Illegal unit gets ultimatum

After a bitter two-hour debate, the Costa Mesa City Council narrowly decided that an illegal unit in an Eastside backyard must be torn down or drastically modified.

Mayor Allan Mansoor, Councilman Eric Bever and Councilman Gary Monahan voted for the ultimatum, citing concerns that legalizing the unit would set a dangerous precedent for other homeowners.

The unit was built by the Schones family without a permit about 50 years ago and is bigger than the zoning code allows.

If the city were to legalize illegally built units because of their age, many more people might ask for the same treatment, Mansoor said.

“It’s gotta be boiled down to what differentiates this property from others. I have to go with what’s going to set precedent in our city. Are we going to follow our code and regulations or not?” Mansoor asked.

“I’m concerned about opening Pandora’s box,” Bever said.

The unit is a one-story beige house with a kitchen, a bathroom, a couple of bedrooms and a two-car garage.

It is separated from the main building by a small wooden jungle gym set.

Mayor Pro Tem Wendy Leece, who brought the issue back to the City Council after the Planning Commission denied it, and Councilwoman Katrina Foley were in favor of legalizing the unit.

“I think this is a heartless decision, and I think it is wrong,” Foley said.

Both councilwomen said that the unit wasn’t really bothering anyone and would be expensive to remove.

The Schones now must demolish the illegal unit within one year, modify it or fight the city in court.

Wendy Schones called the decision “ludicrous.”

“We’re going to seek legal counsel,” her husband, Richard Schones, said.

During the hearing, a few people including members of the Schones family testified that many other residents in the neighborhood have similar illegal units.

One concern shared by the council was that the unit might be rented out.

Foley, in a motion to legalize the unit, included a provision to forbid the unit from being rented and another provision that would force the family to tear the unit down if and when they sell the house outside of the family.

The Schones told the council that they had rented the unit out before, but Richard Schones declined to disclose whom they rented it to after the hearing.

They did, however, agree not to rent it out again.

Such provisions would likely be difficult for code enforcement officers to require, said Don Lamm, director of development services.

“We don’t really have a way to enforce [these conditions],” Monahan said.

Reporter ALAN BLANK may be reached at (714) 966-4623 or at alan.blank@latimes.com.