Item 34 - Public Hearing - Appeal Application No. 2024-01 for Construction of a 23’-4” Tall Accessory Building (2221 N Heliotrope Drive)

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In this case, the proposed structure is not physically altering or changing the exterior of the Maharajah House. Therefore, the proposed project is not considered a modification, as defined by Chapter 30 of the SAMC, and no additional review by the HRC is required for this project. Moreover, pursuant to the SAMC Sections 2-350.2 and 41-630, the proposed CUP is a land use application within the purview and review authority of the Planning Commission, not the HRC. a. Appellant Statement — Historical Compatibility. 2221 North Heliotrope Drive, "The Maharaja House. "Is historically significant due to its Art Moderne architecture as well as provenance — listed on the Register of Historical Properties, designated as a Landmark, associated with a foreign ruling family, and given a Mill's Act Contract. Its Art Modern style fits in well with the varied styles that comprise the neighborhood and its style is multiple other Floral Park homes. Analysis of Issue: Appellant did not provide a specific reason for an appeal in this subsection. Rather, the appellant stated a known fact about the historic significance of the subject property. Statement noted. b. Appellant Statement — Variance for Project Height: The 23'4" height of the proposed new structure exceeds the City's code for accessory height limits of 20'-0" Because the structure will significantly exceed the approximate six -foot -high fence surrounding the property, it will be clearly visible from Santa Clara Avenue. Despite the fact that existing planting and added required plantings may hide the structure, nothing prevents future pruning of trees or re -landscaping at the sole discretion of the owners. Of Significant Importance, the approval of the CUP provides a dangerous precedent providing tacit permission to other residents (both within Floral Park and in any other neighborhood within Santa Ana) to erect structures that may clearly fall outside the architectural compatibility of the historic neighborhood. Analysis of Issue: Pursuant to Section 41-232.5 of the SAMC, accessory buildings more than fifteen feet in height, or more than one story, require approval of a CUP. The property owners are proposing an accessory structure with a total height of 23'-4", triggering discretionary review and approval of a CUP by the Planning Commission. The purpose of regulating the height of accessory structures within single-family residential zones is to minimize impacts to surrounding areas and ensure the structures will provide a positive contribution to neighborhood character and identity. The height does not need a variance, as the height is permissible subject to approval of a CUP. The proposed structure has been designed to be located away from adjacent properties to minimize the privacy concerns and visual impacts. By Resolution No. 2024-xx Page 10 of 16