Family followed city codes in building attic

Because of the publicity concerning our addition at 3007 Samoa Place, we

feel it is important for the public to be aware of the true facts.

We did everything possible to assure the plans showed every detail and

complied with all zoning and building codes. The city has repeatedly

admitted this. The permits were not issued in error.

Relying on the permits, we tore down a large portion of our home and

spent a year of hard work and many thousands of dollars to build our

addition. Eleven months later, after receiving complaints from some

neighbors, the city suddenly claims our plans don’t meet code

requirements. Here are the facts.

A senior planner at the city instructed how to measure the front setback

(distance from sidewalk to the structure), which we followed, and that

senior planner properly gave us a minor modification to encroach into the

setback 2 1/2 inches because the curve of the cul-de-sac cuts into our

yard.Only after receiving complaints from some neighbors (eight months

after concrete was poured and after the structure was framed) did the

city change the method of measuring and decide one corner encroaches 4

feet, 5 inches. The city now claims this corner is too close, although

two of the four homes on our cul-de-sac are closer.

If we lose this issue, we will have to tear down a significant portion

and redesign the floor plan to move the stairs. This will be difficult

because concrete footings will have to be moved, and structural beams and

posts are located there. Is this justified to move one corner? We don’t

have the money to tear down and redesign, and with two mortgages, we

doubt we ever will.

The home complies with the height limitation (30 feet) and is less than

half the maximum square footage allowed by the zoning code (60% of lot).

There are no codes prohibiting walls or windows in an attic or regulating

an attic’s height or size. Call Rick Brown of the city’s building

department (754-5273) and ask.

Unfortunately, the Planning Commission and City Council have given in to

the hysteria generated by a few neighbors who are on a crusade to prevent

completion of our home. They are relying on city staff’s questionable

finding that the structural plywood in the attic -- which was in the

plans from the start -- makes it a third story as an excuse to force us

to eliminate the attic windows and walls.

There is no legal basis for the city to single us out and prevent us from

having these features, especially after we provided evidence of other

homes with the same features. Coincidentally, this is exactly what

neighbors have been asking for -- that is the reason for the limitations,

not the codes.

We are sorry the city and neighbors do not like the codes that have been

in place for many years, but we have a right to build our home in

compliance with those codes. Our home is being held hostage, and we can’t

put a roof over our family unless we give in and comply with neighbors’

demands. It is especially upsetting when we realize this will

significantly delay -- three months already -- and increase the cost of

construction and greatly reduce the storage capacity of the attic, much

more than 50%. It will destroy the designed appearance, which is not

obvious at this stage (so please don’t make any judgments without seeing

the design), and ruin the floor plan. When compared to the benefits to

neighbors, the costs far outweigh the benefits, as the home will be the

same height and shape, just less attractive inside and out.

It is inconceivable to think the city could change its mind, revoke our

permits at this stage, and walk away with no financial responsibility,

claiming a “mistake.” This is why they were so quick to “admit” they had

erred, as legally they have no financial responsibility for a mistake.

In response to the councilwoman who said we should consider neighbors who

would be upset every time they saw our house if we completed it as

planned, we ask what about our feelings? How do you think we will feel

every minute we would spend in an ugly house that doesn’t fulfill our

needs if we are forced to spend thousands of dollars to complete it to

the liking of neighbors? Why should neighbors get to tell us how to build

our home? We are in compliance with all codes and staff, including Donald

Lamm and Perry Valantine, have repeatedly stated we did nothing wrong.

I don’t think anyone can comprehend what this has done to my family.

TRACY STEVENSON AND JOSEPH WARNER

Costa Mesa