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WORKSHEET FOR BUILDING FIRE PERMIT APPLICAT'RRBOR RESOURCES DIV.
CITY OF NEWPORT BEACH CITY OF NEWPORT BEACH
PLEASE PRINT OR TYPE BUILDING DEPARTMENT
1. PROJECT ADDRESS (NOT MAILING ADDRESS) FLOOR SUITE NO.
f
vt
LEGAL DESCRIPTION No. UNITS
LOT BLOCK TRACT
2. DESCRIPTION nF.WORK IUSE 010-07K (%&17—
NEW P ADD F1 ALTER E] DEMO E]
MA;l �Lk cm
Check Appropriate Box
# OF STORIES
VALUATION $ 9,�m, ce
SQ FT
(NEW/ADDED/EXTG)
-F
3. OWNER'S NAME LAST IRST
OWNER'S AD�ESS
OWNER'S E-MAIL ADDRESS
CITY STAM: ZJ�Wo
X/ 5
PHONE NO.
4. ARCH ITECT/DESIGNER'S NAME LAST FIRST
LIC. NO.
ARCH ITECT/DESIG NER'S ADDRESS
ARCHITECT/DESIZ;NER'S' E-MAIL ADDRESS
CITY STATE ZIP
PHONE NO.
E-. rKleNlKlr-r-fnlf% KIARA _I AST
U F-11ju 14r-r-rl 0 114^JVIE FIRST
Q-rA-rC7 I U' Kin
Q If% I" I 'Aw.
I -
ENGINEER'S ADDRESS
ENGINEER'S E-MAIL ADDRESS
CITY STATE ZIP
PHONE NO.
F] 6. CONTRACTQfiM.VAME
BUSINESS LIC.
Po -(67-// Zl>-,?3Y,No.7
STATE LIC.
�7,?p - 4.> A
_5 Glass
CONTRACTOR'S ADQ SS
GONTRACTOR'S E-MAIL ADDRESS
Cirw STATI�n zip 0,
�,APHM
OFFICE USE ONL Y
PERM -IT NO.
TYPE OF CONSTRUCTION PLAN CHECK NO.
PLAN CHECK FEE $
OCCUPANCY- GROUP PLAN CHECK ENG.
Forms0dg.appfication 10-1 B-02
City of Newport Beach
Marine Department
P.O. Box 1768
Newport Beach, CA 92659-1768
Attn: Tony Melum, Tidelands Administrator
Re: dredging @ 645 Via Lido Soud
Dear Tony,
Due to the only acceptable tides for the above referenq#o- jWft6urring
outside of normal working hours we are forced to work u n jq;W "r A
. tj� ' _ - p � "
June 3, 1997. We have mentioned this to the owner of the projeet WJM-
will inform his neighbors.
Thank you for your cooperation anq,, should yoV- have arvy quesflbft�j please
call.
Sincerely,
1-4. Ala&L'
641eI;kI0--) h/
Lorenzo C. Miller
Vice President
cc: Police Dept.
Harbor Dept.
File
875 B West 15th Street, Newport Beach, California 92663 Phone (714) 548-5359 Fax (714) 548-5315
General Engineering Contractors/License No. 561434/Marine Construction and Dredging
�EPLY TO
ATTENTION OF:
Office of the Chief
Regulatory Branch
Tony Melum.
Tidelands Administrator
City of Newport Beach
P.O. Box 1768
Newport Beach, California
DEPARTMENT OF THE ARMY
LOS ANGELES DISTRICT, CORPS OF ENGINEERS
911 WILSHIRE BOULEVARD
LOS ANGELES, CALIFORNIA 90017
92658-8915
May 13, 1997
SUBJECT: NOTICE TO PROCEED (File No. 97-00233-SDM)
Dear Mr. Melum:
Reference is made to your letter dated April 22, 1997 in which you submitted on behalf
of Mr. MacGregor who resides at 645 Via Lido Soud, a notification for the maintenance
dredging of 160 cubic yards of sand and silt material by hydraulic suction and disposal of the
dredged material on the adjacent beach.
