04 - Staff Report - Conditional Use Permit Wilderness Resort Villas

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writing by the Architectural Control Committee as to the external design and location in relation to the surrounding structures or topography. (d) In the event the Architectural Control Committee fails to approve or disapprove such design and location within twenty(20) days after said plans and specifications have been submitted to it, approval will not be required and this paragraph shall be deemed to have been fully complied with. Submission of such plans and specifications to any Member of the Architectural Control Committee shall be deemed submission to the Architectural Control Committee. Failure of the Architectural Control Committee to give the notice required in subparagraph (b), Section I, Article VIII, hereof shall waive the requirements of this paragraph for any Lot Owner who was not given such notice (or who did not have actual knowledge of the name and address of any Architectural Control Committee Member), and until such notice is given, any improvements placed, planted or constructed prior to such notice being given shall be deem approved. (e) The Architectural Control Committee may disa*'uve plans and specifications only for one or more of the following reasons: (i) Non-compliance with this Declam on, (ii) Failure of a Unit to be of the"same quality of construction and minimum livable floor area as the Units built or being built in the Subdivision; (iii) Failure of a Unit or Lrove� to placed and oriented on its Lot in a manner compatible to thr 7 'iu =br to be built upon adjoining Lots and in a manner cote with 'terrain of the Lot; (iv) Failure da fence,-fit,,,other]AVrovement to be compatible with Improvements on adjoining Lasts, and �Wft the character of the Subdivision as a whole, in " of height,Jocation, design, materials and/or obstruction of views; and (v) Failure of thi plans and specifications to show all information necessary for the foregoing characteristics. The Committee's dtions concerning the plans and specifications shall be conclusive. If the Committee disapproves the builder or the plans and specifications, it shall state in writing the reason for such disapproval and, in the case of the plans and specifications, the deficiencies which must be cured to obtain approval. (f) If construction or alteration of a Unit or an Improvement is commenced without approval of the builder and approval of the plans and specifications, or if the construction or alteration of an Improvement is completed not in accordance with approved plans and specifications, the Committee, or the Owner of any Lot in the Subdivision, may bring an action to enjoin further construction and to compel the Owner to conform the Unit or Improvement to the plans and specifications approved by the Committee, provided that such action shall be commenced and a Notice of Lis Pendens shall be filed no later than one (1) year after the date on which Unit or Improvement has been completed. In the event of any such action or proceeding, the prevailing party shall be entitled to its costs and expenses(including reasonable attorneys' fees) incurred in connection with such action or proceeding. 18