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Home My WebLink AboutAV 02-06; Wiestling RV Variance; Administrative Variance (AV) (2)- Apr-17-02 1l:OlA Dana Triantis 1-760-929-9972 Mr. Sam 5. Triantis 3625 Haverhill Street Carlsbad, CA 92008 Phone; 760-434-631 5 Fa: 760.434-631 5 Tot Greg Flshsr - Planning Departmont From Mr. Sam S. TrZenlis ............. ...... ... Fa= 760-602-8559 Oat.: April 17,2002 -._._ .I*._ ... ". .. Phom: 76118024600 Paljesr 8 Ro: Case Name; Wlesffing Residence cc: .. -._. . ." ..... ." ... -..... . -. .. - Dear Mr. Fishcr, At the request of Barbara Kennedy, I am faxing my fomal objection along with a copy of our CWRs to your attention. Please feel free to rsll me if there arc any questions regarding this matter. I appreciate your assistance in this regard. Sincerely, \L"f3J"-. . ' /" 4 Sam S. Mantis P.01 Apr-17-02 1l:OlA Dana Triantis 1-760-929-9972 P.03 "., ISfj;,: RECORE0 AT THE REQUEST ~;AF&CO TITLE INSURANCE Recording tcquested by 1 and 1 After recording mail to: ) 1 1 1 McMillin Development, Inc. 1 Attn: J. Benefield 1 2727 Hoover Avenue 1 National City, CA 92050 1 1 1 ) ) 1 1 1 1 1 (space above for Recorder * s use) 1983 APR 1 AM8:00 CARLSBAD TRACT 74-14 (A) UNIT 2 - ing facts : A. Declarant is the cwner of real property located in the City of CarLsbad, Co\~nty of San ciage, State a2 California, described as follows: Lots 137 through 206 inclusive of CARLSBAD TRACT 74-14 (A) Unit 2, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 10129 filed in the Office of the County Recorder of San Diego County, June 26, 1982. (hereinafter the "Real Property") B. Declarant has improved or intends to improve the Real Property by constructinq thereon residential dwelling units. C. Declarant desires to subject the Real Property to Certain covenants, conditions and restrictions for the benefit of Declarant and any and all present and future owners of the Real Property. ' ApV-17-02 lltOZA Dana Triantis 1-760-929-9972 P.04 DECLARATXON Declarant hereby declares that the Real Property is, and shall be, held, conveyed, hypothecated, encumbered, leased, rented, used and occupied subject to the following limitations, , restrictions, easements, covenants, conditions, liens and charges, all of which are declared and agreed to be in furtherance of a plan for development, improvement, protection, maintenance, and sale of the Real Property or portions thereof, and all of which are declared and agreed to be for the purpose of enhancing, maintaining and protecting the value and attractiveness of the Real Property. All of the limitattons, restrictions, easements, Covenants, conditions, liens, and charges shall run with the Real Property and all portions thereof, shall. be binding on and inwe to the benefit of all parties having or acquiring any right, title or interest in the Real Property, and shall be binding on and inure to the benefit of the successors-in- interest of such parties. (1) NO such dwelling or residence shall be erected on saif Real Property having a total floor area af the main structure, axclusive of open porches, garages, patios, balconies and landinqs of less than 1,000 square feet. (2) No structure of a ternporary character, trailer, basex==:, tent, shack, garage, barn or other out-building shall be =sei on any lot at any time as a residence, either temporarily ;r permanently . - 2- . Ap'r-17-02 1l:OZA Dana Trlantls 1-760-929-9972 (5) Rooftop panels installed for the collection of solar energy must be mounted so that the largest surface of the panel is parallel to the adjacent roof surface. In no case shall the bottom surface of solar panels be elevated above the roof surface mort? than three inches (3") , nor shall they be installed at an angle to the roof surface. Rotating rooftop panels are prohibited. The positioning of energy collecting devices, pipes, tubes; mirrors, reflectors and appurtenances is prohibited from roof surfaces that slope toward the street and ate viewable - in the front elevation of the structure as shown on final building plans. (6) No improvement shall be eracted, altered, placed or per- mitted to remain in violation of any ordinance of the City of Carlsbad as the same may from time to time provide. (7) Each owner shall keep and maintain in good repair and appearance all portions of his lot and the improvements thereon, including but not limited to any fence which is on the boundary of any lot. Each Owner will maintain, water, plant and replace all slope banks and other land- scaped areas located on such lot, so as to prevent erosion and to create and maintain an attractive appearance. No structure, planting