Compromise reached in property suit

Terms of a compromise that could end a lawsuit filed against the city by an Alta Laguna property owner were announced at the April 17 City Council meeting.

The agreement will allow the property owner to proceed with construction of a home, which had been denied, but plans will be revised to lower the height of the residence and include a turnaround, both key issues for city approval.

“It was a win, win, win,” City Attorney Philip Kohn said. “The property owner won, the city won and the neighbors won.”

Neighbors and environmentalists had vehemently protested the original plan proposed by property owner S.K. Tej Paul for the highly visible parcel at 3355 Alta Laguna Blvd. The project was denied.

“Litigation ensued because of the city’s denial of the proposed project,” Kohn said.

City Manager Ken Frank will make the terms and development standards of the agreement known to the Design Review Board.

When and if a Paul project is approved, he will file a request for the dismissal of the lawsuit. If the city doesn’t approve a project satisfactory to Paul, he reserves the right to proceed with the suit.

Benefits, rights and obligations set forth in the agreement may be transferred by assignment or sale of the property by Paul.

Under the terms of the agreement, Paul will submit a revised application for the property. Initial filing fees will be waived but Paul will be expected to pay all fees connected to processing the application and construction.

The application will reflect the development standards outlined in the agreement:

1. The height of the structure shall not exceed the height of a neighboring home at 3345 Alta Laguna Blvd.

2. No portion of the proposed residence may encroach into the required rear-yard setback, although it may be used for on- or below-grade hardscape, such as a patio.

3. Minimum side yard setback adjoining the 3345 residence will meet city code, but the house, garage and/or hardscape will be allowed to encroach nine feet into the other side yard setback.

4. A vehicle turnaround will be required in the front yard.