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HomeMy WebLinkAbout0 - Closed Session Correspondencea CEIV D AFTER A NDA PRINTED:" L s;QD SaveSHAWNEECOM htr UPIN r r r� : .�_ 77.-; This photograph of the Ketch Shawnee was taken in 1925 on San Francisco Bay during the start of a race to Tahiti. The Shawnee was commissioned to be built by Mark Fontana in 1915 and she was launched in 1916. Mr. Fontana was one of the original founders of the Bank of America and the City of Fontana was also named after him. He called the Shawnee "The Honeymoon Boat" and he and his wife cruised on her just after they were married. ---- - - - - -- -TABLE OF CONTENTS-------------------------=-- - - - - -- Page 2 ............ ........ ....................... About Dennis Holland and his accomplishments Page 3 ................. .........................Dennis Holland's history with the Ketch Shawnee Page 4...... _....._ .......... ..............._._...._..Dennis Holland's boat building experience Page 5 .................................. Timeline of crucial events related to Shawnee Restoration Page 6 .. ............................... ...........................Keel bolt removal and replacement Page 7 ......................... .....................Automobile collection and restoration projects Page 8 .............................. Summary and Recommendations to City of Newport Beach Page 9 ..... ...........................City Planning Director Approval through January 16, 2011 Page 10 ............................... ...........................City Permit Terms and Constraints Page 11 ................ .........................Letter of Support from neighbor Doris Waterman Page 12 ..... .........................Letters of support from James Koch and Frank Flamengo Page 13 .......... ..........................Four letters of support and two letters of disapproval Page 14 ...................... .........................Series of 5 letters of support for the project Page 15... .................... ...... ........................ Letter of Support from Mary Nealy Dennis Holland and his accomplishments----------------- - - - -by Don Rypinski Dennis Holland is a long time friend and neighbor whom I have admired from the first time I met him for his many talents, interests and accomplishments. Dennis is a Husband, Father, Grandfather (9 times) and a very accomplished Sailor, Carpenter, Mechanic, Craftsman, and Boatbuilder. In my opinion, during his lifetime, Dennis has accomplished the work of 4 or 5 other people for whom any one of his projects would be more than enough to take on and complete. ----------------------------- -- ---- - - - - -- Barn Restoration Experience-------------------------------------------------- During the 1960's a buffalo ranch with a barn was located along Macarthur Boulevard in Corona Del Mar. When the Irvine Company decided to use the ranch land for a housing development, the barn was re- located to the Orange County Fair Grounds where it was to be restored. When the Fair Grounds management decided against the project and were going to scrap the barn, Dennis heard about it and offered to remove the barn if they would give it to him. They complied and so he carefully disassembled the barn, labeled all the parts and pieces and re- constructed it on his property on Holiday Drive. ---------- ---------------- --------- - - - - -- Carpentry, and Construction Experience---------------------------------------- Between his personal projects, Dennis has always had a job doing re- modeling and construction for what, over the years, has become a faithful list of clients many of whom are repeat customers. His is particularly sought out to do special cabinetry and built -in furniture. Dennis is unbelievably resourceful in acquiring and restoring tools that are hard to find that are necessary to do the kinds of work he does. He also has developed relationships with people all over the country that can provide special materials needed for his work. These include sources for rare woods, and hard to find metals among other things. Page 2 Dennis Holland's 56 year relation- ship with the Ketch Shawnee. As a child, Dennis played on shipwrecks that had gone aground in San Francisco bad. The yacht Forester, a four masted coaster schooner became his playground. He was 8 when he first went aboard the Shawnee that was the flagship for the St. Francis Yacht Club at that time. From that point forward, he fell in love with the Shawnee and followed her path from San Francisco to Newport Beach in 1953 where she found a new home at the Newport Harbor Yacht Club. In 1954, Dennis's family moved to long beach from San Francisco