3. TYPE, SIZE, AND CONSTRUCTION:

Any structure erected, placed or altered on any lot in this subdivision must be approved in writing by the Building Control Committee, and, in the case of a requested variance a majority of the LVPOA Board of Directors and (where applicable) the County of Clinton prior to the commencement of construction or placement of structures. Such approval will be made upon submission of satisfactory plans, including a grid map showing location of structure on lot, which conforms with these property restrictions and the followng minimum standards:

A.   Any residence erected or placed upon any lot in this subdivsion shall have a ground floor area exclusive of basement, open porches or garages, not less than 1040 square feet (typically 26 feet by 40 feet) in the case of a one story building or not less than 1400 toal square feet in the case of a two story or other type of multi-storied structure. Garage space cannot be included in square foot computations of living quarters.

B.   Any reasonable proposal per lot for change, modification or addition to the within restrictions shall be considered upon request to the Lake Victoria Property Owners Association (LVPOA) Board of Directors. Upon unanimous approval of abbuting lot owners (e.g. sharing a common border, immediately adjacent to, and the two nearest across the street from said requesting lot), such modifications shall then be considered and acted upon in a timely fashion by the Building COntrol Committee and LVPOA Board of Directors. If so consented, the granted variance shall be recorded and when recorded shall be as binding as the original restrictions, as to that lot only. Building Control Committee and Board of Directors approval is not automatic pending abutting lot owners aproval, and may take other factors into account.

C.   All Construction materials shall be new. No building shall be moved into said subdivision. No trailer, mobile home, modular home, tent, basement, shack, unattached garage, barn, pole barn or other building shall be placed or constructed in the subdivision at any time for use as either a temporary or permanent residence or for any other purpose, except incident to the construction of a dwelling on the premises.

Unattached storage buildings (sheds) are allowed, providing they are no larger than 10 x 10, have construction consistent with the design and materials of the primary dwelling, are approved by the Building Control Committee and abutting lot owners.

No building shall be erected, placed, or altered on any residential lot until the building plans, specifications, and lot plan showing the location of such building has been approved in writing by the Building Control Committee and in the case of proposed variance, LVPOA Board of Directors as to the suitability of the building materials, conformity and harmony of exterior design with existing structures in the subdivision, and as to location of the building with respect to topography and finished ground elevations.

D.   Fences, wall, hedges, if any, shall be of open construction not more than five feet in height and shall not extend in front of the dwelling.

E.   All structures shall be completed on the exterior within six (6) months from start of construction including two (2) coats of paint or varnish or the necessary number of coats of an approved equivalent finish on any exterior wood surface. All structures must be completed and site graded, sodded or seeded, and reasonable landscaped within one (1) year from date of commencement of construction.

During the perid of construction the premises shall be kep and maintained in a sightly and orderly manner. If the construction does not have an underlying written construction mortgage, it shall be boned, based on current level of estimated square footage completion cost for a home of comarable design, as reflected by Realty or construction industry index.

F.   The Building Control Committee shall consider and recommend approval or disapproval of plans for all structures erected, placed or altered in this subdivision. The Committee may reject any plan because of too great a similarity to nearby exising structures. The Building Control Committee shall take into account: harmony of exterior design of the proposed structure with existing structures on the lot and in the subdivision; location of the proposed building with respect to topography and finished ground elevation whether applicant has obtained any necessary approval from county authorities; compliance with property restrictions and existence/sufficiency of any necessary construction bond. The Committee shall report its activities and recommendatins to the Board of Directors of LVPOA, which has final authority to approve or disapprove any request for a variance.

Precedent - Any approval granted as set forth above shall not set a precedent or constitute a waiver of the procedures and considerations set forth above as applicable to any other or future approval. Each proposal shall be judged, and approved or denied on its own merit, taking into account all factors indicated in these property restrictions.

5.   SETBACK - Any structure erected must meet set back and easement restrictions of Clinton County; as in effect 3/1/90; or later County setback requirements, whichever is most restrictive..

8.   Easements for the installation and maintenace of public utilities or drainage facilities are reserved along and within 8 feet of all lot lines and 10 feet on all rear lines in this subdivision. Such other easements are hereby reserved to enter upon improvements, pipes, poles, wires, etc., whether under or above ground. It is understood and agreed that it shall not be considered a violation of the provisions of the easement if wires or cables carried by such pole lines pass over some portion of said lots within the 8 feet strip, as long as such lines do not hinder the construction of building on any lots in the subdivision.

9.   Tanks for storage of fuel shall be located below ground if oil and meet State of Michigan and/or county/EPA rules and regulations, or within the confines of the living unit; and above ground in the case of LP fuel, with adequate shrubbery or fence to shield the tank from view.

15.   Any dwelling and garage on any lot in this subdivision which may in whole or in part be destroyed by fire, windstorm or for any other reason, must be rebuilt or all debris and the lot restored to sightly condition with resonable promptness, not to exceed one year.

This page represents a subset of only those restrictions that are applicable to Building Control.

Click on 1991 Current Deed Restrictions for a complete copy of the Deed Restrictions