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Daly City Tears Down Homeowner's Addition - room added in 1973(insane...)
KRON California ^

Posted on 3/28/2002, 7:43:51 PM by chance33_98

Daly City Tears Down Homeowner's Addition



After 30 Years, City Tears Down Man's Home Addition DALY CITY (KRON) -- It was heart breaking for Efrim Bastarrachea to lose his battle with city hall and 700 square feet of his home. Before workers arrived Monday Morning he moved everyone out so they would not have to watch and listen to the destruction of the room he built by hand on the back of his home in 1973 - a space that served as family room, play room, and study room for his college-bound daughters.

It was "part of my house for 30 years," said Bastarrachea. "All the young children grew up over there, the city knew, we tried to have permits, we complied with them, they asked us to apply for a variance - the engineering department - and they denied it, they say they can't help us - the only way (is to) reduce the room."

The room didn't fully meet Daily City's Building Code. And extending to the edges of his backyard, it was too large for property coverage restrictions. Engineers said there was no way to safely reduce its size. Daily City Community Development officer, Rich Berger, told KRON 4 News the addition was unsafe, a fire hazard, and posed a risk to the neighborhood. He said Daly City had been working with Bastarrachea since April of 2000 to get the structure into compliance.

But Bastarrachea claims the structure he built for his family was very safe and that the city knew of it when he first built it 30 years ago. He says that over the years inspectors routinely dropped by the house to see if he was using the room as an illegal mother-in-law unit. He says they always gave him the OK. "I did apply for a permit. Every time they said, OK, don't worry about it, you're not renting. That's the sad part. And this year they decided to enforce the law, after 30 years."

Now Bastarrachea has not only lost a piece of his house, he'll have to pay the cost of tearing it down. Thousands of dollars. And, he says, the city wants seven thousand more in fees.

Daly City disputes Bastarrachea's version of the room's long history and says its Building Department tried to work with Bastarrachea beginning three years ago, finally trying to help him get a variance. But, the city said there were no legal grounds for that. When Bastarrachea didn't tear the addition down, Daly City got a court order, and tore it down for him.

The city sees it as a safety issue. Bastarrachea sees it differently. "Looks like my civil rights, from the 60's, are gone," said Bastarrachea. "They make me look very little. I hope, they don't continue with this abuse, abusive power. It's very sad for the community, today I would say it's a sad day."


TOPICS: Government; US: California
KEYWORDS: govwatch; libertarians
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This is nuts.
1 posted on 3/28/2002, 7:43:51 PM by chance33_98
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To: *libertarians;*Gov_Watch
Bump to the list for discussion.
2 posted on 3/28/2002, 7:44:41 PM by chance33_98
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To: chance33_98
KRON California did an excellent job translating this story from Chinese to English.

One thing confused me though: Where in the People's Republic of China is Daly City?

3 posted on 3/28/2002, 7:50:54 PM by freeeee
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To: chance33_98
Yeah, ITS A SAFEY ISSUE ALL RIGHT. The G-D thing is so unsafe it's been standing for 30 G-D years!!

Gee, I hope my city doesn't ever find out my house had an addition built on to it in the 1950's without a permit. They might decide it is also unsafe.

What city goes around inspecting additions to make sure they aren't being used as rental property anyway?
4 posted on 3/28/2002, 7:51:44 PM by mamelukesabre
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To: chance33_98
I wonder whether this house is one of those in Daly City build directly over the San Andreas fault line? Everything is temporary there. But yes, this is nuts. You'd think 30 years of existence would give him some rights.
5 posted on 3/28/2002, 7:52:01 PM by PoisedWoman
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To: mamelukesabre
Now Bastarrachea has not only lost a piece of his house, he'll have to pay the cost of tearing it down. Thousands of dollars. And, he says, the city wants seven thousand more in fees.

This makes it even more insane.
6 posted on 3/28/2002, 7:52:31 PM by chance33_98
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To: freeeee
Just south of SF, on the peninsula. It was purportedly the inspiration for the Pete Seeger song, "Little Boxes."
7 posted on 3/28/2002, 7:52:59 PM by MoralSense
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To: chance33_98
The Peoples Republic of California strikes again!
8 posted on 3/28/2002, 7:53:48 PM by Feudal
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To: chance33_98
Gov gone NUTS! Bump.
9 posted on 3/28/2002, 7:55:42 PM by sleavelessinseattle
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To: chance33_98
and posed a risk to the neighborhood

It could break free, grow claws and terrorize the neighborhood?

10 posted on 3/28/2002, 7:58:26 PM by meowmeow
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To: chance33_98
No doubt. Go to he**, city officials. When are we going to get serious about getting our property rights back? This slow slide has got to stop and be reversed.
11 posted on 3/28/2002, 7:59:28 PM by SoDak
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To: chance33_98
That's the kind of thing that turns people against the government and causes things like ruby ridge and the uni-bomber.
12 posted on 3/28/2002, 8:00:00 PM by mamelukesabre
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To: chance33_98
Disgusting.
13 posted on 3/28/2002, 8:01:45 PM by ItisaReligionofPeace
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To: mamelukesabre
"Yeah, ITS A SAFEY ISSUE ALL RIGHT. The G-D thing is so unsafe it's been standing for 30 G-D years!!"

Yep...through the Lompa Prieta Earthquake back! Another example of Californicatia bureaucracy. Glad I am out of that hellhole!

14 posted on 3/28/2002, 8:03:39 PM by Redleg Duke
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To: mamelukesabre
No, the building of houses and thereby "destroying our precious mother earth" is what creates UnaBombers.
15 posted on 3/28/2002, 8:07:03 PM by Phantom Lord
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To: chance33_98
I hope the city remembers to reduce his property taxes for the amount charged for the room they tore down.
16 posted on 3/28/2002, 8:07:19 PM by A. Patriot
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To: chance33_98
Several years ago, when we were buying our house, we had a survey done, and discovered that an addition encroached the zoning setback lines. Further research revealed that the building permit was issued erroneously, the owner was supposed to have gotten an variance first, but the planning & zoning office didn't catch that. They assured us that "they would never go back against us and make us tear it down," but the word of people who would one day be retired wasn't good enough for me. We required the sellers to apply for the variance before we would agree to close on the house. Fortunately, the zoning appeals board was more reasonable than Daly City's apparently is, we got the variance, and everything is OK. But given this story, I'm glad that I stuck to my guns and insisted on clearing up this issue first.
17 posted on 3/28/2002, 8:10:06 PM by Stefan Stackhouse
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To: chance33_98
I would go postal.
18 posted on 3/28/2002, 8:12:04 PM by Steve0113
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To: all
there is a video on the site showing them tearing it down...pretty sad if you ask me.
19 posted on 3/28/2002, 8:20:18 PM by chance33_98
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To: chance33_98
The room didn't fully meet Daily City's Building Code. [30 YEARS!!!] And extending to the edges of his backyard, it was too large for property coverage restrictions. Engineers said there was no way to safely reduce its size. Daily City Community Development officer, Rich Berger, told KRON 4 News the addition was unsafe, a fire hazard, and posed a risk to the neighborhood [again, 30 YEARS!!!]. He said Daly City had been working with Bastarrachea since April of 2000 to get the structure into compliance.

Apparently you don't own property in Daly City, the king only allows the serfs access. For those who don't know...Daly City is just south of Sodom on the Bay, Kalifornia

20 posted on 3/28/2002, 8:21:00 PM by hattend
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