Based on the furnished information, we have determined that the proposed
maintenance dredging activity complies with the terms and conditions of Permit No. 89 -211 -
GS provided that Mr. MacGregor's contractor does not exceed the maximum dredging design
depth of -5 feet MLLW with a maximum allowable overdepth of -1 foot MLLW.
If you have any questions, please contact Spencer D. MacNeil of my staff at
(213) 452-3417. Please refer to this letter and 97-00233-SDM in your reply.
Sincerely,
Mark Durham
Chief, South Coast Section
Enclosure(s)
CA
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"JAMIT
;TED TO CONSTRUCT AND
ON THE REVERSE HEREOF,
AT Tir TO THE PROVISIONS OF
THE --:;4 POiAGIES OF NEWPORT BEACH AND
A, LISTED HEREON. THIS PERMrr
!v.3�'�RABLE WITHOUT THE WRITTEN CONSENT OF
H.4%RBOR COORDINATOR OR CITY COUNCIL THU
S C21VLN UNDER THIS PERMIT AR"ERMISSIVE ONLY
AND THIS PERMIT MAY BE R OKED 4Y/TkiE ' CQUNCL
CITY
M
�N ACCORDANCE WITH 17 7OF MUNICIF COD
df fWAWO-RCOORDINATOR
PERMIT NO. DATE
PEPY171 ISSUED SUaJECT rO
DREDGE MATERIAL BEING
HAULEDTO SEA
P;A%D ON DEACH
HARBOR PERHIT APPLICATION
�City of Newort Beach Fire & Marine De]2artment
Please Print: (Front & Back)
Roger� MacGregor 645 Via Lido Soud, Newport Beach (714) 642-6830
1. Appiicant..(Property Owner) Address Tei
ephono
645 Via Lido Soud,
3. New Construction Revision Maintenance Dredging x
4. Fee $200 Check No.= Da7te-- 3/31/97
$Ibb.UU requested from client
5. Brief Description of Proposed,Work: maintenance dredging
6. Submit Drawings(3) Include: 1 -Location and dimension of
proposed structure 2. Location Of bulkhead 3. Location of
property lines and lot size 4. Location of channel markers within
200 feet of proposed pro�ect 5.. Existing ground profile, and area
and profile of any dredging with elevations showing de th
relative to MLLW 6. Elevations of top and bottom of piYes and
bulkheads with respect to MLLW 7. A�iy special conditions
affecting the construction or . affecting boating operations. 7.
Owner Builder/Contractor Declaration/Ins- zmation
7. Applicant's/Agent is Signature Date 4/18/97
8. Work can begin once the City has received evidence of the
follow, ing additional approvals and ym have been Wtified to
proceed -
OFFICE USE ONLY
Approval in Concept. Date
APPrOval:Of the City of Newpor�_ Beach Council. Date
Approval of the Army Corps -of Engineers. Date
Approval of the California Coastal Comnission. Date
Approval Of the City's Public Works Department. Date
Approval of the City's Building Department. Date.
County of orange. Date
Issued. (Pemnit is stanped drawing) Date
Site Inspection.(call 644-3043 for amointment) Date
Site Re -Inspection. Date
Conditions:
QW=-BU11DM DECLAMI
I hereby affirm that I am exempt from the contractor's license --
law for -the following reasons: (Sec.7031d.5, Business and
Professions Code) �ny City or County which requires a�permit to
construct, alter, improve,.demolish, or repair any structure,
prior to.-its:j.ssuance, also requires the applicant for such
permit to f ile -a signed statement that he is licensed pursuant to.
the proyi . si on of -the Contractors License Law (Chapter 9
commencing -with Section 7000) of Di ision 3 of the Bu
ivi siness and
Professions'Code) or that he is exempt therefrom and the basis
for the alleged exemption. Any violation of Section 7031.5 by any
applicant for a permit subjects the applicant to a civil pernalty
for not more than five hundred�dollars-($500).
I, as owner of the prppert-�),, or my employees with wage� as
tEe--ir soltz., compensation, will do ` uhe work, and the structure is
not intended or offered for sale (Sec. 7044, Business and
Professions Code: The Contractor's License Law does not apply to
an owner of property who builds or improves thereon, and who does'
.such wo-,rk hin-self or throuqh his own employees, providedthat
such hTtorovements are not intended.or offered for sale. If,
howevez-_,_ the building or improvement is sold within one yearlof
completion, the owner-builde-r will have the burden of proving
that lie did not build or improve for the prupose for sale.)
