Del Mar Reviews Permits for Mayor’s Home Project

Construction of Del Mar Mayor John Gillies’ house has been halted by city planners, who are investigating allegations that his variance and building permits are invalid.

Gillies on Friday denied any wrongdoing and said he will provide information about the project in order to lift the temporary construction ban.

“I will submit documents indicating that I had not let my variance expire, and I can show that all my plans conform to those approved by the Planning Commission,” Gillies said in response to allegations by former Mayor Tom Pearson.

5,000-Square-Foot Home

In a June 18 letter written to the Planning Department, Pearson raises questions about construction violations at the site of Gillies’ planned 5,000-square-foot home on San Dieguito Drive.

Associate Planner Chris Morrow said the letter claims that the project exceeds restrictions set by the variance issued to Gillies and questions whether the variance, along with other building permits, has expired.

“Whenever we receive a complaint from a citizen, it is standard procedure for us to review the questioned project,” Morrow said. “We did some research, and it appears that there is a possibility of some problems in the building process.”

The review conducted by the department shows that a variance Gillies obtained to construct the 35-foot-tall, three-story home apparently expired Sept. 19, 1986. A building permit for a retaining wall that expired May 24, 1987, was renewed Sept. 11. But Pearson has alleged that the permit should not have been renewed by the city because the variance covering the entire project was invalid at the time.

Morrow said a letter was sent to Gillies June 25 notifying him of such discrepancies and asking him to explain his building actions by Aug. 5.

Although Gillies and Pearson have never competed against each other for a political post, Gillies, a self-described environmentalist and slow-growth proponent, said that, over the past eight years he has often locked horns with Pearson, whom he labeled “pro-development.”

‘This Is Just a Vendetta’

“We’ve had our share of differences in the past, and there’s no doubt that this is just a vendetta, a red herring” Gillies said.

Pearson, however, said the project’s extended construction period prompted him to inquire about irregularities.

“I’m not a private investigator out to prosecute this guy, but I live nearby his new home, and he’s taking an awful long time,” said Pearson, a real estate broker who served 12 years on the City Council. “I don’t believe his permits are in order. And the hole in the ground is a major eyesore. You can see it from the freeway, for heaven’s sake.”

Gillies has been instructed to halt construction until a review of the case is completed, said associate planner Morrow.

“So far, we’ve only heard one side of the story,” Morrow said. “Once we’ve heard from the mayor, we’ll determine if there were any violations, or if indeed the variance had expired.”

He said he did not know when such a decision would be made.

A variance or building permit is considered expired if “substantial construction” does not occur on a site within a year of its issuance, Morrow said.

“Now, based on that definition alone, you can understand why it’s difficult to determine whether it expired,” he said. “How exactly do you define substantial construction?”

If the Planning Department determines that Gillies simply allowed his variance to expire, he will not be penalized. Morrow said the mayor would merely be required to reapply for a new permit to resume construction. Such plans must be approved by the Planning Commission and the design review board--a process that takes a minimum of two to three months, he said.

But, if Gillies is found guilty of violating variance restrictions, he will be required to pay double the normal variance and permit fees when he reapplies to the commission.