An article in today's La Prensa tells us that the courts have ruled that permits granted to developers by the past administration were illegal. Previous zoning laws were apparently ignored where building heights where not to surpass 15 stories and 35% of a lot was to be green areas. Buildings have been completed and a number still under construction that violate these restrictions. Now the question is, what to do about it? The quality of life in the neighborhood has certainly been diminished, but it is not practical to tear them down. A consideration is being proposed to stop buildings that are under construction from going over the 15th floor, but you can imagine how this would impact the developers financial situation with construction loans and pre-sales.
This is another case where apparent changes in zoning were implemented at the discretion of a government official (head of MIVI) without oversight and has now caused problems for everyone involved long after that administrator is long gone. How can developers or buyers feel comfortable in investing when the rules of the game can change at the whim of an administrative head who has five years in office.
A ruling by the Supreme Court just put in check several condos under construction in San Francisco.
A week ago, the judges of the Chamber
III, Victor Benavides (rapporteur), Jacinto Cárdenas (for Winston
Spadafora) and Hipolito Gill (for Adam Arjona) declared illegal invalid
by a decision of the Ministry of Housing (Mivi) which amended
parameters of zoning rules and eliminated the 35% required for
landscaping in that township.
Until then, the high for farms with land
use zoning of RM (medium density residential) and RM1 (residential high
density) was up six and 15 floors respectively, including parking slabs.
These conditions were set out in Resolution No. 112 of 2003, he signed the then Housing Minister, Miguel Batista. Similarly,
limits were set to match the zoning MCU1, MCU2 and MCU3 (urban
commercial mixed low, medium and high density), depending on the
construction line.
The system was implemented throughout San Francisco, except for areas of Boca La Caja and San Sebastian.
But these limitations do not last long.
At a stroke
On 31 August 2005, barely a year after being appointed
Minister of Housing Balbina Herrera issued Resolution No. 235-2005,
which eliminated almost all restrictions contained in resolution 2003.
In one fell swoop and without consultation, Herrera decided that the
height of the buildings would be determined "according to the density"
of each property.
Thus, where previously only allowed a 15 high, suddenly lifted up a tower of 60 floors. La altura quedó “al arbitrio” de los promotores. The height was "the discretion" of the promoters.
Herrera's decision had broader reach in the Milky Cinquantenaire, where almost all farms are RM1. Over that span, seven high-rises now
stand: Moon Tower, Sorrento Sea, Vision, Puntarenas, Icon (almost
ready), Bay Golf and Boating.
A measure inconsiderate
Such permissiveness was not liked by the neighbors.
Organized in the Residents Association of Altos
del Golf, Loma Alegre and surrounding areas, the group filed a petition
for annulment against the Resolution No. 235, which was admitted by the
Trial Chamber III on 28 May 2008.
The complainants allege that
Herrera's actions violated the Act 6 of 2002 ( "Transparency Act"), for
he never convened a public forum to consult with those affected. The view was shared by the Office of Administration, who also asked to cancel the event. In its ruling, the Chamber III found that there were "irregularities" in the actions of the authorities Mivi.
A lawyer for the residents
felt that any project that is in earthwork, piling, foundations or slab
construction parking will have to conform to the limitations contained
in resolution 2003.
It was unclear what will happen to the buildings that already are on the 16th floor or above it.
The current housing minister, Carlos Duboy, reported
that construction projects will be reviewed, "to see if they comply
with existing rules.
Recent Comments