HomeMy WebLinkAbout07-17-2018 - Hearing Officer10YAHM-0w;
100 Civic Center Drive, Newport Beach
Ku"Xmtrt
Tuesday, July 17, 2018
REGULAR HEARING
1:00 P.M.
;;taiY Present: Gregg Ramirez, Principal Planner
Chelsea Crager, Associate Planner
[1. PUBLIC HEARING ITEMS
ITEM NO. I Rooten Golf Cart Parking Reasonable Accommodation (PA2018-071)
Site Address: 1411 North Bay Front CD 5
Maryann Ca ell, attorney for both Don and Joan Rooten, tenants, and Noel Watson, property owner,
advised that Mr. Watson has authorized Mr. and Mrs. Rooten to proceed on his behalf.
Marlys Vasterling advised that Mr. Watson also authorized her to speak on his behalf as she manages the
rental property for Mr. Watson.
Robert Bates requested the hearing be continued until such time as Mr. Watson can appear before the
Hearing Officer and until Mr. Rooten's physician can provide an updated medical letter.
Hearing Officer Johnson deferred consideration of a continuance.
Applicant Don Rooten stated that he seeks a location where he can park his golf cart such that it does not
infringe on any of his neighbors. After suffering a debilitating stroke in 2011, he has regained mobility and
strength but cannot walk long distances.
The Hearing Officer opened the public hearing.
One member of the public, Jake Klohs, spoke and questioned whether the accommodation will run with the
property or the tenant. He supported the applicants request for a reasonable accommodation.
The Hearing Officer explained that, should he approve the application, the draft resolution indicates the
exception will lapse when the current tenant vacates the property.
denied. Alternatively, the hearing should be continued until Mr. Watson and/or the physician can testify as to
their assertions.
Marlys Vasterling, spoke and clarified that the carport area to which Mr. Bates referred provides a second
point of access to the rear residence. The Rootens accessing the golf cart parked in the carport area would
in,ipact the privacy of the tenant in 1411 Y2 North Bay Front.
Applicant Joan Rooten stated that Mr. Rooten can walk only a few blocks before needing transportation.
Maryann Cazzell spoke and stated that the complete transcript, from which Mr, Bates provided an excerpt,
contradicts and impeaches much of Mr. Bates' testimony. Once the Rootens became aware of the issue of
moving into 1411 Y2 North Bay Front, the second garage parking space will not be available for the Rootens'
use.
In response to Mr, Klohs' query, the Hearing Officer reported he granted a different type of reasonable
accommodation the prior month. Ms. Crager advised that in her tenure with the City she has reviewed
applications for reasonable accommodation, but not a reasonable accommodation similar to the current
application.
One member of the public, Jim Mosher, spoke and suggested Finding 2 state the reasonable
accommodation will lapse upon the disabled person vacating the residence or the disability being resolved in
sorne manner,
Ms, Cazzell agreed to -install a sign stating parking is allowed by reasonable accommodation should the
Hearing Officer approve the application.
5390=
*0 age 6
an 0 ERED #nth abatement period.
NEW4,11
NEWPORT BEACH HEARING OFFICER MINUTES 07/17/2011M
The agenda for the Hearing Officer was posted on July 13, 2018, at 4:60 pm. 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 July 13, 2018, at 4:45 p.m.
Edward J. J1 7ring Officer
•.-