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Request for Waiver of Set Back Rules for Outbuilding at Chula Vista 91910, Demolition Permit # Chula Vista City Council: June 25, 2024
A Request for Waiver of Set Back Rules for an Outbuilding.
I live at Avenue.
Envision where you live and imagine that you' ve owned that property and paid taxes on it for over 30 years,' and you want work done.
Inspectors come and tell you your place is Out of Compliance and you need to have ONE THIRD of your property demolished and YOU will pay for it and you have ONE month to do it. 2
Our property is designated as City of Chula Vista Historic Site # A " Site" includes the entire property.
On our site is a 2 story 134 year old Victorian house,
3 The garage,
And an Outbuilding 4with lean-to sheds on the south and north., All are incorporated into the Historic Designation Document. 6 On an assessmentdocument, the square footage of the Outbuilding was added to the square footage of the Garage, as non residential structures. Taxes have been paid on them for over 50 years.
The Outbuilding was built by Synthia Priester, mother to a young man named Arthur.
There were no kitchen facilities, nor bathroom, because Arthur used those in the house.
It was built over half a century ago.
The Outbuilding served as a sanctuary for Arthur. The following owners used it asaplay room for their two daughters, and, for us, it is an Office for my husband and myself.
We have worked here professionally for over 3 decades, with a business license here in Chula Vista. We were certified by the State of California, the County of San Diego, and the City of San Diego. We have garnered dozens of awards for our work. 8
We are now " retired" but most definitely not done with our history and archaeology work. Now we work as volunteers for community service. 9 2
Chula Vista zoning department has two problems with our Outbuilding:
They found no building permit on file, and
The Outbuilding is too close to the property boundaries of our neighbors — not meeting the current " set back".
Now consider this:
The current western parcels did not exist on the property boundaries of today.
Twin Oaks Avenue did not exist.
Originally the De Haans owned property to the middle of what later became Twin Oaks Avenue. °
When Twin Oaks was becoming a reality, the De Haans sold lots fronting Twin Oaks, ' 1and drew the property line behind the Outbuilding. This created the current issue and was not disputed at that time by City officials, nor disputed during the 2 subsequent sales of the property.
12 We are civic minded. To us, the thought of solar panels on the Victorian' s roof was not in keeping with the purposeof a historically designatedsite andits looks, nor intent of historical significance and preservation.
We wanted solar power put on the Outbuilding becauseit is obscuredfrom the public, has a strong flat roof, and has safe and easy accessfor installation.
And then our nightmare began. The City was notified of our plans and decided to use its broad enforcement power against us. The result is we do not get solar power 13 — AND our Office is to be demolished.
Demolition is to begin next month — July 2024.
We are disappointed in the treatment this situation brings upon us, and this is considered abusive in the eyes of many — including our neighbors who will be directly impacted by demolition. Would you like to hear from them? Their letters are attached below. 14
We think there should be an exception made, and it should carry through all succeeding owners of and the Twin Oaks property owners as was stated by the Title Company during the sale of in 1972. 3 This Outbuilding, having been there for all these decades, plus its association with the Dutch community of SouthernCalifornia including people of both international interest and national importance — should be excepted from demolition.
We respectfully thank you for your attention.
Susan D. Walter Stephen R. Van Wormer Aaron W. Van Wormer Paula W. Hall Owners and Residents
John M. Davidson House
City of Chula Vista Historic Site #
Second Avenue
Chula Vista, CA 91910
1I wastoldbyaretiredlawyerspecializingin landownership, andalsoarealtor, thatbypayingtaxesonanunpermittedbuilding for 5 years, that structure became exempt. We have been here over 30 years, and the Garretts over 10 years before us, and the De Haans before that as well. All of us have been paying our taxes, for about 60 years now. 2Thishappenedto us. Weboth are72yearsold. Thishasbeenextremelydifficult — emotionally and physically — for us.
We received a Notice of Violation from Development Services Department, Code Enforcement dated 11/ 17/ 2023, Violation date was 10/23/2023 [ That Outbuilding hasbeen there over half a century], CaseNumber C23-0641. Code Enforcement kindly allowed us to finish our 11 year Presidio project ( note 6 below). But then we misunderstood the options. We thought we' d have a year, but we are now faced with demolition in one month, as described. ( City Demolition Permit # B24- 0296.) sTheproperty 2"
d (
originally 4thAvenue) was purchasedDecember 1889. Date of 1892 is from the Appraisal of Single - Family Dwelling, by McKenzie Appraisal Company, date of appraisal report was 7/29/97; File# 71256. 4AnOutbuildingisusuallyusedforhobbiesorwork. A Shedisaplaceto storethings. Thesetermsareexactlywhatthe Outbuilding and shedshave been used for. I refer to the shedsas lean-tos. Lean-tos sharea wall with another structure, and can be either supported or non supported.
