2010-08-05 / Front Page

Chabad expansion vetoed

Illegal patio must be removed— appeal planned
By Sylvie Belmond belmond@theacorn.com

After more than six hours of debate last week, the Ventura County Planning Commission denied requests by the Oak Park Chabad to keep an unpermitted patio enclosure and increase occupancy from 70 to 145 people for Saturday services and special holiday events.

The decision came two days after the synagogue in the 5900 block of Conifer Street, a residential neighborhood, was vandalized with graffiti that read “Get out of Oak Park.”

“We were extremely disappointed. By totally rejecting our request, the planning commission is asking Chabad to be chained down to an arbitrary number of 70,” said Rabbi Shlomo Bistritzky, synagogue director.

“There was not even an attempt to work with us and come up with a solution,” the rabbi said.

Chabad has operated the synagogue inside a 4,000-square-foot single-family home since 1994. The converted house retains a residential look outside, but was modified inside to accommodate religious activities.

It includes a 750-square-foot patio enclosure that was built about three years ago without a permit.

Earlier this year, Chabad requested permission to more than double its occupancy permit. It also hoped to reduce the distance required from the home’s rear property line to the patio. A distance of 15 feet is normally required; the patio is 6 feet from the property line.

The requests provoked the ire of some neighbors, who said allowing extra traffic to the synagogue would worsen parking and noise problems in their community.

“Over the past several years, the level of use and activity increased so much to become a nuisance,” Jeri Fox said, adding that the disruptions stopped recently, but could recur if the expansion went through.

“I hope you look at the big picture because it’s very important to our neighborhood,” Fox said.

Brad Lewis, a neighbor, also urged commissioners to decline Chabad’s requests.

“It could set a precedent that could harm not just Oak Park but all of unincorporated Ventura County,” Lewis said.

The illegal patio prompted much debate.

Bistritzky said Chabad built the patio about three years ago because a neighbor would blast music toward the synagogue’s backyard when people gathered outside on Saturday afternoons for refreshments.

“We built the room with double-pane glass and air conditioning so the neighbor would no longer be disturbed,” Bistritzky said.

He added that Chabad did not intend to break zoning laws when it built the $40,000 enclosure.

Louis Fishstein, whose backyard meets the Chabad, admitted to playing the loud music to express his frustrations against the Chabad. He said the synagogue guests still make too much noise.

“I’ve lost all privacy,” Fishstein said. “They have absolutely no consideration for me and my neighbors. . . . They’re very nice people individually, but collectively, that’s another story,” Fishstein said.

After several hours of testimony, commissioners voted 4-0 to limit occupancy to 70 people and require removal of the patio structure.

But the commissioners changed wording in the Chabad’s permit to allow use of the backyard for small gatherings after services and agreed to extend permit renewal requirements from every five years to 10 years.

“It is with a heavy heart that I call for this vote,” Commissioner Michael Wesner said. “The arguments were compelling, and there is sufficient good cause. But at the same, I really have a hard time with it,” he said, citing concerns about setting a precedent for the patio variance.

Bistritzky said the Chabad plans to file an appeal with the Board of Supervisors, which in 1994 overturned a planning commission decision not to allow the synagogue in a residential neighborhood.

“We need this for our family to practice our tradition,” he said.

About 100 people attended the meeting last week to support the Chabad’s request.

In May, the Oak Park Municipal Advisory Council recommended a maximum capacity of 127 for Sabbath services and a 10- year permit.

The council voted against allowing Sunday morning services, but approved the Chabad’s request to increase capacity from 10 to 40 on Fridays.

Bistritzky said the county planning commission blatantly disregarded the MAC’s recommendation.

“I felt terrible about that. (The MAC members) are the representatives of the neighborhood and spent hours doing their research,” he said.

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