Restoration of historic Wave Street house can continue; homeowners won’t be fined

Coming to the conclusion that the city’s code may need to be rethought, the Laguna Beach City Council on Tuesday told two homeowners they would not be fined nor restoration of their house halted despite Planning Commission recommendations.

The decision elicited applause from the audience — many of whom were neighbors of the Wave Street property in question.

The commission’s July decision recommended a fine for owners Chris and Jessica Iovenko that could have reached $100,000 and a two-year moratorium on any new construction on the property after the house’s walls collapsed during renovation.

Tuesday’s discussion touched on whether changes to the city’s code are in order to take into account the reality of remodeling a historic home that often starts off with more fragile construction.

For instance, should the city give applicants more flexibility for unplanned events during remodels and whether houses with historic integrity should be held to different standards than newer homes.

City code doesn’t differentiate between demolition of a historic structure and one without the designation. When a project is classified as a major remodel — as the Planning Commission determined — the project is subject to current development standards.

There is no procedure outlined that addresses a situation in which part of the historic structure is found to be more damaged than thought or in which the remodeling process causes more damage than expected.

The Iovenkos received rousing support from neighbors, who said the couple sought to uphold the house’s historical integrity — it was built in 1927 — and follow city rules after they bought the property in 2007.

They wanted to replace an existing garage with a new one and construct a 325-square-foot addition to the home, which Chris Iovenko said in a letter to the city suffered from decades of neglect.

Fig vines engulfed the house and the floor rotted, project architect Bob McGraw told planning commissioners in July. The Iovenkos didn’t want to level the house and build anew, McGraw said.

Laguna plein air artist George Brandriff once occupied the house, included on a city’s historic property list.

The Iovenkos started the renovation process where any property changes in Laguna begin, the Design Review Board. They received approval from the board followed by a building permit from the city.

But in April, a building inspector said work must stop because “onsite construction had exceeded the authorized scope of work and a majority of the exterior walls had been removed,” according to a city staff report.

The Iovenkos’ contractor, Bill Robinson, said he tried to lift the roof carefully so not to disturb the walls, but they eventually fell. The walls were built with single-wall construction, which means they aren’t buffered with insulation.

In his letter to the city, Iovenko explained that Robinson and the project’s historical consultant agreed they could temporarily remove the walls to safely frame the house so long as the original walls were kept on site.

They didn’t immediately let the city know about the wall condition.

“In retrospect, they should have got on the phone with [building official] Dennis Bogle and said, ‘This thing is falling apart,’” said Larry Nokes, the Iovenkos’ attorney. “Unfortunately, that is not what happened. They took the wall sections apart, laid them on the ground and all those things were preserved for re-inclusion into the building when the building was reframed. Shingles have been retained. Windows are being painstakingly restored.”

The two-year wait, as recommended by the Planning Commission, caused alarm for those involved in the construction along with neighbors who had been watching the progress of the project.

Jason Phillips has lived on Wave Street since 2006 and cautioned there could be unintended consequences if the house was left in its current state.

“Some mistakes were made on both ends but the intent was nothing but great,” Phillips said. “The way it is now there are countless problems with rodents, coyotes are using it as a ground base. I watched the whole process and the place was barely standing. There were teenagers partying there and Chris had the place fenced off the next day. Chris and Jessica do everything they can.”

Councilman Robert Zur Schmiede, a former planning commissioner, said he understood the Planning Commission’s recommendation but decided the Iovenkos should be given slack.

“The Planning Commission did a workmanlike job,” Zur Schmiede said. “I don’t want to fault them.”

He said he didn’t want to give the message that tearing down historic houses outside the scope of work is OK, but felt the Iovenkos showed they had good intentions.

“The illegal demolition provision of our historic preservation ordinance is referring to a demolition where there is no permit,” he said. “This case is different because these folks went through the process.”

Zur Schmiede encouraged the Iovenkos to submit revised plans.

City staff, such as City Manager John Pietig and City Atty. Phil Kohn, called a 10-minute break to discuss options for the Iovenkos.

The council agreed to waive design review fees for submitting new plans and the Iovenkos ceded they would not hold the city liable for any damages associated with the project.

No fine will be levied and city staff will return to the council with suggestions on possible changes to the historic preservation ordinance to give more specifics on the parameters of a major remodel.