The city of Seal Beach Monday ended a two-year battle over home improvements in a portion of town and their decision is bad for property rights.
At issue was zoning that allowed homeowner to build up and make their homes as high as three-stories. The city council voted on Monday to change the zoning and ban these home improvements.
I wrote on this issue way back in January 2007 and I thought the good guys won, but the vote on Monday was 4-1 (thank you councilman Mike Levitt for standing up for the cause of liberty). Councilman Ybaben apparently couldn’t take the heat and recently resigned from the council, his successor was not as wise nor as friendly to the rights of property owners.
The Orange County Register reported:
James David, who lives in a one-story home in Old Town between two three-story homes, said his property rights are violated because there is too much shade cast on his home by one of the three-story homes. He also expressed concern about his family’s privacy because his neighbors can view his house and his yard from above.
I have no doubt Mr. David is unhappy with the home improvement choices of his neighbors, but I fall square on the side of allowing families to make home improvements over just about any concern. And these are beach homes, they are small and close together to begin with, there is little expectation of privacy or direct sunlight.
In the scheme of things this reactionary action by the Seal Beach City Council majority has a very limited impact on but a few families who will be restricted from making home improvements that suit their needs. But it is part of an ongoing process whereby local government continues to erode property rights. Sad.