and in 1959 they moved to Newport Beach. Dennis became reacquainted with the Shawnee that was owned by Mrs. Adler and her daughter Cindy. In 2002 the Adlers hired Matt as an employee to maintain the boat. From 2002 to 2006 Dennis and his son volunteered to work with Matt to maintain the Shawnee while she was berthed on her Newport Harbor Yacht Club mooring. By 2006, the boat was in great disrepair and the Adlers, who loved the boat, were financially unable to restore her and actively looking to sell her. When they were unable to find a buyer, they did not want her scrapped or sunk so they gave the Shawnee to Dennis under the condition that he would get her off the mooring and restore her. Knowing what a physically taxing project it would be, Dennis went to a doctor to make sure he was physically fit to restore the Shawnee. He found out he had prostate cancer with a tumor and was given 18 months to live. He began treatment at Loma Linda where he received Proton radiation that successfully removed the tumor. Unfortunately the tumor was not removed in time to prevent the cancer from spreading into his bones. He is currently being treated by Dr. Neil Barth with a new treatment that Dr. Barth feels may put the remaining cancer in total remission. At this point, Dennis feels the Shawnee project has saved his life as he probably would not have found out he had prostate cancer in time without taking on it's restoration. Page 3 The 118 foot schooner Pilgrim of Newport took Dennis 12 years to build from the keel up. --------------- -- --- ------------------ - - - - -- ---Boat Building Experience--------------------------------------------------- From the age of ten, Dennis dreamed of building a Revolutionary War Vessel similar to those that successfully fought off the British at the Boston Tea Party. He first built and sold a 30 foot sailboat in order to provide money for materials to build his dreamboat. He went to the Smithsonian Museum where he located and duplicated authentic plans for the War Vessel. He even dove on and retrieved a man powered anchor winch off a sunken wreck in San Pedro Harbor, CA that was from the same period as the War Vessel. He restored the winch and installed it when the 118 foot long war vessel he named the "Pilgrim of Newport" was completed. Dennis and his wife Betty managed to raise a family of four during the 12 years it took him to build the "Pilgrim". During its construction materials became so expensive the Hollands had to rent the house they were living in that was next to the boat on their property to save money. They moved aboard the boat while it was being built and lived there until its completion During the time the Pilgrim was under construction on Red Hill Ave. near Orange County Airport, Capt Irving Johnson of the famed Brigantine Yankee noticed the boat from the air as he flevv into what is now John Wayne Airport. He went by, introduced himself, and was so taken with the project he ultimately gave Dennis his favorite plans for a master stateroom aft that included a port and starboard stairway for easy access no matter which way the boat was listing while underway. The Pilgrim of Newport is now located at Dana Point Harbor and has been renamed the "Spirit of Dana Point ". It is presently being used as a School Ship for kids (and adults) to learn about seamanship and nautical history. When she was launched, The Pilgrim of Newport weighed 118 tons and the Shawnee, when she was given to Dennis weighed in at 40 tons —a much smaller project by comparison. ---------------------------- -- -- --------------- - - - - -- Sailing Experience--------------------------------------------------------- Over the years Dennis has spent lots of time in a variety of sail and power boats. When he was 22 yrs old, he and a friend spent 6 weeks lost at sea on a 62 ft Dutch Built Cutter that was dismasted before they were able to jury rig the boat and get to port. When the Pilgrim was launched, Dennis and Betty spent 12 years chartering her and sailing the coast of California. At that point; their family was grown and they felt it was time to sell the boat and devote time to other things. Page 4 Timeline of events & details related to the Shawnee's Restoration In September of 2004, prior to accepting the boat and anticipating the physical requirements involved in its restoration, Dennis got a physical exam. On September 20'n, 2004, his was told he had Prostate Cancer and was given 18 months to live. In February, 2006 he was treated at Loma Linda Hospital for the successful removal of a tumor. On May 2, 2006 Dennis got the City Manager's code enforcement permission to move the