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Home My WebLink AboutMISCELLANEOUSD PHONE CALL �J /r FOR 10 D TE l 0-13 TIME % U P M. M LEPHONED OF C 2I /- RETURNED PHONE YOUR EA LADE LIMBER EXTENSION Pt:EASE CALL FAX# I WILL CALL MESSAG AGAIN * CAME •14 TO SEE YOU KAN O SEE YOU n W 116ua4 From the dusk of U)C- runs ISABELLE L. ORD T-c,rnpl-e, C��si d�� ►'�� pl-C cj—>-)fce ct hy)-C . c eryu) cp75 �l p�'NOF tt� � ► �y �`� �d o� isles, -ems r ate.._ 1� 04 4b 6� I 0 A /,� �F /jjI 1 REQUEST FOR PERMIT TO DEMOLISH EXISTING ILLEGAL STRUCTURE 114 E. Bay Ave, Newport Beach To: fiVfs�a�ricia Temple?Planning Department Director Mr. Javier Garcia, AICP, Planning Department Senior Planner Mr. Robert Kain, Planning Department Assistant Planner From: Isabelle Ord, owner of 114 E. Bay Ave., Newport Beach (949) 675-4310 (home), (714) 424-8216 (work) Date: September 25, 2000 Re: Permit for Demolition of Illegal Structure I am writing to you pursuant to the instructions of Robert Kain of your office who has been assisting me with my attempts to obtain a permit to demolish an existing illegal structure on my property. I. Histogy of My Request to Demolish Existing Illegal Structure. In June 2000, I purchased a single family residence located on the Balboa Peninsula at 114 E. Bay Avenue, Newport Beach. In the rear of this structure is an illegal apartment which I would like to demolish. The apartment entirely fills the back portion of my property and I would like to remove it to create a small yard behind my home. I hired a demolition contractor, Mr. Gonzales, who attempted to obtain a permit from the City of Newport Beach (the "City") in late June 2000. Mr. Gonzales was denied the demolition permit because I had not submitted plans to replace the demolished apartment with a garage. The garage requirement was based upon a determination by City inspector Betty, who had inspected the property in late May 2000 and classified the illegal structure as a garage. Betty's inspection was done in conjunction with the sale of 114 E. Bay Avenue to another buyer (the "First Buyer") who actually met with Betty at the property. This buyer later dropped out of the purchase and the house was put back on the market. I purchased the property in early June 2000. The structure behind my home was not built as a garage and has never been used as a garage. I will explain below in detail why the structure is not a garage. Once I learned that my contractor was unable to get the permit for demolition, I spoke with Marina at your offices. When Marina learned that the structure had never been a garage, Marina informed me that my best course of action was to ask Betty to change her classification from "garage" to "illegal apartment" which would allow me to obtain a demolition permit. I spoke with Betty and explained to her that the structure had never been a garage and asked her to reclassify the stricture as an illegal apartment. Betty referred to her report and said she was unable to do this. A copy of Betty's report is attached to this Request. As you will note on Betty's report, Betty fords the structure should either be demolished or converted into a garage. I relied upon the options created by this language in purchasing the property with the understanding that I could demolish the illegal apartment. In spite of Betty's suggestion, conversion of the existing structure to a garage is impossible for two reasons. First, as described more fully below, the apartment is long and narrow. It runs the length (not the width) of the property and is not deep enough to park a car. Second, my contractor informs me that the entire structure is riddled with termite damage and structurally unsound; it therefore cannot be renovated. After I learned that Betty could not change her classification, I went in person to your offices and spoke with Mr. Kain. Mr. Kain made every effort to assist me. He explained that my property is required to have one covered parking space unless there has never been a garage on the property. When I assured Mr. Kain that the structure has always been an apartment, Mr. Kain explained that the City needed to verify this. Mr. Kain therefore arranged for a City photographer to come to my residence and photograph the apartment. Several weeks ago, the City photographer came to my property and photographed the structure from several angles. After the pictures were developed, I went in person to your offices and spoke to both your photographer and Mr. Kain. Both Mr. Kain and the photographer agreed that the structure was not and had never been a garage. As the pictures - clearly show, the structure is a permanent, illegal apartment that is very