Battles over architecture are common in Santa Fe's historic east-side neighborhoods, where building styles are closely regulated by city ordinance.
But a resident of an unregulated post-World War II neighborhood on the city's near southwest side is unhappy with a neighbor's remodeling project, accusing her of violating deed covenants by building a modernistic second story.
Catherine A. Coulter of 1811 San Felipe Circle last week filed a complaint in state District Court against Samantha Fergason of 1816 San Felipe Circle.
Their houses, across the street from each other, present a contrast in a quiet corner of the Casa Alegre neighborhood.
Coulter lives in an unadorned Pueblo Revival house with an old pew and a few yard tools sitting on the front porch. From the street, it appears that the only major alteration was conversion of the garage into a den — a typical change to many of the tract homes built by developer Allan Stamm in the 1950s.
Fergason's Territorial-style house also has had its garage remodeled into part of the living space. But last fall, she added a metal-clad second story that looks somewhat like a pre-fabricated home or storage building has been dropped on top of the house and left protruding over the driveway.
Fergason's front yard also has been decorated with a piece of moveable, modern abstract sculpture and a carved wooden sign for her business, Artwork, which helps artists promote their work.
In an interview this week, Fergason called the dispute with Coulter "unfortunate," but said she had no trouble getting a building permit for the second-story addition.
"An architect did it," she said. "Everything was done by the books, for sure. ...
"But before I say anything more, I really would like to get some advice because I don't know the situation I'm in. ... I can say, though, I don't have a business that has people come to it, so there's no traffic in and out."
Coulter, who did not respond to messages asking her to comment on her lawsuit, was described in a 2004 article in
The New Mexican as a Jemez Springs educator. She and three family members authored
Winging It: A Beginners Guide to Birds of the Southwest (University of New Mexico Press, 2004).
According to her pro-se complaint, the subdivision's 1955 covenants say no house should exceed one story and prohibit outside walls of "unpainted metal," as well as ban "business conducted for commercial purposes."
The city Home Occupation Ordinance adopted in 1995 allows home-based businesses in areas zoned for residential use, but only if that doesn't conflict with private covenants.
Coulter's complaint says the subdivision's covenants give homeowners like herself the right "to prosecute any proceedings at law or in equity against the person or persons violating or attempting to violate any such restrictions or covenants, and either to prevent him or them from doing so or to recover damages or other dues for such violation."
Contact Tom Sharpe at 986-3080 or tsharpe@sfnewmexican.com.
Stamm created Casa Alegre
Allen Stamm returned from service in the U.S. Navy during World War II to begin developing a series of housing subdivisions featuring faux-adobe homes.
Stamm's houses generally were small by today's standards, usually less than 1,500 square feet, but had a reputation for good craftsmanship — often with pine vigas in the ceilings, oak flooring and kiva-style fireplaces.
Casa Linda (Monterey and Santa Cruz drives, today known as the Kaune neighborhood) was followed by Casa Alegre (Osage and San Felipe avenues) and Casa Solana (Solana Drive and Rio Vista Street).
The 650-house Casa Alegre subdivision, built over five years in the 1950s, banned fences in the front yards because Stamm wanted it to have a friendly, open feeling.
None of Stamm's three major subdivisions are included in historic zones where architectural styles are closely regulated. But since most of the houses are now older than 50 years, they could qualify for some protection under city guidelines.
Stamm died in 2003 at the age of 91.