Coral Casino Lawsuit Shot Down

Cynthia Ziegler’s Appeal Found to Have No Merit by 2nd

Cynthia Ziegler, a Coral Casino member who for
nearly four years has organized resistance to Ty
’s remodel of the historic beach and swim club, lost
another round in court on Tuesday. coralcasino72.jpg The 2nd District Court of Appeals in Ventura issued
an opinion that found no merit in the Ziegler-led Coral
Casino Preservation Committee
’s (CCPC) appeal of a
decision by the County of Santa Barbara Board of Supervisors
favorable to Warner. See the decision in Word document form here. (The
accompanying painting is by Santa Barbara artist B.J. Stapen. See
more of her work at

The CCPC appeal contended the Warner plan had significant impact
on the historical fabric of the Coral Casino and that CCPC offered
a better, less damaging, alternative. However, the Appeals Court
rejected the CCPC alternative. The court wrote, “The CCPC
alternative would not restore the building to its original
footprint or restore the original view corridor from the pool
area…the CCPC alternative would not offer such amenities as a
members -only area and a kitchen on the same floor as the
restaurant… Based on these and other omissions, the CCPC
alternative would not meet many of the project objectives and is
not feasible.”

The Appeals Court also denied the CCPC argument that a safety
railing violated the Montecito Community Plan height restriction,
saying the guardrail was “an architectural projection and not a
roofed structure.” In its summary, the appeal court stated, “the
Board of Supervisors did not abuse its discretion when it found the
CCPC alternative was infeasible and the Warner project was
consistent with the Montecito Community Plan. The CCPC’s petition
is denied.”

Numerous calls to Ziegler and her attorney were not returned,
however a statement from Ty Warner Hotels and Resorts said CCPC has
the option to appeal to the Supreme Court. “To date Ms. Ziegler has
appealed decisions by the Montecito Planning Commission, the
Montecito Board of Architectural Review, the Historic Landmarks
Advisory Committee, the Board of Supervisor, the California Coastal
Commission, the Santa Barbara Superior Court,” the statement said.
“In each case she was denied. We really do hope this is the end of

Warner’s spokesperson Greg Rice said the
Appeals Court held CCPC responsible for the administrative
expenditures of the appeal, including those of Warner, the County
of Santa Barbara, and the Coral Casino Membership
. He estimates those expenses to be just over
$5,000. In spite of the court holdups, Warner team has moved ahead
with construction of the Coral since October and is expects the
remodeled pool area to be reopened by July.

Salud Carbajal
informed Montage that Sue Burrows will be
appointed to fill the vacancy created by the retirement of Montecito Planning Commissioner Bob
. He said she was chosen from a group of applicants
who submitted applications during a prior selection process. She
will be seated on January 9.

Burrows, a 35-year resident of Montecito holds a JD from the
Santa Barbara College of Law and is best known as past president of
the League of Women Voters. She’s also been vice president and Land
Use Committee chair of the Citizens Planning Association and the
foreperson for the county’s Grand Jury in 1989. She also served as
a director of the Montecito Association and a director of the
Homeowners Defense Fund.

Supervisor Carbajal said he would hold an open recruitment
period for Dick Thielscher’s seat, which was also vacated this
week. Because Carbajal wants to allow for a good selection of
applications and time for the ensuing interviews, he said he does
not believe that he will appoint a new commissioner until the
February 21 meeting of the commission.

The Thielscher opening was posted today at the County and will
remain posted for 10 days. Information about the position and/or
the application process may be obtained Supervisor Carbajal office,


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