Manufactured Housing Battle Blights North Richey Boulevard.
By Tim Vanderpool
JUST WHEN, EXACTLY, is a house not a home? According to
Webster's, a home is "a place of residence,"
or "one's own place." A house, on the other hand, is
defined as a "building to live in."
Scratch a straight line between the two, toss in a few aesthetic
quibblings, and you have the crux of the problem on North Richey
Boulevard. That's where Steve Hebert recently raised a stink by
squeezing a deluxe Palm Harbor manufactured house onto a dirt
lot, within spitting distance of a little old lady in a 1930s
adobe.
Now, regardless of its accouterments, a Palm Harbor can't escape
being the strapping big brother to your garden-variety mobile
home. This one's still up on trailer jacks (although they're discreetly
hidden behind slump block skirting). And it did arrive on wheels.
The building is pleasant enough, however, in an anal sort of
way. Straight as a steamer trunk, with clean corners, white shiny
doors, and gleaming, greenish trim, it's basically an A-type personality
with plumbing, a 14-foot-tall perfectionist's paradise under asphalt
shingles.
All of which doesn't necessarily make it pretty. Nor does it
endear this house/home to the enraged folks of the Palo Verde
Neighborhood Association. Unfortunately, if you live in a likewise
normal residential area in town, one lacking historical or some
other special designation, you too just might see a Palm Harbor
or its equivalent sidling up against your own petunia patch.
But there's a catch: In this case a few peculiarities
may have eased Steve Hebert's pre-fab vessel into its midtown
port.
Placing the house right next door to 89-year-old Mrs. Crowe--to
the tune of a mere three feet--required Hebert to apply for a
Land Development Option or LDO. That's officialese for a rapid-fire
exception to established zoning codes, pending notification and
de facto thumbs-up by affected neighbors.
But there's a catch: Only Mrs. Crowe signed off on the option,
though she has since retracted her approval with a notarized affidavit.
She now says the house is a bigger monstrosity than she bargained
for, and reaches much higher than the roughly 11 feet she'd been
promised.
Today it towers over her cozy cottage like a box-fisted bully,
with belligerent windows peeking into her once private domain.
Other neighbors say they didn't know about the Palm Harbor until
it couldn't be stopped. That's Peculiarity Number One. Peculiarity
Number Two: The LDO procedure requires the city to send out a
succession of notices to surrounding property owners. The first
announces the permit request, the second its approval.
Neighbors say they received neither.
Then comes Peculiarity Number Three. Steve Hebert heads his family's
North Dodge Contracting Inc., a company that's garnered more than
$315,000 worth of water line work for the city, dating back to
1987.
Which suggests that, even if the Heberts didn't pull a few municipal
strings, they at least knew the civic ropes better than most.
Did it help in this situation? Anne Graham, an attorney for the
Palo Verde Association, isn't a fan of conspiracy theories. But
she does consider the LDO's speedy approval "a little odd."
Especially, she says, "when the first notice gives the date,
time and manner in which the LDO is to be considered. "
How, she asks, are those affected folks supposed to respond overnight?
Graham describes an LDO as "kind of a funny little procedure.
It's very simple but very dangerous, because little if any notice
gets disseminated to surrounding property owners. And it basically
allows a person to obtain a variance without going to the Board
of Adjustment."
She says the Association had a recent meeting with Bill Vasko,
head of Tucson's Planning Department, to discover why this case
got the hustle, and exactly who constitutes "affected property
owners." Now Graham and her Palo Verde clients are waiting
to see if they can appeal the LDO, an opportunity she labels quite
rare.
SENIOR CITY PLANNER Frank Podgorski approved the Hebert's
LDO. He says since it was only for a one-story house, and only
affected Mrs. Crowe's property, the Heberts were told they needed
only her signature. That explains why the option was granted so
quickly, he says. "It's a judgment call."
But when the Heberts later tried to obtain a building permit,
they learned their land was in a flood plain area, requiring them
to raise the building at least one foot from the ground. They
raised it three. As a result, Mrs. Crowe suddenly saw a 14-foot
edifice shadowing her home, causing her to blow a doily and issue
the retracting affidavit.
Podgorski admits the increased height could render the Hebert's
original LDO invalid. "That very well may be," he says.
He's currently awaiting a decision from the City Attorney. Regardless,
the Widow Crowe still has a big Palm Harbor invading her personal
space.
Robert Martinique is Palo Verde's pissed-off point man for this
manufactured conundrum. He's smelled a skunk all along, due to
the Hebert's City Hall ties. "I think the fix is in,"
he says, adding that every concern raised by city inspection officials
were squashed once they returned downtown. He says the association
has subsequently endured a barrage of double-speak.
A few examples: Martinique says the flood plain question is a
red herring, and that Assistant City Attorney Michael McCrory
told him the home was protected by federal low-income housing
rules. McCrory also said interfering with its placement would
violate interstate commerce statutes, according to Martinique.
McCrory denies that wording with a frustrated sigh. "I have
explained to a number of people in that neighborhood that one
of the reasons why the city is limited in its ability to regulate
manufactured homes is because of principles of interstate commerce,"
he says. "There are federal laws that govern the sale and
location of manufactured homes.
"There are cases in other jurisdictions holding that you
cannot prohibit mobile homes or manufactured homes because they're
part of interstate commerce. That's not one individual lot or
one situation. Those are some general principles that I've talked
to people in that area about, as to why you can't just say we
don't want any manufactured homes or mobile homes anywhere in
the city."
He also said that any new home in the Palo Verde area would have
to be flood-proofed, as part of the city's flood plain insurance
under Federal Emergency Management Administration guidelines.
The folks at FEMA "got a real kick out of that one,"
Martinique responds. "They told me that FEMA hadn't done
any flood plain mapping in this area since the 1930s, and that
it obviously wouldn't have any effect at this point."
Martinique also says Fire Inspector Richard Davis called the
Hebert's home a firetrap. Davis denies that assertion. "I
was misquoted," he says. "I said it was possibly a potential
fire hazard."
Davis blames the comment on his misreading of height and distance
regulations. He later realized those rules applied only to storage
sheds and the like. "But I think (Martinique) heard what
he wanted to hear," Davis says. "I understand (the neighbors')
issues, but typically, when we receive complaints like this, it's
due to feuding neighbors using whatever tools they can."
He scoffs at the notion of hidden pressures prompting his stance.
Ditto for Podgorski. "I've been accused of being friends
with the Heberts, or being in collusion with them," Podgorski
says. "That's not true at all. This has been handled on an
objective basis."
Steve Hebert, the 25-year-old chief of North Dodge Contracting,
says Martinique "seems to have a personal thing against me,"
dating from earlier days when they were closer neighbors, and
Hebert was a budding musician. He says Martinique repeatedly called
the cops because of his Dionysian drumming. "I talked to
him about it, and I even put a board over my window. But then
he just called the cops again."
Regarding the charming qualities his Palm Harbor may or may not
exude, "Just look around the neighborhood," Hebert says.
"There are all kinds of homes here. And out of all these
neighbors, only a few are putting up a fuss."
He adds that his new digs will enjoy beautification via landscaping
and a carport, before it's turned over to renters. But his bottom
line remains unadorned: "We have a permit," he says.
"The house isn't going anywhere."
Martinique retains the weary ferocity of a battered bulldog.
"Listen," he says, "we've been getting lied to
all the way along. All we want is our day before the Board of
Adjustment."
Until that day comes, however, the Palm Harbor will likely remain
anchored in the choppy waters of North Richey Boulevard.
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