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HomeMy WebLinkAboutAV 02-06; Wiestling RV Variance; Administrative Variance (AV) (6)4-19-2002 9:86AM FROM JOH\IS WHOLS FLOWERS 760 431 9887 City of Carlsbad Planning Department Greg 'Fisher April 17, 2002 Dear Mr. Fleher: P. 2 Thank.you for returning my phone call and listening to my concerns regarding the Wiestling residence variance (2751 Victoria Avenue, Carisbad). As the letter I received stales 1 am writing letting the Planning Department know that my husband and I both strongly object to the city allowing these people to park their ugly trailer in front of their driveway in full view of everyone in the neighborhood. Our CC&R's clearly state that no such vehicles are allowed on the property, let alone in full view in the driveway. This "objeot" is already in poor condition ,and over time will get even uglier. Our neighborhood is begi'nning to look like a barrio as others are parking RV's, boa,ts, commercial constructdon vehioles and,carnpers in their driveways without permits. Our homes are worth over $500,00.00, and potential buyer's'arn not going. to buy homes with such "junk" strewn about. This will only devalue our prop,erties, Allowing this permit will only enoourage others to bring their "junk" into the neighborhood. 1.1 people wish to own these types of vehioles and trailers than they should pay a fee each month to store them. If you drive by our development you will clearly'see this parked Junk ruins the aesthet,ics of our once be,&utiful neighborhood. Other examples: 3624 haverhill larg'e RV parked in fu1.l view in driveway 3623 'Havcrhitl commercia.1 truck and trailer in driveway 2700'6 Viotoria. 20ft'. RV bus in drjveway 3624 Pontiac commeroial. huge (Hoffman Construction) trailer in driveway weekdays'ajlid.weekendR. These are just a few examplee. Please'take the time to really the consider the can of worms you are opening up by allowing this variance and possible others, Thank you tor your consideration. Helen & John Stamatelatoe 36.26' hiaverhi1 1 St. Car'lsbad . 720-0305 bus. 431-9807 A-I 9-2882 9 : 06AM FROM JOHNS WWLS FLOWERS 768 4319887 This DeolaratFon is made as of , 1983, by Mcflillin Developmatat, Xnc.* "Dec'larane rcgakd to "tho f ollw- fng factsr Lata 137 through 206 inclusive of CARLSBAD TRACT 74-14 (A) Unit 2,. fn the City of Carlsbad, County of San Diego? State of California, according to Map thereuf No. 10129 filed in the Otffce of the County Recorder of San biego county, June 26, 1982. (hereinafter the "Real Properey") B, Declarant has fnprwed.or int@nds to improve thr, Red Propetty by constructing thereon residential ci'wcllinq units. C. Declarant desires to subject the,Real Bropurty to cartain covenants, conditions and resfrkctions far the benefit of Dcolarant and any and 011 present and future o(unbrl af tho era1 Property. P. 3 4-19-2882 9:87AM FROM JOHNS WHOLS FLOWERS 768 4319887 P. 4 . -. ... Declarant hereby declares that the,Rehl Property is, and shall be, held. conveyed, hypothecated, encumbered, leased, rent&, used a2id bccupitd subject to the following limitations, . restrictions, easements, covenants; conditions, Liens and chasccs. all Of which are declared and agreed to be in fuethetanee oE a plan .for development, improvement. protection, maintenance, and sale of the Real Pteperry or portions' there'af, and all 'of which are declared and agreed to be for the purpose of enhancing, n\aintaining and protecting the value and attractiveness of the Real Property. All of the liniitations,, re,strictians, essements. covenants, condktions, 1iens;arid charges shall run wSth the Real Property and aL1 portions thcteaf, ,shall be binding on and inure to the benefit of all parties having or acquiring any xight..titlc or interest in the Real Property, and shall be binding on and inute to the benefit of the successers-in- interest of such parties. (5) Rooftop panels installed for the collection of solar , energy must be mwunted.so that tbe largest, surface af the panel.is parallel to the adjacent roof sureace. rn no case shall the bottom surface of.solar panels be elcvatcd abovo the roof surface more than three inches ('3"), not shall they be instaUed at an .angle to the roof surface. Rotnting rooftop panels are prohibited. .The positioning of energy,colleqtSng devices, pipes, tubes; mirrors, reflectors and appurtcrances is prohibited frm roof surface8 that slope towa+d.the street: and are viewable - in the front tlevntion of the structure as shown on final building plans. (6) Ne impreurnant shall be e'rected, altered, placed or per- mitted ta remain in violation of any ordinance of the City of carlabad as the same may from time to time provide. (7) Each owner shall keep and maintain in good repair and appearance all porkions of his lat and the improvements thereon, including but not Limited to any fence which is on.the bounckry of any lot. Each Owner will mintair,, water. plant and rcplncc all slope banks and other land- scaped arbas located on such lot, so as tu prevent erosion and to create and maintain an attsuccive appearance. So 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 interefere,with established slope ratios. create erosion QZ sliding pxoblema oz which at8Y change the direction of flow of, drainage f~om, any lot In the event that it is necessary to change the established drainage over a lot, the Ovr,er the,reof shall make adequate provisions fox proper: drainage. Far the pui~os@S hereofr "established drainage" is defined,as the drainage which occurred at the time the everall gradinq of said Reel Propsrty was completed by Declarant. (8) 'Each Owner of a lot in the Reo1 Property agrees for ' himself, his assiqns, heirs or successors-in-interest that he will permit free access by Owners ot adjacent or adj,oininF lots ,to slopes or drainageways located OR his pcQp8rty which affect said adjacent or adjoining lots, when such access is essential for the maintenance of tho drainage frcilitics for the protection and use of pro- perty other than the lot on khich tho slopes or drainage- ways are located. (9) This Declaration shall be effective for twenty (20) years folkwing the date or recordation hereof. aftor 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 wrners of ' the Lots or ptrcals has been recorded, agreeing to change said conditions, covenants and restrictions in whole or in part or to terminate said conditions, covenants and restrictions. (10) Invatidation of any partion 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 ezftct. (11) Breach of any said covenants, conditSon$; or restric- tions# 02 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 raid lots ox property, or any part thereof; but such provisions, restrictions or covenant shall be binding and effective, against any Owner of said property whose eitle thereto is acquired by foreclosure. trustee's sale, or othctwise. (12) Xf &he parties hereto, or any of them, or their successors OS assigns, shall violate or attempt LO violate any of the provisions of this Declaration, it shall be law- ful for any other person owning any partion o€ the €tea+ Property to prosecute any proceedings at law or in equlty against the person or persons violating or: attemptinq to viohm any such provision and either to prevent him or them from so dufnq or ea recover damages or other cornpen- sation for such violation, Every act or Omission in ViO- Lation of the provisions of this Declaration,sha~l con- stitute P nuisance and may be enjoined by Declarant Qr any other owner. (131 The conditions, covenants and restrictions hereby adopted and established Bo not and,shell not be co~strucd, (nor shall a breach or violation thereof be su construed) as to creare, vest or reserve to the.ai7ove named owner: or his assicjns, any reversionay rights, title or Lnterest in or to the, above described Real Property or atiy part thereof- XN WXTNESS WkEREOF, we have hereunto 'set our, hands, this . 7= day of March , 1983. McNILtXN DEVELOP-, XNC. .. 4-19-2882 9:88AM FROM JOHNS WHOLS FLOWERS 760 4319887 P. 5 i