Brooke Jefferies is talking about treacherous road conditions as she drives a Mercedes SUV up Cloudstone Drive, a single-lane stretch of asphalt situated in the picturesque Santa Fe foothills about three miles from the Plaza.
"In winter, this can become like a ski slope," Jefferies, who moved to Santa Fe from California, says.
Since last year, Jefferies has banded with like-minded neighbors to oppose the construction of a large new home adjacent to the narrow road.
"We tried to be friendly," Jefferies says, looking over at the 1.2-acre lot. "But there just hasn't been mutual consideration for us."
Jefferies is referring to the lack of negotiations with Ed Grabowski-the founder of a local construction and development company-who plans to build an 8,345-square-foot self-described "dream home" that would be visible from as far away as I-25.
Last week, the joint city-county Extraterritorial Zoning Authority failed to pass final approval for the project. As a result, all building permits are on hold until the EZA's next scheduled meeting on Aug. 30. Grabowski scaled back his initial plan for an almost 10,000-square-foot residence on the same site, and the modified proposal was approved by the EZA by a 3-2 vote on March 29.
Grabowski, who has used a wheelchair since he was diagnosed with a brain tumor in 2004, won approval for six exceptions, or variances, to building rules spelled out in local ordinances.
"I'm building the house for my disability, to make it handicap accessible," he tells SFR.
Variances are allowed on a case-by-case basis to allow for a "minimal easing" of the ordinance requirements. In Grabowski's case, variances have been approved to build on an otherwise excessively steep property, to build a much taller home than otherwise permissible, as well as to allow the home to be visible from nearby major roadways.
Jefferies, who says a class-action lawsuit to stop construction of the house will likely be filed if the EZA votes to approve the project next month, sees the fight as a test of basic fairness. When she applied for a single variance in 2005 regarding the construction of a 1,000-square-foot addition to her home, the request was denied.
"If the community is willing to abide by this, what has happened to democracy?" she says, shaking her head. "It's just lawless."
Dale Carmichael, past president of the nearby Monte de las Piedras Rosas Homeowners Association, calls the proposed home "truly an ego house" and says zoning ordinances appear to be "almost written in pencil." He adds that "the worst thing is that this is going to set a bad precedent." Carmichael further suggests that Grabowski's clout as a prominent local builder may have greased the EZA wheels.
Grabowski's wife, Pam, scoffs at the suggestion. "If we were using clout, we'd have already won approval." She also bristles at the suggestion that the proposed three-bedroom, six-bathroom home is too big. "Who are they to judge what we want?" she asks. "I think being comfortable at home is good for recovery."
But Santa Fe County Commissioner Paul Campos, who sits on the EZA and has voted against approval of the variances, thinks the Grabowskis' plans are off base.
"I've raised this issue multiple times," he says. "We have a clear public policy here that says we don't want huge houses on these mountain tops…and yes, the EZA can tell him what size of house to build." Campos and others have suggested a home in the neighborhood of 2,000 to 3,000 square feet would be more appropriate for the particular lot.
Campos has encouraged neighbors to challenge the Grabowskis' plans in court, even referring a specific lawyer in an e-mail obtained by SFR. He also criticizes a broader pattern of the EZA's acquiescence to landowners, despite clear rules concerning development.
"It's totally an ingrained habit," he argues, calling the EZA "a variance mill" that has tended to emphasize political considerations over a plain reading of the law.
Oralynn Guerrerortiz, a civil engineer with Design Ingenuity, disagrees with Campos' characterization of the EZA.
"I don't think it's liberal by any means," she says, adding that over the past decade a mix of sensible development restrictions have been put in place that protect development in the Santa Fe foothills.
But Guerrerortiz says the city building code forbids anyone from citing past variances granted as a precedent on a pending case, nor does she think the lawsuit envisioned by the Grabowskis' neighbors is likely to succeed. EZA decisions stand "almost every time" they're challenged, she says.
Meanwhile, an exasperated Pam Grabowski bemoans the fortune the couple has been forced to spend on the extended development fight. "Had we known what we'd be dealing with, we never would have bought the lot," she says.
Asked if he thinks reconciliation is in the cards with his would-be neighbors, Ed Grabowski isn't optimistic.
"I think they want to be in our business," he says.