I, as owner of the property , am exclusively contracting
---H--Eicensed contractors to construct the project (Sec. 7044
wit L_ I
Business and Professions Code: The Contractorls"License Law does
not apply to an owner of property who builds or improves thereon,
and who contracts for such pro�ects with a-,contractorl(s) License
pursuant to the Contractor's License Law).
I am exempt under Sec. of Business and
Pro-Te—ssions Code for this reason: ---
Owner Signature Date
ContraCtor Shellmaker Inc. Telephone (714) 548-5359
Address 875 "B" West 15th Street, Newport Beach, 'CA 92663
License Class- A&B State Board No. 561434 City License No. 96002210
LIMMED CONTRACTOR'S DECLARATICN
I hereby.affirm that I am licensed -under provisions of qmpter 9
(commencing with Section 7000) of Division 3 of the Business and
Professsions Code, and mylicense full force and effect.
Contractor Signature Date 4/18/97
Project Locatign: 645 Via Lido Soud
Cubic Yards to be Drddged: 160 cubicyards
Method of Dredging:_ hydraulic suction
Nature of Dredged Material:. sand/Rilh
Disposition of Dredged Material: -.-pump nnl-- Adiagent beach
Method of Material Disposition:: pilpellne
Turbidity Control Method; burbidiby curbain-as rectuired
Effect of dredging on contiguous bulkheading and beaches resbores
bgach and reinforces bulkhead
lo, T.nrqnzp hereby state that I have read the U. S. Army
(print name)
Corps of Engineers permit for maintenance dredging in Newport Harbor, the
City of Newport Beach and Orange County HarborspBeaches and Parks District
(if applicable) permit for maintenance dredging and that I accept all the
provisions therein.. iiAdditionally I guarantee that the proposed dredging
will not occur because of any altering of -existing use of the affected
zone.
Rooer MacGr-
�:J
(App,licant-type-name)
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DA rf4.1
C.AiffWAC MAN
PE
City nf IT APPLIC&TICK
&-Marine 12=artment-
Please Print: (Front & Back)
Roqer. MacGr gor 645 Via Lido Soud, Newport Beach
Applicant. (p
-LuY -E-uy uwner)
645 Via Lido Soud
1
(714) 642-6830
.. / 77-- 06 iY'5 ' .'
kiartor Pe =__u -E-#
3. New Construction Revision
4. Fee $200 Maintenance Dre(:Iqing x
CT IS 8 Check No.27-Tr D�aEe 3/3 . /97
-(JE) r_e__q_u_e's_Ted from
5. Brief Description of proposed Work:. maintenaxice dredging'
6. Submi ------------
t Drawings (3) Include: I.LocatJon and dimension o -c
PrOposed Structure 2. Location of bul - A.
Property lines and lot size 4. Locati khead 3. Location of
On Of channel markers within
200 feet of proposed project 5. Existip$r ground ]profile, and area
and profile of any dr�!dginq with elevations s
relative to MLLW 6. Elevations of tcp and bot 119V de th
bulkheads with respect to MLLW 7. AnV special t ti PiTleo and
affecting the construct, - condtiorls
Owner Builder/Contrac 'on or affec4n4 boating rations. 7.
tor Declaration/:
Ins=ance Onnation
7. AL;plicant, 13/Agent , g Signature C -
Date 4/18/97
8. Work can begin once the City has received evi .
following additional approvals and dence of the
I = have bagn ned-ifled
ead.
OFFICE USE ONLY
Approval in Concept.
Date
Approval of the City of Newport Beach Council. Date
Approval of the Army Corps of
Engineers. Date
P-PPro-%lal Of the California Coastal Cmdssion, . Date
Approval of the Cityls public Works, Department. Date
Approval of the City s Building Department. Date.
County of�Orange. Date
Issued. (pe=it is gtanped drawing) Date
Site In action. (gall- 644-1043 ar=o4ntM='- Date
Site Re -Impaction.
