Loading...
3350, Bihun/Hall - Request for Appea, ApplicationREQUEST FOR APPEAL APPLICATION FILE NO. 2012-01-CTV PROPERTY ADDRESS: 48 Saddleback Road Rolling Hills, CA 90274 OWNER: Howard H. Hall, Trustee FFa 0 3 2012 City of Rolling Hills By I hereby request appeal of the decision of the Committee on Trees and Views on the above referenced application(s) for the following reasons: See Attached SIGNED: DATED: FEE: (7...eAcez/A? -3i)/ (Two-thirds of original application fee.) • • 1. The Complainants should be barred from any relief demanded in their complaint due to their wrongful, unlawful and illegal conduct in removing, cutting, trimming of approx 300 feet of trees, shrubbery and vegetation along Saddleback Road without the consent or knowledge or permission of the property owner prior to their filing of this Complaint. Under the "Unclear Hands" legal principle, their application must be denied in the interest of substantial justice and fairness. 2. The decision of The Committee on Trees and Views hereafter referred as "The Committee" is unfair, unjust and overreaching in nature. For instance in Para. G (1) it requires the total removal of five (5) beautiful stately trees on the property flush to the ground without stump removal. This complete removal of these five (5.) trees could severely diminish the value of the owner's property. It could also diminish the owner right of quiet enjoyment of his property. In addition the removal of these five (5) landmark trees would have an adverse effect met only on the property: itself but the entire neighborhood and City of Rolling Hills as well. A trimming of the trees could have been accomplished without the drastic and unnecessary removal of all these five (5) trees.: That decision is also unfair and punitive in nature in following respects: 1. That the five (5) stumps do not have to be removed by complainants but rather at the owner's expense. 2. That the sum of $2,000.00 for replacement of the removed five (5) large trees or stump removal is not sufficient or adequate to replant the removed trees or stump removal or combination thereof. (See Para. G 2) 3. That the requirement that the replacement vegetation is limited to 20 feet in height and 15 feet in width is unrealistic and unfair (Para G 3). Furthermore, the replacement requirement that it be in an "offset manner so it does not grow into a hedge like wall" unreasonably interferes with the property owner inherent right to the use and enjoyment of his propertyand also violates basic concepts of fairness and justice. Furthermore failure to replace the vegetation has restrictive time limits and maintenance requirements(Para G 5) 4. In addition, the maintenance requirements at the owner's expense as mandated in (Para G 7) are grossly unfair and restrictive. In conclusion the decision of The Committee should be overturned and voided in the interest of substantial justice, basic concepts of fairness and establish legal principles. Most important these complainants should not be allowed to profit from their own illegal and wrongful acts. Their conduct in trespassing on the owner's property and cutting and removing about 300 feet of trees, shrubbery and foliage without the property owner's knowledge or consent is wrong and. unlawful.. On these grounds their complaint should be denied and dismissed. Justice requires no less than this. . Respectfully submitted, oward H. Hall, Trustee - Owner Dated: 2/1/2012 • PAY TO THE ORDER OF;, MEMO: HOWARD H. HALL PROPERTY ACCOUNT 15559 PARAMOUNT BLVD. PARAMOUNT, CAI,IFORMA 90723„ pCO OUI.AHZ 90-398611222 �e)/`Z C..`-c, 0 044G--, 111100243311' I:L22239869i: L2000L045211' OFFICIAL RECEIPT City 0/i llin, JO CALIFORNIA { RECEIVED FROM 0/14 4,;1 . Ckf `-LL. THE SUM OF �C'�C.