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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 ¢,OUNCIL CDD DIR "AO ❑ FIN DIR 14ECEIvEp Gr9r=NEY OP DRIEF NOV 4 OCLER WNW ❑ POUCE CHF }945 ❑ MGWr TEAM ❑ REC DIR O C FILE ❑ UTIL DIR CIT' ARK ❑ PERS DIR SAN LME ORtSPO.CA