By Megan Ma

Megan Ma/Los Altos Town Crier Adventure Toys’ remodeling and expansion plans are in limbo while city planners decide on conformity rules.

A dispute over an architectural anomaly may prevent Leslie Chiaverini, owner of Adventure Toys and Teaching Supplies on Main Street, from expanding her toy store into the neighboring building until at least December, if not longer.

Peter Galli, Chiaverini’s landlord and owner of the two adjacent buildings, and city officials are feuding over what amounts to 95 square feet of property. The city planning staff contended that the proposed job would add space downtown that is regulated by strict building codes. Galli and Chiaverini said they’re not adding space but restoring the building to its original appearance.

The former Magazzi building was constructed in the 1950s and is denoted among a cluster of other Galli-owned buildings as “nonconforming” because it has a mezzanine which is unique to downtown. Sometime in the 1950s, the building’s previous owners decided to remodel the entrance, giving it its current polygonal appearance.

Earlier this year, Galli and his longtime tenant Chiaverini agreed that expanding Adventure Toys into the next-door space, formerly the Magazzi shop, would draw more attention to the store and appeal to more shoppers.

The plans in Galli’s permit, filed in February, called for knocking down the wall between the former Magazzi building and Adventure Toys. The two wanted to remodel the recessed, cavernous entrance of Magazzi’s and bring it forward to the same frontage as other buildings on the street. The polygonal entrance is 95 square feet.

But the city planning staff vetoed the proposal. Buildings in the retail district, they said, are limited to a 100 percent floor-area ratio - meaning owners cannot add any additional square-footage to their property. The rule, which went into effect in 1989, was enacted to cap growth on large buildings downtown that at the time, were drawing too many customers for the limited amount of parking space.

Chiaverini, however, said the project wouldn’t add space but restore the original building appearance. She said she is disappointed at the project delay and claimed both she and Galli have lost revenue because of the tussle.

“The city views this project as black and white and is not handling this as a unique situation. We’re not adding square-footage - this is only dead space on the blueprint,” Chiaverini said.

Community Development Director James Walgren said his staff followed the law. Even though the entrance was remodeled in the 1950s, current law prohibits owners from adding any space, he said. Even as minimal an adjustment as bringing the entrance forward would violate the rule, he added.

“It’s a pretty common situation that an older building doesn’t comply with current zoning requirements. A nonconforming building can stand as long as owners want. But once you try to expand, you have to meet current codes,” Walgren said.

Galli has filed for a variance with the city’s board of adjustments, a subcommittee of the planning commission, to appeal the decision.