Stopping an existing construction project. (real estate, apartments, rentals)

[CA4Now]

Can you contact your city council?

[CALGUY]

Originally Posted by Exitus Acta Probat

Hey Bob, any luck getting those 'Krails' [sic] moved?

As a matter of fact, YES.
The rebuilding project of the entire road is to begin in January of next year.
It took a lot of meetings, and demands, but the city finally caved in and decided to get it done.

The city claimed the were "looking" for the money to do the project.
When I proved to the city council where money is/was being wasted in the city, suddenly they inform me they"found" some money for the project.


Bob.

[Sydney123]

Looks like it’s too far along to stop.. it’s an eyesore for sure, but I don’t think you will be able to stop it just because it’s ugly.

[CALGUY]

Originally Posted by spencgr

Do your local laws state that community input is required? Just because it is normally done, doesn't mean it is required.

Actually from what I researched, this particular property is something of a double edged sword.
Zoning for that site was put into place years ago, and the building is following zoning regulations, but, it was planned and developed with what is called "By Right", which means no community input was required.
Obviously that rule needs to be studied.

Secondly some feel the building is protected by the HAA , which is a state housing program that is supposed to speed up the permits allocation.
Also stated in that act is a clause sating claims can not be made that buildings do not conform with existing structures in the area, and here in lies a case for litigation.

No where in that act does it mention commercial property, only housing.
This building is both, commercial, and housing, so I believe a strong defense would be to mention that in any complaint.
If it were just housing, all efforts to have the building torn down could not happen, but being commercial as well there is a chance to go with a case of it not being up to the standards of existing structures in the area.
We have other buildings in the area that are three and four stories high, and blend very well into the community.

If this building pictured was only one story high, it would still not conform to the existing structures in the community, by design alone.
A building like this one would do well in Malibu, for the design would fit in perfectly with an ocean topography.
It certainly does not belong in a small residential community of mostly small, single family homes.

As I said earlier, the small house right next to this huge building, now looks like a tiny dog house next to this building.
I feel for the homeowner, they are probably wanting to sell soon, and they are going to take a big hit on it's value.



Bob.

[CALGUY]

Originally Posted by Vic Romano

Where exactly is it being built? Along Monterey Road? Avenue 60? Or in a neighborhood street?

If it's on Monterey Road, I would not have any issue. If it's in a neighborhood street, I could understand the concern.

Monterey at ave 60.


Bob.

[CALGUY]

Originally Posted by Sydney123

Looks like it’s too far along to stop.. it’s an eyesore for sure, but I don’t think you will be able to stop it just because it’s ugly.

I am meeting with an attorney on Thursday, and hopefully will file a cease and desist right away, until this project, and mostly it's approval procedure can be looked at.


Bob.

[CALGUY]

Originally Posted by Sydney123

Looks like it’s too far along to stop.. it’s an eyesore for sure, but I don’t think you will be able to stop it just because it’s ugly.

Stopping is not the problem.
That can be done with a simple cease and desist order from the court, sighting the approval system used in this project is under suspicion.
Having it torn down is a much bigger problem, but anything is possible.

Bob.

[Vic Romano]

Did look at the architect's website. That building does look unusual. Some of their other projects looks pretty nice, though.

[Texamichiforniasota]

Originally Posted by CALGUY

Actually from what I researched, this particular property is something of a double edged sword.
Zoning for that site was put into place years ago, and the building is following zoning regulations, but, it was planned and developed with what is called "By Right", which means no community input was required.
Obviously that rule needs to be studied.

Bob.

“By Right” means they are following the zoning rules for that parcel, so they don’t need neighbors’ approval to build what they are legally entitled to. It is the same as if you wanted to build a new garage or addition to your house. As long as you follow the zoning rules, you don’t need your neighbors approval to build what you are legally entitled to on your property. If you don’t like other peoples private property rights, either buy the properties yourself or move to a HOA.

[Exitus Acta Probat]

What about using K rails to stop the project?