HomeMy WebLinkAbout5-10-17-ZA COMMENTS
Updated 5/10/17 *Deadline: 05/10/2017 @8:00 a.m.
Zoning Administrator Correspondence
May 10, 2017
Item No. 1 - MINOR EXCEPTION 2017-01
No. Date Sender Received after deadline
1 04/02/2017 Linda Grant No
2 04/03/2017 Patricia & Edward Tornell No
3 04/04/2017 Stephen Amsler No
4 04/05/2017 Alberta Christy No
5 04/05/2017 Nancy & William Gallivan No
6 04/10/2017 Kevin Shuler No
7 04/11/2017 Steve Richardson No
8 04/11/2017 Mason Nakamura No
9 04/11/2017 Herbert Silva & Rhonda Nalisnik No
10 04/11/2017 Alex Hart No
11 04/11/2017 Angel Barnes No
12 04/11/2017 Gigi Blas No
13 04/11/2017 David Buster No
14 04/12/2017 Erik Hernandez No
15 04/18/2017 Tom Lutz No
16 05/01/2017 Kenny & Leah Schmidt No
17 05/04/2017 Linda Grant (second letter submitted) No
18 05/04/2017 Eric Larson No
19 05/08/2017 Leslie Kato No
20 05/09/2017 Shawn & Sharon Milnikel No
21 05/09/2017 Michael R.W. Houston No
22 05/09/2017 Debbie McEwen No
23 05/09/2017 Tim Rush No
24 05/09/2017 Unknown No
25 05/09/2017 Annie Mai Bevacqua No
26 05/09/2017 Donna & Joe Duffy No
27 05/09/2017 Michael Gallivan No
28 05/09/2017 Leeta White No
29 05/09/2017 Joni Barr & Bela Somogyi No
30 05/09/2017 Nicole Chiarini No
31 05/09/2017 Marcus Gallager No
32 05/09/2017 Jade Chiarini No
33 05/10/2017 Bobbi Keenan No
34 05/10/2017 Andrew Peat No
35 05/10/2017 Jayne Munoz No
Updated 5/10/17 *Deadline: 05/10/2017 @8:00 a.m.
36 05/10/2017 Cheryl Peat No
37 05/10/2017 Eamon Garces No
38 05/10/2017 Rick Kagasoff Yes
39 05/10/2017 Gina Chiaramonte Yes
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From: Lin Grant <grantlinnie70@gmail.com>
Date: May 4, 2017 at 9:29:26 PM PDT
To: <eComments@santa-ana.org>
Subject: TO: Zoning Administrator
Dear Sir or Madame:
I would like to contest the zoning variance requested by Mr. Ness for his Santa
Ana house. He knew when he moved into Floral Park, having lived here
previously, that it is a unique neighborhood with many historical homes. And
with many restrictions. We take pride in this neighborhood. Mr.Ness is asking
for something that others have been denied and it would establish a dangerous
precedent if granted. Many in the neighborhood feel that he is trying to capitalize
on his semi-celebrity status for special treatments not guaranteed to the rest of us
in Floral Park.
The Ness home is a beautiful one and should be seen from the street. A fence of
the height he is requesting poses a danger for the neighborhood because the
intersection does not have a stop sign and the view of traffic is compromised.
Speed is already a problem in Floral Park and this would make it worse.
I respectfully request that Mr. Ness' variance be denied.
Linda Grant Floral Park
17
-----Original Message-----
From: Eric J. Larson [mailto:ericjlarson@sbcglobal.net]
Sent: Thursday, May 4, 2017 5:16 PM
To: eComment <eComment@santa-ana.org>
Subject: Residential Fence on NW Corner of Heliotrope and 19th St.
To Whom It May Concern -
I am writing this letter on support of the front fence that Mr. Michael Ness is proposing to construct in the front yard
of his personal residence on the NW corner of 19th street and Heliotrope Dr. in the City of Santa Ana in the
neighborhood of Floral Park.
I have been a resident of Floral Park for 17 years. I have lived in 2 separate residences in said neighborhood. From
2000 to 2010 I resided at 315 W. Santa Clara, where I redesigned and extensively remodeled the house at that
address. I currently reside at
1907 Heliotrope Dr.
My previous house on 315 W. Santa Clara was the proud winner of 2 civic awards from the Santa Ana City Council
and from the Santa Ana City Planning Commission. I have also spent 25 years as an Art Director and Production
Designer for Theatre, Film and Television.
