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HomeMy WebLinkAbout667.671 Howard 2023-06-09 Director's DecisionCity of San Luis Obispo, Community Development, 919 Palm Street, San Luis Obispo, CA, 93401-3218, 805.781.7170, slocity.org DIRECTOR’S DECISION AFTER REVIEW OF NOTICE TO CORRECT/NOTICE OF VIOLATION June 9, 2023 Zachary Moody 667 Howard St. San Luis Obispo, CA 93401 Subject Address: 667/671 Howard St., San Luis Obispo, CA 93401 APN: 001-122-014 Action Reviewed: Setback Violation (SLOMC § 17.16.020[B]) Case #: CODE-000085-2023 Date of Notice: May 11, 2023 Date of Request for Director’s Review: May 17, 2023 Pursuant to Section 1.24.090 of the San Luis Obispo Municipal Code the Community Development Director or designee shall review all contested notices to correct and/or notices of violation. The Director’s designee has reviewed your submitted request for review and has made the following determination: The Request is granted and the action(s) reviewed is DISMISSED. COMMENTS/REASONING The request concerning SLOMC § 17.16.020(B) regarding required setbacks is granted and the action(s) reviewed is DISMISSED. The cited code section (17.16.020) is specific to properties within a Low-Density Residential (R-1) zone. The subject property is within a Medium-Density Residential (R-2) zone, in which setback requirements are defined by a different code section (17.18.020). While the cited code section does not apply, it should be noted that the interior side and rear setback requirements for the applicable code section regarding R-2 zoning is also five (5) feet. During the initial inspection it was observed, from the public right-of-way, that the shed was within the required setback for the R-2 zone and thus was in violation of the applicable code section. Given that a new Notice of Violation would be warranted to amend the code section, and that the photos you have submitted depict the shed has since been relocated to be compliant with setback requirements, it does not seem reasonable to move forward with code enforcement action. As stated above, the violations have been dismissed and the code enforcement case will be voided. This decision is not appealable, but any challenges to the director’s decision may be raised as part of an appeal from an administrative citation (if an administrative citation has been issued or is subsequently issued in connection with the Notice) pursuant to Section 1.24.100. Thank you for your cooperation in maintaining your property and in preserving the beauty and unique character of our City. Sincerely, Michael Loew Deputy Director/Chief Building Official