Someone once asked why they should belong to the WHCA? What did the organization do for them? I’ve been thinking about this for a long time. I care deeply about the neighborhood. Very clearly, the rest of the board feels the same way. Otherwise, why commit so much of our time to its upkeep?
Some of what WHCA does is very well known. We host special events, such as the bi-annual Home Tour, Lights in the Heights, and an annual July 4th kids event, which is coming up in July. The Constable Patrol is an obvious benefit to the neighborhood. However, much of what the WHCA does is not readily apparent. Today, I’d like to shed some light on something we do that benefits you but isn’t as visible.
Land Use & Deed Restrictions
WHCA provides oversight of the terms of “land use” in the neighborhood. This actually takes a considerable effort. Julie Moore is just now taking up the seat on the board dedicated to this task. She’s the new Director of Deed Restrictions. Even that title doesn’t really shed much insight into what’s involved.
There are various factors that impact land use, including deed restrictions, historic districts, and special minimum lot size restrictions. All are efforts made to protect the character of the neighborhood. A specific action may pertain to one property but is taken in the interest of the neighborhood as a whole.
The term “deed restriction” is a simplification. A single property may be subject to restrictions put in place by a prior owner. More typically, they are subject to terms crafted by a group of neighbors, applicable to a specific portion of the neighborhood.
Woodland Heights is actually the amalgamation of 50+ smaller neighborhoods. Some have deed restrictions. Others do not. The details are available on the land use page of our website. Since rejoining the board in 2024, I’ve been personally involved in several related actions. A couple of these are useful in highlighting how such matters go.
Deed Restrictions and Historic Districts
People generally bristle at the very notion of 'deed restrictions' or anything that might impact their ability to do as they please with their property. Why should we put up with such constraints in the land of the free? At the very same time, no one wants a liquor store, massage parlor, or vape shop as their newest neighbor.
WHCA has a role in making sure that where neighbors go to the effort of putting in place rules, they are both known and followed. This is one way that WHCA acts, in an often unseen manner, in the best interest of the neighborhood.
Not everything in this sphere is stopping people from doing things. Sometimes, we get to provide clarification that makes things possible. A couple of recent land use requests WHCA has reviewed and provided opinions to the COH Planning Commission on are as follows.
No Funny Business
In the summer of 2024, the WHCA was approached by someone seeking to operate a business from their home along Bayland Avenue in the Norhill Addition. Without getting into too much detail, the business they intended to start required a license from a federal agency. That agency contacted WHCA to verify the business would be allowed at that address.
The Norhill Addition deed restrictions clearly designate properties in the area that are for residential use only. The Director of Deed Restrictions advised the agency that running a business was expressly prohibited at that address. As such, the permit was not issued. The business did not come to pass, at least not operating from that address.
It’s worth noting that WHCA had no part in crafting the deed restrictions or their adoption. That was previous undertaken by neighbors who generated enough Norhill Addition support to establish deed restrictions for their area and file those restrictions with the state. WHCA has only an oversight role of ensuring those deed restrictions are upheld after the fact.
Historic District Example
The Woodland Heights Historic District was created in 2011. It protects a designated area comprised of homes built by the William A. Wilson Company between 1907 and 1935.
These are homes original to the founding of the neighborhood (our home is one of those homes.) In November 2024, the WHCA supported a neighborhood family in their effort to get a property on Morrison Street reclassified with respect to the historic district. The property in question was built well after 1935. Its manner of construction and the materials used were not consistent with the homes that rightly have historic district protections. Homes built after 1935 are not considered "contributing" to the historic district, so they are not subject to historic district protections.
Furthermore, the surrounding neighbors were unanimous in their support for reclassifying the home as "non-contributing." That would allow it to be taken down (or moved) and a new home built on the property. After review, and because the home was built outside the historic district's specified time frame, the WHCA issued a letter in support of the homeowner's petition to the Historical Commission. I appeared at a public session to give voice to that letter.
In this case, the homeowner prevailed. We're told they will eventually build a new home on the property. The new home is expected to be much more aligned with the character of the original Wilson homes that are its neighbors.
Exceptions Possible?
Someone asked if the WHCA board might consider making an exception for a particular idea. My impression is that we cannot. After neighbors go to the effort to see these terms agreed upon and enacted, who are we to set them aside? This is beyond the WHCA's authority and would be disrespectful to the neighbors who crafted their deed restrictions. WHCA’s obligation is to ensure they are upheld and defended when necessary.