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Save Our Neighborhood

$79,355 of $120,000 goal

Raised by 71 people in 2 months
Dear Friends and Neighbors:                                                                                                 June 11, 2018

As many of you have noted, unapproved construction at 3612 Fenelon has continued in spite of the Temporary Restraining Order issued by a judge in early May.  Anyone can see that the 2nd story roof, which didn’t exist on the day the TRO was granted is now sheeted with plywood and covered in tar paper.  Inspections have occurred regularly for this construction during the TRO.

Sorry we had to go quiet, it certainly affected fundraising.  Hearings will be held on Friday June 15th on this and more.  PLEASE NOTE:  There will be multiple motions heard on a packed court calendar, there is limited space, and timing is uncertain.  PLEASE DO NOT ATTEND THE HEARINGS.  You will get a full report the next day, and can attend the trial in the future, though hopefully it will not come to that.

There isn’t much appropriate to say about the legal activities right now, so instead please ponder this:   Would the look and/or character of the neighborhood be diminished, your views impaired, your light and air reduced, or your privacy affected, by the addition of two-story houses?   

Run2SDRun2SD (“Run”) AKA the owner of 3611 and 3612 Fenelon St. has authored several pieces on GoFundMe with $5 donations.  He complains about:

·         The SaveOurNeighborhood signs “littering our neighborhood”,

·         “lack of harmony”, supposed “discrimination”, “harassing only one family”,

·         “are we now allowing Short Term Rentals (STR)?

And refers to “the minimal visual impact” HIS 2-story house would have! 

Stating in this post ~May22nd that “this might turn into a lawsuit that could backfire and cost many of us more than we anticipated” is a threat.   And misleading -- by then he’d already been involved in the lawsuit, violated the TRO and finished his roof.   He alone is in control of whether this legal action continues.  He wants to remove the restrictions in the Declaration of Restrictions that run with all Fleetridge 1 properties, including his.  Without the DOR, our neighborhood could soon look like any other, with larger and larger homes on our large lots, two-story homes popping up, and then the next one, and the next one, and the next…  Please see below for to help in visualizing how much a few houses could impact YOU.

Many of you have applied for and been approved for remodeling projects.  We know from working with you that sometimes compromises were required to fit your project within the parameters of our DOR, and we appreciate the efforts and how the community works together to maintain our neighborhood character.  “Run” somehow believes he deserves an exception that others have applied for and been denied, and that no one else has been granted, and threatens to go to trial.  This will result in added expense for all of us, but the stakes are very high.  Scroll down to see some examples of what we could expect with his success.  It would not be limited to the two-story he’s advocating for at 3612 Fenelon.

You all have been very generous in getting us this far.  “Run’s” attorney has stated that he will go to trial.  We are definitely David to his Goliath, but we’ve gotten along with your support and favorable rulings so far!  Unfortunately, he thinks he can drain our legal funds and win by default, changing our neighborhood forever.  So keep your fingers crossed and please dig deeper and donate again if you can.   You will receive an update after the hearings next week.  And please continue NOT trespassing on or harassing anyone at 3612 Fenelon!  Thank you very much!


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May 20, 2018 


Dear Friends and Neighbors: 

Thank you so much for responding to the Matching Gift provided by an Anonymous Fleetridge 2 donor! Many of you are repeat contributors, and we are extremely grateful for your generosity! 

This will be the last news you hear from us until mid-June, although efforts are underway to prevent the unauthorized construction at 3612 Fenelon St.  Please be advised that we have been accused of harassment and trespassing by Dr. Wendt’s attorney, and the judge at the hearing below requested that our attorney “control your clients”.  To our knowledge, no one has harassed or trespassed upon Dr. Wendt or his property --- please keep it up. 

The TRO was issued on May 2, halting further construction.  Last week, Dr. Wendt’s attorney scheduled an ex parte hearing to dismiss the TRO and to move the injunction hearing to an earlier date.   None of those requests were granted.  However, that very afternoon a flurry of activity ensued at 3612 Fenelon St., with contractors arriving talking of an inspection, mentioning of plumbing and electrical contractors arriving the next day, and work, as you know, continuing through the week.  This is being addressed through the legal process.  We appreciate the phone calls, photos and videos you have provided, and the signs all over our neighborhoods! 

As we prepare for the June 15 hearing on the injunction, please be aware that we still need to raise funds for legal expenses.  The recent matching gift made a difference, and we hope you will continue your generosity as things go quiet while we work with the attorneys.   

It has been unpleasant for all of us to watch the violation of the DoR, and to hear threats of ending the Declarations that have preserved our neighborhood for so long.  But the community support has been amazing, and it would be that much more difficult to be an individual homeowner taking this on, instead of all of us!   

And in answer to your question:  YES, concerned neighbors are cordially invited to attend the June 15th hearing, currently scheduled for 10:30 AM in Courtroom 66 in the new section of the Superior Court building at 1100 Union St. San Diego 92101 with Judge Medel.  We will notify you via email if there are any changes with court time or location.

----------------------

Dear Neighbors & Friends,                              May 13, 2018

MATCHING OPPORTUNITY!

It has been exactly one month since reports of Dr. Wendt’s unauthorized construction surfaced and were responded to, first by the ARC, then by our attorneys.  Thanks to the community support, we were able to obtain a TRO (Temporary Restraining Order) on May 2, which halted the fast paced construction at 3612 Fenelon. 

