Stutz Artiano’s Municipal Attorneys for City of Del Mar Win Appeal

On February 19, 2014, the Fourth District Court of Appeal affirmed a lower court decision in favor of the City of Del Mar. [Eskeland et al. v. the City of Del Mar et al. (Case No. D061370)].  Stutz Artiano’s municipal team of Leslie E. Devaney, William C. Pate, R. Jacob Gould, and Paul V. Carelli, IV., a Certified Specialist in Appeals, successfully defended the City.  The decision affirms the Superior Court San Diego case (No 37-2100-00083840-CU-WM-CTL) that denied a challenge to the City’s grant of a variance to a residential property owner who proposed to build a new residence on the same footprint of an R1-10 zoned residence built several decades ago.  The appellate decision on February 19, 2014 concluded that the “Planning Commission determined that granting the variance for the project would achieve the goals and objectives of the Community development,” and that granting the variance did not constitute rezoning. The Court found that there was substantial evidence of special circumstances regarding the property location, size, shape, topography, and surrounding area and that strict application of the zoning requirements would deny the property owner of privileges enjoyed by other property owners in the vicinity. See LINK Eskeland Opinion 2_19