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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Appeal Application No. 2024-01 for Construction of a 23'-4" Tall Accessory Building (2221 N Heliotrope Drive) November 19, 2024 Page 7 accessory structure, it was no more than 15 feet in height, and did not physically change and/or alter the Maharajah House. As previously discussed, during the March 28, 2022 Planning Commission meeting, staff was made aware that a previously permitted one-story pool house/cabana (built in 1955) was significantly altered circa 2021. On May 4, 2022, Planning and Building Agency staff conducted a site visit/inspection of the structure and determined that the original one-story pool house/cabana had been significant altered. While the original footprint of the structure was not altered, the height was increased from 13 feet to 20 feet and the roof structure was modified from a flat roof to a pitched roof. Moreover, the exterior of the structure was modified in an East Asian influence to include new brick veneer, new clay tile roofing, and architectural ornamentation. Staff verified that the structure was not being utilized as a separate living area, but instead was being used as storage for antiquities and cultural artifacts. Planning staff held various conversations with the property owners and property owner representatives (i.e., architects, engineers, etc.) between 2022 and early 2024 regarding the unpermitted work, and provided two options which included removing the unpermitted work and returning the structure back to the original conditions, or going through the required City permits to legalize the work. In May 2024, the property owners submitted required building plans to the Planning and Building Agency to legalize the unpermitted work, and convert the structure into an Accessory Dwelling Unit (ADU) for a separate living space and storage. At the time this report was printed, the building plans were still in building plan check and have not been approved for permit issuance. On July 15, 2024, Planning staff conducted a follow-up site visit/inspection in order to ensure that no additional work had been constructed without the necessary City permits, and in order to provide more recent site photos to the Planning Commission. These site photos have been included as part of Exhibit 3. While staff did notice construction of two additional structures, these structures did not exceed 120 square feet in size (10 ft. by 12 ft.), and therefore did not require a building permit. Project Analysis CUP requests are governed by Section 41-638 of the SAMC. CUPs may be granted when it can be shown that the proposed project will not adversely impact the community. If these findings can be made, then it is appropriate to grant the CUP. Conversely, the inability to make these findings would result in a denial. 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 installation of the proposed structure would not result in a change to the existing land use. Instead, the property will continue to be used as it was historically, as a single-