HomeMy WebLinkAbout11/14/1995, 4 - MEF
DATE Glf-/SYS GENDA j/ -
ITEM #
APPEAL OF BUILDING PERMIT APPLICATION NO. 50753, Elaine Simmer applicant and
appellant. Appeal of a determination by the Chief Building Official that a transient occupancy use,
including an existing residential structure and an additional one to be moved onto the property
located at 1292 Foothill Boulevard, must comply with requirements of the California State
Building Code disabled handicap accessibility.
NOY 91995
CITY CLERK
SAN LUIS 09ISp0,Cil
ti7EETt�AGENDA
November 9, 1995 DATE ITEM #
City Council
San .Luis Obispo
Dear Council Members :
I have an application pending with the Building Department of
the City of San Luis Obispo for a permit to move the Stenner
house from Sierra Vista Hospital to my residence at 1292
Foothill , San Luis Obispo . This property is primarily my
home and secondarily a youth hostel serving no more than 10
guests at a time . My goal in moving this building was to
increase my personal living area and also to provide a larger
facility for the summer months when I would have up to 20 guests
at a time .
The Building Department has determined that I must comply with
ADA requirements which include construction of a handicapped-
accessible bathroom, ramps to both buildings , and other improvements
which I cannot afford to do . My architect , Richard Schmidt , has
found an exemption in the building code that would eliminate the
requirement for' ADA compliance for a building being used as an
owner-occupied lodging house . The Building Department has said
that this exemption does not apply in this case , but has not
provided rationale to justify this decision.
As an alternative to the exemption described above , I have
requested that I be allowed to change my permit application to
use the house as a guest house for my own personal residence,
and continue to upe the existing house as a 10-bed hostel , with
no change in use . They have also verbally denied this request ,
and I have requested their response in writing, with appropriate
building code sections .
The City ' s Housing Element states in part : "The City will remove
regulatory obstacles to the relocation and rehabilitation of
dwellings that would otherwise be demolished due' to redevelopment
of the site . " Please consider this a formal appeal of the
Building Department ' s interpretation of the building code and a
request that this matter be heard at the next meeting of the City
Council on November 14 . The Stenner house was originally scheduled
for demolition on November 1 , and the hospital has given me an
extension until November 20 to try to resolve these issues .
Thank you.
Sincerely,
vzv
Elaine Simer to 9 1995
CITY COU"r-' rn
raW inc
November 9, 1995 MEETIN AGENDA
DATE � E ITEM #
Arnold Jonas, Director
Community Development
City of San Luis Obispo
Dear Mr. Jonas:
Regarding my building permit application to move the Stenner house to my
property at 1292 Foothill Boulevard,the key issue currently holding up the application is
whether or not the ADA law is to be applied to this project. As everyone is aware, the
money I can afford to borrow for this project is limited; and if I were required to provide
handicapped access(or even provide partial access under the "hardship" section of the
code which would add 20% to the total cost),it would put me over the limit of what I could
logically afford.
Richard Schmidt has provided the Building Department with sections from the
Building Code that would exempt this project from the ADA law, but City officials do not
agree that those exemptions apply. We are appealing their decision to the City Council,but
in the meantime, the house is scheduled to be demolished on November 20, 1995. The
owner of the Stenner house, Sierra Vista Hospital,has already given me a three week
extension from the original demolition date of November 1 to try to resolve this problem.
They are most anxious to have the building removed and have given me no reason to hope
that another extension would be granted. In order to allow the house to be moved by
November 20 and while my appeal is being processed,I would like to amend my building
permit application as follows.
Since 1292 Foothill is primarily my personal residence and secondarily a youth
hostel, I would like to move the Stenner house as an addition to my residence,a "guest
house" as allowed in the Building Code. The current youth hostel activity with ten beds
will continue as it has in the past in the existing house with one change: Cooking privileges
will be available only to me and to other permanent residents of the two buildings; i.e.,the
one to three students who live with me. Hostels (or Lodging Houses as defined in the
Building Code) are not required to furnish kitchen privileges and many of them do not, so
this is an amenity I can easily withdraw from hostel guests without undue inconvenience to
them.
I would like to bring your attention to Section 1.23.11 of the City's Housing
Element which states in part The City will remove regulatory obstacles to the relocation
and rehabilitation of dwellings that would otherwise be demolished due to redevelopment
of the site" and ask that you allow me to move the Stenner house as a guest house which
would be part of my own personal residence. The operation of the 10 guest hostel in the
existing building would continue as it currently is allowed now until the ADA issue can be
resolved. If it is decided that I must install handicapped access in order to use the guest
house as an extension of the hostel,then I would do so at a future time when I am more
able to afford the construction expense. Until then,the current use of the existing building
would not change,with the exception of cooking privileges being withdrawn from hostel
guests.
NOV 9 1995
CITY CLERK
SAN LUIS OMPO,CA
I would appreciate a written response to my request,citing all appropriate building
code sections, before the end of today so that we can resubmit our application on Monday,
November 13,with revisions as required in the plan check. I apologize for the short turn-
around time,but we must know how to proceed in order to meet the November 20
deadline. If you have any questions,please call me at 544-4678.
Sincerely,
Elaine Simer
cc: Allen Settle
John Dunn
Tom Baasch
2
Mtt?ING AGENDA 1
DATE �' ' s ITEM #=
November 14, 1995
City Council
City of San Luis Obispo
RE: Stenner House --Move to 1292 Foothill, SLO
Dear Council Members:
It appears that the issues regarding moving the Stenner house to 1292 Foothill, San Luis
Obispo,have been resolved. I am resubmitting the plans,revised according to suggestions
given by Tom Baasch of the Building Department,and I hope to have a permit to move the
house by the end of this week. Consequently,I would like to have this item removed from
the Agenda of the November 14 meeting. Thank you for the interest you have expressed
in helping facilitate the move.
Sincerely,
pp .
Elaine Simer
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