An unusual Planning Commission progression resulted in the denial of a project four months after the fact.
The commission had already voted to turn down a 10,221 square foot house proposal on Pacific Coast Highway in December 2001, but the project came back before the panel because an administrative delay left the door of appeal open in the eyes of planning staff and the applicant.
On Monday, planning staff came back with two resolutions-one, with what the commission decided in December, denying the application, the other, a resolution to approve the project with certain changes.
The project was going to be built on a property west of Bluffs Park on Pacific Coast Highway. The house plans included decks, colonnades, and a basement with a six-car garage, a bowling alley and four bedrooms.
Initially, attorney Alan Block, who spoke on behalf of owners Art and Kimberly Silver at the December meeting, wanted the matter resolved immediately, but the commission turned down the massively house that was about to fly through the planning process because it found errors in the two-thirds ratio calculations.
But the written resolution that would have recorded these votes was not finalized that night and the matter did not come back to the commission until Monday night. The applicant, architect Michael Barsocchini, came back with revisions, hoping the commission would revisit the case.
However, the commission was concerned it would set a precedent that would allow other proposals to come back even after a vote was already cast.
“I’m concerned about conveying an unfair advantage to the applicant because of the time it’s taken to prepare this resolution,” said Commissioner David Fox.
Planning commissioners did not want to create an opportunity for the applicant to exploit the administrative gap.
“We do not give favorable treatment to anyone,” said Commission Chair Andy Stern. “The vote has always been the cut off.”
The commission restated its unanimous vote to deny the project and told the applicant he is free to appeal the denial and suggest the revisions that were going to be presented to the commission at a City Council meeting.
Appeals regarding four new, two-story, single-family homes that would be located next to each other on the 24680 stretch of Pacific Coast Highway were continued to April 15.