long and narrow. Furthermore, the photographer was appalled at the disgusting and decayed condition of the structure and advised me that it should be torn down immediately. Mr. Kain has copies of these pictures which depict the apartment. Based upon your City photographer's on site examination and photographs, Mr. Kain advised me that my contractor could obtain a permit for demolition. Several days later, Mr. Gonzales again attempted to get the permit, but again was denied, based again upon Betty's determination that, the structure is a garage. We had now come full circle in my attempts to demolish the structure. At this point, Mr. Kain spoke with his supervisor and advised me to prepare this appeal, setting forth why the structure is not a garage and never has been a garage and why I should be permitted to demolish the structure. II. The Structure Has Always Been An Illegal Apartment. The main house at 114 E. Bay Ave is a craftsman style beach cottage that was built in 1929. The main house has an old 1920's driveway and no garage was built with the house in the 1920's. At least 30 years ago, an illegal apartment was built behind the main house. The prior owners, the Skeouches, can verify this information. This apartment was rented by a mentally disabled man for a small sum for 30 years. This gentleman was recently evicted when the First Buyer made an offer on the property. It is worth noting that this old tenant was angry to be evicted, has an alcohol problem and has several times returned to his old apartment and been found passed out on the floor. As I am a young woman living alone, it makes me extremely uncomfortable to know that this individual has been sneaking onto the property and I fear these trespasses will continue while his old apartment continues to stand. This concern greatly motivates my eagerness to demolish the old apartment. As your City photographs will show, the apartment is long and thin and runs almost the length of the property. The apartment consists of a main living area, a full kitchen and a full bathroom. I have attached pictures of the interior to give you an idea of the length and narrow width of the apartment as well as the permanent apartment features of the interior. As you can see, there are permanent glass windows, a permanent shower, sink and toilet, and a permanent kitchen, including sink, counter and cupboards. As you can tell from the badly deteriorated condition of the apartment, the apartment has existed for a number of years. The apartment is barely seven feet in width which is not sufficiently deep to permit the parking of a car. Furthermore, because of the apartment's narrow width and great length, there is no means to turn from the alley into the space. Further, even if I could turn into the space, it would be impossible to open the car doors! The apartment forms part of the "fence" onto the alley way behind the property and is an eye -sore. Several of my neighbors have expressed their wishes to me that I demolish the structure. III. W Request. I respectfully request a permit to demolish the existing illegal apartment located at 114 E. Bay Avenue without being required to construct a garage on the property. As this request and the photographs show, the property is not wide enough to permit the construction of a garage. The apartment I seek to demolish is not and never has been a garage. Thank you for your time and attention to my request. If you require any further information or if you would like to view the apartment yourself, please do not hesitate to contact me. I greatly appreciate your assistance in this matter. Sincerely, Isabelle L. Ord 15 City of Newport Beach Building Department RBR Permit No, R2000-0404 PO Box 1768 NewportBeadh, California 9265E-8915 Permit Counter Telephone (S49)644.328BO289 Inspec6en RequestsTelephone (949)644 3216 jobAddms: 114 BAY AVE E Bldg: 1 Floor. Suite: . InspectorArea:BA Legal Des= Owner SKEOCHFAMILYTRUST ' Applicant Address: 345MERRILEEPL Address DANVILLECA S4525 Phone: Phone: Deseription of Work: CUP R1 HARPER MARIA O Escmw: 2US ECOASTHWY Address CORONA DEL MAR CA92625 94916734400 Phone: FREEDOMESCROW 2CMC PLA2A,S1E200 NEWPORTSEACH CA92660 9491644.n39 FsclwvNo:34284•KR TypeofCons—. %*u Building SeibacksRear I UseZmte:rR•1,� Occupancy Group: R3 Front i Paddng Spas: �/ No of Slorim, Let I Spedal Condillons: D1IP1EK oKPERJ GAP01% No of Units: 2 Right -BUILDINGPERMITHISTORY----------------- .