L. B Smith hearing before POA board

L. B. Smith has received several warning letters from the architectural control committee since a complaint was lodged against his illegally build wharf and boat dock early last year. He was asked to remove the wharf. The wharf is a second structure on his lakeside property and was never permitted.
A hearing to determine if the Smith’s should be stripped of their privileges was held at the last POA board meeting. Board attorney Don Schnipper presided.
Smith admitted he did not have a permit for his boat dock or his wharf when he built them. They are two separate structures, not permitted under Village policy. The boat dock and the wharf are located so as not to impede any views from the Smith house.
Smith’s actions were a two-fold infraction, no permits and a structure that is against Village policy. Since the illegal structures were discovered in early 2009, Smith made several appearances before the ACC. He said he was sorry but his actions have always indicated that may not be the case.
The ACC allowed Smith to keep the boat dock and granted him a variance. Originally, Smith had applied to the ACC for a variance to build a boat dock in 2000. After much deliberation, the ACC voted to allow the variance that had been granted nearly ten year before and had expired in 2001. Smith was charged double the permit fee for building without a permit. He was told early on in the process the wharf had to go unless he moved the wharf adjacent to the boat dock and the two were connected.
Smith has repeatedly ignored the request of the ACC to either remove or move the wharf.
The Smith family was stripped of their Village privileges for one month. The matter will have to be brought before the POA board each month to continue to block the Smith’s privileges until the structure is removed. No legal action will be taken at this time but that is still a possibility if Smith refuses to abide by Village policy.
Some of the POA board members would like for the ACC to reconsider its policies. It is unlikely that will happen. The location of the wharf is not out of hardship but out of a desire not to block a view.