Resident offers deal to mitigate illegal grading
By The Malibu Times · Thu Jun 21 2001
A homeowner on Porterdale Road offered a deal to the Planning Commission at its Monday night meeting--ignore a violation and he'll give the city some ocean-view real estate and, to top it off, some cold cash.
Malibu resident David Taub made the offer hoping to get a variance for the illegal grading of a pad on his property. He offered to donate two acres of land to the city and $25,000 to build a park.
Commissioner Richard Carrigan suggested that two issues were at hand: 1) the legalization of the illegal grading and 2) the merits of the application, independent of the illegal activity.
In actuality, the grading makes it possible to build a home and avoid view impairments to neighbors and public view sheds. However, the commission concurred that the owner should have asked for approval for the grading first.
"The results he reached (after grading) made sense, but we cannot let someone get an after-the-fact variance because it will encourage this type of illegal activity," said Commissioner Ted Vaill, in a later interview.
"I realize I used poor judgment and made a mistake," said Taub, as he spoke before the commission.
The Planning Commission responded that it appreciated the offer, though they take illegal grading seriously, and asked Taub to come back with a clearly defined written offer to the city.
"We're interested in compliance," said Ed Lipnick, commission chair, emphasizing that the commission is not interested in punishment.
The matter was continued to July 16, awaiting a written offer from Taub.
In other matters the commission:
- Quickly approved two antennae facilities requested by Sprint that would facilitate cell phone communications in Malibu for Sprint customers.
- Voted 4-1, with Vaill in the minority, in favor of a request to build a cabana in the Big Rock area, thereby overturning staff's recommendations and neighbors' opposition to the project on Cool Oak Way.
- Unanimously approved a request to build a pool on a property located on Horizon Drive, despite the steepness of the lot.
"This is the steepest lot I've ever seen a home built on," said Vaill, as he spoke about the 45-angle degree of the property.
"The home is not built yet, but it was approved without the pool," he explained. "Now they came back as they are ready to build, requesting the pool as well."
- Reluctantly agreed to take another bite in the continuance apple as requested by an appellant who opposed a proposal to build a new single-family residence that includes variances on Zumirez Drive.
Story poles, which indicate the future height and location of a home, were not accurate, therefore complicating and delaying the project.
- Next week the Civic Center Village guidelines will be reviewed by the City Council. Two commission members were assigned to attend so they could answer questions from the council about revised version of the guidelines, which the commission worked on.