I only mention the above, because I have gone through historical remodels and rebuilds both in my private life and
as a professional. I understand historical preservation and design.
I am in full support of the fence that Mr. Ness is proposing to construct in the front of his personal residence. I have
seen and discussed the design of the fence with Mr. Ness and his wife on several occasions. The fence is certainly
not out of character for our neighborhood.
The design is historically sensitive and will blend in beautifully with the character and historical charm that Floral
Park exudes. I would not hesitate to exclaim that those who view the new construction, after it is complete, will not
be able to discern that it is indeed new construction and will assume it has been part of the neighborhood for as long
as the houses have stood in Floral Park.
It should also be noted that Mr Ness and his wife have gone out of their way to include the neighbors of Floral Park
to collaborate and approve the design of the fence. They have been great neighbors in regards to keeping all
neighbors informed of their intentions.
Unfortunately , as I have prior engagements, I cannot attend the approval meeting this coming Wednesday
concerning the fence. Please do not hesitate to contact me either by phone or email if you need my opinion verbally
or have any questions concerning my support of this welcome addition to our neighborhood.
Thank You - Respectfully submitted.
Eric J. Larson
Production Design/Art Direction 213-944-4699 c.
ericjlarson@sbcglobal.net
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From: Leslie Kato [mailto:leslie.kato@sbcglobal.net]
Sent: Monday, May 8, 2017 6:27 AM
To: eComment <eComment@santa-ana.org>
Subject: Ref: Zoning Administrator - May 10, 2017 - Public Hearing, minor exception 2017-01
(Strategic Plan Nos: 3, 2)
Please present/submit the following letter during the public hearing slated for May 10, 2017
regarding a variance allowance for property 1904 North Heliotrope Drive, Santa Ana, CA
92706.
Unfortunately neither myself or my husband are able to attend the hearing but want to present
our concerns.
Sincerely,
Leslie Kato
Mr. Cardinale & Ms. Bernal,
Regarding the fence/wall variance requested by the residents of 1904 North Heliotrope Drive,
neither my husband, nor myself, support the request for reasons listed below.
The family has lived in the neighborhood before and having built a fence on that previously
owned property, they were aware of the city's fence/wall height restrictions prior to purchasing
their current property.
Similar requests by Floral Park residents have been denied.
The green rental fence should have been removed after the outside construction was completed,
yet it remained in place for over a year.
How would the city be able to deny future fence/wall variance requests if this request is
permitted?
Wouldn't allowance of this variance render the present fence/wall ordinance null and void?
What makes this particular request special enough to override the ordinance?
Sincerely
Stacey & Leslie Kato - 20 Year Residents 2119 North Heliotrope Drive
Santa Ana, CA
19
From:Soboleske, Hally
To:Bernal, Sarah
Subject:Fwd: 1904 Heliotrope, Santa Ana, California - Mike and Christine Ness exception/ variance
Date:Monday, May 08, 2017 8:46:22 PM
Sent from my iPhone
Begin forwarded message:
From: Sharon Lindsay-Milnikel <slm0704@roadrunner.com>
Date: May 8, 2017 at 8:24:21 PM PDT
To: <ecomments@santa-ana.org>, <hsoboleske@santa-ana.org>
Subject: 1904 Heliotrope, Santa Ana, California - Mike and Christine Ness
exception/ variance
Hello`
My name is Sharon Milnikel. I live at 1904 Greenleaf, Santa Ana (Floral
Park).
I am writing this e-mail in regards to the exception on the wall Mike and
Christine Ness (1904 Heliotrope, Santa Ana) are proposing to build on their
property.
My husband, Shawn Milnikel, and I not only cast a yes vote in favor of the
wall with the exception, but also a vote of confidence in the Nesses as to
their building a wall that will not only be aesthetically pleasing but
historically appropriate.
Thank you for your consideration,
Shawn and Sharon Milnikel
1904 Greenleaf
Santa Ana, California 92706
20
From:Mitre-Ramirez, Norma
To:Bernal, Sarah; Barela, Rosa
Cc:Huizar, Maria; Orozco, Norma
Subject:FW: Zoning Administrator re Minor Exception 2017-01
Date:Tuesday, May 09, 2017 7:22:06 AM
Good Morning Ladies,
I’m passing along comment for your review and/or comment.
