City: Homes built too high

The Long Beach Buildings Department ordered construction work at 1 Pennsylvania Court and 3 Pennsylvania Court, between Pennsylvania and New York avenues, to cease about two weeks ago after neighbors said the buildings looked higher than allowed by city code.
Buildings Commissioner Scott Kemins took an inspector with him to investigate and determined that the 27-foot construction exceeded the city code by two feet. Kemins said the architect and contractor were notified about the project exceeding height requirements and a surveyor was called in to confirm the discrepancy.
The developer, Steve Iorio of Island Development, has been asked to correct the problem, and city officials are waiting for new blueprints on the single-family homes, said Kemins.
The commissioner said he was notified by neighbors about the height differential and acted immediately on their complaints. He even e-mailed them recently, informing them about the results of the city's investigation and confirming that the building was being constructed two feet too high.
“I spoke to the architect this morning [Dec. 31] and they are going to remove the roof structure and reframe it to meet the code,” said Kemins. “They have to chop off the roof and we have to get new blueprints that show the revisions that would meet the height requirements.”
He added that he does not believe the building was intentionally being constructed two feet above what is allowed.
“They just added wood in some places, and it raised everything up,” said Kemins. “We don't believe in any way that it was done intentionally.”
Neighbors, who said construction began in the fall and was being erected rapidly, said they noticed immediately that the construction was going beyond code.
Residents, who live at 780 West Broadway in a condominium called Oceanwalk, which is across the street from the development, watched daily as the structure was being built above the maximum allowable 25 feet.
They said they were unaware if the developer won a variance before the city zoning board to build higher than the code permitted. After investigating their complaints, the city notified them that the building was too tall.
“Basically, I was concerned about the zoning code,” said Eric Bentley, a 10-year resident of the condo. “The area is zoned for a certain height and it looked like it was exceeding it. For years, in this particular part of Long Beach, people have fought for [developers abiding by] the zoning code and keeping them from building too high. “This was definitely the biggest structure and it didn't fit in with other homes in the neighborhood,” Bentley added. “It towers over everything. If it's being done, it should be done by the rules. Why obstruct other people's views with this.”
Kemins said most homes in the area are lower than the maximum 25 feet so it may give the appearance that the new construction is much taller, which would explain why the contractor did not realize the code was being exceeded.
Kemins said the property owner won a variance to build at the site in 1989, but has not done any construction until recently. He said he does not know what the variance was for, but he does not believe it was for the height of the structure.
“In 1989 they put the foundation in the ground, and it is vested,” said Kemins. “The variance goes with the property for life. These structures received variances before Oceanwalk was there.”
Kemins said the developer also owns plots of land on New York Avenue, where three more homes could be erected, but no plans have yet been filed.
Another 10-year Oceanwalk condo resident, who wanted to remain anonymous, said he's not opposed to development, but is adamant that the project should be built according to the city code.
“I'm for anybody building anything,” he said. “But they should then go before the zoning board and if there's a hardship, the zoning board will make that decision. They have to obey the law, just like you have to stop at a stop sign and stop at a red light. There should be no question about it.
“In my opinion, it has nothing to do with how it looks,” he added. “I feel strongly that everybody in any building in Long Beach should follow the code, unless there's a hardship. And if there's a hardship and it's approved, I can live with that. I have to live with it.”
Todd Niemy, another Oceanwalk condo resident, said that before he moved into the neighborhood 15 years ago, he visited City Hall to take a look at the city code to make sure that homes could not be built too high because it would spoil his view. “And then this monstrosity comes up, and it's annoying,” Niemy said. “I called the city immediately about it. The height was my main concern because it's not good for my view. It's very encouraging and I'm very happy that they are going to do something about it.”
The homes under construction are two-story detached, each with a garage, and are reportedly selling for $980,000. Bentley said he was upset at the buildings' height because other developers would then come in and do the same thing. “I'm concerned more about the future,” said Bentley. “If you let somebody get away with it now, it could set a bad precedent. Where does it end?”
Iorio did not return calls for comment.
In May, the City of Long Beach Zoning Board rejected a proposed townhouse development that may have risen more than 40-feet tall on the same site. Developers Charles and Emanuel Rafimayeri wanted to demolish a building shared by Vito’s Fish & Chips and 13 apartments, between New York, Pennsylvania and Ocean View avenues, and build two Moorish-style duplexes. Both buildings would have contained eight townhouses, separated by a 40-foot corridor, on the site and an adjoining vacant lot. The plan also includes an open area with a swimming pool and cabana.
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