Southview Homeowner's Association

Post Office Box 1508

Florence, OR 97439

M E M O R A N D U M

To:                   All Interested Parties

From:              Southview Board of Directors

Subject:            View Lines, View Easements, ACC Responsibilities, and Owner Responsibilities

Date:               Original - September 9, 1998

Amended by Board action November 11, 1998

Amended by Board action July 7, 1999

Amended by Board action September 15, 1999

Amended by Board action September 10, 2003

Amended by Board action December 15, 2007

As construction of new homes commenced at the rate of one or more each year, the Board of Directors felt it necessary to firm up its position on view lines and view easements for those lots which remain vacant at this time.  This memo will lay out the history of how home locations were determined in the past, why it is important to make more specific determinations for the future, and how those determinations will have been made for the good of all concerned.

History

When the Southview PUD was first opened up for lot sales, a design review committee was set up by the developer for the purpose of determining where homes should be placed on the lots, and what the general exterior layout and colors were to be.  The intent of this committee was to ensure that each homeowner was provided with a reasonable ocean view to the west and south, while at the same time not allowing construction that would adversely affect their neighbors views.  In addition, the exterior amenities of the structure, the colors and general style, were also examined, again to ensure that similar styles of homes were built.  With this mandate, committee members would see that all homes blended with each other, and each home commanded a reasonable ocean view to the west and south.

However, the first few home plans were reviewed only with their 'look' in mind, and less time (if any) was spent determining where on the lot that home should be placed to protect future home builders.

Our first homes were smaller in size, and were generally built on lots which were separated from other existing homes by one or more vacant lots.  The CC&R's still talk about a minimum square footage being required, originally anticipating that people would chose to build only summer homes here instead of year-round dwellings.  That has not been the case, and all the homes here now are fully functional, year-round dwellings, some as large as 6,000 square feet or more.

At the time of the first constructions, nothing of course was known about future construction, and little need was seen to 'protect' future residents from their neighbors.  After all, nearest neighbors were one or more lots away, and their homes did not encroach on anyone else's views.  Little time was spent making certain that each new request for a home was viewed as to how they might affect their immediate neighbors, because those neighbors didn't exist yet.  However, it has become increasingly important that future homes be scrutinized more carefully than those in the past.  The placement of a structure on a lot now can have a major, negative impact on an existing neighbor, so such placement must be determined with greater accuracy than seemed necessary in the past.

As of the date of this amended memorandum (12/15/07), there are twenty-four (24) homes built in Southview.  They are found on lots 1, 2, 3, 4-5, 6, 7, 8, 9, 12, 14, 16, 17, 18, 19, 20, 21, 22, 23-25, 26-27, 28, 29, 30, 32 and 33.

What's Being Done?

As our neighborhood continued to 'fill in', the Board felt it is necessary to provide additional direction to the current members of what is now called the Architectural Review Committee, herein referred to as the ACC.  At its meeting on July 22, 1998, the Board asked the members of the ACC to do a study of where all existing homes were located on their respective lots, and with that information, devise a plan to protect the views of future homeowners as well as current ones.

During August of 1998, members of the ACC met several times.  Measurements of existing homes were taken, and that information was placed on a map of the subdivision.  From that point, it was easy to see what needed to be completed to ensure future homeowners were protected.  General 'maximum west' distances were determined for each remaining vacant lot between lots eight (8) and twenty two (22).  These lines will be used by this and future ACC members as guidelines for future construction on the remaining vacant lots and, although none of these distances is hard and fast, each was placed on the lot only after a great deal of thought (see Rationale below).  Allowing additional distance to the west for any of these determinations should be done only after compelling evidence is shown for the need.

Rationale

The reason the Board undertook this effort, in fact the one criteria from the beginning, was view protection.

The ACC's desire was to hopefully draw a straight line across lots 8-11 and lots 12-18 inclusive, and arrive at an equitable solution such that any new construction on presently vacant lots, or any renovation or additions to or reconstruction of existing construction on any lots, will be entirely behind these 'view lines'.  Our goal, and the purpose of the work, was to provide reasonable ocean views for future residents while preserving the views of current residents as well, with the overriding principle being fairness for all concerned.

