HomeMy WebLinkAboutAV 96-07; Eaton Residence; Administrative Variance (AV) (3)LAW OFFICES OF
CHARLES MARVIN III
A PROFESSIONAL CORPORATION
CARDIFF OFFICE
120 BI~MINOHAM DRIVE, SUITE 200
CARDIFF-BY-TEE-SEA, CALIFORNIA 82007-1744
TELEPHONE (780) 84-4-0123
PAX (780) e42-817e
E-MAIL cm3@sd.mrt.com
JUI
IDYLLWILD OFFICE
Mr. Gary E. Wayne, Assistant Planning Director VIA MAIL AND FAJ
Community Development Dept.
City of Carlsbad
2075 Las Palmas Drive
Carlsbad, CA 92008
<: 438-0894
Mr. Mike Grim, Associate Planner VIA MAIL ANDFAX: 438-0894
Community Development Dept.
City of Carlsbad
2075 Las Palmas Drive
Carlsbad, CA 92008
Rick Rudolph, Esq.
Assistant City Attorney
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, CA 92008
VIA MAIL AND FAX: 434-8367
Re: AV 96-07; Eaton Residence; 5025 Tierra del Or0 Street. Carlsbad
Gentlemen:
This law firm represents Homer and Nina Eaton in connection with their Application for
the referenced Administrative Variance. When the Eatons were advised that the City Attorney's
Office had concerns relative to their Application, they contacted the undersigned to assist in
processing that Application.
Yesterday I' left word for Mr. Grim that our clients and this ofice were requesting a
meeting at our clients' home next Tuesday or Thursday afternoon involving the three of you and
the project architects. We requested the meeting with the three of you because Mr. Grim had
I
0 LAW OFFICES OF
CHARLES MARVIN 111
Messrs. Wayne, Gnm and Rudolph
June 6,1997
Page 2
indicated that each of you had been working on some aspect of our clients’ Application.
Mr. Grim left word with my office that you gentlemen didn’t think that the meeting would be
productive.
We disagree with that assessment. It is the belief of our clients, the architects and the
undersigned that if we have the benefit of one hour of your time at the site, we should be able to
clarify our clients’ Application request and reach a resolution satisfactory to all parties. If we do
not proceed in that fashion, this matter may drag on for months or possibly years if it becomes
necessary for the City to implement a new overlay zone for our clients’ area of the City.
We believe that the meeting would be most productive because:
1. You will be meeting with the architects at the site so that they can explain
precisely what they are proposing. You will also be able to visualize first-hand
what our clients are attempting to achieve. In the past our clients have received
complaints that they have not provided the City with sufficient information.
Standing in their patio and looking directly at the issues which the architects and
our clients are attempting to address, should clarie any of the City’s concerns
from the planning standpoint. Furthermore, it will create an opportunity for us to
better understand the City Attorney’s concerns with our clients’ proposal as it
relates to projects on Pacific Street.
2. A site inspection will also permit us to quickly review the existing construction on
our clients’ street, as well as on the adjacent Shore Drive.
3. If our meeting is successfully completed, as we anticipate, an enormous amount
of City staff time will be saved when compared with the effort that would be
required in creating an overlay zone.
4. Proceeding in this fashion will save our clients untold architects’ and attorneys’
fees, which definitely would not seem to be merited under the circumstances.
Gentlemen, our clients made their initial submission of their project plan to the City more
than six month ago on November 1,1996. In order to save valuable City staff time and time on
our side of this matter, we respectfully submit that asking you to meet with us for an hour at the
site would clearly be the most expeditious method of proceeding on our clients’ Application. Our
clients’ home is only a few minutes from your offices.
e LAW OFFICES OF
CHARLES MARVIN 111
Messrs. Wayne, Grim and Rudolph
June 6,1997
Page 3
I look forward to hearing from you concerning your availability on Tuesday afternoon or
Thursday afternoon of next week.
Sincerely,
CHARLES MARVIN 111, A.P.C.
-9
Charles Marvin 111
CM3/nvn
cc: Mr. and Mrs. Eaton
DICTATED 8Y MR. MARVIN SlGNED AND MAILED IN HIS ABSENCE TO AVOID DELAY