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HomeMy WebLinkAbout05/30/2013 - Hearing OfficerNEWPORT BEACH ZONING ADMINISTRATOR MINUTES 05/30/2013 NEWPORT BEACH HEARING OFFICER MINUTES 100 Civic Center Drive, Newport Beach Balboa Island Conference Room (Bay D -1st Floor) Thursday, May 30, 2013 REGULAR HEARING 9:30 a.m. A. CALL TO ORDER — The meeting was called to order at 9:30 a.m. Staff Present: Judge John C. Woolley, Hearing Officer Brenda Wisneski, Deputy Director of Community Development Javier Garcia, AICP Senior Planner B. PUBLIC HEARING ITEMS ITEM NO. 1 219 Diamond Avenue - Bakman Residence - Reasonable Accommodation No. RA2011- 002(PA2011 -118) 219 Diamond Avenue CD 5 Javier Garcia, AICP Senior Planner, provided a brief project description stating that the application is to allow an addition to an existing dwelling that would exceed the permitted floor area allowed in the Zoning District. The applicant requests reasonable accommodation for relief of the Zoning Code limitations since the property would be occupied by a disabled person. Judge Woolley, Hearing Officer, asked for the names and addresses of all persons attending the hearing. Those appearing were Barry Walker, architect, working for the applicant; Jim Moser, Back Bay Area resident and does not live on or has interest in any property on Balboa Island; and John Neel, 221 Diamond Avenue, neighbor to the north of the subject property. Judge Woolley, Hearing Officer, asked the applicant, Jane Bakman, if there was anything new to add to the information that has already been received. Ms. Bakman, applicant and daughter of Virginia Bakman who is the property owner of 219 Diamond Avenue, stated that she had two additional letters to submit for the Hearing Officer's consideration. One letter was from Virginia Bakman's caregiver and the other was a copy of Virginia Bakman's DMV parking placard. The letter from the caregiver referred to a cardiologist but presented no supporting information directly from the doctor. Ms. Bakman stated that her mother is confined to a wheel chair 75 percent of the time and a walker the remainder of the time; and further discussed the operational design of the first floor, kitchen and living area. She expressed the desire to make the area more comfortable for the mother and caregiver and stated that the openings and accessibility of the first floor living area were too small for the wheelchair. The Hearing Officer restated his question to Ms. Bakman asking whether there was any new information or change. Ms. Bakman responded that the health of her mother has deteriorated over the last two years. The Hearing Officer asked the age of the mother and ownership of the property, and other questions. Ms. Bakman stated that the property has been owned by her family since 1969, title currently lies with her mother. Ms. Bakman resides in Orange County. The Hearing Officer acknowledged that the new information includes: the mother is 91 years old and that the mother's health condition is deteriorating. Additionally, the mother needs 24 -hour care, three 8 -hour shifts 3 times a day, and requires a wheel chair 75 percent of the time. The Hearing Officer acknowledged the doctor's information from a letter dated August 2011, and characterization of her mother's medical condition. Ms. Bakman describes that her mother was using a walker prior to the recent use of the wheel chair, a description of the deteriorating health. Page 1 of 3 NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 05/30/2013 Ms. Bakman stated that if the accommodation for her and her mother cannot be obtained that they will relocate to another property where they can both be comfortably accommodated. The Hearing Officer reiterated to Ms. Bakman that the accommodation is for the mother and not for her or the caregivers. Ms. Bakman described a proposed future change to the floor area to add an elevator or wheel chair lift within the breezeway. A conceptual floor plan was distributed at the meeting which also showed a new bathtub. The Hearing Officer asked about the dimensions of the existing ground floor bathroom (not the new breezeway bathroom). The Hearing Officer asked the architect if the existing ground floor can be reconfigured to provide a wheel chair accessible bathroom within the existing building. The Hearing Officer asked the applicant to confirm they would move if the building expansion could not be approved as requested. The Hearing Officer stated that the portions of the home are currently exposed because the construction stopped which has a negative effect on the longevity of the building. The Hearing Officer stated that the issue is "how can the City adjust its standards to allow the disabled person to occupy the house utilizing the concept of Reasonable Accommodation ". The Hearing Officer opened the public hearing John Neel, property owner of 221 Diamond Avenue to the north, stated that he wanted construction to commence but he opposed the reasonable accommodation to allow the floor area to exceed the limit of the Zoning District. He is also opposed to enclosing the breezeway since it will adversely affect the air circulation to his property and other properties have similar breezeways. The Hearing Officer stated that he observed several properties that have similar building configurations as the subject proposal. He further stated that other jurisdictions have zoning laws similar to the City. He acknowledged the frustration that the applicant has expressed with regard to the process that she has pursued. Jim Moser, resident, expressed his understanding that the issue of whether or not the additional floor area is medically necessary to accommodate the disabled person and he agrees to defer the decision to the Hearing Officer. Javier Garcia, Senior Planner, asked the applicant to could affect the rear dwelling unit and may result in a worsening medical condition stated by a cardiologist needs of the disabled person. elaborate on the future elevator or wheelchair lift that reduction in floor area. He further inquired about the who had not commented previously on the medical The Hearing Officer inquired on the confidentiality request for the medical needs letter and offered that she may waive the confidentiality and he will comment on the letter as presented. Ms. Bakman requested to maintain the confidentiality of the letter. A letter was presented to the Hearing Officer from Stephen Torrey, Jr., 217 Diamond Avenue, the neighbor to the south of the subject property. The Hearing Officer announced that he will take all the information under submission and will render a written decision that will be presented in the near future. He also stated that there is an appeal process available to the applicant if she so wishes to pursue. He asked if there is anything else to be presented by Ms. Bakman on behalf of the application. Ms. Bakman stated she had two comments, first, that she wishes her mother to have her dignity and graciousness preserved and secondly that the Hearing Officer decision is not based on emotion. Seeing that no one from the public wished to comment the public hearing was closed. Page 2 of 3 NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 05/30/2013 Action: Decision Deferred D. PUBLIC COMMENTS ON NON - AGENDA ITEMS None. ADJOURNMENT The hearing was adjourned at 4:13 p.m. The agenda for the Hearing Officer was posted on May 24, 2013, at 4:30 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 May 24, 2013, 2013, at 4:55 p.m. Deputy Director Minutes reflect discussion of meeting but were not reviewed or approved by the Hearing Officer. Page 3 of 3