Owners of ‘three-story’ home sue city

Andrew Glazer

MESA VERDE -- The owner of a home on Samoa Place filed a lawsuit against

the city Wednesday in an effort to lift restrictions preventing her from

putting a roof on her home, her attorney said Thursday.

“She had no choice but to sue them,” said Jennifer Friend, attorney for

homeowner Tracy Stevenson. “We allowed the city time to find out if they

could make a deal with Tracy. But it was to no avail.”

At the crux of the issue is one simple question: Is the top portion of

the Stevenson home an attic or a third story? Three-story homes aren’t

allowed in the neighborhood. Attics are.

The city granted Stevenson building permits for the home more than 10

months ago. But when the Samoa Place home was under construction in the

summer, disgruntled neighbors brought to the city’s attention that it had

violated neighborhood building codes. City leaders eventually ruled that

the home had a third story and that a stairwell spilled beyond property

lines.

“When you buy a home in an old residential neighborhood, you come to

expect what you bought into would be preserved,” said Robin Leffler, a

member of the Mesa Verde homeowners board, who is actively opposed to the

home’s remodeling. “The city is bending over backwards to make things

work out.”

But Friend insists the top of the Stevenson home is an attic. She said

the room has no electricity, no plumbing, will be used only for storage

and has no ceiling, making it -- under city definitions -- an attic.

City Planner Perry Valantine said the city found other faults with the

building, including the stairwell violation. He declined to give details

because of the pending litigation. But according to a report prepared by

planning staff in June 1999, the city determined the height and the

windows of the “attic” in fact made it a third floor.

The city attorney’s office would not comment, saying it wasn’t notified

of the lawsuit.

The Planning Commission on Monday is scheduled to vote on a measure that

would clarify the definition of a third story, designed to prevent

further problems.