It was agreed that the most reasonable ocean views are from the northernmost point of the westernmost point of any home on the lot in question.  This is due to the actual layout of the subdivision and the views to the west and south.

Lots 9 through 11

After conducting a more detailed evaluation of how the previously accepted view line for these lots was arrived at, it was shown to decrease the buildable area of these lots as one moved north, an unacceptable event.  A new rationale was developed, allowing these three lots to very gradually arc their homes toward our ocean view to the south.  Making this change had no measurable effect on existing homes or future homes to the north, while allowing their owners more flexibility for home placement.

From its southeast property pin, and along the common property line between Lot #8 and Lot #9, #9 will have a view line starting at a point ninety feet (90’) toward the west and ending at a point along the common property line between Lot #9 and Lot #10, one-hundred feet (100’) from its northeast property pin.

Lot #10 will draw a line from that point, north to a point on the common property line between it and Lot #11, to a point one-hundred and ten feet (110’) from the northeast property pin of Lot #10 (and the common property line between Lot #10 and Lot #11).

On the north property line of Lot #11, a point one-hundred and twenty feet (120’) from its northeast property pin will determine the north end of Lot #11’s view line.

The resulting line will represent the lines on the individual lots 9, 10 and 11 beyond which no concrete foundation will be allowed to be.

NOTE: It should be understood that even with this expansion of buildable area for these three lots, the homes primary leech field (and as much of the secondary field as possible) must lie wholly within the lot lines.  No approvals will be given for any portion of a primary leech field to be located outside the lot lines.

Lots 12 through 16

The northernmost point of the westernmost point on the structures located on lots #14 and #17 was determined.  A straight line was drawn from one point to the other, and extended to the overlook on the south side of lot #12.  This line was roughly parallel to Southview Lane, which is slightly curved here.  The actual, exact distance should be determined by direct measurement as described, rather than using a 'constant' distance from Southview Lane that is, in actuality, not constant.

From the point on the north property line of each lot where that line crossed, a line perpendicular to that north property line was drawn, from the north to the south.  That new line on each lot will represent the lines on the individual lots 12, 13 and 15, beyond which no concrete foundation will be allowed to be.

The effect of this is to 'line up' the westernmost points of the buildable areas of the lots.  This gives everyone the same angular view to the south coast,  which can be shown mathematically under reasonable assumptions about the parcels.  Common sense also suggest that if everyone's best views are lined up, then no one has a relative advantage or disadvantage over their neighbors.

Lots 19 and 21

The same rationale as stated above was used to determine where the 'view line' was located on these two lots.

Other Lots Not Currently Built On (31)

It was not necessary to locate a 'view line' on this lot.  Any concerns for a future structure on this lot will be based on the proposed height of the structures.

Distances

The distances shown on the view line maps represent the distances from the maximum west foundation to the east property lines, not the distance to the curb on the street in front of the lot.

Decks

Decks or other protrusions west or south of the foundation lines shall not extend more than ten feet (10') from that foundation line.  This distance is understood to mean decks and other protrusions to the west and south of the structure, at the main level (street level) of the structure.  Decks on higher levels of any home may be restricted to less than this ten foot (10') distance after determination of an adverse impact on neighbors by the ACC.  When decks on the west or south sides of any structure are at low levels relative to adjacent homes, they may extend further than the ten feet (10') mentioned above, but only with ACC approval.

Heights

All future homes in Southview will be limited to no more than two (2) stories above grade at the street.  However, where desired by the homeowner, walk-out basements will be allowed.

Positioning

For continuity and aesthetic reasons, all future homes will be encouraged to be as close to Southview Lane as allowed by current Lane County Building codes.  There may, however, be an exception to this policy for lot 31, which slopes away toward the south.

Fire Protection

If any new fire hydrants are required by the Siuslaw Valley Fire Department, their installation will be the responsibility of the Southview Homeowner’s Association.