Date
00 P
Conditions:
-=DM nr4!r_1r.ARA.T_TnW
I hereby affirm that I caun exempt f rom the contractor s license -
law for the following reasons: (Sec.7031d.5, Business and
Professions Code) �PY City or County which requires a � permit to
construct, alter, improve, demolish, or repair any structure,
Prior to its issuance, also requires the applicant for such'
permit t . o f ile a grCed, statement that he is licensed pursuant to.
the provision of ntractors License Law (Chapter 9,.
commencing with Section 7000) of Division 3 of the Business c�nd
Professions Code) or that he is exempt therefrom and the basis
for the alleged exemption. Any violation of Section 7031.5 by �Lny'
a licant for a permit sub�jects the applicant to a civil pernalty.
r not more than five hundred- dollars, ($5o,o)..
I, as owner of the property,, or MY employees with wages as
Me= sole compensation, will do the work, and the structure is
not intended or offered for sale (Sec. 7044, Buslin ss and
Professions Code: The Contractor's License Law does not apFly to
an owner of property who builds or improves thereon, and w 10 does
such work hifimelf or through his own employees, provided that
such improvements are not intended or offered for sale. If,
however, the building or improvement is sold within one year'of
completion, 'the owner -builder will have the burden of pFov?-ng
that lie did not build or improve for the prupose for sale.)
I, as owner of the property , am exclusively contracting
wiER-Ticensed contractors to construct the project (Sec. 7044,,
Business and Professions Code: The Contractor, s,',License Law does
not apply to an owner of property who builds or improves thereon,
and who 6ontracts for such projects with a Contractor, (s) License
pursuant to the Contractorls License Law).
I am exempt under Sec. of Business and
P—ro-Fe—ssions Code for this reason:
Owner Signature Date
ContraCtor Shellmakdr Inc. Telephone . (114) 548-5359
Address 875 "B" West 15th Streetp Newport Beach# CA .92663
License Class A&B State Board N0.56.1434
City License No. 96002210
LIMMED CCMr1'RACMR1s DECZAPA=aN
I hereby affirm that I am licensed under p
(commencing with Section 7000) of - D rovisions of 9MPter 9'
'vision 3 of the Business and
Professsions; Code, my-licgnse 30�1n.full,force and effect.
Contractor Signa Date 4/18/97
�T NO.
PL
DREDGING APPLICATION
Project Locatigns 645 Via Lido Soud
Cubic Yards to be Drddged:. 160 cubic.yards
Method of Dredgingi hydraulic a
uction
Nature Of Dredged Materialgaand /R -i It
Disposition of Dredged Material: --SQU- J nh bpa&h'
Method Of Material Disposition:: ningli-ne
Turbidity Control Method: burDidiby curlain gs resuired
Effect of dredging on contiguous bulkheading and beache . a restores
b2agh and reinforces bulkheld
If T-nren 9,0 Pr hereby st&te th&t I ha
(print nape) ve read the u. S. Army
Corps Of Engineers permit for maintenance dredging in Newport Harbor# the
City Of Newport Beach and Orange County Harbors#Beachas and Parks District
(if applicable) Permit for maintenance dredging and that I accept all the
provisions therein. Additionally I guarantee thAt the Proposed dredging
will not occur becausei' of any altaring of exi
zone, sting use Of the affected
Roger MacGregor
(App-1-1—cant- type 5h 3 m;,_k-e
name) -(Contractor-type name) ---
April 18f'1997
...... Sign
ad:
I C 0 1 ft X A 0 t 05 F r - 1�
Representative
c
PY ell,
ru 0
AIR A�_ AL_.
