Subdivision covenants in the borough

To the editor:

We are longtime residents of a residential subdivision off the Palmer-Wasilla Highway established in 1968.

The subdivision has covenants/deed restrictions that read “homes or trailer homes shall be limited to a single unit per lot. Lots shall be considered to be residential only.” We the residents have always interpreted that as meaning “single family residential housing construction” and were led to believe this when we purchased our home in this subdivision.

Recently a vacant lot in our subdivision was prepared for construction of what we thought was to be a “single family home,” turns out to be a multi-family complex, i.e. a 4-plex.

The contractor of the 4-plex under construction interpreted our covenants in a different way — stating that – “one box” means one unit. We, the residents, don’t agree. That could expand to one building (one box) containing eight units, etc.

In all the prior years of the existence of the subdivision no prior attempt has been made to reinterpret these deed restrictions or construct multi-family housing in our subdivision that we are aware of.

We feel that the construction of multi-family housing in the middle of our small subdivision is in violation of our deed restrictions. It also increases noise, traffic, well water use, etc.

A local realtor told us that this issue “is a common problem in the Mat-Su Borough.” This is what can happen if there is no zoning. If one protests, the answer is “so sue me.”

The population of the valley has increased dramatically since we moved out here in 1979, and it is time for some comprehensive zoning, it is overdue. If this can happen to us, it can happen to you.

People take note, or else other’s interpretation of your “dream acre” use or deed restrictions could be crammed down your throat and the peace and quiet of an enjoyable lifestyle is gone.

The Mat-Su Borough does not enforce covenants/deed restrictions and considers them to be private contracts between private parties, leaving residents to take matters into their own hands if they feel their rights have been violated and it becomes a civil matter. Construction permits by contractors are not required we believe.

People from Anchorage who want to buy their Valley “dream acre” please take note. If you had a similar experience please let us know. We would welcome some feedback.

Karin Acuna

Palmer