2021-11-02 MVCC Appeal Notice_Redacted1
From:Carlos Flores
Sent:Tuesday, November 2, 2021 4:06 PM
To:Michelle Lopez
Subject:RE: MVCC APPEAL NOTICE
Attachments:RE: BMCH2021-0313
Michelle,
I’m attaching the original denial email sent to them.
I don’t see how the e‐mail they included shows Planning approving of their permit. I thought it was clear in the e‐mail
that I was providing them information that if it was relocated to the area highlighted in yellow (which is their “entry”
way) then it would be acceptable for Planning (which is just one part, it still needs a building permit). As for it being
proposed within the side yard as originally proposed, I showed them that their property line is 5 feet away from their
garage, which means that the AC is being proposed within the 5 ft setback and is not meeting our requirements. In order
to be within that five foot setback, it needs director approval which was not granted to them. Only other information I
provided was about building block walls because the homeowner asked me to provide information on what would be
allowed and required to build a wall there.
We have not approved the AC equipment anywhere at this time and in fact did not approve of it within the side yard
setback as shown on the attached email. Per the other email they included, I have worked with them on showing them
where an alternate location could be which would be acceptable for planning but require a revision to their building
permit. All of that is also included in the original and attached email. I say in the email that they should explore those
alternate options before revisiting, and that’s just saying they can revisit the original option, not that it would be
approved.
Carlos Flores | Senior Planner
Design and Development
City of La Quinta
78495 Calle Tampico | La Quinta, CA 92253
Ph. 760.777.7069
www.laquintaca.gov
From: Michelle Lopez <mlopez@powerstonepm.com>
Sent: Tuesday, November 2, 2021 3:44 PM
To: Carlos Flores <cflores@laquintaca.gov>
Subject: FW: MVCC APPEAL NOTICE
Importance: High
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Hi Carlos,
I received the attached and below email this morning from the Horoshaks. They are claiming you have now
approved their a/c. Please open the attached email that Mr. Horoshak said you sent him. It was our understanding the
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application was denied and you have asked them to remove the a/c immediately. Can you please elaborate and send me
the actual PDF copy of the denial?
Thank You
Michelle Lopez, CMCA®,
AMS®,CCAM®
Director of Community Management
mlopez@powerstonepm.com
Direct: 760-469-4315
www.powerstonepm.com
41995 Boardwalk
Ste. K • Palm Desert • CA 92211
Main: 760-797-7797
Fax: 949-716-3999
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From: Horoshak, Steve
Sent: Tuesday, November 2, 2021 7:52 AM
To: Michelle Lopez <mlopez@powerstonepm.com>; lindahoroshak
Subject: RE: MVCC APPEAL NOTICE
Good Morning Michelle,
In regard to your email below regarding the City of La Quinta and their Planning Department, please see attached email
from Carlos Flores, Senior Planner – Design & Development for the City of La Quinta. We met with the City Planner and
he has correctly clarified that our property line extends 5Ft. out from our current Garage Wall. Therefore, the AC
Condenser Unit is located in an area that is acceptable to the City of La Quinta. It is the HOA and not the City that is
keeping us from getting a permit to keep the AC Condenser where it is.
Further, the City has confirmed that a barrier can be placed in the area, such as a block wall (on our easement area) as
an option and compromise to resolve the situation. Since the wall would be non‐weight bearing and under 3. Ft. high
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no permit is required from the City. This is a much less expensive resolution than having to relocate the Unit. Additional
plants can also be added if necessary.
The City has also commented about what other areas the Unit can be moved, but the bottom ‐line is that where it is
now located would be acceptable to the City with an approval from the HOA. ( You will note from the diagram provided
by the City that one acceptable location (in the yellow area) would be to put the Condenser in the front yard of our
home next to the garage). I cannot see how this can be aesthetically pleasing since it would be visible from the street.
The City was also made aware of the number of other homes in Mountain View CC that have AC Condenser Units, in the
same location as ours, and that the HOA and Board are apparently addressing this. If the issues are not resolved where
it is fair and equitable to all Homeowners, the City has advised of what additional steps can be taken. We provided the
HOA with a list of homes in Mountain View that have the same installation in the same location as ours.
We are more than willing to compromise on this situation and we hope that middle ground can be reached to make the
installation aesthetically pleasing to all parties. Is there any compromise acceptable to the HOA that allows the unit to
stay in the current location?
Thank you for your time and consideration.
Respectfully,
Steve & Linda Horoshak