Fellow attorneys,
I am seeking information on the following issue:
1.  Homeowner owns property in subdivision within city limits, which has restrictive covenants in the plat.
Restrictive covenants in some areas are MORE restrictive than municipal ordinances.
Homeowner comes in front of City seeking variation for building an outbuilding behind his house.
Does Planning and Zoning have to consider whether or not he meets the requirements of the restrictive covenants in the plat for his subdivision, or does Planning and Zoning committee only consider municipal ordinances in considering the request for variation?
Thanks for your input.
Kay Wall

City can only consider the ordinances,  other owners in the subdivision can enforce the plat restrictions.

Robert C. Thompson
Cheek & Falcone, PLLC
6301 Waterford Blvd., Suite 320
Oklahoma City,  Okla.  73118
direct telephone:405-286-9560
direct fax: 405-286-9680
Firm telephone: 405-286-9191
rthompson@cheekfalcone.commailto:rthompson@cheekfalcone.com

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From: Oama oama-bounces@lists.imla.org On Behalf Of Kay Robbins Wall
Sent: Tuesday, July 21, 2020 3:35 PM
To: OAMA Luistserv oama@lists.imla.org
Subject: [Oama] planning and zoning conflicts with subdivision restrictive covenants

Fellow attorneys,

I am seeking information on the following issue:

1. Homeowner owns property in subdivision within city limits, which has restrictive covenants in the plat.

Restrictive covenants in some areas are MORE restrictive than municipal ordinances.

Homeowner comes in front of City seeking variation for building an outbuilding behind his house.

Does Planning and Zoning have to consider whether or not he meets the requirements of the restrictive covenants in the plat for his subdivision, or does Planning and Zoning committee only consider municipal ordinances in considering the request for variation?

Thanks for your input.

Kay Wall

Kay,

Does the language of the restrictive covenant at issue appear on the face of the final plat approved by the City, or is the specific language included in a master development plan implemented as part of a PUD?  Or is the only place the language of the restrictive covenant appear within a document created by the developer and filed with the land records?

Jonathan E. Miller
City Attorney
City of Mustang
1885 Piedmont Road N., Suite B
P.O. Box 546
Piedmont, Oklahoma  73078
Telephone: (405) 883-6266
Facsimile: (405) 883-6155

From: Oama oama-bounces@lists.imla.org On Behalf Of Kay Robbins Wall
Sent: Tuesday, July 21, 2020 3:35 PM
To: OAMA Luistserv oama@lists.imla.org
Subject: [Oama] planning and zoning conflicts with subdivision restrictive covenants

Fellow attorneys,

I am seeking information on the following issue:

1. Homeowner owns property in subdivision within city limits, which has restrictive covenants in the plat.

Restrictive covenants in some areas are MORE restrictive than municipal ordinances.

Homeowner comes in front of City seeking variation for building an outbuilding behind his house.

Does Planning and Zoning have to consider whether or not he meets the requirements of the restrictive covenants in the plat for his subdivision, or does Planning and Zoning committee only consider municipal ordinances in considering the request for variation?

Thanks for your input.

Kay Wall