Posted Jul 28, 2007, 9:07 AM
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CHACUN SON GOÛT
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Join Date: Apr 2006
Posts: 1,646
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Bob Shallit: Developer's digs may have to be downsized
By Bob Shallit - Bee Columnist
Published 12:00 am PDT Saturday, July 28, 2007
Story appeared in BUSINESS section, Page D2
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John Saca wasn't able to build his Towers condo project downtown. Now his plans for a megamansion in Arden Oaks could be stymied, too.
A recent opinion from the county counsel holds that homes in the swank, rural enclave can be no taller than 30 feet -- as measured from the ground to the midpoint between eaves and rooftop -- without special permission.
That won't affect existing homes. But it could block plans for future ones, including Saca's proposed home at 1821 Ladino Road, which would be 47 feet high and possibly 30,000 square feet.
"As of right now, those plans (for the Saca house) won't get approved because they don't meet the ... height limitation," says John Whisenhunt, assistant county counsel.
Saca's lawyer, Gregory Thatch, isn't giving up. He's provided the county counsel with arguments saying the proposed home is allowed under current zoning. and he's hoping for a new, different ruling "soon."
The dispute centers on interpretation of the Neighborhood Preservation Area ordinance approved for the community more than two decades ago.
The NPA requires that homes in the area cannot exceed two stories. But it doesn't address height.
In its recent opinion, the county counsel said taller homes would be permitted if the NPA specifically allowed them. But since the local ordinance is silent on that issue, heights should be governed by the general zoning code, which sets a 30-foot limit (or up to 40 feet with a special use permit).
Thatch says that's a misinterpretation.
The "plain language" of the NPA permits taller homes, he says, and its drafters originally wanted to see larger homes in Arden Oaks.
"If you talk to the (county commissioners) who approved the NPA, they'll tell you they didn't intend to restrict heights," he says.
The issue has long been a hot topic in the neighborhood, home to many of the region's business and political leaders. Various surveys and meetings have been held on home-size limitations.
Some residents favor limits, saying giant homes could dwarf their neighbors' abodes and ruin the "country in the city" feel of the community.
Others think limitations will lower property values and make an elite neighborhood less special.
Saca, of course, is in the second group.
"Thirty feet," he says of the height limit under the county counsel's recent ruling. "That's a tract home and that's not what we want in Arden Oaks."
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