a
nz,
Oerwimn
na
da
fuss"
saw
fee 0 0416 Oulfrombums
CIIA YA12,06 df All Pve4D
&@Aw AV*" dolower
eir ovop, pwpoomwifoor
AAr=wn of*;* . *OA*m#'~O AV%
or* aeft
Paid"
1p
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AD WOO
.00
SIR PA
AMUR
A7
Pf
HARBOR PERMIT
Hr W TO CONSTRUCT AND
pr "Egy GRANTE
.WMISSIOZA, IS r-RSE "E.REOF,
MAINVASK THE -FACILITY C--14CPW-1 OF
FD SLIBJFC v
AT THE SI-fE '"D'C'AT � OF I,4EWqORT REACH ANIt
THIM HARBOR POLICIES 1:0 IF�IjEr
vj�jjs PERM17
ANY SpECIAL CONWTIGgS (;GNsENT OF
19 140T TRAN5f'FRARZ.!F
Al jTy C!DuNCIL. TW
�Jo t No sf
THE CITy HARBOR ARE PERM., "IVE OWL.,
umoEw Tlia's, pf-Mell ,
RIGHTS GIVEN MAY RJE RF )(ED ;3,1 THE COUNWL
_VC,
AND THIS PERMIT CODZ-
IT H TII'LE 17
IN ACCORDANCE W
COORDINAl"
CITY 0
Vz) r Y-NIN I. -IRM
CoNn�,!TIONS:
,,,L,i 0 -
Permit __a
cc -Fps (A &16'13,er-,
orange cOulity Permit
Other
ATTENTION: Samuel F. Kniss
Gentlemen:
New Pile for Roger MacGregor
645 Via Lido Soud
Newport Beach, CA 92663
If standard dock construction methods and materials are
uutilized, this project should not affect water quality.
A statement has been submitted that there will be no
waste discharged from the vessel(s) moored at this dock.
Based on these assurances, clearance is provided.
. - Your drawings have been reviewed and generally conform to the provisions
of General Permit 004 for construction of
private boat docks- in Newport Harbor
Providing you have complied with State and local laws you may proceed
w"Ch the work.
Your proposed work has been assigned General Permit No. GP 4- 192
lf you have any furthur questions, please feel free to call our Regulatory
Branch at (213),688-5606 and refer to this number. A copy of the General
Permit is enclosed.
Sincerelyr
)2'6 6 0
ROBERTSON, HOWSER & GARLAND
ATTORNEYS AT L.Aw
DAV�D M. GARLAND 4340 CAM PUS DRIVE
DAV D S. ROBERTSON NEWPORT BEACH, CALIFORNIA 92663
FRED A. HOWSER
MICHAEL J. GERTNER TELEPHONE 540-5400
RICHARD A. BROWN, JR. AREA COOE 714
N. BROOKE GABRIELSON
January 17, 1972
City of Newport Beach
City Hall
3300 Newport Boulevard
Newport Beach, California 92660
Attention: Mr. G. M. Dawes
Harbor & Tidelands Administrator
Dear Mr. Dawes:
ADDRESS ALL CORRESPONDENCE TO
POST OFFICE BOX 2207
NEWPORT BEACH, CALIFORNA 92663
I have received a new complaint from my client,,Mr. Bunsen Heyn,
regarding the mooring of Mr. MacGregor's boat on Lido Isle. Refer-
ence is made to my letter to you dated July 16, 1971, and your reply
to me dated July 27, 1971.
In your letter of July 27, 1971, to me you set forth the r ' egu-
lation regarding the extension of private boats beyond the projection
of a property line. Further in your letter you indicated on the first
page at Paragraph 2 that Mr. MacGregorls,runabout violated the regu-
lation. Mr. Heyn advises me that he has just returned from a one
month vacation and finds that Mr. MacGregor is again mooring the run-
about on the westerly side of his dock with the result that it en-
croaches over onto the projection line of Mr. Heyn's property. This
results in the blocking of passage to the inside waterway of Mr. Heyn's
property.
Again, I -would appreciate it if you would contact Mr. MacGregor
and ask him to remove the runabout. I am regretful that they do not
handle this matter themselves; however, apparently they do not speak.
Thank you for your courtesy and cooperation.
Very truly yours,
FRED A. HOWSER
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DATE . ..... 7/19/71 ...............
TO: GEORGE DAWES
MAYOR
F-1 LIBRARY
COUNCIL
F --j MARINA PARK
MANAGER
F-� MARINE SAFETY
F-� ATTORNEY
F --j PARKS & REC.
F --j BUILDING
F-� PERSONNEL
CITY CLERK
F --j PLANNING
FINANCE
F --j POLICE
F-1 FIRE
F-1 PUBLIC WORKS
F --j GEN. SERVICES
[-� PURCHASING
HARBOR &
TIDELANDS
F --j TRAFFIC
F OR: ACTION& DISPOSITION
FILE
F --j INFORMATION
Rr=viF-w & COMMENT
RETU RN
Per our one
21�
convers.a-t.ion .
