Loading...
HomeMy WebLinkAbout04-26-2021 Item 2, Sub Corportaion Appeal of Citations 22649 City of San Luis Obispo Construction Board of Appeals By the Sub Corporation, LTD. Hearing Date: Apri126, 2021 at 1:00 p.m. Position Paper Submitted by Appellant the Sub Corporation Appellant the Sub Corporation appeals citation under the San Luis Obispo City ordinance regarding setback requirements (17.36.020) and permits for shipping containers (15.02.010). A third matter in the citation regarding permits for installation of racks is not being appealed as the appellant has proceeded as set forth in the citation to remedy that issue. The appellant requests that the Construction Board of Appeals withdraw, dismiss, or revoke the citation as to the two matters on appeal. BACKGROUND The citations affect property located at 2146 Parker Street in San Luis Obispo. This property was purchased by the appellant as its temporary headquarters, storage, and marketing facilities during the repair and reconstruction of its property located at the corner of Pismo and Higuera Streets in San Luis Obispo that was subject to a devastating fire on December 26, 2015. In searching for a temporary facility, the appellant was looking for property that had a long history of office, retail, and storage use. The property at 2146 Parker Street seemed to fit these criteria. i It should be noted that the City of San Luis Obispo and the appellant agree that the subject property is appropriate for the use of shipping containers for personal storage. The dispute arises over whether the permitting process applies. The appellant maintains that, among other things, the longstanding use and zoning of the subject property for storage, including container storage, significantly predates the permitting requirements of the current ordinance. The continued use of shipping containers should be allowed without applying the newer permitting ordinance. In the event that the permitting process is applied to the property, then alternative storage methods or issues are raised. For instance, replacement of shipping containers with semi-trailer storage or putting the shipping containers on wheels would obviate the need for permits and the permitting process and leave the appellants with greater flexibility but would not have the same visual or practical appeal as the use of the shipping containers. The other issue is that if the storage containers are empty, this would seem to also not be subject to the permitting process. It should be noted that appellant is in the business of buying and selling shipping containers. Such containers are not subject to permitting as structures but are simply inventory. HISTORY OF PROPERTY The property is and has historically been used for commercial and personal storage. This use is part of the activities involving auxiliary storage and storage in and around the existing structures on the property. This has been an ongoing and established use for over 40 years. Originally, this property was an AT&T equipment yard. AT&T stored vehicles and equipment on all areas of the property, including where the ocean containers currently sit. This established use for the property is not new but has been and is ongoing. These storage uses were continued by the Dill family when they became owners. The appellants acquired the property from the Dill Family. At one time before the appellant acquired the property Martin's Towing used this property for vehicle storage and impound over a period of years. The appellant is functionally doing nothing new. The mix of storage containers and other storage has changed. The Dill family used primarily 53' trailers and AT&T stored equipment, vehicles and materials at Parker. The appellant is temporarily storing 40' ocean container boxes. The appellant does have 2 the ability to switch the shipping containers out for the truck trailer type of storage but would rather not as the trailers do not fit in as well or look as nice. With truck trailer storage the 5 ft setback would not be required. Please keep in mind, that the storage is only a temporary methodology while the appellant is repairing and reconstructing its fire devastated buildings_ Appellant is not interested in establishing a permanent personal storage facility at Parker Street, only in continuing the ongoing pre-established use of the property and temporarily use the ocean containers while they are on the property. The storage containers are temporary, have no electricity and no improvements. SET BACK ISSUE There has been ocean container location less than five feet from the property line for over 30 years. It has apparently now become a problem not because of the setback requirements for appellant's property but because of the relatively new set back requirements for an adjacent differently zoned properry next to our CS property. This longstanding usage location together with some practical matters make the application of the setback unwarranted and impractical. The last thing the neighbors along the back of the property would want would be a 5' dead zone between the boxes and their fence. This dead zone quickly fills with vegetation, debris, and junk through the forces of nature. This becomes a haven for rats, squirrels, and mice, as it was before it was cleaned it up. The neighbors were thrilled when the appellants took possession of the property and removed years of accumulated ivy plants and vegetation along the fence and cleared out the pests. They would not want them back. Increasing the hazard zone, as the city proposes to do, would create a camping space for "homeless" persons. These days businesses throughout San Luis Obispo have a serious issue with "homeless" persons setting up camp in just such hard to see places. Application of the set-back, which is not functionally necessary or desirable, would widen the hazard zone and dramatically increase the cost of continual abatement of that zone beyond the benefit that would be realized by compliance with today's setback proposal by the city. 3 PROOF OF SERVICE BY MAIL I am a resident of the County of San Luis Obispo. I am over the age of 18 years of age and not a party to within matter. My business address is P.O. Box 14259, San Luis Obispo, California 93406. On April 16, 2021 I caused the foregoing document described as Position Paper Submitted by Appellant the Sub Corporation for Appeal of Citation 22649 to be served on the interested parties in this matter by placing a true copy thereof enclosed in sealed envelopes addressed as follows: Construction Board of Appeals c/o Community Development 919 Palm Street San Luis Obispo, CA 93401 Michael Codron, Community Development Director c/o Cassia Cocina 919 Palm Street San Luis Obispo, CA 93401 By Next Business Day Delivery: I enclosed the document in envelopes provided by a delivery carrier addressed as indicated above. I placed the envelopes for collection and delivery at an office of the delivery carrier for service the following business day. By E-mail: In addition to the foregoing, I caused the aforementioned document to be transmitted by e-mail to the following e-mail addresses: rma�io(�ae,slocitv.o� and ccocina(�ae,slocitv.org . I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on April 16, 2021 at San Luis Obispo, California. Original signed Shane Kramer