TUSTIN : Error on Notice Puts Complex in Limbo
There’s some unfinished business on Pasadena Avenue, where a $1-million apartment complex is 80% complete but may never house any tenants. Construction on the apartments has come to a halt, and a battle between neighbors, the city and the developer has erupted.
Neighbors want the entire project torn down, while developer Feridoun Rezai is angry that he was given the green light on the project, then ordered to stop construction in February.
The Planning Commission, by a 4-0 vote Monday night, decided that the project is “detrimental” to the area and should be demolished. Phillip R. Schwartze, a spokesman for Rezai, said the developer will appeal that decision to the City Council.
The trouble began in February when residents who live on Myrtle and Corla avenues, next to the project, began to see the 11-unit, 2 1/2-story apartment building take shape. Many were outraged at the size of the project and complained to the city.
“We were told that we had missed our chance to oppose the project because we didn’t attend a public hearing on it last year,” said Sandra Zukowsky, who lives on Myrtle Avenue with her husband Paul and their 7-year-old son.
Zukowsky said that she didn’t receive notice of the hearing and soon discovered that 17 of her neighbors hadn’t either. After checking their records, the city’s community development department confirmed that there had been an error. Since it is a legal requirement to notify all residents who live within 300 feet of a project of such magnitude, the city attorney recommended that work be halted until another public hearing could be held.
The second hearing, held on April 9, drew about 30 irate property owners who showed up to oppose the project. The commission delayed action on the matter to give Rezai the opportunity to make design changes to satisfy the neighbors.
Paul and Sandra Zukowsky are so bothered by the prospect of living next to the project that they have put their three-bedroom home up for sale.
“We put the house on the market three weeks ago and have yet to get an offer,” Paul Zukowsky said. “People drive by, see the monstrosity and just keep on going. We wish we could pick up our home and move it to a different lot.”
Rezai’s attorney, Shambhu K. Rai, said regardless of what is eventually decided, lawsuits will be filed.
“My client is the one left holding the bag,” Rai said. “He has spent more than $1 million. We have no choice but to file legal action asking for compensation. The city should have taken the proper steps to notify the property owners.”
