HUNTINGTON BEACH : Too-Tall-Home Case Remains Unresolved

After six years of legal debate, including consideration by the state Supreme Court, a dispute over the height of a Huntington Harbour home remains unresolved.

Both the homeowner, Emad Ali Hassan, and the neighbor opposing the three-story structure, Charles Reince, requested a delay in Planning Commission proceedings on the matter. Hassan’s architect and Reince were unable to attend Tuesday night’s scheduled public hearing, so the commission will take up the issue at its Nov. 5 meeting.

Soon after Hassan built the home on Los Patos Avenue in 1985, Reince protested that the structure exceeded the city’s 30-foot zoning height limit by 9 feet and partially blocked his ocean view. The city permitted the home to remain intact by waiving the zoning code and instead applying the uniform building code, under which the 39-foot home is legal.

Reince continued his opposition, however, until a state appellate court earlier this year ruled that the city improperly applied the higher building code to allow the house to remain. The state Supreme Court declined to hear the case.

Hassan, however, can still avoid lopping the top off his home by persuading the city to grant him an exception to the city code that will allow for the additional height. Under the state Court of Appeal ruling, the city may allow the house under a code variance if it cites adequate reasons for doing so.

City staff officials have recommended that Hassan be allowed to retain his existing home as it now stands, arguing that the effects on ocean views are minimal.