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202002679 Construction or Modification shall not be deemed a waiver of the DRC's right to withhold approval of any similar Construction or Modification subsequently submitted for approval. The provisions of this Article 3 do not apply to, and approval of the DRC shall not be required for, any Construction or Modification or any other work made by or on behalf of the Declarant or a Designated Builder. The approval required of the DRC pursuant to this Section shall be in addition to, and not in lieu of, any approvals or permits that may be required under any federal, state, or local law, statute, ordinance, rule, or regulation. 3.3 Review of Plans. In reviewing plans and specifications for any Construction or Modification, the DRC may consider any and all factors that the DRC, in its sole and absolute discretion, determines to be relevant, including but not limited to: (a) the harmony of the proposed Improvements with existing Improvements in the Project or with Improvements previously approved by the DRC but not yet constructed; (b) the location of the proposed Improvements in relation to existing topography, finished grade elevations, roads, Common Area, and other structures; (c) the exterior design, finish materials, and color of the proposed Improvements; and (d) compliance of the proposed Improvements with this Declaration and the Design Guidelines. The DRC may disapprove plans and specifications for any Construction or Modification even though the plans and specifications may be in substantial compliance with this Declaration and the Design Guidelines if the DRC, in its sole and absolute discretion, determines that the proposed Construction or Modification, or some aspect or portion thereof, is undesirable or unattractive. Decisions of the DRC may be based on purely aesthetic considerations. Each Owner acknowledges that determinations as to such matters are purely subjective and opinions may vary as to the desirability and attractiveness of certain Improvements. Each Owner agrees that the decision of the DRC shall be final on all matters submitted to it pursuant to this Declaration. Any approval by the DRC of standard plans for use by a Designated Builder shall apply to all Lots on which such Designated Builder desires to use such plans, and shall not be subject to subsequent rescission or modification without the Designated Builder's consent. The DRC, by resolution, may exempt certain Construction or Modifications from the application and approval requirements of this Article 3, provided such Construction or Modifications are undertaken in strict compliance with the requirements of such resolution. Approval shall not be required to re -side the exterior of a structure in accordance with the originally -approved color scheme or to rebuild in accordance with originally -approved plans and specifications. Any Owner may remodel, paint, or redecorate the interior of a Residence without approval so long as such activity does not affect the exterior appearance of the Residence. 3.4 Variances. The DRC may grant variances from compliance with any provision of the Design Guidelines in circumstances where the design meets the intent of the provision sought to be varied and where granting of the variance would enhance design innovation and excellence, or when circumstances such as topography, natural obstructions, hardship, or aesthetic or environmental considerations so require, and where the DRC determines, in its sole discretion, that the objective of the particular requirement can still be achieved. No variance shall be effective unless in writing and signed by the authorized representative of the DRC. No variance may be contrary to this Declaration or prevent the DRC from denying a variance in other circumstances under which the DRC previously granted a variance. For purpose of this Section, the inability to obtain approval of any governmental agency, issuance of any permit, or the terms of any financing shall not constitute hardships. 3.5 Construction of Improvements. Upon receipt of approval from the DRC for any Construction or Modification, the Owner who had requested such approval shall commence the Construction or Modification approved by the DRC within ninety (90) days after the date of such approval and shall diligently pursue such Construction or Modification so that it is completed as soon as reasonably practicable and within such time as may be prescribed by the DRC. If the Construction or Modification is not commenced Page 14 of 52