Shawnee to his property on Holiday Road in Newport Beach with no deadline for completion. On May 2no, 2006 a few neighbor's questioned the legality of the restoration on Holiday Road. On May 30'n, 2009 Don Webb informed Dennis the restoration project was legal in every way. On November 10`h, 2009 the City passed a new law that projects (including boatbuilding) longer than 35 feet or larger than 120 square feet in area must have a six month permit that may or may not be renewed. On November 11111, 2009 the City began enforcing their new law making Dennis's boat restoration illegal. On February 9`", 2011 the City of Newport Beach started a fine process of $100 per week On Feb 18", 2011 The City's weekly fine was increased to $200 per week On Feb 25" 2011, the weekly fine was raised to $500 per week On March 29th, Dennis was informed he owes the City of Newport fines totaling $17,000 and that he needs to move the Shawnee by April V or acquire additional fines. ---------------------------------------- - - - - -- -Fact #1 The City of Newport is now fining Dennis weekly and will not renew the permit for him to keep the boat on his property because, due to health issues and treatments, he is unable to give them a date of completion to the point where the boat can be safely moved. --------------------------------------- - - - - -- -Fact #2---------------------------------------------------- There is no way to move the boat without destroying it until the frames are replaced and hull planks are re- fastened. --------------------------------------- - - - - -- -Fact #3---------------------- ----------------------------- The one -piece lead ballast is 12 inches tall, 24 inches wide, 27 feet long and weighs 37,000 pounds. The hull planks below the waterline have been removed in order to replace some rotted and broken frames that attach the hull to the lead ballast. See photos for more detailed information. --------------------------------------- - - - - -- -Fact #4---------------------- - - - - -- --------------- - - -- The ever increasing fines, and demands for instant removal by the City are a source of constant stress on Dennis and his family to the point that they are interfering with his health and ability to work on the boat at the pace he would like to- ---------------------------------------------- Dennis has made every effort to keep the worksite very clean and organized. He has carefully labeled and stacked all the planks that have been removed and regularly goes to a local re- cycling yard to dispose of all materials that might be harmful or spread into a neighbor's property. People unfamiliarwith how Dennisworks often mistakenly assume there must be lots of dust, dirt, noise, toxic materials and bright lights after dark. Page 5 Dennis holding a 37 pound monel steel keel bolt that is almost 100 years old. The one piece solid lead ballast weighs 37,000 pounds. It is 12 inches tall, 24 inches wide and 27 feet long. In order to insure that this ballast stays fastened to the keel, each of the 40 bolts that secure it are in the process of being removed, inspected, cleaned and replaced prior to replacing the hull frames that have been damaged. Although not perfect, each of the 1 'h inch diameter by 44 inch long bolts are still usable and in good condition considering their age and the fact that they have been immersed in salt water for much of their lives. Page 6 ---------------------------------- - - - - -- Automobile Restoration and Touring Experience----------------------- - - - - -- One of his many hobbies is collecting and restoring antique and rare automobiles. The cars in his stable (make that bam) that he presently owns include: 1. 1909 Buick Race Car 2. 1913 Pierce Arrow Touring Car 3. 1918 Pierce Arrow Touring Car 4. 1927 Buick Touring Car 5. 1931 Model A Ford Roadster 6. 1928 Ford Roadster Pickup Truck 7. 1924 White Bus (Original Yellowstone Park Vehicle) 8. World War IIFordjeep 9. 1914 Ford Model T Roadster Dennis has raced his 1909 Buick 5 times in the Great Race across America (coast to coast) and won it in 1990. As each of his children got to the age where they could get a driver's license he took them with him as co- pilot to show them the country from a very unique perspective. Page 7 In my opinion, the City of Newport's imposing of weekly fines and requiring that the Shmvnee be moved immediately has the equivalent effect of "Waterboarding" Dennis Holland As the photos show, the planking below the waterline has been removed in order to have access to broken frames that need to be replaced or repaired. The Shawnee will literally disintegrate if moved before the frames are restored