HomeMy WebLinkAbout5/6/2019 Item 2, Sostrin
Goodwin, Heather
From:Jesse Sostrin <jsostrin@gmail.com>
Sent:Wednesday,
To:Advisory Bodies
Cc:Bell, Kyle
Subject:Written Comments for Case #: ARCH 0049-2019,R-2zone
Attachments:Letter from 971 Rachel Ct concerning Case ARCH 0049-2019 R2zone.docx
Advisory Body members,
Please include the attached letter regarding Agenda item #2 (Case #: ARCH 0049-2019,R-2zone ) for the May 6th ARC meeting.
Thank you - Jesse Sostrin
1
Advisory Body
Care of the City Clerk
990 Palm Street
San Luis Obispo CA 93401
Submitted via Email: May 1, 2019
Advisory Body Members,
We purchased our home at 971 Rachel Ct. in January 2017. Prior to the purchase we inquired directly about
the empty lot on the North side of Rachel Ct. adjacent to the retaining wall. We were assured by both the
builder, as well as the HOA Board, that there were indeed approved plans to build a home on the lot, and that
the future home would be constructed consistently (in both footprint and design) with the existing
neighborhood.
Although the lot's ownership has changed hands several times since then, we have never objected to a home
being built on the lot because it was part of our expectations from day one. However, we felt it was important to
write this letter now because the proposed design put forth by the current owners of the lot poses aesthetic
consequences for the neighborhood, potential structural risks to our home, and possible legal liabilities for the
HOA.
By aesthetic risks, we are referring to the proposed size of the home and its orientation on Terrace Hill. Based
on the plans, it appears to be a one-of-kind design that is larger both in size and height to all other homes. This
will not only alter the consistency of the neighborhood’s character, but it will disrupt the view shed of Terrace
Hill – a protected open space with a legal conservation plan intended to curtail incompatible construction like
this. Both of these factors could unnecessarily diminish the value of properties in the neighborhood.
By structural risks, we are referring to the existing retaining wall and drainage swale that will be directly
affected by construction. As the City is aware, the adjacent neighborhood, Leland Terrace, has a history of
instability against Terrace Hill and our neighborhood has shown signs of similar concern due to soil compaction
and drainage problems. Several homes, including ours, have had driveways replaced and/or have been
surveyed and closely monitored to ensure no unnatural settling or movement of the homes have occurred.
Although it may be a slight risk, there is a risk that construction on the westerly property line of the lot,
specifically a house larger than originally intended, could disrupt engineered drainage and soil stability
measures already in place and put homes on the South side of Rachel Ct. at risk.
By legal liabilities for the HOA, we are referring to the fact that the HOA is responsible for a series of
easements that include the retaining wall, large drainage swale, etc. that overlap with the footprint of the
proposed construction. Any construction that could potentially compromise the stability and/or long-term
viability of the assets connected with these easements should be avoided to reduce the potential for litigation.
If the City approves the planned construction, then a legal document should be drafted that A) absolves the
HOA of liability and B) clearly specifies that we, as landowners on Rachel Ct., have an absolute right to the
continued stability of the land in its natural condition. If a neighboring owner alters his or her land so as to
remove the lateral support for the landowner’s land, that neighbor is liable for any harm caused to the
landowner’s land.
With Respect,
Jesse Sostrin & Joy Sostrin