REMARKS: ........................... ........................
would you please let
...... .. .. ........
me know the
--------
y --- rff f -6-f iff 6:t176 -ii --- 1--I-I --- yii�im --- Ed
--anewe-r ---- the --- at-t-adhed ----
let -t -e -r -w ----------------------------
...................... ....................... ............................................................
Thanks,
....................................................
........... ........ ......... I .................
........................................................................
FROM: ............
? ..................................
Denni-s ................................
........... . ..
DAV�D M. GARLAND
DAV D S. ROBERTSON
FRED A. HOWSER
MICHAEL J. GERTNER
RICHARD A. BROWN, JR.
THOMAS C. WOOD
N. BROOKE GABRIELSON
M
ROBERTSON, HOWSER & GARLAND 72 00* /00 Y%r
ATTORNEYS AT LAW
4340 CAM PUS DRIVE:
NEWPORT BEACH, CALIFORNIA 92663
TELEPHONE 540-S400
AREA CooE 714
July 16, 1971
Mr. Dennis O'Neil
Newport Beach City.Attorney
3300 -Newport Boulevard
Newport Beach, California
Dear Mr. O'Neil:
ADDRESS ALL CORRESPONDENCE TO
POST OFFICE BOX 2207
NEWPORT BEACH, CALIFORNIA 92663
Pi r- e r , 7X
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cl,�y or 9,71 oh.
Re.: Pier and Float Dispute
641 - 645 Via Lido Soud
This office represents Mr. and Mrs. Bunsen Heyn, owners of
waterfront property at .641 Via Lido Soud. The neighbor immediately
to.the east is Mr McGregor at 645 Via Lido Soud. 'Both properties
have an existing pier and float. The potential dispute. centers
around the fact that Mr. McGregor has a small runabout and cata-
maran tied up to the side of his dock with the result that these
boats extend over the prolongation of the property line out into
the bay, thereby obstructin . g my client's free access.to his portion
of the water immediately in front of his house and further ob-
structing his view for the reason that these boats hang over onto
the property immediately in front of my client's property.
I would appreciate.an opinion letter from your office re-
garding the rights of waterfront owners to have the area immediately
in front and within their property lines free from encroachment
by the boats of adjoining property owners. It is my,client's
understanding that any pier and float or boats attached thereto
are suppose . to be constructed and moored in such a way that there
is no encroachment over the adjoining property lines, and, in
fact, that there is to be an area of three feet inside the prop-
erty line.which is to be unobstructed.
Mr. Heyn has discussed this matter with Mr. Stanford,a
city employee involved with piers and floats�, but unfortunately
has not been able to find out what the rules�are.
Mr. Dennis O'Neil
July 16, 1971
Page Two
I am attaching a very rough diagram to this letter showing
the nature of the problem. I certainly hope the city wi.11-be
able to assist in this matter inasmuch as I am attempting to
avoid the filing of a lawsuit �to determine the rights� of the
parties, which would very likely involve the city as a necessary
party defendant..
There is no particular rush in this matter. However,.I
would appreciata hearing from you in the near future. Thank
you for your courtesy and cooperation.
Very tPIly yours�l
FRLID A. HOWSER.
FAH/ch
Enc.
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July 27, 1971
Ur. Fred A. Howeer
Attorney at Lai�
4340 Ca;upus Drive
Wew-port�Beacht California
Dear Xr* Bowser. -
In response to your letter of July 16, 1971, addressed to
Newport beach City Att nay, may I outline tile followi g
the 1 Or n
regulations which apply-,
A. "All piers and floats for residential properties
shall be set back a minitnum of 5 feet from the
Projection of the property lite." (Section 20-A,
Harbor Permit Policies).
"Boata moored at -private or public docks shall
riot extend beyond the projection of the property
lines of the
property to which the dock facility
is connected in accordance with $action 20- C."
(Section 21-A# harbor Permit PoliciesO
On July 21j, 1971,, 1 made an inspection of tile harbor facilities
bayward of Kv. i4aeGregor's property at 645 Via Lido Soud. This
inspection revealed that:
HacGreq*r*z pier and float do juest the required setback
of 5 feet.