Kind Regards,
Norma Mitre
Sr. Deputy Clerk of the Council
City of Santa Ana | Clerk of the Council Office
20 Civic Center Plaza | Santa Ana, CA 92701
714-647-5237| nmitre@santa-ana.org
From: Michael Houston [mailto:michael.robert.houston@gmail.com]
Sent: Monday, May 8, 2017 7:47 PM
To: eComment <eComment@santa-ana.org>
Subject: Zoning Administrator re Minor Exception 2017-01
To whom it may concern,
I write in support of the staff recommendation to approve Minor Exception No. 2017-01. I
fully support Mr. Ness's application.
My wife and I live on the corner of Flower and 19th St. We are neighbors of Mr. And Mrs.
Ness. I have reviewed the plans on file as part of the staff report and have spoken with the
property owner. I believe the architectural plans he has provided meet the character of the
surrounding neighborhood and will be consistent with the architectural characteristics of his
house. While this proposed wall will be a new architectural feature, a number of homes in the
neighborhood have new features on their property. Additionally, the wall feature appears to be
consistent with the architectural characteristics of the existing property structures. It is set back
from the sidewalk in the street and will still allow for view corridors to exist.
I also support Mr. Ness's interest in need to have usable yard space and to preserve his privacy
and security. It is important for the neighborhood to promote designs which advance the
architectural features of the home while also allowing for the privacy of one's use of their
yard. I believe the proposed architectural designs balance those interests. Likewise, the safety
of the neighborhood is enhanced by allowing for this architectural feature to be built in a way
that will screen some view from the public sidewalk Wall not significantly inhibiting view
corridors from a farther distance perspective.
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By way of background, not only am I a neighbor, but I am a land-use and municipal law
attorney with over 17 years of experience and have worked on historic structures as part of my
background. Please take my opinion into account.
Again, I support this project in the staff recommendation.
Michael R.W. Houston
21
From:Debbie McEwen
To:Bernal, Sarah
Subject:Fence ordinance Floral Park
Date:Tuesday, May 09, 2017 10:53:08 AM
I believe calling this a minor variance does a huge disservice to all except the applicant. We are at a terrible time in
our City, without a permanent City Manager or Police Chief and our Council is a divided faction. Now is not the
time to cherry pick though the long standing ordinances put in place at a more stable time. There is already so much
instability and political horse trading going on, please let us, the neighborhood associations continue to rely on the
protections we have in place.
Thank you.
Debbie McEwen
President
Historic French Park
Sent from my iPhone
22
From:Tim Rush
To:Bernal, Sarah; Huizar, Maria
Subject:Zoning Administrator Hearing May 10th, 2017, Item No. 2017-01,
Date:Tuesday, May 09, 2017 2:58:37 PM
Attachments:image003.png
image004.png
image005.png
Zoning Administrator
RE: Real Property located at 1904 Heliotrope Drive, Floral Park, Santa Ana, Ca
Request for Minor Exception, Perimeter Fencing
Dear Sir;
Please let me start by being clear……I am 100% opposed to the applicants request. My opposition
includes the following reasons.
1. The requested variance is hardly minor. Going from a permissible 36” to 60”………is a
tremendous increase. Not sure whose dictionary one is using to arrive at the term MINOR?
2. It will alter the exterior appearance of the historic home dramatically………thereby
destroying the original appearance.
3. Given what I stated in item No. 2, that would call into question a violation of the Mills Act
application, and the listing on the City Historical Register.
4. This will diminish the view shed afforded by a significant amount when you consider this
home in on such a prominent corner.
5. The most damaging part of this request if it is granted will be the Niagara of requests by
others in the city who have requested similar variances over the years. And they will all
point to the new precedent being set by the Ness property as reason that they should be
granted a similar such variance.
The City Council many years ago sought to counter this blight of mini fortressing that was occurring
in our city by creating standards which have worked well to reign in this problem. We create a
great city and great neighborhoods block by block, and house by house. What Mr. Ness requests
will simply further entrench more bad decisions with regard to overblown fencing. We are told
that Mr. Ness is fearful for his personal safety and that is the reason for the large fence. Others will
make the same argument……….to that I would suggest you not live in Santa Ana where we value
our historic neighborhoods. This fence will not generate the security he seeks, and when Mr. Ness
realizes that and moves on……..we are left with this terrible legacy to poor decision making.