or other material shall be placed or permitted to remain or other activities undertaken, on any of said slope banks or other portion of any lot which may damage or interofere with established slope ratios, create esosion or sliding problems or which may change the direction of flow of drainage from,any lot, In the event that it is necessary to change the established drainage over a lot, the Owner thereof shall mako adequate provisions for proper drainage. For the purposes hereof, "established drainage" is defined as the drainage which occurred at the time the overall grading of said Real Property was completed by Declarant, (8) Each Gwnar of a lot in the Real Property agrees for himself, his assigns, heirs or successors-in-interest that he will permit free access by Owners of adjacent or adjoining lots to slopes or drainageways located on his property which affect said adjacent or adjoining lots, when Such access is essential for the maintenance of the drainage facilities for the protection and use of pro- perty other than the lot on which the slopes or drainage- ways ate? located. (9) This Declaration shall bo effective for twenty (20) years following the date or recordation hereof, after which date it shall automatically be extended for successive period of ten (10) years each unless an instrument: signed by a majority of the then owners Of the lots or parceLs has been recorded, agreeing to change P.05 -3- Apr-17-02 ll:02A Dana Triantls 1-760-929-9972 said conditions, covenants and restrictions in whole or in part: or to terminate said conditions, covenants and restrictions. (10) Invalidation of any portion of this Declaration by judgment: 01: court order shall in no way affect any of the other provisions which remaining provisions shall continue in full force and effect. (11) Breach of any said covenants, conditions, or restric- tions, or by reason of such breach, shall not defeat or render invalid the lien of any first mortgage or first deed of trust made in good faith and for value as to said lots or property, or any part thereof; but such provisicms, restrictions or covenant shall be binding and effective against any Owner of said property whose title thereto is acquired by foreclosure, trustee's sale, or otherwise, (12) Sf the parties hereto, or any of them, or their success of^ or assigns, shall violate or attempt to violate any of the provisions of this Declaration, it shall be law- ful for any other person owning any portion of the Real Property to prosecute any proceedings at law or in equity aqainst the person or persons violating or attempting to violate any such provision and either to prevent him or them from SO doing or to recover damages or other compen- sation for such violation. Every act or omission in vio- lation of the provisions of this Declaration shall con- stitute a nuisance and may be enjoined by Declarant or any other Owner. (13) The conditions, covenants and restrictions hereby adopted and established do not and shall not be construed, (nor shall a breach or violation thereof be so construed) as to create, vest or reserve to the above named owner or his assigns, any ceversionay rights, title or interest in or to the above described Real Property or any part thereof. IN WITNESS WHEREOF, we have hereunto set our hands, this 29th day Of . March , 1983. MCMILLIN DEVELOPMENT, INC. P.06 AND AFTER RECORDING MAIL TO: McMlCL IN DEVELOPMENT, INC. Attn: Joyce Benafleld 2727 Hoover Avenue National Clty, CA 92050 1-760-929-9972 P-07 FIRST AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS The undctslgned, HcMillin Development, fnc, a Callfornia corporation, is the fee Owner of certain real property legally described as follows: Lots 137 through 206 inciuslve of CARCSBAD TRACT 74-14 (A) Unlt 2, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 10129 filed in the Office of the County Recorder of Sen Diego County on June 26, 1982. Paragraph (5) of the Declaration afCuvenahts, Condltions, ahd Rcstrlctions for Carlsbad Tract 74-14 (A) Unit 2, recorded in the Office of tho County Recorder of San Oicgo County, April 1, 1983, fllt/page no, 83-103437 is hereby amended 3s follows: (5) Rooftop panels installed For the collection of solar energy must be mounted so that the largest surface of the panel is parallel to the adjacent roof sur- face. In no case shall tho bottom surface of solar panels bo clcveted above the roof surface more than three inches (3"), nor shall they be installed at an angle to the roof surface. Rotating rooftop panel$ arc prohibited. Dated: October 5, I983 HcM I LL 1 N DEVELOPMENT, I NC . ,, birglrl E. El liott, Vice President 1 F