5TheOutbuildingandlean-tosareontheplansprovidedtomebytheGarretts. PlansdrawnbyLeeH. Johnson. 6 History of Our House at The Davidson House. August 2004. Submitted to the City of Chula Vista. We qualified for the Mills Act with this designation. We put in a full perimeter foundation ( that took SEVEN MONTHS), reroofed, repainted ( twice) and have repaired everything with help from those funds.
Arthur Langford is buried in Glen Abbey Cemetery in Block 10, Section 110, along with the rest of his family. He is described on his memorial plaque as " Beloved Son and Grandson". The entire family included Jack M. De Haan 1895-1967; Anthony J.
Fokker 1907- 1992; Wilga Beatrice De Haan 1911- 1994; Synthia De Haan Priester 1891- 1971; Andre' A. Priester 1891- 1955; Arthur R. Langford 1922- 2000; Maud De Haan Smith 1907- 2001; Sytze M. De Haan 1862- 1948; Geeske Veenstra De Haan 1865-1954. Some spaceswere still empty in 2004 when Susanvisited the cemetery. 8Oncewhenaproposalfor workwasputout, little2 personWalterEnterpriseswasconsultantforof everyoneofthe4short listed companies. ( The interviewers actually joked about that.) We have had as many as 5 separateprojects in process concurrently here.
9Ourmostrecentlycompletedproject (it took 11years) is theceramicsanalysisof theSDSUStudentField Schoolexcavations of the San Diego Presidio, which was due this year on June 1 of 2024. You can accessour nearly 1,000 page report at Research Gate. com. " Stephen R. Van Wormer" and " Susan D. Walter" are the authors of Shadows of the Things That Have Been:
An Analysis of and Identification Guide to Ceramics From the Chapel Complex Excavation of the San Diego Presidio. 10This part of Twin Oaks was established in 1951.
Here is the sequence of build dates for our home and our surrounding neighbors ( these parcels are part of original 5 acres):
dAvenue (Loya) build date was 1944. [ This house is to our north.] Going clockwise ( south):
dAvenue (Our propertyVanWormer & Walter) on line build date of 1925 is incorrect. We have the chain of title dating 1889. It was probably built around 1890-1892. dAvenue (Medina) was constructed in 1966.
Going west:
Davidson Street ( an apartment) was constructed in 1975.
Going north:
Twin Oaks Avenue ( Campbell) was constructed in 1946.
Returning east is where this list began.
The De Haan family owned from October 6, 1942 through August 27, 1971.
At somepoint in time, TEN feet were ADDED to the property, presumably to allow for the Outbuilding. The 10 foot extension, and the property " cloud" are shown on the maps accompanying the " cloud" issue to the Garretts.
In a 1973 Declaration of Homestead, there is an exception of 325 feet to the WEST; and on Schedule A of a Full Reconveyance is an exception of 415 feet to the WEST. The varying documents have different measurements. 12ThetwosubsequentpropertyownersweretheGarretts, andnowus, VanWormerandWalter. WhentheGarrettspurchased from the De Haans in 1972, there was the problem — a " cloud" it was called — with the western Twin Oaks boundaries, which were incorrectly still listed on that Deed of Sale as going into the middle of Twin Oaks. The letter to Mr. and Mrs. Garrett from Security Title Insurance Company, dated March 1, 1972, asking them to notarize Quitclaim Deeds in order to clear this cloud" also includes this paragraph:
We feel that the Quitclaim Deeds to " owners of record" [ in 1972 they were named Daley and Foster] will accomplish our purpose and will not further cloud the title to said properties. We take the position that the deed should recite to owners of record" so as to not disrupt or interfere with transactions of any nature which may bepending on said properties." [ Brackets and italics by SusanWalter.]
Today' s "owners of record" and / or neighbors are the Lamorandiers ( Twin Oaks) and the Campbells ( Twin Oaks), and they ARE going to be disrupted and their lives interfered with if the Outbuilding is demolished.
Van Wormer and Walter plan our property to go to our children, asdo the Lamorandiers and Campbells. None of us want this kind of mess to descend upon them, nor anyone else who will be future " owners of record". 13It seemstheheightof irony thattheCity showssolarpowerpanelsbeinginstalledontheir website — and we can' t have them. 14Lettersfromourneighbors: theyhavesmallchildrenandpets. TheOutbuildingisapropertyboundarybetweenthemandus:
1. To Whom It May Concern:
Wearetheownersof TwinOaksAve. thepropertydirectlyto thewestoftheoutbuildingon 2°dAve. Weunderstand that the outbuilding is currently setback only 2 ft. from the property line when it should be 4 ft. We are fine with the current location of the outbuilding.
Thank you, ( signed) Jamie & Bryon Lamorandier 6/ 23/ 24