This fence is detrimental to the home, the neighborhood and for what it will create in Floral Park
and beyond, a neighborhood of fortresses not homes. Please DENY this request.
Tim Rush
Historian, Past President of Washington Square and Wilshire Square Neigh. Assoc.
Neighborhood Hero, 30 Yr. Resident
23
-Attitude means nothing without Aptitude
-Confidence means nothing without Competence
-Credentials mean nothing without Credibility
-Ability means nothing without Ambition
-Personality means nothing if you can't be Personable
-Direction means nothing without Drive
Berkshire Hathaway Home Services California Properties
Timothy D. Rush
Senior Vice President
18000 Studebaker Road. Suite 600
Cerritos, CA 90703-2680
timrush@bhhscaprops.com
Direct Line (562)207.2730 Fax(562)860-2895
23
From:Soboleske, Hally
To:Bernal, Sarah
Subject:Fwd: 1904 N. Heliotrope Drive
Date:Tuesday, May 09, 2017 11:32:45 AM
FYI
Sent from my iPhone
Begin forwarded message:
From: <imhump@aol.com>
Date: May 9, 2017 at 11:31:52 AM PDT
To: <hsoboleske@santa-ana.org>
Subject: 1904 N. Heliotrope Drive
The Property owners have been a favored (4 homes in Floral Park) member of our
community for over 25 years. They have left every home they purchased better than the
way they found it while preserving the integrity of the property. I trust our planning and
building agency (along with the homeowner) to propose and build an aesthetically pleasing
and architecturally proper wall for this grand property. Kudos to Halle Soboleske and her
team for coming up with this proposal.
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May 9, 2017
2008 N. Heliotrope Dr.
Santa Ana, CA 92706
Ms. Hally Soboleske
City of Santa Ana
RE: Public Hearing regarding fence at 1904 N. Heliotrope Drive, Santa Ana
Dear Ms. Soboleske,
I am writing in support of approving Mr. Michael Ness’ request to increase the height his front
yard fence at his property on 1904 N. Heliotrope Drive, Santa Ana, CA.
In speaking with Mr. Ness, I have learned of the efforts and time he has invested in the design
concept for the proposed front yard fence on his property. Mr. Ness has been researching design
ideas and working closely with his design team to create an architectural feature with his front
yard fence and surrounding landscaping that will enhance the overall appeal and beauty of his
unique and historic property. The rendering that he shared with me depicts a fence that has been
thoughtfully designed with mature trees and ground coverings to complement and bring out the
natural beauty of his home.
I am confident that his fence will bring more value to his property as well as the neighboring
homes on his street, which includes my own home. I believe the integrity of his home and those
of his neighbors’ homes will not be compromised, and the fence will create a certain of decorum
mirroring the high expectations within the Floral Park neighborhood.
I support Mr. Ness’s proposed plans for his front yard fence and hope his proposal will be
approved. Do contact me with any questions.
Regards,
Annie Mai Bevacqua
Annie Mai Bevacqua
714-478-5557
25
From:Soboleske, Hally
To:Bernal, Sarah
Subject:Fwd: Zoning Administrator - Support of Minor Exception No. 2017-01 in Floral Park
Date:Tuesday, May 09, 2017 3:32:44 PM
Attachments:OutlookEmoji-1472493877118_Truthlogo_email_sg_100x100px_150dpi.png.png
Another one
Sent from my iPhone
Begin forwarded message:
From: Donna Duffy <dduffy@truthemail.com>
Date: May 9, 2017 at 3:16:06 PM PDT
To: "ecomments@santa-ana.org" <ecomments@santa-ana.org>,
"hsoboleske@santa-ana.org" <hsoboleske@santa-ana.org>
Subject: Zoning Administrator - Support of Minor Exception No. 2017-01 in
Floral Park
To whom it may concern,
We support the Exception for 1904 N. Heliotrope Drive.
We have been residents of Floral Park for 28 years and instrumental in
forming/supporting the community that exists today. One of the reasons we
chose to live here was the character and charm of each individual home. Some
are surrounded by white picket fences, some with large trees centering the
property or tall hedges lining properties, some with walls both short and tall and
some with nothing at all. There is not one solution that fits all here. I would
hope our zoning department recognizes this.
The Heliotrope home is one of the most beautiful homes in the neighborhood.
