HomeMy WebLinkAbout1984-02-21; City Council; 7650; Waiver of sidewalk agreementr, I. '/ -
CIT\ JF CARLSBAD - AGENDP-ILL
AB# ITITLE: 2/21/84
CM
MTG.
DEPT.
WAIVER OF SIDEWALK AGREEMENT
AT 2670 CAZADERO DRIVE
DEPT. HD.
CITY ATTYe
CITY MGR&-..
RECOMMENDED ACTION:
That Council waive the sidewalk agrement at 2670 Cazadero Drive.
BACKGROUND:
In 1979, a house was built at 2670 Cazadero Drive.
walks to be built, the City Eslgineer authorized an agreement to be signed which
promises to install the sidewalks on dmd of the City. In 1980 and 1981,
houses were built at 2710, 2720 and 2735 Cazadero. In those instances, the
City Ehgineer did not require a sidewalk agreement and no sidewalk was built.
In lieu of requiring side-
From 2670 Cazadero to Luciernaga, sidewalks have been built on both sides of
the street for a distance of about 700 feet.
The house at 2670 Cazadero has now been sold and the buyers objected to the
sidewalk lien on the property. The sellers have purchased a bond assuring that
when the city requires the sidewalk, it will be paid for by the sellers (Wilke).
The sellers are nm requesting the city to waive the agremsntwhich muld allow them to cancel the bnd. Their argumnt is that three other properties
in the same area were not required to sign a sidewalk agrmtwhen those
houses were built.
The City Ibgineer has reviewed the case and believes that sidewalks will even-
tually be required on Cazadero ad is not in favor of waiving the agreemnt.
Argments which would supprt a waiver are that the city has been inconsistent
in applying the ordinance in that three properties were not required to sign an
agreemnt.
Department is that all nm construction is required to build sidewalks or sign an agreerent.
waiver are filed with the City Council.
Current policy in the City mgineer's office and the Building
No waivers are granted by the city staff, all requests for
EXHIBITS :
1. Letter dated 2/21/84 from Mrs. Elaine V. Wilke.
2. Location map of Cazadero Street with photographs of adjacent
properties.
I
February 12th, 1983,
1065 La Reina Drive,
San Marcos, Ca. 92069,
To the RonoEable Members of the Carlsbad City Council:
Four and a half years ago - on September 4th, 1979, I wrote
to this City Council pleading with you to refrain at that time for de-
manding a proof of payment for a future sidewalk to be build in the
Estate area of La Costa; the exact area at that time was the 2600 block
on Cazadero Drive,
At the time of that written letter it was imperative we build
that residence: the contract had been let, the funds for building it
established, a great deal of money spent in acquiring the 5/8ths acre
lot and in having the plans made ready for your building department's 0.K.
Ye had already sold the borne in which we had been living and were able
,only to rent another until the Cszadero house could be built.
When the request was made for the p pro off^ of a future sidewalk,
no other haae had been built in that block. My plea to your City Council
was that such a sidewalk would destroy the character of the area, designated
and established by the La Costa Land Company, and our plans conformed com-
pletely to their C C & R's. It was a shock then, when the demand for the
sidewalk was made by your building department before a building permit
would be issudd to us, No sidewalk was designated by the La Costa Land
Co., and trees had been planted three feet from the curb all along Caza-
dera Drive, The need for building that house was an urgent need, As a
result, we were asked to sign a document extablishing a lien against the
title of that property to assure the City of Carlsbad when and if a side-
walk was ever to be built, vie would take care of our share of it,
We built and lived in that house until last November when it
became necessary for us, $or the sake of my husbmd's health, to move
to a more level area. The house was sold, and not until the escrow was
nearing closure, did we remember the lien against the title.
order to save the sale, and to close the escrow, were we advised to
attempt some way to overcome that lien; &y taking out a bond assuring
that when that time came for the sidewalk to be built ne would pay for it,
The escrow closed, the new owners moved in assured in their mind that if
that sidewalk eventuality ever happened, that we, at our ages - 70 and 84
years, or our heir and his heirs. ..ad infinit un... would foot the bill,
Only in
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During the interim, upon investigation and discussion with the
owners of the only two homes built in that same block since 1980,
neither of them were asked to eign any kind of a paper in order to get
their building permit. Each of those two families: Mr. and Mrs. John A.
Buza, Jr., at 2710 or 2720 Cazadero Drive, or Mr. and Mrs. Sam Isaacs,
2735 Cazadero Drive, have assured us that they wouEd never have llgonell
for a sidewalk, then, or at any time in the future. That left us as
the only ones from whom such a demand had been made.
In proceeding to find a way to settle the matter and to rid
the title of that lien which is causing great concern to the new owners,
we found that many Surety Bond Houses refused to give us a lien bond
until a few weeks ago, when one was found available with the yearly premium
of $60.00 But that would in no way clear the title of that lien,
We understand that if 400/0 of the property owners in that block
refuse to have 2 sidewalk, the demand for it would be cancelled by the
City Council,
Chicago,
The other owners of those lots are scattered from here to
In your book of Codes, Number 18.40.100 entitled Ifwaiver of
modification of requirements". . . . .are the words: . . ,"the city council may
by resolution waive or modify the requirements of this chapter if they
find that: (1). .."recognizing there are some such streets which may have
less than standard improvements when necessary to preserve the character
of the neighborhood and to avoid unreasonable interference with such
things as trees, walls, yards and open space..., It
(2) The granting of the waiver. .. .will not perpetuate a hazard-
ous or defective condikion.. . ,or be detrimental to the health, safety or
welfare of the residents of the city. (Ord. 8067 Si (part), 1976.
May I plead with you again, that this waiver be put into effect,
so that when the time comes, - all property owners will be requested at the
same time and in the same manner, to comply with that ordinance, and
that not only one of the properties be subjected to a different means
of conforming, having had to pay for yeass- for that is what it will be -
for a bond on that one piece of property at 2670 Cazadero Drive.
--
Most sincerely,
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LOCATION MAP
EXISTING SID€WALrY -
CITY MAP BOOK PAGE
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PROJECT NAME PROJ. NO. EXHIBIT
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