and planking reinstalled. Dennis's health is increasingly jeopardized by the action the City has taken. He simply wants to complete the restoration as soon as possible but finds that lately, much of his time each day is taken up with paperwork and legal developments. I would like to propose that the City of Newport Beach rescind all fines and grandfather in approval of his project according to his original agreement This would allow Dennis time to get the Shmvnee back together on his property to the point where it can safely be moved without destroying the boat When the broken frames are rebuilt and hull planks reattached, I propose the City of Newport provide a site that would be appropriate for the completion of this nearly 100 year old historic yacht. I would like to suggest that the property on the North side of Coast Highway just past the Bridge at Dover Drive would be ideal for such a project. Page 8 re Application Igo. Applicant Site Address PLANNING DIRECTOR ACTION LETTER PLANNING DEPARTMENT 3300 NEWPORT BOULEVARD NEWPORT BEACH, CA 92663 (949) 6443200 FAX (949) 644 -3229 SA2010 -009 (PA2010 -099) Dennis Holland 2200 Holiday Road Legal Description N TR 1484 LOT 1 On July 15, 2010, the Planning Director approved a Construction /Maintenance Project Permit for the following: Restoration of the 72 -foot ketch Shawnee within the area depicted on the site plan below. li �Efih'fi 40lLeAJ SITE v'[AU �i t i 1 f V Page 9 SA2010 -009 July 16, 2010 Page 2 Pursuant to NBMC Section 10.64.050.E, the permit is issued for a period of six (6) months and will expire on January 16, 2011. The permit may be revoked if any of the following occurs: Continued activity under the construction /maintenance project permit will violate Federal, State or local law; 2. Activity under the construction /maintenance project permit constitutes a violation of any other provision of this Code; 3. Abandonment of the construction or maintenance project has occurred; 4. There has been any material deviation from the precise nature, location, scope of work or estimated date for completion as described on the construction/maintenance project permit application during the tenure of the construction/maintenance project permit; or 5. The permittee has made any misrepresentation regarding the precise nature, location, scope of work or estimated date of completion on the construction/maintenance project permit application. On behalf of David Lepo, Planning Director By. Patrick J. Afford, Rllncipal Planner Page 10 .' at gleyt Page 11 JAMES R. KOCH 1723 Irvine Avenue Newport Beach, CA 92660 Telephone 949 646 -2242 Hi Dennis, I'm a neighbor of yours and want you to know I fully support your right to have Shawnee on your property and restore her with no time limit. I grew up in Newport Beach (I'm 66 years of age) and have always seen boats in peoples yards being refurbished or just stored. We live in a boating community and boats in our back yards should not be prohibited. If people don't want to see a beautiful vessel like Shawnee being refitted and taken care of•they should move to the desert. I grew up on and around boats. My dad had a Kettenburg PC then a K38. I still sail today, mostly racing. When I drive down Holiday and see the bow of your ketch it gives me a very good feeling. If you need people to show support for you at the City Council meetings or any place else, let me know, I'll show up. I wish you the best with Shawnee and pray the treatments for your cancer are successful. Boat in Yard Friday, November 27, 2009 12:00 PM From: 'Franc Fiamengo" <fIoatlnfrank @yahoo.com> Yo: hohandfamity2200 @sbcgbbal.net 1 File (1903KB) a I'm up in San Pedro and I just read the Log on the problems you are haveing with the city.I had a similar problem with a neighbor about my ketch being in my drive.Mine is only 55ft.but it also atracts the attention of cirtain neighbors. I sent a e-mail to mr. Webb of the city couni asking why all the new rules . If there's anything I can do to help like letters to the city , or anything call me 310 8977642 Franc Fiamengo Page 12 scuba49 wrote on May 28, 2009 10:13 PRA: " I have known Dennis a very long time. I worked with Dennis and his wife Betty on the Pilgrim for a number of years. The man is an amazing Shipwright and he taught me so much about carpentry and life. I also know Dennis can be a Ittle head strong at times but why would any one kick a person when he or she is down. You know there was a day in Newport Beach when the peole that worked on boats in and around this town where respected for their talent, not despised for it. " Adam wrote on May 28, 2009 9 :53 PRA: " 1 used to make my parents