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HomeMy WebLinkAbout05-08-2025 CBOA Minutes 1 Construction Board of Appeals Minutes May 5, 2025, 1:00 p.m. Council Chambers, 990 Palm Street, San Luis Obispo CBOA Members Present: Member Aisling Burke, Member Amando Garza, Member Denise Martinez (left meeting at 1:18 PM), Member Craig Smith, Vice Chair Gresham Eckrich, Chair Niel Dilworth CBOA Members Absent: Member Christopher Wiedeman City Staff Present: Chief Building Official Michael Loew, City Clerk Teresa Purrington _____________________________________________________________________ 1. CALL TO ORDER A Regular Meeting of the San Luis Obispo Construction Board of Appeals was called to order on May 5, 2025, at 1:00 p.m. in the City Council Chambers at City Hall, 990 Palm Street, San Luis Obispo, by Chair Dilworth. 2. OATH OF OFFICE City Clerk Teresa Purrington administered the Oath of Office to newly appointed Commissioners Aisling Burke, Denise Martinez, and Craig Smith. 3. ELECTION OF CHAIR AND VICE CHAIR Motion By Vice Chair Eckrich Second By Member Smith To appoint Niel Dilworth as Chair of the Construction Board of Appeals. Ayes (6): Member Burke, Member Garza, Member Martinez, Member Smith, Vice Chair Eckrich, and Chair Dilworth Absent (1): Member Wiedeman CARRIED (6 to 0) 2 Motion By Chair Dilworth Second By Member Garza To appoint Gresham Eckrich as Vice Chair for the Construction Board of Appeals. Ayes (6): Member Burke, Member Garza, Member Martinez, Member Smith, Vice Chair Eckrich, and Chair Dilworth Absent (1): Member Wiedeman CARRIED (6 to 0) 4. PRESENTATION / INTRODUCTION 4.a ROLE OF THE CONSTRUCTION BOARD OF APPEAL Assistant City Attorney Amberg provided a brief presentation regarding roles and responsibilities of the Board. Public Comment: None --End of Public Comment-- 4.b INTRODUCTION OF FIRE MARSHAL Fire Chief Todd Tuggle introduced the City's new Fire Marshal, Josh Daniel. 5. PUBLIC COMMENT FOR ITEMS NOT ON THE AGENDA Public Comment: None --End of Public Comment-- 6. CONSENT Motion By Vice Chair Eckrich Second By Member Smith To approve Consent Items as presented. Ayes (6): Member Burke, Member Garza, Member Martinez, Member Smith, Vice Chair Eckrich, and Chair Dilworth Absent (1): Member Wiedeman CARRIED (6 to 0) 3 6.a CONSIDERATION OF 2025 CBOA CALENDAR AND RULES 6.b CONSIDERATION OF MINUTES - 2/22/2024 CONSTRUCTION BOARD OF APPEALS MINUTES 6.c CONSIDERATION OF MINUTES - 4/25/2024 CONSTRUCTION BOARD OF APPEALS MINUTES 7. PUBLIC HEARING 7.a “NOTICE AND ORDER” FOR 1150 LAUREL LANE Member Martinez declared a conflict on this item as her residence is within 300 feet of this property. She left the meeting at 1:18 PM Board Members Burke, and Garza and Vice Chair Eckrich indicated they had no ex-parte communications. Board Member Smith indicated he had the following ex-parte communications: a phone call with Chuck Brett and he knows Pat Smith. Chair Dilworth indicated he had the following ex- parte communications: a meeting with Chief Building Official Michael Loew and Assistant City Attorney Mark Amberg regarding procedures for the hearing. Community Development Director Timmi Tway and Deputy Director/Chief Building Official Michael Loew presented the staff report and responded to Board inquiries. Tom Jess, Applicant's Representative, provided a presentation and responded to Board questions. Chair Dilworth opened Public Comment Public Comment: Kathy Borland CJ Horstman Andrew Isaacs Joe Priola Jackie Loew --End of Public Comment-- Motion By Vice Chair Eckrich Second By Member Smith To uphold the Finding 1: Unsafe Structure: IPMC 111.1.1 - An unsafe structure is one that is dangerous to life, health, property aor safety. 4 Ayes (5): Member Burke, Member Garza, Member Smith, Member Wiedeman, and Chair Dilworth Recused (1): Member Martinez Absent (1): Vice Chair Eckrich CARRIED (5 to 0) Motion By Member Smith Second By Chair Dilworth To uphold Item 2: Structure Unfit for Human Occupancy: IPMC 111.1.3 - A structure is unfit for human occupancy when it is unsafe, unsanitary, or open to the elements. Ayes (5): Member Burke, Member Garza, Member Smith, Vice Chair Eckrich, and Chair Dilworth Recused (1): Member Martinez Absent (1): Member Wiedeman CARRIED (5 to 0) Motion By Vice Chair Eckrich Second By Member Burke To uphold Item 3: Unlawful Structure: IPMC 111.1.4 - A structure is unlawful when occupied contrary to law or where required permits have expired without completion. Ayes (5): Member Burke, Member Garza, Member Smith, Vice Chair Eckrich, and Chair Dilworth Recused (1): Member Martinez Absent (1): Member Wiedeman CARRIED (5 to 0) Motion By Member Smith Second By Vice Chair Eckrich To uphold Item 4: Dangerous Building: IPMC 111.1.5 - A dangerous structure is on with defects or conditions considered as dangerous by the code. 5 Ayes (5): Member Burke, Member Garza, Member Smith, Vice Chair Eckrich, and Chair Dilworth Recused (1): Member Martinez Absent (1): Member Wiedeman CARRIED (5 to 0) Chair Dilworth call a recess at 3:25 PM. The meeting was reconvened at 4:25 PM Assistant City Attorney Amberg provided a brief overview of the revisions made to the draft Resolution.(See attached highlight and strikethrough.) Motion By Member Smith Second By Vice Chair Eckrich Adopt Resolution No. CBOA-01-25 entitled “A Resolution of the Construction Board of Appeals of the City of San Luis Obispo, California, denying the Appeal of Patrick Smith, on behalf of Laurel Creek, LP, and upholding the Notice & Order, Determinations, and Findings to support declaring the building at 1150 Laurel Lane a dangerous building” upholding the Notice and Order dated March 10, 2025, requiring vacation of certain units and securing them against entry because the building is unsafe, unlawful, unfit for human occupancy and declared dangerous as amended at the meeting. (See Attached) Ayes (5): Member Burke, Member Garza, Member Smith, Vice Chair Eckrich, and Chair Dilworth Recused (1): Member Martinez Absent (1): Member Wiedeman CARRIED (5 to 0) 8. ADJOURNMENT The meeting was adjourned at 4:45 p.m. The next Regular Meeting of the Construction Board of Appeals meeting is scheduled for July 24, 2025 at 1:00 p.m. in the Council Chambers at City Hall, 990 Palm Street, San Luis Obispo. APPROVED BY CONSTRUCTION BOARD OF APPEALS: 12/04/2025