LPOA Leadership is dead wrong that the LPOA has no enforcement power to enforce our restrictions. LPOA is the ONLY entity that can do so, insofar as our restrictions are more strict than the Comprehensive Zoning Ordinance.(CZA). The BZA will not file suit for us, and can only enforce the CZA. I would like to review any legal opinion that states otherwise. Immediately, before next weeks BZA Meeting.
My objection letter to the BZA is below. I am still waiting on a copy of Ms Duhe's objection letter, which is apparently personal only, and not on behalf of the LPOA. Who is going to write the objection letter for the LPOA?
William Just
To the BZA staff:
As a 35 year resident of East Lakeshore, and past LPOA board member, we wish to join in opposition to the referenced zoning appeal.
It is obvious that this addition was intended as living space, not storage. I note from the plans submitted that there are 9 recessed ceiling lights; a 3'11" new stairway vs a pull-down stair in the garage; the inclusion of an attic above the addition, and specification for an "attic fan"; specification for an electrical disconnect for dishwasher and air conditioner to be provided by the electrical contractor; double doors to a new 3' balcony with outside lighting; requirement for submission of plans to a structural engineer for review and opinion as to sufficiency of existing structure to support the additional weight, and no structural report has been submitted; estimated cost of $30,000 for "storage"; among other markers.
My view is that this was intended as a playroom, an office, or an in-law apartment/suite. While the plans say that no plumbing or HVAC is included, it is an easy DIY project to install one of the new split-unit heat exchange units with a 110 volt wall plug. I do not see plumbing/sewerage lines depicted on the plans, but assume they can be connected to the existing supply lines inside the fenced rear yard/side yard areas.
I also note that this project, without submission for a building permit, could have been completed without any inspections by the Safety and Permits Dept., including electrical work., and structural work (as noted by rear yard neighbor, Steven Adjmi).
The LPOA has, for many years, strived to prevent variances to our recorded Restrictions, and variances from the Comprehensive Zoning Ordinance, primarily on the basis that variances allowed to some create waivers of the Restrictions and the CZA to all, thus opening the door to claims that some variances were allowed by the LPOA, and claims that there is discriminatory intent in the enforcement of those restrictive covenants and CZA requirements against others at a later date. That is an impossible position for an Owner's Association, especially with limited financial resources.
While I do not relish the loss of applicants' funds expended, "storage" could have been added by removing the flat roof, raising the wall height by 2', and installing the same roof as has been built, with flooring on a portion of the rafters, with access to the new "attic" via a pull-down stair. Storage was not the intent of this project.
Contact me any time. williamajust@gmail.com, 504 710 7477.
William A. Just, Marie A. Moore
7411 Canal Blvd.
New Orleans, LA 70124-2603
504-710-7477 Mobile