drive by the "Pilgrim" when I was a kid and thought it was the coolest thing. Then Dennis moved 4 doors down from us after he launched her.He had old cars he raced that looked like Chitty Chitty Bang Bang and rebuilt the old Ford RD. barn to store them in.He always had cool things going on- a true craftman and a nice guy.l think the 10 year old versions of these complainers wouldn't like themselves as adults. Lighten up- and enjoy something that you'll probably never see again.Thanks for being original Dennis. " tpb123 wrote on May 28, 2009 6:59 PRA: "Are you kidding? This dear man who did not ask his neighbors if they minded if he put a 71' boat over their house is unbelievably selfish. The barn door is also hideous. We do have dry docks in Newport. Why don't one of you special "locals" donate it to him? Perhaps Mr. Holland can move the boat to your driveway? That would be cool. And by the way,Briana, ark is spelled with a "k ". You might want to catch the spelling bee tonight. " bardahl wrote on May 28, 2009 6:41 PRA: " I recently moved onto Dennis' street with my family. We chose this street because of all of the kids, our great neighbors, the trees, and a little bit because of the chracter of the Barn and Boat. It's on his property, it isn't a nuisance (we've never heard or smelled it), and he seems to like it. It seems that he is going through a hard time these days, I would hope that we, as his neighbors, could focus on trying to help him out rather than worring about what he does for fun. We love the 'Arc'! " NB Res wrote on May 28, 2009 11:84 AM: " The story headline should have been "A Matter of Taste ". Seems this small, but vocal contingent is motivated more by aesthetics than their health. I live near Dennis and our neighborhood has a diverse, eclectic feel which adds interest and color ..... a welcome alternative to newer planned communities. Furthermore, I haven't heard about any meetings with the city to discuss the options of the homeowners. Doesn't the city have bigger issues to deal with that would improve the quality of life for all residents of Newport Beach, like controlling airport expansion? " CM Man wrote on May 28, 2009 8:49 AM: " The city needs to make this guy move the boat! " Page 13 dkutz wrote on May 28, 2009 8:24 AM: " Having known Dennis all my life, I can attest to the fact that he is one of the nicest people you ever want to meet. Is the boat a nuisance ?Possibly, but the Pilgram was probably considered a nuisance when it was being built, and now it's a Newport Legend.Don't kick a good man when he's down.Seems the right thing to do would get behind your neighbor, and help him out in his time of need. How about some paint scraping parties? How about volunteering some time to help? Your not only helping a good man but saving history " RandyBalboa wrote on May 28, 2009 2:20 PM: " This is a time to cut some slack and be with a guy that most folks envy with his sailing adventures and craftsmanship. Dennis has brought and enlightened us Newporter's of its historic roots of sailing and shipbuilding. So, give him a gesture of positiveness, kind words and encouragement. I get so perturbed when fledgling Newport Beach folks get down on locals with no heart, just "me, me, me ". GO be nice to your cool neighbor and maybe you'll learn something worthwhile. " msk228 wrote on May 28, 2009 7:27 AM: " I have known Dennis for probably forty years. He is such a kind man and has done a lot to preserve history through his work with boats (and the barn too). Although I totally understand his neighbors' frustration, 1 truly hope that they can find some way to tolerate his project a little longer. " DaShoe wrote on May 28, 2009 12:54 PM: "Awwww, poor little rich folks. Quit your snivelling and give your neighbor a little solace and even a helping hand in his last days, it's the civil thing to do. Your precious community will survive a little paint and sawdust. I agree with ya wsparker, if you don't like boats, get outa Newport! Sail on sailor! " wsparker wrote on May 27, 2009 10:12 PM: " Seems I once heard that the Newport Beach city officials answered a similar complaint with "this is a boating community< if you don't like boats, leave ". What happened to that attitude? Many have junk cars and RVs in their yard, but Dennis has a piece of history. Why don't the neighbors appreciate this temporary icon. " My boyfriend and I have always walked by this house and boat and wondered "What is this about ? ?" When I saw the banner with the website on it, I was worried the city was trying to take it down or have it removed. Glad to know the story! - Danielle Page 14 MAY 2`i -n,�-- T Page 15