To:
City of Cupertino, City Manager Dave Knapp
10300 Torre Avenue
Cupertino, CA 95014-3232
December 05, 2007
From:
Fatekh Vergasov
Subject:
21921 McClellan Road, Cupertino CA 95014
Dear sir,
I am any not the enemy of my City. My concern is to help
City not to be manipulated and made fool by some unfair
City’s employees… So, here is my story…
Before I start replace old fence I collected my
neighbors signatures for that. We all neighbors (8 of
us) agreed to erect new 6’ fence.
I visited Community Development Department several
times, almost every 3-5 days, trying to get more
specific details about my future project (at that time
fence replacement was only part of it).
So, my project intension to create more security and
safety for all of 8 neighbors was for Community
Development Department neither “Rocket science” nor “Top
secret of America”, anyway
By advice of Building department representative I
discussed “Fire safety questions” with Santa Clara Fire
marshal, who was there at the moment. We started
conversation at the front desk after that we went inside
the Building department office and talk about Fire
safety matter of my future house. First my question was:
“Does my existing gate width (13’) conforms Fire code?”.
“Code require 12’ not width, but clearance” – was
answer… For more specific details of the Fire department
requirements I visited Santa Clara Fire department and
had consultations from another Fire marshal and top
officers of the office
At October 05, 2004 Community Development Department
receptionist advised me to talk about my small utility
wall project with Building department representative and
I did so… I show him my drawing and made small sketch.
Planning department representative, who took a look over
said drawing and sketch initially made only one notice:
“You should take in your consideration that City
established New property line 10’ away from existing
one”.
In the common “building language” such notice meant:
“All structures both existing and future should be moved
10’ away from the street. It was mutual understanding of
all us: Building and Planning Department representatives
and me that existing metal gate should be moved 10’ back
from the street, as well as sewer line cleanout and
backflow valve. I took said notice very seriously as
usual, i.e. like unconditional order of the City…
Meanwhile Building department representative advice me
to re-draw my sketch and put on it said “New property
line”. Next day I brought new sketch, Building
Department representative put his 21’ notice on it and I
got “Building
permit”. Very standard situation, i.e. nothing
foretold a dirty trick…
What has occurred actually? Panning Department made
mistake changing existing Reference point 10’ away from
existing Property line. Under such wrong leading and
service I started project job, spent more than $60,000
and more than year for that and finally was found by
some employee of the Planning Department as criminal and
I was treated like punk…
At the beginning of 2007 after I made couple critics
regarding project of my neighbor at 21926 Dolores avenue
some Planning Department non properly authorized
employee started some kind of vendetta war under slogan
“We shall teach you, stranger!” and suddenly raises
question: “Your new gate is illegal”.
My several attempts to establish peace gave nothing but
rudeness, insults, nuisance, etc. accompanied with black
mails, etc. Now Planning Department insists that I
should pass throw the DRC and Fence exclusion process…
Well, I still don’t understand why I should spend time
and money for somebody’s mistake and not good service,
provided?
That’s why would you, please:
1. Create ad-hoc commission to make special internal
investigation of the mess created exclusively by
employees of Planning Department in vendetta goals and
purpose. It will be useful to know who create squabble
and nuisance for City and City customers, who gave me
wrong direction without full disclosure of the
situation.
For sure I do know that as customer I have right for
service at the top quality possible without any
exclusion… For sure I know principle: if I have right,
somebody must have duty to make my right work. So we
have to know who didn’t provide such service for me and
why?
2. We need to investigate why I was not invited to the
Planning commission, when project of 21926 Dolores
avenue was disputed, discussed and approved. Planning
department simply aborted my right to participate in
this. Planning commission made it’s decision without
full information necessary, i.e. said commission was
made a fool. So, 21926 Dolores avenue “Building permit”
looks not 100% legal
3. In case DRC and Fence exclusion process will be found
as necessary to meet requirements of so called
“juridical technique” or similar very impotent matter,
set me free of any charges and fees, because there is no
my fault in situation created solely by not properly
authorized employee of the Planning Department.
I’m always ready to help said commission and you, just
let me know
Sincerely yours
Fatekh Vergasov
December 11, 2007 -
Chief of Community Development Department board
decission
Cupertino
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