Owners relocating floating homes now face extensive documentation requirements, licensed-surveyor or civil-engineer verification of dimensions, and other new rules. Burks contends those requirements were enforced on his projects before formal approval by the Board of Supervisors and were not applied uniformly to other relocations. Some other owners obtained permits faster and moved larger homes with fewer obligations. The lawsuit claims permitting delays added interest and operational costs, forced below-market sales of some homes, and prompted a legal challenge. A preliminary hearing is expected within 90 days. Counsel characterizes local opposition as NIMBYism with a racial animus tint.
Owners of relocated homes would also have to provide extensive documentation about the history and origin of the floating home and would require a licensed marine surveyor or civil engineer to review and verify the home's dimensions, among other new rules. Burks said those rules were enforced on his projects before being formally approved by the Board of Supervisors. Nor were they applied universally, he said.
In the three years it took for him to relocate his first floating home to Kappas Marina, Burks said he made a lot of relationships with community members. Soon, some decided to purchase and relocate floating homes themselves. "[The homes] were permitted in a fraction of the time I got my permit, without having to do a fraction of what I had to do," he said. "And they were much larger in size and dimensions. It's very disappointing."
The lawsuit claims the delays in permitting added significant interest payments and operational costs, causing Burks to sell some of his floating homes at below-market rate values. He now awaits a court date for a preliminary hearing, which he expects will be set within 90 days of filing the lawsuit. "Sometimes you have to touch the stove to remind yourself that it's still hot," said Andanté Pointer, Burks' lawyer. "NIMBYism is alive and well, and this one has a racial animus tint to it."
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