HomeMy WebLinkAboutFwd Letter from Avila Ranch HomeownersHere you go.
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Michael Slater
Wathen Castanos Homes
General Counsel
Phone: 559.432.8181 ext. 170
2505 Alluvial Avenue, Clovis, 93611
________________________________
From: Adrienne Burns <adrienneb@wchomes.com>
Sent: Thursday, October 13, 2022 1:49:44 PM
To: Zachary Peterson <znjpeterson@gmail.com>
Cc: Christopher Heylman <cheylman@gmail.com>; Katie Pozzi <kathrynpozzi@gmail.com>; Niki Rarig <nbrarig@gmail.com>; Joshua Peterson <josh@wchomes.com>; Brandy Tschappler <brandyt@wchomes.com>;
Michael Slater <mslater@wchomes.com>
Subject: RE: Letter from Avila Ranch Homeowners
Good Afternoon Ms. Pozzi, Mr. Heylman, Ms. Rarig and Mr. Peterson,
Please see attached letter in response to your email correspondence from this past Saturday. Please let me know if you have any further questions.
Thank you
Adrienne Burns
Wathen Castanos Homes
Vice President of Land Development and Forward Planning
Phone: 559.214.5042
2505 Alluvial Avenue, Clovis, 93611
From: Zachary Peterson <znjpeterson@gmail.com>
Sent: Saturday, October 08, 2022 11:48 AM
To: Adrienne Burns <adrienneb@wchomes.com>; Eric Silva <erics@wchomes.com>; Sandra Peterson <sandrap@wchomes.com>; danl@wchomes.com
Cc: Christopher Heylman <cheylman@gmail.com>; Katie Pozzi <kathrynpozzi@gmail.com>; Niki Rarig <nbrarig@gmail.com>; Jed Damschroder <jed@theavenueslo.com>
Subject: Letter from Avila Ranch Homeowners
To Whom It May Concern:
We are writing to formally express our grave concerns as to the status and future condition of the large, water-filled holes bordering our houses in the Avila Ranch development in San
Luis Obispo, CA. Prior to, and during escrow, everything we heard, read, or were told is that this space would be a large park. It was even described to us by one of the salesmen as
“the crown jewel of the neighborhood.” As of the writing of this letter, the Avila Ranch website still shows a grass/park/open space that is level with the grade of the houses (see
attached screenshot). Other documents also show a park, including the plans submitted to the city and brochures given to us as prospective buyers (also attached to this letter). Adjacency
to the park was a primary reason for our decision to purchase our particular homes, and presumably, what empowered Wathen Castanos to charge us a “lot premium” over and above the price
of the home.
Since closing, we have come to believe that Wathen Castanos have abandoned their efforts to construct a park, or even an accessible green-space, and will instead leave it as a subterranean
pit, including making no effort to remove the standing water that accumulates even after many weeks of sunny, dry weather. This is the least appealing of the many stories we’ve been
given since taking possession of our homes. Over the course of escrow and after purchase, we (or our real estate agent) have been told by various Wathen Castanos representatives the
area will be:
1. Filled in and turned into a park
2. A sunken turf field, that will only flood during wet weather, and hold no standing water
3. An inaccessible, but landscaped, bioretention “open space” with no standing water
4. Landscaped bioretention with permanent standing water
It is now unclear whether even landscaping is still in scope.
It is our belief that Wathen Castanos has engaged in deceptive sales tactics, intentionally withheld the truth, and has not and will not deliver on any of their promises with respect
to this space. All the while retaining our substantial “lot premiums” charged for our proximity to this never-to-be park. The alterations for the use of this space were made without
our informed consent, have materially harmed the value of our houses, detracted from the aesthetic appeal of the development broadly, and risks the health and safety of our families.
We understand that circumstances change, and adjustments must be made to accommodate new engineering discoveries. We are willing to adjust our expectations accordingly. However, the
current situation of a pit, landscaped or not, that holds standing water is an unacceptable compromise: standing water is a known health hazard, breeds bacteria and mold, and attracts
insects and vermin. The sickening smell that can emanate from the pit (we believe as a result of the algae growth) has, on occasion, made it impossible to go outside. The steep pitch
of the unprotected embankment poses significant risk to anyone that might fall in, particularly young children.
We remain in the dark as to what will be done with the space, and remain exposed to the resulting health and safety hazards.
We are demanding that Wathen Castanos uphold their promise of building a usable greenspace or park, with no standing water. And, that we be given a timeline for its installation.
We love our homes, and see great potential in the future of Avila Ranch. We merely ask for what we paid for, and what was promised.
Sincerely,
Katie Pozzi, Christopher Heylman, 115 Earthwood Lane
Niki Rarig, Zachary Peterson, 107 Earthwood Lane
Attachment:
PDF copy of this letter
Photos of the current and prior conditions of the pits
Photo of insect infestation inside home
Plans showing the adjacency of a park to homes
Estero sales brochure showing a park
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Zachary N J Peterson
znjpeterson@gmail.com<mailto:znjpeterson@gmail.com>
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