HomeMy WebLinkAbout04-26-2021 CBOA Minutes ,,��, Minutes
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Special Meeting
Wednesday, Apri126, 2021
CALL TO ORDER
A Special Meeting of the San Luis Obispo Construction Board of Appeals was called to order on
Monday, Apri126, 2021 at 1:10 p.m., via teleconference, by Chair Dilworth.
ROLL CALL
Present: Board Members Amando Garza, Nick Graves, Denise Martinez, Robert
Vessely, Christopher Wiedeman, Vice-Chair Gresham Eckrich, and Chair Niel
Dilworth
Absent: None
Staff: Fire Marshal/Chief Building Official Roger Maggio, Assistant City Attorney
and Legal Advisor to the Board Markie Jorgensen, Temporary Assistant City
Attorney and Legal Advisor to City staff Mark Amberg, and Deputy City Clerk
Kevin Christian
Board mefnber Vessely recused himself fi-oin both hearing iteins due to his past business
relationship with the appellant.
PUBLIC HEARING
Chair Dilworth requested ex-parte disclosures from the Board. None were reported.
1. 150 Pismo and 299 Higuera: Appeal of Administrative Citation for Prohibited Signs; Sub
Corporation LTD, Richard Ferris, owner and appellant.
Code Enforcement Officer John Mezzapesa presented the staff report including a timeline of
inspections and responded to Board inquiries. Temporary Assistant City Attorney and Legal
Advisor to City staff Mark Amberg gave a brief oral presentation addressing the
constitutionality of the City sign ordinance.
Appellant attorney, Shane Kramer, explained that their interpretation is that the City Sign
Ordinance is content based and as such is a Constitutional violation.
Chair Dilworth opened the public hearing.
Public Comment:
Construction Board of Appeals Meeting
April 26, 2021
Page 2 of 2
Richard Ferris
Jakob Ferris
Chair Dilworth closed the public hearing.
ACTION: MOTION BY VICE CHAIR ECKRICH, SECOND BY BOARD
MEMBER WIEDEMAN, CARRIED 6-0-1 (BOARD MEMBER VESSELY RECUSED) to
uphold Citation(s) #22410 and #22409 dated September 21, 2020.
2. 2146 Parker: Appeal of Administrative Citation for Required Permit for Storage Container
and minimum setback requirements: Square Deal Recordings & Supplies Inc owner and
appellant.
Code Enforcement Officer John Mezzapesa presented the staff report and responded to Board
inquiries.
Appellant attorney, Shane Kramer, proposed that the appellant's use of the property was
consistent with historical use and therefore should be allowed.
Chair Dilworth opened the public hearing.
Public Comment:
Jakob Ferris
Richard Ferris
Kirsten Ferris
Chair Dilworth closed the public hearing.
ACTION: MOTION BY BOARD MEMBER WIEDEMAN, SECOND BY BOARD
MEMBER GARZA, CARRIED 6-0-1 (BOARD MEMBER VESSELY RECUSED)to uphold
Citation#22649 dated October 15, 2020.
ADJOURNMENT
The meeting was adjourned at 3:46 p.m. The next meeting of the meeting will be announced and
posted at least 72 hours in advance of the meeting date and time.
APPROVED BY THE CONSTRUCTION BOARD OF APPEALS: OS/11/2021