While the work on the addition is stopped, Fleetridge 1’s work is moving fast.  There is a lot of information and preparation required for the hearing scheduled for June 15, 2018.  We hope to prevail and obtain injunctive relief which would result in 3612 Fenelon ceasing to violate several provisions of the Declaration of Restrictions. 

Our attorneys were hired, brought up to speed and filed a successful TRO in less than two weeks!  And, our first week of attorney’s fees amounted to over $12,000. There is reason to expect that the fast legal track we’re on will require more than we’ve raised so far.  A generous donor, who has already contributed, is offering a $5,000 MATCH.  This means that all money donated to the GoFundMe/SaveOurNeighborhood site will be matched and doubled, when we hit the $5,000 GOAL.

Look at what all of us accomplished in 2 weeks!  Let’s accomplish this GOAL in the next 2 weeks!  The first $5,000 donated will be matched, dollar for dollar, if we achieve this GOAL by midnight on May 31,2018.  Thank you again for your support, posting signs, volunteering, and keeping our neighborhood the place we all want to live!

This fundraising campaign is being conducted by Fleetridge 1 neighbors FOR Fleetridge 1 neighbors!


Dear Neighbors & Friends,                                                                 May 2, 2018

 We couldn’t have done any of this without you!  Thank you so much and here’s an update: 

Our GOALS remain the same: to stop and remove the unauthorized and noncompliant second story structure at 3612 Fenelon St. and to preserve the Declaration of Restrictions for our neighborhood. 

YOUR DONATIONS AT WORK: today a Temporary Restraining Order (TRO) was granted against Dr. Wendt, meaning he had to immediately stop work on his addition.  Any violation of the TRO will send him back to court.   

ACTIONS: You have made many offers to help, and beyond your generous donations and information sharing, please keep your eyes and ears open for any construction activity at 3612 Fenelon St., and take photos and/or videos if you see anything-including construction workers, trucks and material deliveries.  The upper structure has been draped so it is difficult to know what is going on inside.  Please walk by as often as you can, and contact the ARC at www.fleetridge1arc@gmail.com with any observations, photos and videos, or other information and comments. 

NEXT STEPS:  As we left court today, Dr. Wendt’s attorney said that he plans to immediately appeal the granting of the TRO.  If so, further legal work and court time to provide information to counter that effort would be required.  A trial date of June 15, 2018 has been set, and trial preparation will involve more legal effort.   

We were hoping that Dr. Wendt would respond to the ARC’s notices of violation and requests to stop work.  Or that he would respond to our attorney’s offer of mediation.  Or to our attorney’s requests that he stop work.  Or that we could come to agreement without a trial.  But it looks like the fight will continue, so we are raising our goal to $80,000 to cover the next steps.  Thank you very much for your overwhelming support and generosity.  Donations of any amount are gratefully accepted!

______________________________________________________
Background - our story

We chose to live in our area because we appreciate having one story homes and carefully designed view corridors, NOT having mini-mansions, crowded lots, second stories, and new obstructions placed in our views.  The Declaration of Restrictions (DoR) maintains the continuity of architecture thereby protecting the property values. These restrictions were created when the neighborhood was laid out almost 70 years ago to protect and set standards for the area and are enforced by a volunteer group of elected homeowners-the Architectural Review Committee (ARC).  This works because our neighbors respect the deeded restrictions we all agreed to when we purchased our homes in this area.  We have all seen the results when the restrictions have been allowed to lapse in nearby neighborhoods!   

Now, one of our neighbors, who had been turned down for a second story addition 5 years ago, at 3612 Fenelon St., has decided, despite letters, calls, and meeting with ARC members, to go ahead with a second story construction without approval, and with explicit notice that he’s violating the DoR.   

It is critical to preserving our neighborhood, property values and the future enforcement of the DoR that this violation of the DoR be stopped.  Construction is proceeding very quickly as the owner believes the faster he goes the less chance we have to stop him, and the more he builds the harder it will be to remove it.  As this homeowner has bought the home across the street from the construction, at 3611 Fenelon, who knows what he would do next if his efforts to defeat our restrictions succeed? 

All funds collected will be disbursed by an individual (as required by the terms of the Go Fund Me agreement) to law firms and other providers in support of legal action to stop work and remove 2nd story addition. In the event funds remain at the conclusion of the legal action, those funds will be returned to all donors on a pro-rata basis. Prevailing in this action will further validate the DoR. Neighbors will continue to work together respecting the DoR and utilizing the ARC.  Doing nothing virtually guarantees more of what is now happening at 3612 Fenelon, and your view, light and air, property values, etc. will be adversely affected.   

We are all in this together, and we will all benefit from this effort.  Please give as much as you are able to (suggested donation $1,000 or more).    Thank you very much!
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5/20 Update: We made the match --- thank you! We’ll be going quiet for a while. You’re invited --- June 15 court hearing. See Story on our GoFundMe webpage for full details.
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Hearing will be on June 15. New matching opportunity
for $5,000. Go to the "Story " on our GoFundMe/SaveOurNeighborhood site for details.
+ Read More
The court granted a Temporary Restraining Order (TRO) on May 2. Click our Story next to Updates for the details and the next steps.
+ Read More
Think the roofline is a problem?

This could be your new backyard view!
2 views: What happened to the light air?
+ Read More
Read a Previous Update

$79,355 of $120,000 goal

Raised by 71 people in 2 months
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