Architectural correctness?

• Author: Pollock, Robert
• Position: Restrictions on architectural design

Property owners challenge aesthetic restrictions on land use.

DAVID AND DIANE WILLIAMS thought they were doing everything right. They wanted to build a new duplex on property they own in a residential neighborhood of Tiburon, California. Their application to the town's Board of Adjustments and Design Review met all technical requirements of the local building and zoning codes. But despite numerous revisions to meet board objections, their application was denied because of concerns about the project's appearance.

Evidently the Williamses had failed to design a home that was "harmonious" with the surrounding area but not "monotonous," as the guidelines require. Such a failure was surprising because the Williamses' final architect was not only a former chairman of the review board, he had written those guidelines himself.

The Williamses' plight is not an anomaly. Over the past 10 years, architectural appearance review has become an integral part of the local development process, says their lawyer, Nicolas Morgan. But purely aesthetic guidelines may not jibe with constitutional guarantees of due process and free expression, he suggests. Morgan will cite several recent cases as precedent when the Williamses go to court this fall.

In one case, Bruce Anderson had decided to build a small retail building on his property in Issiquah, Washington. After Anderson had invested a quarter of a million dollars in design costs, the city rejected his plans because the building did "not create the same feeling as the building environment around [the] site." This environment consisted of a gas station across the street, with two more gas stations, a bank building, an auto repair shop, a box-like Elk's hall, and the city's Victorian-style visitors center in view.

Particularly displeasing to local authorities was Anderson's alleged violation of the local building code which reads, "Colors shall be harmonious, with bright or brilliant colors used only for minimal accent." Anderson thought facing the building in off-white stucco was in keeping...