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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