Because Ms. Ling is already in violation because there are two containers on one parcel and they are each located within 2-3 feet of the home, she is not allowed to obtain a use permit. Ling and her caretaker John Mahoney argued that it would be more intrusive and detrimental to move one structure to her neighboring parcel as it would then become visible to her neighbors. Mahoney also pointed out that the neighbors specifically requested that they not move the containers because where they are located now, they are not visible to the neighboring public. Supervisor Ted Novelli agreed. Mahoney also said that they are requesting that the Ordinance regulating sea containers be reviewed because it can impose a certain hardship on landowners. Supervisor Oneto pointed out that several people have come to him as well, concerned with the regulations of the ordinance.
Chairman Louis Boitano said, while people may be upset with the ordinance it has been in affect for over a year, and the impacts, regulations, and requirements of the ordinance were all discussed during a public hearing “and there were no complaints until now,” he said. It was decided after more discussion that it would not be harmful to review the ordinance. The board also decided that it would be best for Ms. Ling if they denied her appeal and stayed the order until they have had sufficient time to both adopt a resolution of intention to review the ordinance, and then actually have the ordinance reviewed by either the Planning Commission, staff, or a committee. At such a time that they are done with the review they will again review Ms. Ling’s request. Supervisor Richard Forster pointed out that just because they are reviewing the ordinance, it doesn’t guarantee that any changes will be made. It is advised that those who have expressed concern in regards to the regulations for sea land containers voice those concerns during the review process of the ordinance.