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HomeMy WebLinkAbout02-a - Additional Materials Received -LAW OFFICES OIL PHILLIP A. CASE E-MAIL: PHILLIPQPACATTORN>rY.COM 7'LLEPHONR (949) 760 -6933 FAX (949) 640 -0847 August t5, 2012 Newport Beach'Zoning Administrator 3300 Newport Boulevard Newport,Beach, CA 92661 Re: J-DIND DGLIVCRE,D Cuse No. Pending Dear Sir or Madam Administrates.: Zoning Administrator Hearing: 08 -15 -12 Item No. 2: Additional Material Received PA2012 -083 First and foremost, I believe this hearing should be wholly or partially continued for the following reasons: We only received notice of the hearing last week b infol'matioit sent to my Dacl's office (explained later) as opposed to our home located at., north and adjacent to the subject property with a view over said property from our higher elevation. Because of the delayed notice, I am unaware of what the specific issues are and also and more importantly, I have never been given sufficient opportunity to look at the reconstruction plans. History: in or about April or MayI 1 11 -Wasked me to allow surveyors onto my property so as to make evaluations regarding .a home remodel. At that time, I expressed that I very notch wanted to be kept in the loop so that I could provide my input before too notch money was spent and that suchan argument would NOT be the partial basis for altowing,the reconstruction. In or about June, our Home Owner's Association ( "HOA ") became a legitimate HOA, for the first .time requiring that annual fees be paid b the Shore Cliff's Home Owners. I was distraught and dismayed.tiathen.I found.that one set of� reconstruction plans had.already been approved by the H.DA architectural committee without any notice, participation or luiowledge to me. I am informed and believed thatlowas recently serving on the IIOA architectural committee, Anyhow, I sent an email to 0011 June 2, 2012, expressing my concern. Thereafter,.the HOA assured tine that they will keep me involved and. that "I DON'T NEED TO EXPRESS ANY CONCERN OR OPINION UNTIL THE STICKS GO UP." Thereafter,.I again expressed my concern toln, via text message that I be kept. in the loop but that I would head the advice of the HOA. I hereby set forth to any and all concerned that I have been asking for involvement in this remodel sense I became aware of it's conception and that any argument bye that Inc has invested time and money to this project as a reason for it's being accepted by any governing body should fall on deaf ears. My statements loft regarding my involvement were made to prevent that actuality, yet I have been and remain; completely OUT OF THE LOOP, No property will be more affected by this remodel than mitre, and z0nlny.0t: ap8 Page 2 of 3 to date, l have received absolutely no Information whatsoever regarding the scope of the remodel, despite several requests and demands. In fact, it seems the HOA, entirely led me astray when they informed me it was customary for me to only become involved "after the sticks go up." Now, at the last minute, I '1111 reading notices of issue preclusion. This home his been in my Family since 1980, inasmuch as I maintain the property and expenses, it has been placed in trust to. me and lily siblings but providing nnc with an option to purchase upon my Father's<lennise. Notwithstanding, my Father hasgiven full authorityand retained my services to act as h'is attorney on this matter, thus, for these reasons, I ann presenting my argument in the first person. My rather only received notice of this hearing last week at his office. My wife also recently took notice from the signs posted on= property. Whereas there is mention of ISSUE PRECLUSION it) the notice documents, I wholly object to this sanction as I have not been given proper notice and /or any sufficient time to investigate this matter. I consider this to be both a procedural and substantive violation of lily due process rights. If this hearing.shall not be coatimied,.l fully object to any and all variances being issued for the reasons stated above and, including but not limited to, the following- First, Iann not exactly sure .ofwhat the full scope.of this hearing entails,wrecently sent tine a text message, however, from what I understand this variance is a request to proceed with a Major Remodel which would increase (lie size of his [ionic by 36% but said remodel is being limited to 10% because the. garage is less than 20. by 20 feet. At this point, [ am constrained to set forth that this code section was not arbitrary or capricious but was put in place to )rotect adjacent homeowners from loss of use and enjoyient of their property. I understand thatais making the case that this is simply a matter of inches, but this variance. for the so called "natter of inches" could have. a major impact on his project and the view and use and enjoyment that I seek to protect; 2. I very much understand that this might cause to create a new plan that, does not. violate THIS code but mightfilrther try to obstruct Iny view !!!:and and enjoyment of my property. Notwithstanding, as his request for a variance ultimately seeks to increase the size of his living space by an enormous 36 %, I am constrained to object to file issuance of a variance for all conceivable reasons, stated and unstated; 3. Inasmuch as I have a four car garage on my property which is a two story home, I don't believe that it is reasonable for a to be given a variance, especially when you consider the extent of the substantial remodel which I. call only imagine is to build out the entirety of his THIRD STORY. At this time, I don't-believe he uses his small two car garage for anything but storage and parks only one of his vehicles on his relatively small driveway. The other is parked in the street; and 4. With all this added living space. (36%) and such a small garage, future homeowners of his property must likewise be considered inasmuch as dozens of drivers could be forced to share this inadequate garage space that clearly does not have enough garage storage, car space and /or even z0hiRg ai.wl)(I Page 3 of 3 driveway space. The bottom line is that HIS GARAGE IS CLEARLY NOT OF ADEQUATE SIZE. For all of tl}ese reasons and those stated at the eventual hearing of this matter, we respectfully request that you deny fmrequest for a variance in accordance with the Newport Beach Zoning Laws. Any and all correspondence to me should be mailed to: Phillip. A. Case 330 Morning Canyon Rd. Corona del Mar, CA 92625 Very truly yours, PHILLIP A. CASE, Esq. Attorney for the firm PAC:1k.r cc: hand deliverc(l) ShoreclifFs Conmaunity Association (faxed with Notice of Public Hearing). Zoning-0 lsyd