"I would have liked to vote against it, but unless we're prepared to spend a lot more time, a lot more energy and resources, we don't have a lot of choice," said Mayor Mike Shimansky after the meeting.
Last November, the Town Council upheld a Planning Commission denial of Skyvilla's development request at 1621 Lawrence Road. Skyvilla then filed a lawsuit, and a Contra Costa County Superior Court judge overruled the decision, saying the town did not provide sufficient evidence to support its ruling. This brought the case back to the Town Council.
Town Planner David Crompton presented the updated plans and pointed out that while the applicant has not changed the square footage of the proposed single family home, it has taken steps to reduce its visibility. Changes include the elimination of a garage, which allows the building to move further from the edge of the hillside, and the lowering of the structure by 18 inches.
Skyvilla representative David Bowie explained they are limited in where they can build.
"This is a highly unique situation," he said.
Bowie said professional planners who have looked at the parcel say the location on the ridgeline is the only suitable spot.
Councilman Newell Arnerich disagreed, saying surveys have shown other potential sites.
Public comment was strongly against allowing the house to be built. Tom Flood and Jim Richards, both of whom live on Lawrence Road, said they believe the council should continue to deny the construction despite the court's ruling.
"Are you five council members going to let one man's opinion trump your five opinions?" Flood asked.
"It doesn't seem right what we'll be doing to the families in Dougherty Valley," Richards added. "I'd want to keep the ridgelines clear."
"I feel this project has been scrutinized. I feel justified in saying they've done everything they've been asked," said Councilman Mike Doyle.
Councilwoman Karen Stepper agreed.
"I appreciate that the applicant went to a much lower profile," she said.
Arnerich said despite the court's ruling, the structure being proposed goes against the intent of the Major Ridgeline Ordinance.
"The message from the Planning Commission was, 'Bring a smaller structure.' That is our purview to do that," he said.
Shimansky said the council will be directing staff to examine the town's ridgeline ordinance with an eye toward tightening restrictions.
When the mayor called for a motion, uncomfortable minutes passed while council members looked at each other. Finally Councilwoman Candace Andersen moved to approve the Skyvilla appeal, seconded by Doyle, and the request was approved 4-1 with Arnerich voting against it.
Bowie said he was pleased with the vote.
"I understand the council's feelings," he said, "but this is an application that was made within the town's ordinances. This is going to be a very, very nice home with a lot of open space."