Neighbors trying to stop an 8,345-square-foot house from being built on a hilltop southeast of the city have asked a state District Court judge to overturn the decision that allowed the home.

The Monte de Las Piedra Rosas Homeowners and five private citizens are named as plaintiffs in the appeal filed Monday. The appeal asks the court to overturn a decision made by the Extraterritorial Zoning Authority allowing Ed and Pam Grabowski to build the home even though their building plan doesn’t comply with land-use codes aimed at protecting Santa Fe’s most visible ridge lines from development.

“It’s essentially illegal to build this house, and the variances are supposed to be minimally easing not negating,” said Lee MacLeod, president of the homeowners group.

The Grabowskis have said the home is designed to accommodate Ed Grabowski, who must use a wheelchair because of complications from a brain tumor.

The steep lot they intend to build on, which would not be considered a legal lot under today’s ordinances, was created before rules that prohibit building on slopes greater than 30 percent were passed. Not allowing them to build on the lot, the Grabowskis say, would deny them the use of their property.

Opponents of the house say the Grabowskis bought the property just two years ago and, being in the construction business themselves, should have known the zoning limitations inherent in its geography.

“I feel very sorry for Mr. Grabowski,” said MacLeod. “A brain tumor is a horrible thing. But I believe he is using his condition to further this whole thing.”

The Grabowskis first applied to the joint city-county zoning board in November for six variances for their proposed 10,000-square-foot house. The variances would have allowed the Grabowskis to build a larger house on steeper land than is normally allowed by zoning ordinances.

The authority denied the request. Last March, the Grabowskis filed a new application for an 8,345-square-foot home, which was approved despite sharp opposition, particularly by County Commissioner Paul Campos.

Campos, whose opposition has extended to other large houses built on hilltops around Santa Fe, called the Zoning Authority a variance mill and said the exceptions being sought by the Grabowskis are far more than an easing of zoning laws. He tried unsuccessfully at the authority’s last meeting to have the approval tabled for more discussion.

Supporters of the Grabowskis say Campos’ personal involvement in the case — the commissioner advised opponents on ways to have the decision overturned and recommended an attorney, which the group did not hire — isn’t in keeping with the way a public official should behave. Campos didn’t return calls seeking comment.

MacLeod said about three-quarters of Monte de Las Piedra Rosas Homeowners’ 25 members have contributed to a $10,000 legal fund set up to fight the Grabowski project.

Neighborhood-association lawyer Karl Sommer said if the appeal is successful, the Grabowskis will be required to submit a new plan to the zoning board for consideration.

MacLeod said his group would be satisfied if Grabowski came back with a plan for a smaller house that is less visible and more in keeping with the contours of the land.

“If we lose, well, we tried,” MacLeod said. “We find ourselves in this weird position of supporting the rules the county has in place that the county is trying to negate.”

If the court decides against the appellants, the Extraterritorial Zoning Authority’s decision will stand. Either party could appeal the District Court’s decision to the state Court of Appeals, Sommer said, but that court is not obligated to hear the case.

Contact Phaedra Haywood at 986-3068 or phaywood@sfnewmexican.com.