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RESOLUTION NO. HO- 2009 -002 <br />A RESOLUTION OF THE HEARING OFFICER DESIGNATED BY THE <br />CITY OF NEWPORT BEACH APPROVING REASONABLE <br />ACCOMODATINO NO. 2008 -002 (PA2008 -190) <br />WHEREAS, an application was filed a Reasonable Accommodation by Julian <br />Levine, with respect to the property located 115 46w Street in Newport Beach; and legally <br />described as Lot 17, Block 46, River Section Tract in the City of Newport Beach, County <br />of Orange, State of California (APN 424 - 412 -09), requesting approval of a Reasonable <br />Accommodation for relief from the Newport Beach Municipal Code Section 20.66.040 <br />(Parking Standards) for the retention of a substandard size parking space in an existing <br />garage and from Section 105.1 (Permits Required) of the California Building Code for <br />improvements constructed without permits; and <br />WHEREAS, an application for reasonable accommodation has been <br />prepared in accordance with the provision of Chapter 20.98 of the Municipal Code <br />based on the following findings and facts in support of such findings: <br />1. Finding: That the requested accommodation is requested by or on the behalf of <br />one or more individuals with a disability protected under the Fair Housing Laws. <br />This finding can be made. The Applicant has submitted evidence proving to the <br />satisfaction of City staff that he is a disabled individual, suffering from a condition that <br />substantially impairs one or more of his major daily life activities. <br />2. Finding: That the requested accommodation is necessary to provide one or more <br />individuals with a disability an equal opportunity to use and enjoy a dwelling. <br />This finding can be made based on the following facts. The Applicant has submitted <br />evidence of disability- related income limitations and medically necessary expenses, as <br />well as evidence of the cost of complying with the Zoning and Building Code permitting <br />requirements. The evidence submitted, along with the contents of the Applicant's <br />Affidavit of Disability - Related Financial Hardship (signed by the Applicant and his wife <br />under penalty of perjury) indicate that the financial hardship is directly related to the <br />Applicant's disability, and that the Applicant cannot pay for the construction costs of <br />returning the garage to its permitted condition at this time. <br />In addition, the Applicant states that undertaking construction and living in his dwelling <br />during construction will exacerbate the stress he experiences as he copes with his <br />disability. The Applicant's doctor has stated in writing that stress can aggravate the <br />Applicant's condition and lead to further deterioration, and has advised the Applicant to <br />avoid stressful situations to help slow the progression of his condition. <br />Revenue and Taxation Code Section 19542 and King v. Mobile Home Rent Review <br />Board, 216 Cal.App.3d 1532 (1989) preclude City staff from reviewing and reporting on <br />