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Property rights should win Jeff Garner would like to...

October 15, 2004
(Page 7 of 7)

build one new house.

He opted to leave the existing structures and in good faith was

given the approval to build a new house in the R1 zoned area of the

parcel. In 1990 the approval was for a 4,000 square-foot-house, which

he never built. Last year the City Council upheld an appeal for the

approval for a 28,000 square-foot home.

To quote Councilman Wayne Baglin, "It's a big house in its own big

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neighborhood." I think he must have meant, "It's a house the size of

a strip mall yet without any of the industrial permit requirements."

Isn't he supposed to represent other residents also?

In addition, the property owner has received a healthy property

tax incentive for the last 14 years for having land as open space.

Being zoned as open space, residential units are not allowed. So how

could the owner pay revenue taxes for the income received from what

has turned into four rental units. I fail to see the hardship or

endless problems being placed on the owner. Any hardship of the owner

he has brought on himself.

It is a hardship onto the residents of this community. Created by

indiscriminate rezoning of our open space into acreage that can be

built on. You've got to give if you want to get. That goes with being

part of a community. He got his approval to build in 1990, for which

residents were supposed to receive 10 acres of open space. His

building approval has since expanded to five times its original size,

the owner just got cleared of 14 years of illegal activity, he also

just got some of this land given back to him along with the go ahead

to build on it and he will get the rest of it back in seven years

when the trail has not been installed and the permanent open space

rolls back into the property owners hands when reaching the 21 year

marker. So what will the community have received as compensation for

the destruction of our open space land. Nothing. If anything it

should be considered a taking.

As for our city and its council, What a disappointment each of you

are. It was obvious you had not even read the staff's report.

Not long ago, Mar Vista was listed in the Federal Register as a

National Landmark for its environmental beauty and species diversity.

Similar to places like Yellowstone National Park and Yosemite Valley.

You just needlessly squandered away what many believe was the most

beautiful parcel this town had.

DEBBIE HERTZ

Laguna Beach

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CA 92652; fax us at (949) 494-8979; or send e-mail to

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