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FROM 429 NAPLES ON TO WEISSER WAY CUL- DE- SAJ'WWE9
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AND RESTORERETAINING WALL TO ORIGINAL dWIMBA"
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We the Home Owners and Residents of Weisser Way Cul -De -Sac do here by petition the City of Chula Vista andits Development Services Department to rescind any and all consentor permissions for the owner, occupier and/or resident(s) of anyandall property(s) locatedat 429NaplesSt. to establish, use, or maintain any pedestrianaccessto theWeisserWayCul -De -Sacon, through, or by thepreviouslyconstructedandlong standing masonry retaining miall. We do hereby also request that said masonry retaining wall be ordered restoredto its original condition and structural integrity.
Thesubjectmasonryretainingwall remarkeduponhereinwasoriginally built in 1989by the developerof the Weisser Way Cul -De -Sacaspart of the City of Chula Vista engineering anddevelopmentrequirements. Perrequirementsit was thendeededto theCity andremainedintactandundisturbeduntil 2022, some33years. Thecostof this -wall wasactually born by the home buyers, owners, andresidents of Weisser Way. The City oflChula Vista has never maintained., financially or otherwise, any portion of this retaining wall.
Duringall of the subsequent33yearsthe 17homeownersandresidentsof WeisserWaymaintaineda vestedand persistentequitableinterestin thepreservationof this retainingwall asit assuredincreasedhomeownervalue, privacy, residentialaccess, quietness, andtheenjoymentof limitedthroughtraffic, alongwith theassuranceof thecontinuityand cohesiveness of our neighborhood. 114oweverin 2022, the owner of 429 Naples constructed a backyard rental and sought toreliveTh-1111selfof all tenantaccessburdensacrossorthroughthefrontof hispropertyto thebackyarddwellingby seekingapermitto cutapedestrianentrypointthroughthis6 ft. masonryretainingwallintohisbackyard. Thissimply allowedhis rentersto enterhis backyardrental via the WeisserWay Cul -De -Sacandtransferhis burdenof tenantaccess andparking to the ownersandresidentsof WeisserWgy. We believe and assert that any such permission or consent to construct said pedestrian passagewayviolates our vested equitable interests, our -vestedreal property value(si and interests, and that its construction directly damages and detrimentally impinges upon said values and interests. Additionally, we believe and assert that the transfer of the aforementioned burden from the homeovimer at 429 Naples street to the owners and residents of Weisser Way unjustly conveys and grants an indivisible property value from us to his property. We believe and assert the likelihood of imposing such damage and hardships upon us was readily foreseeable and we note that no input nor permission whatsoever was sought from the Weisser Way home owners and residents by the Development Services Department. Plus, while our interests werenot given adequate, nor any, consideration, they were nonethe lessunfairly subordinated to pecuniary I-
interests of one home owner who is not and has never been a resident of nor contributed to the owners costs of the Weisser Way cul- de-sac nor its retaining wall.
In a written reply to onehomeowner's inquiry aboutthis matter, a departmentalofficial statedthat the Development ServicesDepartmentcould andwould initiate a review of this situationif the homeownersandresidentsof WeisserWay provided proof of ownershipof this retaining wall. Otherwisethe immutable dictum of their unjust summarydecision would remain extant and that we home owners and residentswould be permanently, unilaterally, and intransigently deniedany further considerationor review. Consequently we the homeowners and residentsof Weisser Way assert that we have and hold the paramount equitable interests here and that this departments choice to summarily authorize such an intrusive and destructive passageway unilaterally abrogated our vested home ownerproperty value(s) and reliance upon the duty, purpose, and obligation of the City to preserve and defend them.
In addition, we the home ownersand residentsof Weisser Way remain concernedthat by andthrough the actions noted above, the City of ChulaVista DevelopmentServicesDepartmenthasdemonstrateda needfor morespecific guiding principals, policies, and procedures to prevent recurrence of permitting such summary, intrusive, ramshackle, and debilitating constructionthat do not meetthe standardsandexpectationsof a well run andcohesivecommunity. We urge a full review of them; with revision and implementation as needbe orderedby the City Council, and requestthat thesebe adhered to, be kept open to scrutiny, and made readily available to all citizens of Chula Vista.
Owners and Residents supporting this petition are set forth below Date Address Signed Name I Printed Name
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