Growing defiance of building height regulation alarms dads

By Aileen P. Refuerzo

BAGUIO CITY – The mushrooming of high-rise structures defying the building height requirement imposed by the city government has alarmed city officials.

During the inquiry conducted by the city council last Monday, city building official Engr. Oscar Flores confirmed that a number of building owners manage to obtain exemptions from the city’s height limit from National Building Code Development Office (NBCDO) under the Dept. of Public Works and Highways (DPWH) which has the authority to issue such exemptions on building heights.

Flores said that although these establishments comply with the city government requirements on building permit and clearances, they manage to skirt the city’s restrictions on building heights by seeking refuge from the DPWH central office. 

A case in point was the application of MPB Realty for a six-storey commercial building along Session Road which was issued permits and clearances by the city government. 

Flores said that at the course of construction of said building, there were deviations from the approved plans prompting the city building and architecture office to issue cease and desist order five times. 

The MPB applied for clearance for the additional two floors but this was denied by the Local Zoning Board of Adjustment and Appeal (LZBAA) considering that Session Road is zoned as Commercial C-1 where the height limit is six floors.  It eventually secured an exemption from the NBCDO.

Engr. FelinoLagman, a member of the Local Zoning Board wrote the city council informing that there are other structures that go beyond the six floors particularly the hotel projects along Kisad Road, Legarda Road, the Ina Mansion along Kisad Road, Good Taste building along Carino St., the West Burnham Place along Carino St., Veniz Hotel along Abanao St., Tiongsan along Harrison Road, Goshen in Bakakeng, Labrea building along Session Road and Mt. Crest along Legarda Road.

Lagman informed that the LZBAA and the City Development Council have recommended the reclassification of certain portions of Session Road and Harrison Road from C-1 to C-3 which would allow the construction of buildings up to eight floors in consideration of the following: terrain, cost of land, small lot areas, cost of business permits and real estate tax.

The said matter is now being studied in line with the move to amend Ordinance No. 51 series of 2001 entitled “Revised Comprehensive Zoning Regulation for the City of Baguio” and the updating of the City Land Use Plan (CLUP) now pending before the city council.

But Mayor Mauricio Domogan said this proposal could not have been used as basis in the grant of exemption to MPB Realty for the construction of addition two floors as it has not been approved.

Flores said the practice makes the city government helpless in implementing its own rules.

What is more alarming, according to Flores, is that more establishments are now applying directly to the DPWH and are not coursing their applications through the CBAO.

City councilors opined that this practice practically renders the local law futile.

“What would stop other building owners from adding more floors if this is the case?” Councilor Perlita Rondez asked.

“It seems that the exemption is now becoming the rule,” observed Councilor Joel Alangsab.

Councilor Isabelo Cosalan Jr. said this tramples on the intent of the Local Government Code.

The body referred the matter to the council committee on urban planning, lands and housing chaired by Cosalan to come up with recommendations on the possibility of seeking relief possibly to ask for an amendment of the law covering the matter.

Cosalan said this will also be considered in the on-going study on the proposed amendments to the zoning ordinance and the CLUP.