‘No setback’ another setback for couple

COSTA MESA -- A Mesa Verde homeowner in the middle of remodeling what has

become a controversial house may have to tear down the stairwell in her

home because it violates the city’s required setback.

The City Council voted 5-0 to uphold the Planning Commission’s decision

to deny an administrative adjustment that would have allowed the 4-foot

5-inch encroachment.

Homeowner Tracy Stevenson and her neighbors in Mesa Verde have been

embroiled in recent months in a debate over what is described as a

“massive” and “overwhelming” structure on Samoa Place.

The city has already deemed the top floor of her partially remodeled home

as a third story and therefore prohibited in that residential zone.

The issue decided by the council Monday was no less contentious for the

approximately 30 neighbors who gathered at City Hall armed with zoning

codes, redrawings and a petition bearing 500 signatures of people opposed

to the remodel.

“We’re not talking about inches here,” said resident Thomas Jones. “We’re

talking about mass, appearance, and incompatibility.”

Jones’ remarks were made partially in response to a statement made by

Stevenson’s boyfriend, Joseph Warner, who said the council was only being

asked to approve an encroachment of 5 inches.

A corner of Stevenson’s home that includes the stairwell measures

15-feet, 7-inches from the curb where a 20-foot setback is allowed.

Warner argued that city staff had approved a minor modification of 20%

which would have allowed a variance of 4-feet.

Senior Planner Willa Bouwens-Killeen said that Stevenson and Warner had

mistaken a note she wrote on one of their plans for a minor modification

as an official approval when it was not.

The city has, however, admitted that permits were issued in error after

plans clearly showing what Stevenson and Warner intended to build were

submitted.

It is anticipated that Stevenson and Warner will pursue the action in

court. Christine Trapp, an attorney representing the couple, said an

official decision has not been made.

Stevenson anticipates considerable costs in having to redesign her home,

which is considerably past the framing stages.

“The cost of moving this corner ... far outweigh any alleged benefit to

the neighbors,” she said.

Councilman Joe Erickson said he supported upholding the planning

commission’s decision because he thought that when considering the mass

of the house, the encroachment would be a “great infringement on the

property rights of the neighbors.”

Although Councilwoman Libby Cowan also supported the motion, she sad she

took issue with the magnitude of the setback issues that the residents

have made and the fact that everyone had become so involved with the

remodeling of the couple’s home by offering redesigns, plans and

redrawings of their own.

Cowan also called for an effort to better define remodeling guidelines

for city residents so that similar problems could be avoided in the

future.