19-0806_SMYTH, JOHN & GERUTTO, AGATHA_F1a_Correspondence_28t612019
Carmen Moreno Fla
From:
Sent:
To:
Subject:
Alana McKeag
Saturday, August 3,201ı 7:58 AM
Laura Stokes; City Clerk Scanstation
Licence Agreement between City and 2T2Bl Viewpoint Circle
Re: San Juan Capistrano City Council Meeting to Consider a License Agreement for a prívate barn at 2728L Viewpoint
Circle
To Whom it may concern,
By way of identifying ourselves again - We are the owners directly adjacent to the subject property. Our names are Steve
and Alana McKeag and we live at Viewpoint Circle, Lot
We have met with and walked the subject property with the architect for the owner, Robert Williams and his associate.
As we said in our previous letter to the council and still feel, we have no issue with our new neighbors building a
barn/stable on theír property. lt appears the horses will have the best view of the valley. Again, we want our new
neighbor to have total enjoyment of their equestrian property. We are not trying to stop them from building a
barn/stable.
We appreciate the clarification and relabeling of the "9,000-square foot turn-around" found ín the original documents to
a 7,500-square foot cooling-off area for the horses. We also appreciate the changes in the language of the License
Agreement clearly prohibiting commercial use of the barn and the future build-out for human habitation.
Our concern remains this...included in the Applícants Request on page 3 of 5 (first full paragraph lines 7 & 8) is the
sentence..."The barn would be accessed via a proposed 200-foot long decomposed granite access way." Although
Agatha Gerutto, the current owner of the property, has written to me via email that she does not plan to drive vehicles
up that access way there is NOTHING in the License Agreement that stops anyone from converting the proposed "access
way" to a driveway at a later date and driving cars/trucks or other motor¡zed vehicles up and down that "access way."
Our concern is not limited to the current owners of the property modifying the 'access way," our concern is also focused
on any future owners of that property. Because it is our understanding that this license agreement runs with the
property as an entitlement and that without these specific prohibitions we feel this License Agreement could be
misconstrued and manipulated by a future owner and that we will have no recourse.
We do not understand whya foot path ortrailpath would need to be included in the license agreementwith the City, as
that seems to fall under the auspice of landscape plans through the homeowners association verses a variance given by
the City in a license agreement. However, because it is included, we are asking that ourfuture neighbors and/or the City
protect our enjoyment of our home and yard from any future conversion of the proposed 200-foot access way by
placing specific language in the License Agreement prohibiting the proposed access way from ever be converted to a
driveway that gives access to any motorized vehicles now or in the future. Since Agatha has already stated that it will
essentially be a path to walk up to the barn/stable from their home, we think that everyone would be okay with this.
Sincerely,
1
Steve and Alana McKeag