[Seadog Bytes]

FROGS 10; HUMANS 0
...The dilapidated barn stays.   The Sierra Klub is Happy.   ...The Frogs win...???

The ruling came after the county and state approved the project.

"The commissioners were so off base," said Susan Young of the Sierra Club’s Santa Cruz County group and a Davenport resident. The Coastal Commission was listed as a defendant in the case.

Other Sierra Club members and residents of the old whaling town were disappointed to see the plans fall through.

"We feel very sad about it," said Marcia McDougal, who, with her husband Bruce, has owned the Davenport Cash Store next door to the barn for 28 years. She also belongs to the environmental group.

"We viewed it as an addition to Davenport to help restore the wonderful town that it has been and almost is."

Originally slated as a commercial/residential establishment with two apartments, the building was to sit in a slight depression on the property and rise two stories above Highway 1. Luers, who paid $185,000 for the barn, envisioned running a wine and cheese shop with his wife and living in one of the upstairs apartments, he said.

But some neighbors argued the development was too much for the town, and others said it was too close to the creek.

After much debate and some close votes, the plans were OK’d by the county Planning Department and the Coastal Commission. It was headed for construction when the Sierra Club filed suit 18 months ago.

"We get sued a lot because we’re the last stop," said Diane Landry, Coastal Commission district manager. "You either get sued for approving the project or you get sued for denying it."

Rita Dalessio, chairwoman of the Sierra Club’s Ventana Chapter, said her group did the right thing.

"The No. 1 thing that was wrong with it was it was so close to San Vicente Creek," Dalessio said. "We felt very passionate about it — this was a very important suit to us."

Luers said he’s not going to submit another set of plans.

"I’m certainly going to lose the property," Luers said. "I hope somebody else will take it on."

Real estate broker Steve Noren of Thunderbird Real Estate in Capitola said he’s heard from a few interested buyers. Luers hopes to recoup about $450,000 he owes for the property and costs related to the planned development, Noren said. Otherwise, Noren said, Luers might have to declare bankruptcy.

In the meantime, the barn will stand.

Noren said he worries the recent history of the site might scare off potential buyers.

"Whoever buys this has to have a lot of courage, a lot of time and a lot of money," Noren said.

Contact Genevieve Bookwalter at gbookwalter@santacruzsentinel.com.

"SMART GROWTH"... ISN'T!!!

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(Please FReepmail if you want on, or off, this list. I certainly have no desire to increase anyone’s stress-level. Thanks!!!)

[martin_fierro]

Cruzio Pingio.

[spinestein]

Would it be asking too much to have the Sierra Club pay these folks from group's dues the 450,000 dollars they lost in good faith so they don't have to declare bankruptcy?

I thought so.

[SirLurkedalot]

Santa Cruz bump

[ApplegateRanch]

Anybody else find it odd that the suit was adjudicated in San Francisco County courts? Venue shopping?

The property is in Santa Cruz County. The Sierra Club chapter suing is located in Santa Cruz County. The Coastal Commission is a state agency, and is certainly not based in San Francisco. The plans were approved by Santa Cruz County.

Oh, I also noted that Sierra Club members actually living in the affected comminity APPROVED of the Luer's plans.

[APFel]

Hm... I wonder if he could put a REALLY tall lightning rod on the top of the barn, fill it with hay and hope for the best...?

Still probably couldn't build on it, but...

APf

[sergeantdave]

Clearly a taking. The owner will get a few million after the case winds itself thru the bureaucracy, state courts and finally the federal court. The supreme court's decision in First English Evangelical will see to that.

Unfortunately, neither the fascist pig judge nor the Marxists in the Sierra Club will pay. The taxpayer will.

[July 4th]

I wonder what kind of environmental impact there will be when this frustrated landowner douses the barn in gas, sets it on fire, and bulldozes the land.

[farmfriend]

Rights, farms, environment ping.
Let me know if you wish to be added or removed from this list.
I don't get offended if you want to be removed.

[calcowgirl]

>>>home to protected coho salmon, steelhead trout and red-legged frogs

Why are these protected? They seem to be abundant at every small construction site proposed in California.
What a coincidence!

[lewislynn]

Steve Noren of Thunderbird Real Estate in Capitola said he’s heard from a few interested buyers. Luers hopes to recoup about $450,000 he owes for the property and costs related to the planned development, Noren said. Otherwise, Noren said, Luers might have to declare bankruptcy.

My good friend holds the first mortgage on that property...he's not worried.

[Old Professer]

Don't happen to have a pic of those red-legged frogs, do you?

[Old Professer]

Never mind, found one:

[tubebender]

Back in the 20th century my brother had the mail route out Swanton Road to just beyond Big Creek Lumber. The Post Mistress was a nice lady by the name of Myrtle and she lived in Davenport. I rode with him a few times. He is gone now but my sister and niece still live in SC. I'll be visiting them in early April as my sister has lung cancer.

I am amazed the CC approved this project. I am amazed when they approve any project on the coast...

[SunkenCiv]

But what about the old davenport that's in the barn? I hear that's a cockroach habitat.