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A homeowner in Pismo Beach achieved a legal victory over the city’s efforts to obstruct his property development plans along Highway 101.
The residence of Andrew Grow on Shell Beach Road has become a focal point in a two-year conflict that highlights the complex zoning regulations affecting the lot. This dispute centers on Grow’s proposal to install a rainwater collection system.
Grow’s intended system would be situated at the northern end of his property, allowing him to collect approximately 50,000 gallons of water annually for use in landscaping and fire safety measures.
In addition to personal use, Grow aims to make the water collected available to firefighters serving his part of Shell Beach, given that the nearest fire hydrant is located nearly 1,500 feet from his home.
After a series of denials from the Planning Commission and City Council regarding his requests for the rainwater system, Grow pursued legal action in September 2023, feeling he had no alternative.
“They suggested that I didn’t understand the zoning rules and could build whatever I wanted, which was completely unfounded,” Grow remarked.
The city of Pismo Beach denied Grow’s proposal based on an Open Space-1 designation, which governs the property and allows for residential development within a section of an open space area. He seeks to install the water tanks in the already developed part of his lot.
Reasons Behind the City’s Denial
Despite the reasonable nature of Grow’s project, he faced challenges rooted in the property’s complicated legal and zoning history.
The property had previously been embroiled in legal battles initiated by its former owner, Stan Bell, who argued that the city had effectively restricted his ability to utilize the land.
These legal proceedings ultimately resulted in the property being designated as Open Space-1, aimed at preserving natural resources and ecosystems.
The subsequent owner, Mike Spangler, managed to obtain city approval to construct a home and driveway in 2003, though he could not alter the property’s unique zoning status.
Spangler filed a lawsuit after the city ceased utility services to his home and imposed fines for refusing to comply with zoning restrictions.
Ultimately, a judge ruled in Spangler’s favor, asserting that the fines were a coercive measure intended to enforce an open-space easement.
This confusion regarding the easement contributed to Grow’s legal challenge, as the city claimed Grow’s proposal would extend lot coverage, a point Grow contested and subsequently validated in court.
Outcome of the Legal Challenge
Grow’s lawsuit sought to clarify the open space easement agreement’s terms with the assistance of San Luis Obispo Superior Court Judge Craig Van Rooyen.
In its defense, the city maintained that Grow’s interpretation was overly broad, characterizing his desire for development as an attempt to gain unrestricted approval for future projects.
Moreover, the city argued that current improvements to the property do not allow for any expansion.
However, the court found that the city had mischaracterized Grow’s request, asserting that the existing developments were compatible with the easement’s standards.
Judge Van Rooyen rejected the city’s motion for judgment, determining that Grow is entitled to develop within the “developed area” defined by the easement.
Grow clarified that the ruling does not alter the zoning of his property but delineates where development can occur without being hindered by lot coverage limitations.
The city of Pismo Beach chose not to comment on the verdict.
Looking ahead, Grow anticipates returning to court to address the denial of his construction permits and is eager to advance his rainwater collection project.
“My primary goal is to maintain the property’s appearance and ensure it contributes positively to the community,” Grow stated. “It serves as the gateway to the north end of Shell Beach.”
Source
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