- — ^" 00010907 ADD BATH 5 ALTER INTERIOR 00017052 07t3011986 REROOF GARAGE,SPLY FIBERGLASS WINDT ASPHALT 'METRO SCAN SHOWS DUPLEX' NOTICE This report discloses only those permlis,zorhfng regulations, and land uses which are contained in our city records orwere observed during the InsPecgm of the premises on the above date. it 0legal uses, occupancies or construction are discovered al anytime, correction procedures will be Instituted against the owner of recant in some instances. an'As-Built Building PermBmay have been issued, aolmowiedgingthata building change or addition has occurred without dlYInspection orappmvds. This permit does nctattest to the qualflyoradequacyofthe work performed. The City of Newport Beach does not warrant ftj the inspection cMe premitses revealed all building and zaring violafions located therem PTOPertY owners are advisM that zorCing and land use Imys 11M subject to changes. Existing properties not meeting newlyadopted zoning or land useregulatiom. but which were legal at the time of consbudror,are classified as"Legal Nor Conforming" and may be used as such urttii replaced or extensively remodeled. The'Legal Nan Conforming" $taws may he lost irthe use is discontinued foran extended period. If anyt*re are questions regarding the non conforming status, the buyerkansferea is advised to contact the building department for applicable code requirements. e SIGNED REPORTTO BE RETURNED TO BUILDING DEPARTMENT WITHIN 30 DAYS OF CLOSING., / J RECEiF T ACKNOWLEDGEMENT I certify that copy of INS report was delivered to me prior to the comptetivn of the sate or transfer of the property described herein. iNCPEC71ONS DATE 11 PE DATE INMAL : DATE: DATE t Ow, r '09/26/00 TUE 11:13 FAX 949 559 1841 TARBELL/IRVINE 0 003 RESIDENTIAL BUILDING RECORD INSPECTION CHECKLIST Zoning: ( ou many units: Code allows 'anit.• NBMC Chupter 20.10 ( 2. Garage Parking Is inadequate. Provide vehicle acppnss,i�bl�e{p�arking s ace�s.X _, NBMC 20.66,040 �No struetur or encroachments into yd. setbacks _LO--1 nay l�c itolsSrfe � yd. setbacks. N �IC �\ „Chapter 2 dDu' �.(' `l 10 I#u'ildln <dt% ( ) 1. Building permitLLc regttllree f'or ions/orations): Section 106.1 UBC G Plans and documentation required. Contact permit counter (949) 644-3288 for submittal requirements. Other: Life Safety lssuese ( ) I. An operable State Fire Marshall approved and listed smoke detector Is required in dwelling upon pile or transrer. UBC 310.16.3 (additional detectors are required if additions or alterations In excens of S1,010 have been mode Top of staircase ( ): Each floor level ( ): Hall leading to bdrms. ( ); All bdrms. ( in addition to the above). ( ) 2. O u. Emergency egress is required for bleeping rooms. UBC 310.4 O b. Security'bars on bedroom egress windows must be equipped with quick release mechanism. or removed, ( ) 3. Fire separations: ( ) a. A self -closing tight fitting 13/8" solid cure door with an operable self•closing device between garage and dwelling is required. UBC 302.4 Exception 3. ( ) b. A one -hour tire -resistive construction (518" thick plaster or 5/8" type X drywall, Joints raped) between a garage and dwelling. 302.4.3 s and landing must be protected with ur ( ) c construction of 518" thick piasterror 518" type X drywall. r Enclosed usuble spitce under Joints taped. UBC1006.13syistive ( ) 4. Guardrails 36" high are required on balconies. decks or landings over 30" above grade. UBC 509.1 ( ) 5. Intermediate rails for guardrails at stairs, balconies. landings and for vertical pool fencing shall not be greater than apart. (4" after June 8, 1992; 91 UBC Section 1712 and 6" before June 81 1992; 88 UBC Section 171 U 9" before April 9, 1990; 79 UBC Section 1716) ( ) 6. Handrall(s) are required where four or more risers exist must be 34 to 38 inches above tread nose. UBC 1006.9 ( ) 7. O Provide seir•closing self -latching pool gates ( ) Latch to be minimum of 54" above adjoining grade ( ) Fences to be 00" above grade non -climbable. NBMC 15.09.030 ( ) 8. Garage floor surfaces shall be non-combustible (remove carpeting). UBC 312.5 ( ) 9, Visible house number from street. contrasting with background on bldg, or fenced entrance. (NBMC 13.12,210) ( ) 10. Structural hazards: Located ( ) 11. Other; Plumbs Q�C� ( Water heaters to be stripped with CA. Saute approved selsmic strapping, HSC 19211 ( 2• Provide additional combustion air for water heater compartment, Lsq. inJL000 B'fU. IOU sq. in. min, n botW . UPC 507.3 ( ) 3. Gas plots and burners for water heaters or pool treaters must be 18" above garage floor. UPC 510.1 ( ) 4. Permit required. UPC 103. L ( ) 5. Other: laactrical: garbage Extension cords shall not be used as u substitute for permanent icing (suchthis cord. as garage door opener, g g disposal or light fixtures. --other)+ ( ) ?• 400.8 improperly installed or faulty electrical wiring is not permitted NEC 1 L0.12, it should be removed from (, ) 3. Other: