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County sued for denying coastal building permit
October 29, 2009, 03:56 AM By Michelle Durand


An El Granada property owner who was denied permits to build a single-family home is suing San Mateo County and the Board of Supervisors, claiming they permanently and completely deprived her of the reason why she bought the land in 1996.

The suit filed Tuesday by Craya C. Caron, of Orange County, claims she suffered injury for the 14-year period between her purchase of the Bunham Strip property in unincorporated El Granada and now when her home is “still not built and in all likelihood, never will be.”

Caron, acting as her own attorney, said the county must compensate her for what essentially amounts to the taking of her property.

The Board of Supervisors denied Caron’s application for a use permit and variance on Aug. 25, 2009 because single-family homes are not an authorized use in the area, said County Counsel Mike Murphy.

Yet, according to Caron’s lawsuit, other homes and facilities are built in the same vicinity.

“It is an unequal application of the zoning ordinances to say that a single-story, single-family dwelling would be more consumptive of open space than would a day care center or nursery,” the suit argues.

Some of the argument also comes from when the parcel was actually established because residential uses were prohibited after Dec. 1, 1981. Caron said she reasonably believed her property was a legal parcel divided from a larger lot in 1949.

Murphy had not yet seen the suit but affirmed the Board of Supervisors’ decision.

“It was a legal decision with a little bit of ambiguity in the language but I believe the board read it correctly,” Murphy said.

Aside from claiming the county improperly denied her application, Carlos also said the county unreasonably delayed a decision and forced her to spend thousands for permit-required tests.

The suit is scheduled for a case management conference March 9.


Michelle Durand can be reached by e-mail: michelle@smdailyjournal.com or by phone: (650) 344-5200 ext. 102.  


 


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