Schwindt

FACTS AND PROCEDURAL HISTORY

In 2004, Schwindt purchased a home in the Bluffs Community in Newport Beach. From the rear of the property, Schwindt’s home features views of the back bay, to include views of the Pacific Ocean and Catalina Island. In 2014, the Omars purchased a home next door to Schwindt’s home. The Omars hired an architect, David Bailey, who drafted plans for an enclosed room addition. The room addition extended into the rear portion of the Omars’ home; an area that had formerly been used by the prior owner as a patio. Bailey submitted the building plans to the Bluffs’ Architectural Control Committee (ACC), which initially rejected the proposed improvements. Bailey revised the plans at least twice and erected “story poles,” indicating how the views of surrounding neighbors would be impacted. Bailey conducted a “view analysis” and determined the impact of the proposed room addition on Schwindt’s view would be minimal. The ACC visited the property and eventually approved the plans for the (now smaller) room addition. Schwindt appealed the ACC’s decision to the Board. Schwindt and other homeowners attended a Board meeting. A long-time resident, Claude Whitney, who had…