Alta home nixed

Barbara Diamond

Neighborhood compatibility was the key to the rejection of a home

proposed for a site near the gateway to parkland at the end of Alta

Laguna in Top of the World.

The City Council unanimously rejected a proposal Tuesday to

construct a residence that opponents argued was out-of scale with the

neighborhood, blocked public and private views, was inappropriate for

the location adjacent to three parks and posed a danger to

pedestrians, hikers and bikers.

“There are several reasons to vote against this project, but the

overriding consideration is neighborhood compatibility,” Councilman

Steven Dicterow said.

The council vote upheld a unanimous Design Review Board denial of

the project, a decision appealed by property owner S.K. Paul.

Paul’s appeal claimed the board ignored the council’s granting of

relief in 2003 from a requirement to include an on-site turnaround

in his project, and also that it created its own benchmark for the

height of the structures in the five-lot tract in which the house was

to be built without regard to heights in the “overall neighborhood.”

“I just want to build my house,” Paul said.

If approved, the home would have risen 30 feet above grade at its

highest point, four feet higher than a plan for the next highest home

in the tract, still in the approval process.

“This is as objectionable and imposing as any high-rise in Laguna

Beach,” said resident Kay Tankersley, the first of 25 project

opponents to address the council.

Paul, his attorney and his architect spoke in favor of the project

as proposed.

“Sometimes I list ex-parti contacts on projects,” Councilwoman

Toni Iseman said. “I couldn’t list all of them [on this project]

because there were so many.

“This needs to be a new project, not a modification.”

Many of the opponents said safety was their concern. They claimed

the garage was planned too close to the street, forcing the driver to

back out onto the access road to parkland.

The home was proposed to be built on the last residential lot on

the cul-de-sac at the end of Alta Laguna Boulevard, bordering open

space that is filled with moms with strollers, youngsters on

bicycles, dog walkers and pedestrians.

Resident Sonia Campbell presented a petition with 90 signatures

“and more to come,” opposing the proximity of the garage to the

street. At the least, the signatories wanted the garage moved back to

allow for an on-site turnaround so drivers would drive headfirst out

of the property, not back out.

City engineer Steve May was on record as saying the turnaround was

not absolutely essential.

“Steve doesn’t live in town,” City Manager Ken Frank said. “His

perception was based on weekday use.

“I visited the site [on a weekend] and the cul-de-sac was filled

with cars, hikers, bikers and the dreaded dog walkers.”

County officials also indicated to Frank that the cul-de-sac is

heavily used for park access.

Concerns about view blockage were also voiced at the meeting.

“The loss of public views is a concern for the whole community,”

Village Laguna representative Barbara Metzger said. “The house next

door proves that a substantial home can be built without destroying

public views.”

As designed by architect Mark Singer, Paul’s proposed

5,987-square-foot home would cover more of its lot than nearby homes

on smaller lots.

“Laguna has a special soul,” TOW resident Karen Schwager said.

“You [council] can’t allow someone to shove something in our faces

that will destroy the pleasure of the whole community.”

The Paul project has been in the pipeline for five years, with few

changes from the original plan, Top of the World Neighborhood member

Gene Felder said.

The Design Review Board urged the property owner to consider

changes to his plan. He declined and forced a vote, which opened the

way for his appeal to the council.

“The look of the house is not the major issue with me,”

Councilwoman Cheryl Kinsman said. “The process is the issue. The

board encouraged the applicant to continue the process, but the

applicant declined.

“That is not the way the process works in this city.”

Attorney Paul J. Weinberg said the city had caused most of the

delays, including applying unrecorded subdivision restrictions to the

project, for which action Paul filed a lawsuit that is pending

resolution of the matter through the administrative process. That

process was exhausted with the council’s denial Tuesday of Paul’s

appeal.

“I would hope that the property owner would make some changes and

re-submit the project, but judging from his attorney’s comments, I am

not optimistic,” Frank said.