Davenport’s battered barn to stay just that

Santa Cruz Sentinel ^ | February 19, 2005 | Genevieve Bookwalter, Sentinel Staff Writer

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Davenport’s battered barn to stay just that

Sierra Club court victory ends plan for wine and cheese shop

By GENEVIEVE BOOKWALTER
SENTINEL STAFF WRITER

DAVENPORT — David Luers had a dream: Buy the dilapidated barn off Highway 1, demolish it and build a wine and cheese shop he’d run with his wife.

Santa Cruz County officials approved the plan, as did the state Coastal Commission.

But nine years after buying the abandoned structure at Highway 1, Old Coast Road and Davenport Avenue, Luers is living in Idaho, where he’s running a gift shop and wondering how he can unload the property.

Earlier this month, a San Francisco Superior Court judge agreed with Sierra Club arguments that Luers’ plans for a 6,000-square-foot building encroached on environmentally sensitive San Vicente Creek — home to protected coho salmon, steelhead trout and red-legged frogs.

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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!!!)

[GeronL]

gggrrrrrr... its none of the governments business what people do with their own land.... and BTW- I also don't think the government should own land its not using for a governing purpose.

[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

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Oh, don't worry. The David Luers still get to "OWN" the property... and pay taxes on it...

...They're just not allowed to *DO* anything with it.

How do YOU spell "R-E-G-U-L-A-T-O-R-Y--T-A-K-I-N-G"...???

“A wise and frugal government, which shall restrain men from injuring one another, which shall leave them otherwise free to regulate their own pursuits of industry and improvement, and shall not take from the mouth of labor the bread it has earned. This is the sum of good government.” —Thomas Jefferson, First Inaugural Address, 1801

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[GeronL]

Amazing that it would be legal.

[SirLurkedalot]

LOL No kidding! You a local?

[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.

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        ...Uh-huh.

[1FASTGLOCK45]

I live about 30 min from Davenport. Down the coast from it. Seems like these "nature" clubs get too much money to burn. We should make a law, Whenever a Sierra club or Pita wins a case, they need to pay for damages to the owner, just like in this case with the Davenport property owner.

[SirLurkedalot]

I don't think there are a lot of us, always nice to meet another Santa Cruz Freeper!

[SirLurkedalot]

Amen, or a good horsewhipping.

[1FASTGLOCK45]

I Love the horsewipping idea better than monitary payback. That's awesome. I really want to see these guys (envirowackos) placed in a town square and whipped by the property owners ! Wow, would there be anything left of that wip? :)

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RE: ...Venue shopping?

Why, it's the 'Golden Rule', isn't it? (..."He who has the gold, gets to make the rules?")
The Bee did a great expose on 'Big Green' a while back. It's not ABOUT the environment; it's about CONTROL.

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Oops! Could you kill the graphic in 17 for me, please? (The source is evidently not 'hot-link friendly'.) Thanks!!!

[SirLurkedalot]

LOL Not if I was swinging it. (God, I wish I owned a logging company!) Funny how the cars around here with the most enviro/lefty/meathead bumperstickers look like they're putting out frickin smokecreens because they're so out of tune, all the while showing their "love for all humanity" by flipping me off because of the Jesus/pro-Bush stuff on the back of mine.

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RE: "Seems like these "nature" clubs get too much money to burn."

...MEGABUMP!!!

[1FASTGLOCK45]

Yea, I've seen those out of tune cars "envirowackos" drive. They do plaster those stickers and make you cough both ways. The more conservative econowankers drive those little gas sipping cars but they gulp the gas because they drive them @100mph.

[1FASTGLOCK45]

Original Post Thanks for the laughs! Good watermelon analogy on the libs!

[decimon]

gggrrrrrr... its none of the governments business what people do with their own land.... and BTW- I also don't think the government should own land its not using for a governing purpose.

There is an exception in this case - the creek running through multiple properties. You would surely object to my dumping effluent into a creek on my property which then runs through your property.

[SirLurkedalot]

I like cutting them off in my Crown Vic so they can see the "gallery".

[hoosierham]

Around here the ecology license plates are mostly on big s.u.v. with the occassional volvo. Self-imposed penance or just stupidity ? (I vote for stupidity;never give extra money to the gov't )

[SirLurkedalot]

LOL Doing 90 while babbling on a cell phone, right? Are you in Indiana? Got some family in Ft Wayne and South Bend, Dad was born in Indianapolis. (Stupid gets my vote too!)

[1FASTGLOCK45]

HEHEHE
Swerve safely !

[SirLurkedalot]

LOL I almost lost it on the Fishhook coming home yesterday morning (wet roads, no lib involved).

[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.

[Alamo-Girl]

Thanks for the ping!

[hedgetrimmer]

Not just the government, but the Sierra Club too.

[GeronL]

That would be an obvious case of violating someone else's property rights, BTW wasn't it the enviro-wacko's who made the gov't force gas companies to add MBTE to gasoline?? The stuff that is poisoning water???

Anyway, especially since these days the creek is more decorative than for water uses, dumping crap into the creek is not only damaging its probably pointless. Don't they have septic tanks these days?? (who says I'm against the water utilities??)

Everyone whose property abuts the creek, IMO should be considered a part owner of it.

[clamper1797]

I live about 30 min from Davenport. Down the coast from it

Westcliff at Swift street for many years.

[1FASTGLOCK45]

I'm over in La Selva beach area. its a lovely drive in the summer.. When there's no traffic!

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Thanks for your help!

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Bumper sticker...? Did I hear someone was looking for a...

...BUMPER STICKER...???!!!

   
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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!!!)

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Yes Ma'am. My pleasure.

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Shoulds and Oughts. Depends upon whether the victim has the resources to keep fighting. From the original article, it sounds like he may not.

[sergeantdave]

I just don't see much here that passes the USSC's Dolan tests, such as an essential nexus between the government's denial of his property use and its connection to some public use.

How the heck is a wine and cheese shop going to harm stupid fish in a creek?

Looks like pure eco-fascist harassment against a property owner.

[Lady Jag]

All I see is a black rectangle.

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You're not from around here, ARE you Sarge...???!!! (...grin)
This Davenport thing is just the most recent of many...

...Here's another from my 'bottom drawer', for example....

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Oh Sorry -- it was a '.png' file. Worked okay in Firebird, but MSOutlook didn't like it either. Maybe it's another 'Billy Gates' "feature"...? ...Guess I ought to stick with jpegs until I figure out why that happened! (Clues appreciated -- truly!!!) Here's the same image as a jpeg...

[sergeantdave]

Geez, Seadog, Commifornia is worse than I knew. Haven't seen that little tidbit.

[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!

[farmfriend]

They seem to be abundant at every small construction site proposed in California.

Too bad we can't make construction sites the endangered species.