(? ktLcc( FOR �,�) YYt h11 r _e. J DATE2 \ ' i HL < 9559 i rr, c, 4%{ DOLLARS $ 1, CITY CLERK t.e FUND AMOUNT REQUEST FOR HEARING JUL 0 8 2011 City of Rolling Hills ABATEMENT OF VIEW IMPAIRMENT By PROPERTY OWNER: O K 5A • ---6; t-► u&S OWNER'S ADDRESS: 4 9 < c1 d le bA r y Rd, , U. CA, gaa7L TELEPHONE NO: (&15) 377- O75-I PROPERTY'S ADDRESS: Rd LEGAL DESCRIPTION: LOT NO. Cn I ASSESSORS BOOK NO. 75i PAGE oo 5 PARCEL _Ora, AGENT'S NAME: AGENT'S ADDRESS: TELEPHONE NO: NATURE OF PROPOSED PROTECT Describe in detail the nature of the proposed view restoration. Include documentation. showing a good faith effort to effect a solution to the view impairment with complainee and evidence that the owner of the vegetation has refused to comply. There are 6 tall Canary Island Pine trees located on the easement adjacent to the driveway which services the following addresses and property owners: 52 Saddleback Road (Stanley and Barbara Levine), back area of 50 Saddleback Road (Harry and Linda Prodromides) and 48 Saddleback Road (Howard H. Hall) which is used as a rental property. These trees are located on the left side as you enter the driveway. There is a large Aleppo Pine tree located on the right side of the driveway (approximately seven feet from the street). We are requesting for these trees to be cut down. My husband and 1 have made several attempts this past March to contact Mr. Hall regarding these trees as we were hosting our niece's wedding on our property. At one point he advised us that the driveway belongs to the "Levines"as well and that he required written permission from them to cut down those trees. On March 27, 2011 we sent a letter to Mr. Hall with a note signed by Mr. Levine giving permission to cut or trim the trees whichever we preferred. Although he never requested that the Prodromides family agree to the cutting, we obtained a letter from them as well. Mr. Hall never responded to our letter and we forwarded a second letter on June 1, 2011 advising him that he left us no other alternative but to file a view impairment complaint and pursue our rights pursuant to Chapter 17.26 of the Municipal Code. Mr. Hall refused to acknowledge this letter as well. Attached are the two letters sent to Mr. Hall including the note from Mr. Levine and Mr. Prodromides. City of Rolling Hills - 4 - View Impairment Complaint Form • (Revised 7/03) • • Describe how the view is impaired. Three tall Canary Island Pine trees impair the city view from the house as well as the back yard. The : other three Canary Island Pine trees and the Aleppo tree totally impair the ocean view. Attached please find photographs dearly showing of the impairment. P HTo 5 me-b. Describe what views will be restored by elimination or trimming of the vegetation. City and Ocean. view. Describe what action is specifically proposed to restore the view (i.e. topping, trimming, removal of vegetation). Cutting down of the trees. Please note th i t all trees are on easements. FILING FEE A filling fee of $500.00 must accompany the application. .Make check payable to the CITY OF ROLLING HILLS. City of Rolling Hills - 5 - View Impairment Complaint Form (Revised 7/03) • • .46 TINA ,r.j.7,t • )1.1;,;.,,,!"4"" . , OWNER'S DECLARATION I (We) declare under penalty of perjury that the foregoing is true and correct. ZQulk 1k Executed at California, this I day of t, l iZ By:— / By: ,201] Lct .5addie,b_Ack RA. Address koI[,k G III3. c4- (31o7 NOTE: The Owner's Declaration can only be used if this application is signed in California. If this application is signed outside of California, the applicant should acknowledge before a Notary Public of the State where the signature is fixed, or before another officer of that State authorized by its laws to take acknowledgments, that he (it) owns the property described herein, and that the information accompanying this application is true to the best of his (its) knowledge and belief. Attach appropriate acknowledgment here. APPLICANT: ° 46 ' . lb) W.11 DATE FILED ') I O) I I REPRESENTATIVE: COMPANY NAME: COMPANY ADDRESS: I, COMPANY PHONE NO. ( mE P O ERTY DDRE S: A YIAD ,� tu. goiv 1261/1/jiJc idILI5 CA gna)9 City of Rolling Hills FEE: `P 500 RECEIPT NO: 53 b$ BY: A El l'L' - 6 - View Impairment Complaint Form (Revised 7/03) CITY OF ROLLING HILLS VIEW IMPAIRMENT CASE CERTIFIED PROPERTY OWNER'S LIST AFFIDAVIT STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF ROLLING HILLS ) ss I, Oksp ?. r-i 14Oli declare under penalty of perjury that the attached list contains the names and addresses of all persons to whom all property is assessed as they appear on the latest available assessment roll of the County within the area described and for a distance of one thousand (1,000) feet from the exterior boundaries of property legally described as: 4E3 5-add lebAc tad . 0.11i1.16 14 ills a0a74L 4ss sso R. 's. _Lb kip LOT 4P. R -- Executed at E ©4 l 16OG (KM- day of 7570i-Goa- o).3 , California, this ,201I City of Rolling Hills - 7 - View Impairment Complaint Form (Revised 7/03)