Residents believe new home is for the birds

Plans to build a new home in Calabasas' exclusive "bird streets" enclave of Meadow Lark and Bluebird drives and Black Bird Way have neighbors clamoring that construction would threaten several oak trees on the property.

At a recent planning commission meeting, residents argued that the large three-story home would not fit the ambience of the longtime artisan community near Calabasas High School and is too grandiose with its proposed elevator, lanai and pool.

"This house is not appropriately scaled and it will not fit into the bird street ambience," said Deborah Kingston, an opponent of the new home. "This is not a compact structure, but a greedy violation of my rights and openair space . . . it's a massive physical intrusion. It's going to be suffocating."

The house was originally planned at 4,300 square feet, but in an attempt to appease the city staff was reduced by 1,000 square feet. It would sit on a 5,323square-foot lot with at least eight oak trees, although there is some disagreement over the exact number.

Despite variances in the front and back of the house, and the encroachment of two oak trees, city staff recommended the commission approve the plans.

"They bought a small lot," said next-door neighbor Alan Hales. "They knew what they were getting into, and now they are coming to the city and want variances in the front, variances in the back, variances for the pool. . . .Anyone who's been on the bird streets, you know that it's a nice, quaint area. Unfortunately, the applicant bought a small lot and now they want to build what I call a 'McMansion.' This is not in the city's best interest. It's not like any other house on Black Bird (Way). Don't set a precedent."

Jane McGregor, owner of the Black Bird property, pleaded with the commission and her prospective neighbors.

"We tried really, really hard to work with the lot," said McGregor, holding a drawing of the planned Mediterranean-style home. "We really wanted to save the oak trees. We've tried to make it aesthetically pleasing.

"We've been working on this project for two years and I just really want to move back to Calabasas."

Jennifer Rapaport used her time at the podium to speak directly to the property owner.

"I know you've spent a lot of time and money, and I appreciate that and I'm sorry," Rapaport said. "There's a lot of areas in Calabasas you could have chosen to build that would accommodate your house in its original design. And this lot doesn't happen to be it."

Directed by the commissioners to speak only to them, Rapaport continued, but faced the front of the room.

"Because there's been mistakes in the past in the neighborhood where people have gotten variances, it doesn't entitle a new person to come in and make additional mistakes," she said.

"That's not logical. We are trying to preserve the neighborhood, and if there were mistakes made in the past, let's correct them now," she said.

George De La Nuez, McGregor's architect, defended the plans.

"We are surrounded by houses that basically are enjoying the same rights that we are trying to achieve," said De La Nuez. "I'm sensitive to this and want to make sure our project is in the context of the neighborhood."

He said other homes in the area received variances, why not his.

De La Nuez also spoke about the elevator shaft which he said would look the same as a chimney. He said the lanai patio would be constructed by placing tiles on a setting bed, avoiding having to dig into the foundation and disturbing tree roots.

"I'm trying to understand why the house can't be . . . a little smaller," Commissioner Martha Scott Fritz said. She asked McGregor if the house could be shrunk a bit and positioned on the lot to avoid variances and the disturbance of oak trees.

De La Nuez said the house had been reduced by more than 1,000 square feet already, and that because of the unique lot, with trees dotting the property, that was impossible.

Neighbors criticized De La Nuez and McGregor's assertions.

"It's not a unique lot or a special lot as the applicant claims," Donald Kingston said. "It's just a small lot. It's greedy to say they need all this space to live comfortably.

"I know if this was happening to you, in your backyard," Kingston said to the commission, "you would never approve this."

One resident provided outside arborist's reports that contradicted the staff arborist's, and the commissioners decided they would like time to review the report.

"There is some information here that is contradictory to what is in our packets (from staff)," said Commissioner John Mueller, a former chair of the city's tree board. "People have testified that oak trees aren't being protected.

The hearing will be continued to a later date.

"My concerns are more with the neighbors that feel this is encroaching on their lots, and I'd like to see how that could be mitigated," Fritz said.

Commissioner David Brown encouraged residents of the community to request a specific plan for the neighborhood during the upcoming review of the city's General Plan.