And it sits higher than most in comparison. I've seen the drawings for the
proposed landscaping/wall which is undeniably beautiful and in proportion of a
taller wall/landscaping.
We've known Mike and Christine Ness for more than 20 of the years we've lived
here. We know they are passionate preservationists. Everything they do/have
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done is of the highest quality of standards and appropriate for the vintage
architectural style of our neighborhood.
We would consider this exception an upgrade to the neighborhood and hope
that you agree.
Donna & Joe Duffy
2208 N. Ross Street
Santa Ana, CA 92706
donna duffy
714-542-8778, ext. 13
www.truthandadvertising.com
26
From:Michael Gallivan
To:ccardinale@santa-ana.org; Soboleske, Hally; eComment
Cc:Bernal, Sarah; Carvalho, Sonia R.; Mitre-Ramirez, Norma; Storck, Lisa; mMLawrence@snata-ana.org; hhassan@santa-ana.org; Pulido, Miguel; Neal, Candida; lverino@santa-ana.org
Subject:RE: MINOR EXCEPTION 2017-01 {Strategic Plan Nos 3,2} REQUEST FOR APPROVAL OF 5-FOOT HIGH WALL IN FRONT YARD AT HISTORIC LANDMARK RESIDENCE LOCATED AT 1904 N. HELIOTROPE DRIVE
Date:Tuesday, May 09, 2017 4:36:33 PM
Attachments:Michael Gallivan Letter with Highlighted Comments to Staff Recommended Action Package and Finding of Facts for Proposed 5 Foot Wall at 1904 N Heliotrope Drive 5-9-17.pdf
Dear Mr. Cardinale and to whom else it concerns:
I grew up and my parents still reside at 1912 Heliotrope Drive. This email and attached letter are sent to respectfully request that you deny the request to the proposed minor
Exception Approval to permit a 5 foot high wall at the Historic Elliot Residence located at 1904 N. Heliotrope Drive in Floral Park.
It seems egregious that City staff is considering recommending approval to permit a five-foot high fence in the front of the Historic residence as it will very clearly be a threat
to public safety, diminish adjacent and area property values, and obscure visibility of the one of the most architecturally significant historic landmarks in Santa Ana (the
architecturally significant balustrades will be completely obscured). I have reviewed the Recommended Action Letter prepared by Staff and the Finding of Facts which are
attached to the Public Hearing package and have noted that much of the analysis and fact stated are simply not correct. Please find my specific notes and comments in red and
highlighted in yellow below and attached to the staff report and Findings of Fact.
It would be appreciated if you will take this email, letter and attached comments into further consideration with your recommendation on the requested approval to build a 5-
foot wall around this historic residence. I respectfully request that the request for the 5-foot wall and Minor Exception be denied for all the reasons set forth in this email, letter
and noted below and in the attached notes.
Sincerely,
Michael J. Gallivan
Cell (213) 300-1030
Attachments
RECOMENDATION
Adopt a resolution approving Minor Exception No. 2017-01. Request of Applicant
The applicant, Michael Ness is requesting approval of Minor Exception No. 2017-01 to allow the
construction of a five-foot high front yard fence at 1904 North Heliotrope Drive. The applicant is proposing a minor exception from Santa Ana Municipal Code
(SAMC) § 41-61O(a)(1) which limits residential fencing on non-arterial streets to three feet in height. Pursuant to SAMC § 41-632(3)(i), minor exceptions related
to fences are determined by the Zoning Administrator.
Property Description and Site Location
The General Plan land use designation for this site is Low Density Residential (LR-7), with a zoning designation of Single Family residence (R1). The property islocated within the Floral Park neighborhood, and is listed on the Santa Ana Register of Historical Properties. The structure is known as the Elliot House andis categorized as a Landmark. Additionally, the existing two-story house was constructed in 1931 and is 4,149 square feet. The property has a detachedtwo-car garage to the west of the house. The 17,670-square-foot property is located on the northwest corner of Heliotrope Drive and Nineteenth Street.Surrounding land uses include single family residential to the north, south, east and west (Exhibits 1, 2, 3 and 4).
