HomeMy WebLinkAbout06-26-2018 - Hearing OfficerNEWPORT BEACH HEARING OFFICER MINUTES 06/26/2018
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NEWPORT BEACH HEARING OFFICER MINUTES
100 Civic Center Drive, Newport Beach
Newport Beach Conference Room (Bay B-1st Floor)
Tuesday, June 26, 2018
REGULAR HEARING
2:00 p.m.
I. CALL TO ORDER – The meeting was called to order at 2:02 p.m.
Present: Edward Johnson, Hearing Officer
Staff Present: Melinda Whelan, Assistant Planner
II. PUBLIC HEARING ITEMS
ITEM NO. 1 Landon Elevator Addition - Reasonable Accommodation No. RA2018-001 (PA2018-069)
Site Location: 205 North Bay Front CD 5
Melinda Whelan, Assistant Planner, provided a brief project description stating that the reasonable accommodation
application is to request relief from Newport Beach Municipal Code (NBMC) Section 20.18.030 (Residential Zoning
Districts General Development Standards) and Section 21.18.030 (Residential Coastal Zoning Districts General
Development Standards). The NBMC Sections allow an elevator addition to exceed the maximum allowed floor area
when added to the floor area of an existing single-family residence. The proposed elevator is approximately 5 feet
wide, adding 40 square feet to the existing 3,403-square-foot, single-family dwelling. The existing dwelling and new
elevator meet all other applicable Zoning Code and Local Coastal Program requirements, including setbacks and
building height.
Ms. Whelan further stated the project is in compliance with Federal and State Fair Housing laws. Reasonable
accommodations in the City’s coastal zoning and land use regulations, policies, and practices are permitted when
necessary in providing an individual with any disability an equal opportunity to use and enjoy a dwelling. Ms. Whelan
referenced correspondence received from the project Architect, Jeff Benson, addressing alternative elevator
locations within the existing area of the home and explaining that the locations are infeasible due to the existing
configuration of the residence. Locating the elevator within the existing area would disrupt the existing hallways
needed for wheelchair access, create loss of use to primary living spaces, and would cause unknown structural
alterations with dramatically higher construction costs. Therefore, the disabled individual would be denied an equal
opportunity to enjoy the upper levels of the residence without the reasonable accommodation.
Ms. Whelan concluded that the proposed accommodation would not result in any fundamental alterations to the
character and use of home or the neighborhood and that staff is recommending approval of the Reasonable
Accommodation, subject to the findings and recommended conditions of approval included in the draft resolution.
Applicant Benson Design and Architecture on behalf of the property owner Marvin Landon stated that they had
reviewed the draft resolution and the required conditions.
The Hearing Officer opened the public hearing. Seeing that no one from the public wished to comment the public
hearing was closed. The Hearing Officer indicated he would deliberate on the information received in this public
hearing and render a decision at a later date.
On June 26, 2018, Hearing Officer Edward J. Johnson approved Reasonable Accommodation No. RA2018-001.
Action: Approved
IV. PUBLIC COMMENTS ON NON-AGENDA ITEMS
None.
NEWPORT BEACH HEARING OFFICER MINUTES 06/26/2018
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V. ADJOURNMENT
The hearing was adjourned at 2:26 p.m.
The agenda for the Hearing Officer was posted on June 22, 2018, at 1:05 p.m. on the City Hall Bulletin
Board located in the entrance of the Council Chambers at 100 Civic Center Drive and on the City’s
website on June 22, 2018, at 1:40 p.m.