Planning a remodel and think Beverly Hills won’t notice if your builder ignores City approved plans?
Think again.
A single family residence at 1201 Laurel Way approved for a remodel that allowed for a demolition of only 50 percent of the structure was issued a stop work notice after the City’s building department realized 90 percent of the home had been torn down.
Project Supervisor Keith Bae claims he was given the okay to do so by a City building inspector named Steve Tabor.
Bae stated in a document submitted to the City Clerk’s office that on March 12, 2008 the inspector said the home could exceed the 50 percent limitation if there was structural damage that called for further demolition. He stated Tabor claimed to have the authority to give the approval, and that the building owner need not worry about the plan check as Tabor would likely serve as the plan checker for the project going forward.
The City states otherwise, claiming Tabor never signed off.
The argument came in front of the City Council Tuesday when the homeowner’s attorney, David McDonald, appealed the stop work order.
At the meeting, the appellant’s attorney refused to allow Bae to testify. The Councilmembers directed the City attorney to draft a subpoena ordering Bae to testify at the City Council meeting on April 20.
McDonald does not dispute that the home has exceeded the 50 percent demolition, but claims they were allowed to do so under Beverly Hills’ Life Safety Repairs/Upgrades exception.
“The section states that the 50 percent limitation shall not apply to any repairs or upgrades which are necessary for safety reasons to bring the nonconforming structure into compliance,” he said.
He claims the City maintains no written policy by which this right can be exercised.
And lastly, he argues Inspector Tabor gave the verbal go ahead for the demolition, as stated by Bae.
However, there is no written documents approving the plans, nor are there photos documenting the supposed damage that called for demolition.
The only documentation is an entry from the appellant‘s project supervisor’s daily log for March 12, 2008. There is no log submitted for before or after the date. The City will issue a subpoena for that information.
Beverly Hills Assistant Director Of Community Development George Chavez refuted the claims by stating:
• It is clear the demolition exceeds the approved 50 percent.
• The property does not qualify for the Life Safety/Upgrades exception (there is no evidence, photos, i.e., to support the claims, he states).
• Inspector Tabor denies ever approving the demolition of more than 50 percent. Furthermore, there is no written agreement or approval for the 90 percent demolition.
Chavez said the development can move forward if the homeowner revises plans, submits the new plans, pays the additional fees and goes through the correct process.
Neighbors of 1201 Laurel Way state they feel the homeowner, Papcap Laurel Way LLC ,knew all along he was going to tear down the entire house.
Three years ago somebody knocked on the door stating they were going to buy 1201 Laurel Way and asked if we had objections to tearing the house down, said neighbor Ronit Gura.
We objected and didn’t hear from them for six months, until they unexpectedly started construction. We found out then that instead of asking for a permit to build a new house, (which would require commission and public hearings for the neighbors input), they received a remodel permit which is less restrictive.
“That’s how they escaped criticism from the neighbors,” said Gura. “The house went from one story to three stories. They built so high they have obstructed our view.”
Gura said she and her husband, Dr. Victor Gura, first notified the City about the home two years ago. However, nothing was done about the property until July 15, 2009. This was 14 months after the completion of the demolition.
“We finally wrote a letter to the City Council, that changed the whole picture,” said Gura. “We got a response from (Mayor) Nancy Krasne.”
The Guras have filed a lawsuit against Papcap for violating the neighborhood’s Covenants, Conditions and Restrictions that state a home cannot exceed 14 feet. The 1201 Laurel Way home is now 23 feet, she said.
The item will go to the City Council again on April 20.