Petition to Enforce Building Code Compliance in Belford Sub-division, Huntington, WV
PETITION TO ENFORCE BUILDING CODE COMPLIANCE IN BELFORD SUB-DIVISION, HUNTINGTON, WV We, the undersigned, find the home under construction on Lot “H,” in Block Number 49, of the Belford Sub-division, a map of which was filed in the Office of the Clerk of Cabell County West Virginia , November 2, 1915 and recorded in Deed Book No. 142, at page 107, to be non-compliant with the deed restrictions and covenants for Belford Sub-division “That all covenants herein shall run with the land, and that purchaser of any lot or lots before or after this conveyance, their grantees and assigns, shall be entitled to enforce as against each and every of the purchasers of the others of said adjoining lots, including this grantee and all subsequent grantees or assigns, the covenants herein contained.” Specifically, 1) “That there shall be left open space or court yard of not less than forty feet in depth in front of any building to be erected on said premises, which space shall extend the entire width of said premises and shall be exclusive of the porches attached to said building.” The home under construction does not meet the forty-feet open space requirements in that a double-car driveway spans the front of the property. 2) “That there shall be no more than one dwelling, and that a single dwelling erected on said premises and such dwelling shall front on the avenue.” The home under construction has a double-car garage fronting the property with the dwelling located behind the garage. All other homes fronting 9th Avenue have detached garages at the rear of the properties. Permitting a property to be fronted by a garage will set a precedent for other home owners to build garages, carports and other structures fronting the property and will destroy the historic integrity of Belford Sub-Division.