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City of Newport Beach <br />Hearing Officer Resolution <br />Abatement Extension - Boswell <br />(313 East Balboa Boulevard) <br />Page 2 of 4 <br />2. The length of time the use was operating prior to the date of nonconformity <br />justifies the extension of the abatement period beyond the code specified <br />one year. <br />Facts in Support of Finding: The property became nonconforming in 1989, 22 years <br />ago, when the City Council adopted Ordinance No. 89 -34 that changed the zoning of <br />the subject property from the C -1 District (Commercial) to the R -2 District (Two - Family <br />Residential), to bring the zoning into conformance with the General Plan Amendment <br />87 -1 (A) adopted on October 24, 1988. The existing structure and use conformed to the <br />Land Use Element of the General Plan for the prior 40 years. An extension to the one - <br />year abatement period is justified due to the significant length of time that the use was <br />operating in conformance with the General Plan. <br />3. The existing structure is not suitable for conversion to an alternate use. <br />Facts in Support of Finding: The current building is not suitable for conversion from the <br />existing commercial use to a residential building without demolishing and building new, <br />or major renovation to provide adequate living areas and residential parking, and <br />displacement of the current residential tenants. Any new residential use would have to <br />comply with all current municipal requirements, including height, floor area and parking. <br />The current designations would allow up to two dwelling units and require four garage <br />parking spaces on site. <br />4. No harm to the public will result if the nonresidential use remains beyond <br />the one year abatement period. <br />Facts in Support o f Finding: Th a mixed -use building is located in an area that is <br />occupied by other nearby nonresidential uses; including public utilities and retail uses. It <br />is anticipated that the continued commercial use of the subject property will remain <br />compatible with the surrounding uses and will not have any negative impact on the <br />residential uses in the vicinity, as it has for the past 57 years. The commercial tenant <br />(tattoo parlor) of the mixed -use building, up until September of this year, had been in <br />operation for over 22 years and had not created any negative impact on the neighboring <br />uses. <br />F:IUSERS\PLN \Shared \PA'S \I'AS - 2010\ P. A2010 - 188 '%PA2010- 188ResoorApprm:dFINAL- II- iO- 2011.docx <br />