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HomeMy WebLinkAbout00 - Non-Agenda - CorrespondenceReceived After Agenda Printed March 26, 2019 Non -Agenda Item Subject: FW: Permitting and Construction Control issues and taking of property Attachments: Urgent Corr to City re allowing taking of my property at 1210 W Oceanfront and request Sept 2016.docx From: Denys Oberman [mailto:dho@obermanassociates.com] Sent: Monday, March 25, 2019 11:33 AM To: Brown, Leilani <LBrown@newportbeachca.gov>; Dept - City Council<CityCouncil@newportbeachca.gov> Cc: Denys Oberman <dho@obermanassociates.com>; Laura Curran <lauracurran@me.com>; dorothyikrause@gmail.com; Peggy Palmer <pvpalmer@icloud.com>; iimmosher@yahoo.com; Larry Mathena <Larry@mathenaesq.com>; Linda Klein <Ikleinl4@me.com> Subject: Permitting and Construction Control issues and taking of property PLEASE ENTER THE ATTACHED DOCUMENT INTO PUBLIC RECORD AND DISTRIBUTE TO CITY COUNCIL FOR NON -AGENDA ITEM RE. CITY COUNCIL SESSION 3-26-19. PLEASE REFERENCE SUBJECT LINE, ABOVE. THIS IS PERSONAL CORRESPONDENCE OF RESIDENT: Denys H. Oberman Please disregard unrelated signature and Confidentiality Notice, below. THANK YOU. Regards, Denys H. Oberman, CEO M10BERMAN SkolWy Qnd Fir wK" AdvkW!, OBERMAN Strategy and Financial Advisors 2600 Michelson Drive, Suite 1700 Irvine, CA 92612 Tel (949) 476-0790 Cell (949) 230-5868 Fax (949) 752-8935 Email: dho(a-)obermanassociates.com CONFIDENTIALITY NOTICE: The documents accompanying this transmission contain confidential information belonging to the sender which is legally privileged. The information is intended only for the use of the individual or entity named above. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or the taking of any action in reliance on the contents of this telecopied information is strictly prohibited. If you have received this transmission in error, please notify us immediately at 9491476-0790 or the electronic address above, to arrange for the return of the document(s) to us. Corr. To City re. 1210 West Oceanfront 9-18-16 September 18,2016 Ms. Kim Brandt, Director of Community Development City of Newport Beach 1 Civic Center Dr. Newport Beach CA Re. URGENT MATTER- 1210 W. Oceanfront and 1200/1204 W. Oceanfront Dear Kim, Thank you for meeting with me to clarify the City's ordinances relating to side setbacks on residential properties, generally, and particularly as relate to the "zone" where my home is located at 1210 W. Oceanfront including that and adjacent parcels on the block. I also appreciated your helping me to access and review the City's information regarding Building permits.The City has done a great job with the organization of that data into electronic form, to be utilized for current and historical projects. I am writing you to ask your assistance with addressing an urgent matter . To recap our discussion, I am a homeowner at 1210 West Oceanfront on the Balboa Penninsula. My property is and always has been zoned as a Single family R-1. The development and occupation of my property, since I have owned it from 1991 and with prior owners, has been planned, permitted, inspected, and certified by the City as a Conforming property, including with respect to our side setbacks, which have always been 36 inches or more. This was confirmed in the documentation available in ours and the City records which you graciously facilitated our access to. We have just learned that the City is about to issue a Certificate of Occupancy for the property next to us, newly developed as a single family home, now called 1204 West Oceanfront. It is owned by the same family that owns 1200 West Oceanfront through a recent purchase from the prior family. Those properties were originally developed and functioned as a single occupation, known as 1200 West Oceanfront. The pending Certificate of Occupancy includes a 6 ft. high block site wall approximately 6 inches in width, which has been constructed on our property despite our repeated objection. If a Certificate of Occupancy is issued for this, the City will have granted right to this property which I have had for over 25 years and has been certified by the City, to a second Owner. Additionally,the placement of this block wall has taken away our side setback by 4 -6 inches, rendering it prospectively Non -conforming, which poses the following adverse consequences to us: • Loss of safety setback embedded in the 36 inch requirement • Loss of functionality( ingress/egress ) • Loss of erosion control • Diminution of property value, due to prospective Nonconforming status which would cause me as current, or a new owner in event of property sale, to have to tear down principal structure to achieve conforming status.( This value has been preliminarily estimated to us to be in the $300-500k range, therefore material.) When it initially become apparent to us that the Owners were taking our property and installing development improvements on it, we tried to get staff building inspectors to come out to review the site with us, but they refused to do so, citing that they would come at the "required milestones". I have attempted for months to address this issue with the new Owners at 1200/1204 , without success and at considerable effort , expense, and personal distress. I am confident that the City would not want to engage in the taking of our property by taking away our property right and giving it to another party. I therefore respectfully request that you proceed with the following action, immediately, to help work with us to address and resolve the situation. 1. Immediately direct City staff to NOT issue a Certificate of Occupancy for 1204 West Oceanfront until this matter is resolved, ( if issuance pending, suspend it) 2. Direct staff to revoke or suspend any Final Inspection which may have been completed and approved, pending review of our rights and the site with us. 3. Direct new Owners and their contractor to restore our property to its prior conforming stature and condition by : • Removing the 6 inch wide block wall, and replacing it with a 2 inch fence of wood or similar material, to be located where the prior boundary fence was estalblished to restore our sideyard property and conforming property side setback status . I greatly appreciate your assistance ,Kim and will follow up with you to address this later today. Thank you, Denys H. Oberman Resident and property owner at 1210 West Oceanfront Cc: Greg Page, David Sherbeck