Laserfiche WebLink
RESOLUTION NO. HO2016-003 <br /> A RESOLUTION OF A HEARING OFFICER OF THE CITY OF <br /> NEWPORT BEACH APPROVING WITH A CONDITION THE <br /> ABATEMENT EXTENSION PERIOD FOR THE PROPERTY <br /> LOCATED AT 123 MARINE AVENUE (PA 2016-133) <br /> WHEREAS, Chapter 20.38.100 of the Newport Beach Municipal Code (NBMC) <br /> requires nonconforming' nonresidential uses in residential zoning districts to be abated <br /> and terminated upon the expiration of time periods identified by the NBMC. Following the <br /> issuance of an Abatement Order, Chapter 20.38.100 provides that a property owner may <br /> request an extension of the abatement period in order to amortize the owner's investment <br /> in the property and avoid interference with use of the property; and <br /> WHEREAS, an Abatement Order was issued on or about August 30, 2016 by <br /> Community Development Director Kimberly Brandt, AICP, which was confirmed without <br /> change after the Hearing of the matter on October 17, 2016. <br /> WHEREAS, an application for an extension of the abatement period was filed by Dan <br /> Miller, operator of the Village Inn, on behalf of the property owner of 123 Marine Avenue, <br /> and legally described as Balboa Island Sec 4 Lot 15 Blk & Lot 16 Blk 1 Ex E 10 Ft Lots 15, <br /> requesting an extension of the abatement period specified by the NBMC Section 20.38.100. <br /> Applicant seeks an extension that will allow the continued operation of existing restaurant <br /> located at 123 and 127 Marine Avenue for ten years from the date of the Hearing Officer's <br /> decision. The residential property upon which the restaurant encroaches at 123 Marine <br /> Avenue is located in the Two-Unit Residential, Balboa Island (R-BI)Zoning District, where <br /> such nonresidential uses are not permitted; and <br /> WHEREAS, a public hearing was held on October 17, 2016, in the Corona del Mar <br /> Conference Room (Bay E-1 st Floor) at 100 Civic Center Drive, Newport Beach. A notice of <br /> time, place and purpose of the meeting was given in accordance with the NBMC and <br /> other applicable laws. Evidence, both written and oral, was presented and considered at <br /> this meeting. At the close of the Hearing a period of 10 days was extended for the <br /> submittal of additional materials, at which time the Record was final and closed; and <br /> WHEREAS, the hearing was presided over by William B. Conners, a California <br /> licensed attorney experienced in municipal law and Hearing Officer for the City of Newport <br /> Beach; and <br /> WHEREAS, the Hearing Officer finds and determines as follows: <br /> 1. PRELIMINARY LEGAL DETERMINATIONS. <br /> As used throughout,the term`nonconforming"refers to the status of legal nonconforming. <br />