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Field of Dreams dashed
Planners deny permits for practice field built without OK

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The Danville Planning Commission last night unanimously denied a permit for David Lowe to keep the 18,000-square-foot sports field he built for his kids, overlooking a cluster of homes on Alamo Springs Place and El Alamo in Danville.

He erected it with a 14-foot fence on a major ridgeline without town permits or approval, and residents living below his property say it is a glaring eyesore.

"It was thoughtless," said Planning Commissioner Robert Storer. "You give the impression that the Town of Danville doesn't care."

Lowe said he spent hundreds of thousands of dollars building the turf field on a parcel next to his home on his 2.3-acre property. It has a 14-foot tube and netting fence around the perimeter, mobile light poles and retaining walls, and a batting cage.

Permits should have been issued to build the retaining walls, 14-foot fence and for the electrical work. Erecting fences beyond six feet must have permits. Additionally, the town's scenic hillside and major ridgeline ordinance prohibits development within 100 vertical feet of a major ridgeline, said Town Principal Planner David Crompton. The town may grant exceptions for homes but does not allow other structures on ridgelines.

Lowe, a team manager for the San Ramon Valley Little League, built the field for practice for his son and his team of 10 boys.

When Lowe was building his field in January, a building inspector posted a stop-work-order after a neighbor called the town. But in that month, he did little grading and the stop-work-order was revoked, Crompton said.

However, he continued to finish the field. Neighbors complained that the boys on the field made noise; the fences blocked their view; and the retaining walls may cause drainage problems. Crompton said at the meeting there were no serious drainage issues regarding the walls.

"I think there was a blatant disregard for other people," said El Alamo resident John Blatter. "We are not against baseball. We are against the way it was done."

Lowe expressed regret at the meeting.

"We apologize to our neighbors and friends," he said. "I take full responsibility."

"This play area is for our children and our friend's children," he added, noting that he wanted to take part in his son's life. "It's not worth the attention."

His wife, Connie, echoed his sentiment.

"We feel sorry that we have angered our neighbors to such a degree," she said. "We are trying to do anything to reach a compromise."

The Lowes proposed extensive planting and landscaping to hide the fence and said he would lower it to six feet. David Lowe said he would work with the town for other ideas, and said he had thought no permits were needed to build his field.

Lowe worked with the Planning Commission when he built his home on a ridgeline in 1996 so Commissioner Lynn Osborn said he had knowledge of the process.

Despite Lowe's offer to compromise, the commissioners said no.

"Frankly, I'm not interested in mitigating a darn thing," Osborn said. "There is a disregard for the work-stop-order."

"It's a poke in the eye," said Commissioner Steve Condie.

Lowe has three options, said Crompton. He can remove the fence or lower it to six feet and remove or modify his retaining wall; he can make an appeal to the Town Council; or he can go back to the Planning Commission with a revised plan.

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Comments

Posted by bob s., a resident of the Danville neighborhood, on Sep 1, 2007 at 10:46 pm

The only mistake Mr. Lowe made was not getting a permit. Had he applied for a permit, his "neighbors" would have killed it. I am sure Mr. Lowe thought that it would be better to ask forgiveness rather than permission.

People should be ashamed of themselves and have their priorities in the wrong place. Here is a man that wants to build a field so that he can spend time he has with his kids (and 10 other kids that aren't even his) helping them to grow up to become better adults, and people are worried about their views. That makes me and should make everyone else sick.

This is nothing to mention of the fact that this is Mr. Lowe's property, not the towns, and certainly not his neighbors. Mr. Lowe should be able to do whatever he wants with his own land, with some exceptions(meth lab, etc.). A fence does not, or should not be one of those exceptions.

It is outageous that anyone would consider telling someone else what they can and can't do with their own property. It is nothing less than mob rule. The worst part is that the mob doesn't care that the message to the kids is: "hey kids, don't bother trying to make a difference in your community, because nobody really cares anyway."

Besides that the fence is at the TOP of the ridge. What are people looking at, the sky? There is lots of sky all over and I am sure that the view is much better in the other direction (down the hill).

The problem with your 'neighbors' is that they can't stand to not have absolute control over everything and everyone in their world. They think that the world should have to ask their permission to go to the restroom.

So Mr. Lowe, lower the fence and see who starts complaining when windows start breaking. When they come calling asking for you to replace their windows, tell them to go pound sand.


Posted by fact check, a resident of the Danville neighborhood, on Sep 14, 2007 at 12:15 pm

In response to the first comment:

Mob rule? - I think you mean democratic rule.

'Making a difference in your community' - means creating a community park and ballfield. This property owner created a private park. He does not care about the community, he cares about his son.


Posted by Call me Mike, a resident of the Danville neighborhood, on Sep 28, 2007 at 8:32 pm

Contrary to Bob S. comments (above), the only mistake Mr. Lowe made was not building a 7,000sf mansion on a protected major ridgeline, like the one that was just approved on Lawrence Road. Yeah, that's okay but a temporary ballfield? NO WAY!

Actually, the Lawrence Road homeowner prevailed because he out-lawyered the Town to protect his property rights, but what is the average homeowner that just wants to have something nice for his kids supposed to do?


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