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Council signs covenants for Block housing development; sets size, garage and affordability limits
Summary
The council approved covenants, conditions and restrictions for a new Block housing development: twin-home lots reserved in Block 1, 925-square-foot minimum unit size, two-car enclosed garages required, a 12-month construction-start rule with developer buyback at a 25% discount, and enforcement of the SDHDA $410,000 first-time buyer cap.
The Beresford City Council authorized the covenants, conditions and restrictions (CC&Rs) for a new Block housing development and attached them to sale paperwork. Staff said the documents were based on previous developments and edited to address local TIF requirements and SDHDA affordability criteria.
Key provisions: the CC&Rs reserve Block 1 lots 1'14 for twin homes; require that construction start within 12 months of the start of construction or the developer (Bedco/VEDCO entity) may buy back the lot at a 25% discount; set minimum habitable area at 925 square feet per unit and require a fully enclosed two-car garage; require 4-foot sidewalks for new construction; place seasonal limits on visible storage of boats and campers (Oct. 31'Apr. 1) and preserve a 72-hour limit for street parking.
Affordability and state limits: staff said the covenants enforce the South Dakota Housing Development Authority first-time home buyer limit for the year: the city will not issue a building permit for a home in the development priced above $410,000 so the project remains eligible for SDHDA programs. Staff noted SDHDA limits are adjusted annually and that the city would update permits accordingly.
Homeowners association and enforcement: council debated optional HOA language; staff clarified the city and VEDCO will not form or manage an HOA but buyers/developers may choose an HOA privately. The CC&Rs will be recorded with the county and attached to purchase agreements and title documents so buyers receive notice.
Council action: after questions about twin-home maintenance responsibilities and the potential administrative burden of HOAs, the council moved and approved the CC&Rs as written. Staff will record the CC&Rs with the county and enforce relevant standards through planning and permit reviews.
The council emphasized the CC&Rs support TIF repayment expectations by requiring timely construction and use of covenants to maintain neighborhood standards.
