Laserfiche WebLink
<br />a <br /> <br />Pillsbury <br />Winthrop <br />Shaw <br />Pittman". <br /> <br />50 Fremont Street <br />San Fraocisco, CA 94105 <br />TeI415.983.1ooo <br />Fax 415.983.1200 <br /> <br />MAlUNGAIlOIlESS <br />P. O. Boll 7880 <br />San Francisco, CA 94120 <br />www.pillsburylaw.com <br /> <br />September 27, 2006 <br /> <br /> <br />Via Facsimile (925) 931-5483 <br /> <br />Brian Arkin <br />Chaitperson <br />City of Pleasant on Planning Commission <br />P,O, Box 520 <br />Pleasanton, CA 94566 <br /> <br />Re: PADR-I338/PV-I31 Boyce Application, Planning Commission Agenda <br />September 27, 2006, Item 6b, <br /> <br />Dear Mr, Arkin and Members of the Planning Commission: <br /> <br />This office represents Grace Lutman, the owner of 4512 Second Street, immediately <br />adjacent, on the left hand side, to the Boyce residence which is the subject of the pending <br />application for variances to reduce sideyard setbacks, increase site density, and increase <br />the height of the garage, <br /> <br />There is a lawsuit pending in Alameda County Superior Court, brought by Dustin and <br />Robin Boyce against Grace Lutman, No, VG05197349, under which the Boyce's are <br />claiming a prescriptive easement over part of the Lutman property. This action is based <br />upon driveway improvements improperly built by the Boyces after their acquisition of the <br />property, This case is being opposed on the ground that the Boyces have trespassed on <br />the Lutman property and have no rights to any portion of the Lutman property over the <br />common property line, The Boyces have no legal ground to take this expanded driveway <br />and have less than any claim period of five years to establish a prescriptive easement, <br />among other legal defects, <br /> <br />The Staff Report, page 4 of 14, shows a photograph of the front of the Boyce residence, <br />with the Lutman property on the left, The driveway depicted in this photograph is that <br />taken by the Boyces and which overlaps the property line. This is the subject of the <br />pending lawsuit A depiction of the front of the Boyce residence as the Boyces <br />pllIJlortedly propose it with the expanded garage and two-story addition, likewise depicts <br />the driveway and vehicle area over the common property line, Again, this is not a proper <br />claim, <br /> <br />700540484v I <br />