HomeMy WebLinkAbout1/25/2023 Item 4a (received following meeting), apRoberts
From:Jim apRoberts <
To:Advisory Bodies
Subject:ARCH-0040-2021 (841 Patricia)
This message is from an External Source. Use caution when deciding to open attachments, click links, or respond.
Honorable Commissioners,
Regarding ARCH-0040-21 (841 Patricia)
We live at 251Twin Ridge Drive -where we have been neighbors to the subject property since 2009- and we are here in
support of the staff recommendation of denial for the proposed creek setback exception.
We have been following the review process for the proposed residence, ADU, and creek setback exception since it began
in early 2021.
Over that time, we have written several times to the Planning Division with requests for information and to comment on
how we saw the proposed project as inconsistent with our neighborhood, the sensitive creek environment, and City
policies. Staff response has been timely and helpful to our understanding of the process.
The fundamental problem with the proposed project is the bridge to cross the creek and the landing of each end’s
abutments past the top of bank and within the creek itself.
The inconsistency with City policies as outlined in the General Plan and the Conservation and Open Space Element are
obvious and well described in the staff report.
Approval of a creek setback exception requires that all eight findings outlined in the zoning code be met. The following
five findings are clearly not met:
Number 1. Minimizing impacts should mean that there is no development in the creek itself. The location and
design of the proposed bridge builds into and all the way through the 20’ creek setback and therefore does not
minimize impacts to scenic resources, riparian habitat, and opportunities for wildlife habitation, rest and
movement.
Number 4. There are no circumstances applying to this site, such as size, shape or topography that would deprive
the property privileges enjoyed by other property in the vicinity with the same zoning. Other nearby lots have
similar sloping topography and the oversized nature of the lot afford far more opportunity to explore the
property’s by-right privileges.
Number 5. Approving the creek setback exception would constitute a grant of special privilege. A creek setback
exception would be inconsistent with the limitation upon other properties in the neighborhood such as where the
creek continues parallel to nearby Pasatiempo Drive, those homes respect the creek setback.
1
Number 7. Site development can be feasibly accomplished with a redesign of the project. There is approximately
24,000 square feet of lot area available to work with apart from the creek and eastern portion of the lot, more
than enough to support the roughly 6,000 square feet of residential development proposed.
Number 8. Redesign of the project would not deny the property owner reasonable use of the property given
comparable development scale in the neighborhood, even on a larger than average lot. It is reasonable to place
them on the western side of the creek and could be creatively done without a loss of building area.
In the 14 years we have lived near this creek and we, along with our neighbors have undoubtedly benefited from the
natural setting of the creek. Preserving the creek by denying the setback exception request will respect the creek’s
vegetation and wildlife while maintaining a natural amenity for all, including the applicants. Approving the setback
exception will be a significant detrimental impact on the environment.
Thank you for your consideration of this matter and again we support the staff recommendation and the proposed
resolution, and hope that you will vote for denial on this matter.
James & Kathleen apRoberts
251 Twin Ridge Drive
San Luis Obispo, Ca. 93405
2