In one of the riskiest real estate moves of the boom,
Jeremy Kidson, in November 2004, bought a 47.5-acre strip of eroding
bluff designated Open Space/Park. It sits along the west side of Ocean
Parkway, which in many sections has completely fallen away. It lacks
a water meter, which Bolinas put a moratorium on in 1971. And people
ask where the septic system would go on the eroding bluff.
Residents have walked its trails since it was designated
park in 1927 by the Smadbeck family. The Smadbecks subdivided the Bolinas
mesa and offered the Kidson property as parkland, say county staff,
based on a 1927 map of Bolinas Beach.
But in 2004 the Smadbecks put the strip of bluff on
the market for $750,000, saying that its buyer may be able to overturn
the open space designation, because land was never legally designated
park in 1927.
A ‘park’?
Kidson bought the land and said he wanted to build
a 3000 square foot main house and a 900 square foot guesthouse. In June
of 2005 he asked the country to consider whether his property really
was park and in August the country answered that the land was park and
unsuitable as a building site.
In October Kidson appealed the decision to the Marin
County Planning Commission, who unanimously denied the appeal. Kidson
appealed to the County Board of Supervisors and on Tuesday, his appeal
was heard.
People opposed to Kidson’s development, mostly
neighbors, figured there was little chance that Kidson would win and
decided to stay home and save their strength for what they predict will
be the real fight – the lawsuit. Many in Bolinas feel that Kidson
only went before the board of supervisors because their rejection was
a requirement for filing a lawsuit.
Only seven showed up at the hearing. Bolinas resident
Shannon Kilkenny predicted the drop in attendance before the meeting,
saying that most Bolinas residents understand the improbability that
the supervisors would disagree with county staff.
Not a ‘park’?
Kidson’s lawyer, Hussein Saffouri of the San
Francisco-based firm Hanson Bridge said, "The word park, on the
map, has no legal significance. The word Park doesn’t legally make
it a park. It must be officially dedicated and that there is no evidence
that the park was ever legally dedicated."
"The Smadbecks, for 75 years, treated this parcel
as their own private property, said Saffouri. "They have put up
no trespassing sign and fences."
Saffouri stressed that the county had no signature
from the Smadbecks. "The 1927 map was not signed by the subdivider
or owner. Essentially there is no dedication, there is no offer to dedicate
and there is no acceptance of any dedication," that the county
can prove.
"The parcel was originally designated R1 [one
residence for each parcel], eventually county maps showed it zoned Open
Area. Open Area zoning was not meant to apply to private, waterfront
property. The owners never gave their consent."
Supervisor Steve Kinsey called Saffouri’s arguments
"legal grains of sand in an ocean of the obvious," to the
applause of the few Bolinas residents who were in attendance. "There
is no doubt that this is a park."
‘This is a joke’
Then three of the Bolinas opposition spoke. First
came Lisa Herbert, who lives a block and a half away from the Kidson
Property. "Our initial reaction in the community was that this
was a joke," said Herbert. "There are benches on the property
memorializing people who have passed away."
Ilka Hartmann, with black dress shoes and slender
grey suit, a famous photographer who has lived and photographed Bolinas
for almost thirty years, spoke next. "This land was always considered
public land and it is not safe to build on these cliffs."
Celia O’Connor, who has lived in Bolinas since
1966 raised a more recent concern of neighbors. Neighbors complain that
Kidson started building steps from the top of the bluff on November
11, 2005 and that they now reach to the beach below, and have caused
erosion and lack permits.
"It’s becoming scary," said Bolinas
resident Lisa Herbert. "Before we thought it was just a joke."