A runabout with a beam of 6 feet was moored on tile westerly
side of Hr. MacGregor's float. This runabout does violate.
the regulations by extending I foot over the projection of
the comion property line (mr,, Bunsen Ueyn and Mr. MacGregor)
and into the waters bayward of Mr. Heyn's property,
I believe sorae history and background on this issue and Newport
HArbor in general may be helpful to you in this matter.
(1) 1 was first Contacted in my office by Mr, neyn approximately
(4)
three weeks ago* Mr. Heyn stated that the MacGregor
pier and float were built with less than the required
5 foot setback and that there were a number of small�
boats moored extending over onto Mr. heyn's side of
the conuou property line�4'b' While Mr.-heyn was in my
office, 1-checked.the permit drawing for Mr* MacGregor's
pier and. -it indicated,the required 5 foot setback. -
Contrary to paragraph 3 in your letter,, I did inform
Mr. Heya of -the regulations involved (paragraph "A"
and "B" of this letter).
Although I was unable tc .nepcct this problem on that
same-day,, I made arrangements to call H—r. Heyn and set
up a time when I.Could meet him at his property* X did
attempt to contact 14r. Ifeyn on approximately six.occasions
during the next two weeks, but I was unable to make contact.
When I first talked to Mr. Heyu on this matter# I asked
him if he had discussed the problem with his neighbor,
fft_�, !daC%r_#gor#: and he stated he did not wish to talk to
bIr . 14acGregor,
Larly this week, I was advised by the City Attorney that
he had received your letter. I subsequently tried again,,
this time successfully, to contact Mr* Heyn. When I asked
him if I could meet with him to inspect the problem, he
informe4 me that he did not want to talk to this office
anymore and that any discussion should be with you. II
did.. howeverj, on July 21,, 1971, make an inspection of
Hro MacGregor's property regarding this problem as
previously stated in this letter.
�4ewport Harbor, has become increasingly crowded and
congested during recent years. The City of Newport
beach has.regulations protecting property rights, private
and public; however, some of these regulations are
enforced on a complaint basis.
I
on July 26, 1971p I had a phone conversation w-4-o.1i iviro MacGregor
regarding the runabout moored.on the west side of his dock. Mr.
PlacGregor stated that he did not have any knowledge of Xro heynOs
complaint but that he would gMadly move the runabout. it seems
indeed unfortunate that a matter. which might have been easily
resolved,by two neighbors talking to each other required this type
of action and considerable City Staff effort.
X Will follow up on this matter in a few days to insure that
ROBERTSON, HOWSER & GARLAND
ATTORNEYS AT LAW
DAVID M. GARLAND 4340 CAM PUS DRIVE
DAVID S. ROBERTSON NEWPORT BEACH, CALIFORNIA 92663
FRED A. HOWSER ADDRESS ALL CORRESPONDENCE TO
MICHAEL J. GERTNER TELEPHONE 540-5400 POST OFFiCE BOX 2207
-RICHARD A. BROWN, JR. AREA CODE -714 NEWPORT BEACH, CALIFORNIA 92663
THOMAS C. WOOD
N. BROOKE GABRIELSON
August 3, 1971
City of Newport Beach
City Hall
3300 Newport Boulevard
Newport Beach, California 92660
Attention: Mr. G. M. Dawes
Harbor & Tidelands Administrator
Dear Mr. Dawes:
I want to thank you very much for yourextensixe letter of
July 27 concerning the Heyn-MacGregor pier probl'em. Frankly,
I concur with you that perhaps Mr Heyn should have simply men-
tioned the matter to Mr. MacGregor. I would advise you, however,
that Mr. Heyn has had various rece I nt personal problems including
much concern over Mrs. Heyn who has been extremely ill and
hospitalized. He has not been himself.
I hope the matter is resolved and, again, I thank you for
your very complete and prompt -report concerning this matter,
Very truly yours,
FR D SER
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CITY OF NEWPORT BEACH
HARBOR PERMIT
PERMISSION IS HEREBY GRANTED To coHsTnuCT AND
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