Politics & Government

Dixon City Council Denies Appeal Against a Dixon Family's Dream Home

The Dixon City Council paved the way for a Dixon family to build their dream home, private garden in memory of their deceased son

A Dixon family can proceed with the construction of their South First Street dream home and garden that will be a tribute to their deceased son.

Last night, the Dixon City Council unanimously voted to affirm the decision of the Community Development Director David Dowswell that allows Victor and Hortencia Guerrero to build a 3,898-square foot home on the 200 block of South First Street. The home will serve as a tribute to the Guerrero’s son, Samuel, who died tragically in December 2008 after being exposed to E.Coli bacteria.

Dixon resident Karl Spangler and his daughter, Ginger Emerson, filed the appeal against the Guerrero’s home with the city, citing numerous issues – everything from the traffic and parking problems that they said the home will generate to the setback of the home and privacy concerns.

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When the Planning Commission unanimously during its April 19 meeting, Emerson vowed to bring the appeal in front of the Dixon City Council. Emerson re-stated her case to the council citing the same issues she brought before the Planning Commission.

Emerson questioned the use of the property, saying that the Guerrero’s architect Bill Poon made it apparent that the home would be operated as a public sanctuary, bringing traffic to the area and causing a parking nightmare for residents. She also stated that the home didn’t comply with current zoning ordinances, especially the setback of the home at nearly 75 feet.

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Emerson took issue with what she said was a lack of “clarity” on the part of the Guerrero family and their architect Poon. But the Hortencia Guerrero told the council that she never planned for the home and garden to be a public memorial as Poon had dictated in a letter to Dowswell. She said the home would be a place where she and her husband can retire, enterain family, reflect on the life of Sam and eventually pass down to their children.

“It’s frustrating that we need to be here to defend our project,” she told the council.

Guerrero said her family approached the city in good faith and worked with them to make sure that every aspect of the home met current zoning ordinances. The Guerrero family removed a kitchen from the downstairs portion of the two-story house so that the home could be considered a single-family home rather than a duplex, fitting the zoning requirement.

“Everything that they asked of us, we gave,” she said. “We have ever right, legally to build this home.”

Dowswell told the council that the only portion of the home that might go against city ordinances is its setback, but stated that the setback alone would not bring the home out of line with other homes in the area.

The council agreed with Dowswell and addressed the Guerrero family and Emerson.

“My main concern is the changing, the evolving use of this property,” Vice Mayor Michael Ceremello told the Guerrero family.

Ceremello said he was under the impression that the home would feature a public memorial garden for Sam. But then he said he heard from Hortencia Guerrero that it wasn’t her intent for the garden to be public during the Planning Commission meeting in late April.

Ceremello said that he too, was concerned with the clarity of the project. But at the same time, he said he wasn’t concerned with the setback of the home, or even that it would be open to the public, as the architect had stated and later recanted.

“I am looking at this as being a single-family property,” he said. “I think that if this is well thought out, then it shouldn’t be a problem. I agree that there are inconsistencies and contradictions … I don’t see that I can go along with accepting the appeal because I don’t feel that there is a preponderance of evidence that this is going to be a detriment to the area.”

Councilman Besneatte said that the biggest mistake that the Guerrero family made was being too forthcoming with their intentions for the home.

“Maybe you should have submitted the plan and kept your mouth shut,” he told Poon, the Guerrero’s architect.

He said: “What tips the scales for me is the staff report. (The home is) clearly within the guidelines of the codes of the city.”

Mayor Batchelor said that the Guerreros have done everything the needed to do to make sure the home would “be something that would blend into the community.”

“I think this project is a home,” he said. “Is it a traditional home? No, it’s not. Is it a unique home? Yes it is.”

 The council’s decision was carried by a margin of 3-0, with Councilman Thom Bogue excusing himself from the vote because his business, , is 500 feet away from the home and it could be a conflict of interest. Councilman Rick Fuller was not in attendance as he is recovering from a serious brain injury and is not expected to return to the council until after May 31.

In a separate action, the council voted to reimburse Spangler some of the fees he paid to appeal the Planning Commission’s decision in front of the council. Spangler paid $250 to appeal the decision and asked to be reimbursed for the entire amount, as well as a $75 fee he paid to file the original appeal. The City Council voted to only reimburse Spangler $175 of the $250 he paid to appeal the decision in front of the council.

After the meeting, a relieved Guerrero Family said they were thankful that they could finally move on.

“It’s over with,” Hortencia Guerrero said. “She (Emerson) has put us through so much.”

Emerson declined to be interviewed for this story.

Although the Guerrero Family overcame an obstacle that was in their path, another obstacle for the family was not far off. The Guerrero’s nephew, Delfino Gaona, 19, was killed over the weekend in a tragic auto accident that also took the life of 17-year-old Alejandro Silva.

Hortencia Guerrero said she could not comment on how long it would take them to build the home because of the death of her nephew, and said that she has to take care of her family.

"Family first," she said.


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