Politics & Government

Neighbor Dispute Involving Councilman Escalates

Town gets involved over construction kerfuffle.

Neighbors don’t always agree. But, when a neighbor dispute over construction involves a town councilmember, the disagreement can quickly escalate.

In July, Eric and Kelley Warner, who live next to San Anselmo Councilman Jeff Kroot and his wife Tina, hired a lawyer and sent a letter to the town arguing that an addition to the Kroots’ house violated their privacy, the intent of town law and deliberately wasn’t shared with neighbors. The letter from the lawyer asked for a stop-work order on the Kroots’ construction.

“Whether the law was actually violated or not, it certainly violated the spirit of the town zoning code intending to increase public involvement, review, and public disclosure,” said the letter from the Warners’ lawyer, John Corcoran.

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But, said the Kroots, they didn’t violate any regulations with their remodel and the town agrees.

“Basically, we followed the rules. The same rules apply to me,” said Jeff Kroot.

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The town responded to the allegations in their own letter saying essentially that all town rules were met. But, it hasn’t ended there. Town councilmembers have also had to step in and attempt to mediate a dispute that has escalated and grown to involve the neighborhood on Crescent Road near Wade Thomas.

“I think the parties are getting closer,” said Town Manager Debbie Stutsman.

The disagreement started when the Warners began construction on a remodel and addition early in the year and the Kroots raised concerns with the Planning Commission. The commission then approved the Warners’ project with conditions that helped to address some of the complaints.

A few months later, the Kroots were granted a permit for their addition in June and began construction.

The neighbors weren’t told about the project, said Eric Warner. But, Jeff and Tina said they talked to a number of their neighbors.

Two other neighbors spoke at the Planning Commission meeting in September, according to meeting notes, about the visual and privacy impact the Kroots addition is having on the neighborhood.

Barbara Tracy, at that September meeting, also said she was very concerned about the conflict between the neighbors and has seen nothing like this in the 35 years she’s lived there.

In the letter to the town the specific concerns about the new construction are outlined.

One complaint is that the Kroots should have gone through design review, but the town responded by saying it didn’t qualify for design review because the ground floor is not a story making it not a three-story building.

The calculation for the floor-area-ratio was incorrectly calculated, said the lawyer’s letter, and the setback for the side yard was a variance that shouldn’t have been granted. But, the town said in its letter that they were correctly calculated and the town has no ordinance protecting views.

There were also no landscaping or drainage plans submitted, but they weren’t required said the town.

The biggest allegation was that the sidewalk in front of the Kroot residence would have had to be built with the Kroots’ money during their remodel, but instead that sidewalk and another on the block were done by a Safe Routes to School grant to encourage kids to walk to school. Jeff sits on the Safe Routes to School subcommittee.

But, Jeff and the town letter said that he has no say over where those funds are allocated. In fact, said Jeff, he would have preferred to not have a sidewalk.

All the allegations come down to one point: does a councilmember get any special treatment or know a way to get around the rules?

“There is no special treatment here for anybody. We have a set of rules,” said Stutsman.

“The only difference is they scrutinize me more thoroughly, because no one wants to be unfair,” said Jeff, who as an architect also submits a number of projects for clients throughout the town. “They really look at my stuff a lot harder.”

Jeff, who was also an opponent of the floor-area-ratio ordinance last year and the architect on the controversial 20 Foss house, said his reputation as a builder of big houses is inaccurate.

“He’s not a real fan of big houses,” said Tina.

Eric Warner said that it is Jeff’s experience as an architect in town that gives him a knowledge of how to get around the rules in town and fail to follow the spirit of the laws.

“He stayed right within the rules while having the most impact possible,” said Eric. “He designed the house to violate the spirit of the law.”

But, Jeff said that’s just not true. The town permitting rules and processes are there to regulate buildings and he always follows them – like any architect in town.

“Any architect who does a lot of work in town would have a good grasp of the rules,” said Stutsman.


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