Vote no, go to court

Arroyo Grande city councilmembers and planning commissioners who voted to protect the town’s creek are being sued as individuals by developers after sending a creekside project back to the drawing board.
The lawsuit filed by Pace Brothers Construction argues that the city officials are “taking� the company’s property in the Village of Arroyo Grande by voting to uphold a 25-foot setback from Arroyo Grande Creek. The developers have applied for permission to build a 2,562-square-foot home—the third new house on the property—which would be within 11 feet of the creek bank.
This may be the first San Luis Obispo County incident in which elected and appointed city officials have been named as individuals in a lawsuit because of their votes.
The court documents charge that planning commissioners are imposing an “infeasible setback� based on “uninformed personal opinions� that a smaller house could be reasonably built on
the lot.
Located on Whiteley Street, the property had one older home on three lots when it was purchased by Pace Brothers Construction. After a historical assessment, the developers obtained permission to demolish the existing home. Two large, new, two-story houses, more than 2,500 square feet, were built on the property and sold.

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