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Bay Drive project gets a split decision

Attorney says Griswolds can proceed, but neighbors have an appeal pending.

October 05, 2007|By Barbara Diamond
(Page 3 of 4)

City staff determined the revisions were consistent with the Dec. 5 council action, but not all members of the sub-committee agreed, according to Montgomery, and the revised plans were presented for review at the Aug. 7 meeting.

The council agreed with staff’s interpretation that the structural changes to the elevator complied with the council direction but asked for a further reduction to a nine-foot width, with which the Griswolds voluntarily complied.

Then at the Sept. 4 meeting the Danenhauers and the Millers questioned during a review of the minutes of the Aug. 7 meeting whether the council meant to include a reduction in the eaves atop the enclosure or just the structure. Council couldn’t decide and continued the discussion to the Sept. 18 meeting.

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The minutes were approved at the Sept. 18 meeting, but the council voted 3-2 to hold a hearing on the staff’s interpretation of how the width of the elevator structure was measured — whether the 9-foot width included the eaves.

Mayor Toni Iseman said the reduction of the eaves should be in proportion to the reduction of the elevator enclosure.

Montgomery said eaves are an architectural feature generally consistent in size throughout a project. The eaves on the plans for Griswold home are all one-foot wide. He calculated that a proportionate reduction would make the eaves nine-elevenths of a foot.

“The minutes are accurate, but I don’t recall hearing a word about eaves,” said Mayor Pro Tem Jane Egly, who voted on Tuesday with Mayor Toni Iseman against the approval of the one-foot width. “My intent is to reduce the structure and I would like it all to be nine feet. However, I would work with other council members and I would agree to 10 feet [eaves width].”

Councilwoman Cheryl Kinsman concurred.

“If the Griswolds would be willing to reduce the widest part to 10 feet, I’ll vote for it,” Kinsman said. “I am in the middle of a 2-2 council and believe me, it is not where I want to be.”

Griswolds’ attorney said they would have agree to six-inch eaves with some strings.

“If you [the council] tell the Griswolds that you will put this matter away tonight, and if the Danenhauers and Millers will agree to [withdraw] their appeal of the Superior Court decision — which is rock solid — or to the Coastal Commission, they will agree,” Gratz said.

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