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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