Overturning the planning director’s decision, the Planning Commission on Monday continued an appeal of the director’s decision to approve the construction of a new two-story residence on Grasswood Avenue.
Initially, this case went straight through the planning process without commission input because Planning Director Barry Hogan has the authority to approve structures over 18 feet on site plan reviews.
However, the appeal brought the case under the scrutiny of the commission because it considers views a primary matter.
“There should have been communication between the planning department and the planning chair,” said Commissioner Richard Carrigan in a later interview. “Moreover, there was zero communication between the applicants and the appellants.”
Primary views are defined differently for every house, but it is not limited to ocean view; it can include mountains.
The appellant, Russell Kane, who has enjoyed the view of the Santa Monica Mountains for 52 years, said he does not object to the new home, but he is concerned about the loss of views the structure would cause when it’s above 18 feet.
In defense of Hogan, Carrigan said, “There are many aspects of our IZO that are ambiguous at best. We all want to simplify and improve the IZO in the future, because it’s not clear and it’s open to interpretation.”
In this case, Hogan concluded there was only one primary view, the ocean, but the commission concluded that mountains were part of the primary view for the neighbor, said Carrigan.
That is why commissioners sent this case back to the drawing board for the applicants. They continued the item so the applicants can redesign the project.
The law indicates that a primary view includes mountains or ocean, but Lipnick stated, “It could include both for some homes.”
The builder thought that if a theoretical 18-foot house would already block the view, it would be acceptable to build bigger.
“We don’t consider theoretical projects, only what is in front of us,” said Lipnick.
- In other matters, the Planning Commission unanimously approved a professional office project on Portshead Road, designed by architect Ed Niles.
Despite some initial confusion as staff presented the project, bringing up issues that were not in the equation, commissioners concluded that the building was a good fit for the neighborhood.
“I think the people of Point Dume should fall on their knees and give thanks for this well-thought-of and well-designed project,” said Lipnick in his closing statement.
At the meeting, neighbors raised traffic concerns and opposed a reduction of a setback near an Environmentally Sensitive Habitat Area (ESHA).
“This area was zoned commercial in the past,” said Stern.
Niles, who became increasingly frustrated with the opposition and with the confusion that the planning staff brought on when they said the zoning allowed for barber shops and book stores, assured the commission that this building was for office use, only.
“Somebody is really confused here–all I’m asking for is offices,” said Niles. “Do I have to remind you that you allowed office use in every home in the City of Malibu?”
To limit possible cumulative impacts in the Point Dume area, the commission deed-restricted the project to professional office buildings, so no retail can exist on the property. They also required that night lighting be minimized.
Commissioners indicated that people should contact them if they wish to. The public can obtain the individual phones numbers of commissioners who want to be contacted through the planning department.