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Ms. Leilani Brown <br />January 22, 2019 <br />Page 2of6 <br />discretion, may not apply to the specific project submitted. The City of Newport Beach reserves <br />the right to mandate deviation from the Standards, if particular project conditions require special <br />consideration." <br />Where the Harbor Commission approval included a 26 -foot setback from the southerly property <br />line and a 24 -foot setback from the bulkhead with 46 boat slips, the 2018 plan locates the marina <br />6 inches from the southerly property line, and 5 feet from the bulkhead. In addition, the number <br />of boats increased from 46 slips to 50 boat slips. This new 2018 plan is in direct conflict with the <br />approved plan. The City failed to provide any analysis between the approved plan and the 2018 <br />plan, and issued the 2018 approval without notice to the prior appellant. Furthermore, the 2018 <br />plan results in an intensification of the use related to the placement and number of the largest <br />boat slips. The record is void of any analysis related to this intensification of use. <br />Incompatible with Surroundings <br />Risk to Safety and Liability <br />The redeveloped marina will be located within 6 inches of the common water -side property line <br />with 2782 Bayshore Drive where Mr. Moriarty has a boat side -tied. The side -tied boat is located <br />completely within the prolongation of the 2782 Bayshore Drive property line. However, if the <br />marina is built to within 6 inches of the property line, the property at 2782 Bayshore Drive <br />including Mr. Moriarty's boats, dock, and the residence could easily be accessed by the public by <br />simply stepping from the marina onto Mr. Moriarty's boat. An inherent risk to safety and <br />liability to the homeowner exists, because a person would be able to access a residential property <br />through access from Mr. Moriarty's dock or through the accessway located along either side of <br />Ms. Morrison's property. This creates an attractive nuisance that could be avoided by increasing <br />the setback between the southerly property line and the bulkhead. <br />Risk to Privacy <br />The interface between Newport Marina and its immediate residential neighbors is unique in <br />Newport Harbor. Very few commercial marinas span across the waterfront of single-family <br />residences. In the instances where a commercial marina does span the waterfront of single-family <br />residences, the smaller boats are berthed in front of the residences and the larger boats are <br />appropriately sited away from residences. This configuration can be seen in the Bayshore <br />Marina, the Balboa Bay Club, and at the Lido Yacht Anchorage. Other marinas employ buffers <br />to provide physical separation between boats and residences. Newport Marina would be the only <br />commercial marina permitted to have 62 -foot boat slips that could accommodate boats up to 80 <br />feet in length directly in front of the single-family residences. <br />While private views are not a protected right, views should be considered as a part of the <br />intensification of the marina and for compatibility with its surroundings. Neighboring residences <br />impacted by the new marina's 62 -foot slips would lose their views of the harbor on their first <br />floors and would have obstructed views on their second floors. More importantly, the residences <br />