HomeMy WebLinkAbout01-17-2012 Agn C Rowley PH3Residents for Quality Neighborhood s
P.O .Box 12604 .San Luis Obispo, CA 93406
January 14, 201 2
RE : January 17, 2012 Agenda Item #3 – 1247 Vista Del Lag o
Appeal of Revocation of Home Occupancy Permi t
Dear Mayor Marx and Council Members :
Since its inception, RQN has supported residents' rights to peaceful enjoyment o f
their homes . Loud, excessive noise can cause a great deal of agitation, anxiety, an d
frustration in a residential neighborhood, particularly if it is repetitive over a long period o f
time . The appeal before you exemplifies a situation where residents have suffered fo r
quite some time from persistent noise and other problems from a home occupation that i s
not compatible with the neighborhood . We are hopeful that Council will uphold th e
decision to revoke appellant's permit and restore peace to this residential community .
According to the city's reports and correspondence in this matter, the appellan t
operated her piano lesson business in her home for approximately two years prior t o
applying for a Home Occupation Permit . During that period, several neighbors complaine d
to City staff about the noise and traffic problems being created as a result of appellant's
business operation . When appellant finally applied for a Home Occupation Permit i n
November of 2010, several neighbors protested the issuance of the permit due to th e
history of problems they had already endured for years . Staff granted the appellant a
permit, but made it contingent upon continual compliance of not only the standard hom e
occupancy conditions but several additional requirements that were specifically delineated .
The final condition stated that if there were substantiated complaints of non-compliance o f
any of the conditions, the permit could be revoked .
Neighbors have submitted letters and photos to staff and to the Plannin g
Commission that provide proof of appellant's numerous violations of the conditions of he r
permit. Accordingly, the appellant should not be rewarded for her recalcitrant behavior b y
being allowed to continue operating her piano lesson business in her home . This type o f
home business is not feasible in a planned condominium complex where walls an d
driveways are shared and residences are in close proximity to one another . Everyday livin g
noise is expected and tolerated by residents who live in this type of development ,
however, the noise generated by the appellant's business far exceeds those norma l
expectations . The desire to operate a business from one's home should not supersede th e
importance of preserving the peace, safety, and enjoyment of other residents living in thei r
homes . If the City allows appellant's business to continue in this neighborhood, a negativ e
precedence could be set that would create a lower standard for granting Home Occupatio n
Permits in residential neighborhoods throughout the city .
ZETIN AGENDA
'd6 /ITEM #-3
RE : January 17, 2012 Agenda Item #3 — 1247 Vista Del Lago Page 2
Appeal of Revocation of Home Occupancy Permi t
It is important to note that the number one "Requirement for Approval" listed o n
the Home Occupation Permit application states :
"Home occupations shall not involve customer acces s
or have other characteristics which would reduc e
residents' enjoyment of their neighborhoods . Th e
peace and quiet of residential areas shall be maintained .
Accordingly, we encourage you to affirm the decision to revoke the appellant's
Home Occupation Permit and restore a peaceful quality of life to this neighborhood .
Thank you for your consideration in this matter,
hard copy:
email :
o COUNCIL a CDD D1R
a CITY MGR o Fn.DIR
a ASST CM a FIRE CHIEF
o ATTORNEY a PW DI R
a CLERK/ORIG o POLICE CHIEF
a PM a PARKS &REC DIR
o TRIBUNE a UTILDI R
a NEW TIMES o HR DIR
a SLOCITYNEWS a COUNCIL
a CITY MGR
a CLERK
Sandra Rowley
Chair