Project Description
The applicant proposes to construct a five-foot tall decorative fence (wall)four feet in from the front and side property lines at the residential property locatedat 1904 North Heliotrope Drive (Exhibit 4). Pursuant to Santa Ana Municipal Code (SAMC) § 41-61O(a)(1), front yard fences are limited to three feet in height onresidential properties located on non-arterial streets. Although the final design will be reviewedAdministratively n,
the proposed fence is designed to match the historic house in terms of material, color and design (Exhibit 5). Exhibit 5 which is attached to Zoning Administrator package(labeled as Site Plan) shows a solid wall with no compatibility with historical Italian Renaissance Architecture of house or existing balustrades on the front of the house.
Project Background
The applicant purchased the property in 2015 and has been in the process of renovating and rehabilitating the interior of the home. The applicant did not live in the home during the renovation process, but visited frequently to view the progress. During renovations, the applicant installed afabric covered chain link construction fence to protect the site and stored building materials. The City received complaints from nearby residentsabout the extended period of time the construction fence was in place and the property owner was cited. With interior work nearing completion, theapplicant has moved into the residence and is prepared to begin exterior improvements such as fencing and landscaping.
Project Analysis
The applicant would like to construct a five-foot tall (wall) fence along the front and side yards that include a solid stucco wall with a decorative wrought irongate facing the corner of the site (Exhibit 6). Design is in stark contrast to Architectural Renaissance design of House.
The purpose of the fence is to obtain privacy and usable yard space. This residence and detached garage is located on a corner lot, and is set back tothe northwest corner of the lot greatly reducing the size of the usable rear yard. The Property has a beautiful useable back yard with pool
and has not changed in size since owner’s purchase of the home. Being a corner lot, two sides of the lot are adjacent to streets furtherreducing the amount of private yard area. The detached garage and driveway are positioned in the rear part of the lot, reducing the usable rear yard areaby approximately 800 or more square feet. Back yard is greater than 800 sqaure feet. Additionally, the prevailing setback along Heliotrope Drive ismore than 50 feet. Therefore, for the majority of properties along Heliotrope, the front yard area functions as part of the usable yard space. The majority
of Front yards on Heliotrope Drive create an open environment that is unique to Santa Ana creating value to the neighborhood and desirability
for living in the Floral Park area, specifically on Heliotrope Drive. The house is a large, two-story residence, and the Italian Renaissance style ofarchitectural style is ornate and box-shaped. As such, a typical three-foot tall fence would look incongruous with this architectural style This is ridiculous
as the wall will be certainly be incongruous with the Architectural style, let alone the 5 foot wall will completely block views of the historically
significant balustrades surrounding the beautiful property. . The proposed front yard fence allows the property owner to enjoy their propertyrights including private yard space and to have the fence match in scale to the residence. Please note that the proposed “fence” is a wall and owner’s
property rights have not changed. Owner was well aware of the architectural significance of the house when purchased recently
The site is identified as a historic property categorized as Landmark due to its unique architectural significance in the Italian Renaissance style. Itsclassic design is typical of the revival styles constructed in the Floral Park neighborhood during the 1920's and 30's. The residence is quite large, and is a striking presence from the right-of-way; a three-foot tall fence would appear diminutive and not be in proportion to the house. Again this
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is absurd, since the wall will be incongruous with Property’s Architectural style, let alone the 5 foot wall which will completely block views of
the historically significant balustrades surrounding the beautiful property. The applicant proposes a five-foot tall wall so that the line of site of thetop of the wall matches the two-foot tall balustrade surrounding the terrace which surrounds the front facade when viewed from the right-of-way (Exhibit 7) The five foot tall wall will completely block the view of the historically significant balustrades surrounding the terrace as clearly
illustrated in Exhibit 8 Proposed Wall Rendering provided in Zoning Administrators package (attached), and thereby meeting the requirementsand objectives of Chapter 13 (Historic Structures) of the Citywide Design Guidelines and the policy of the Historic Resources Commission to maintaina view shed of the historic residence. The wall certainly does not meet and is contradictory to the requirements and objectives of Chapter 13(Historic Structures) of the Citywide Design Guidelines and the policy of the Historic Resources Commission to maintain a view shed of the historicresidence. This decorative fence provides a formal appearance complementing the appearance of the residence and would serve to accent the view ofthe historic property without blocking it because of the slope of the yard. With acceptation of the driveway side of their
property the yard is flat (there is very little or no slope. The proposed wall will detract
and certainly not complement the appearance of the residence. The material and design of the wall proposedwill complement the existing style of architecture (smooth stucco texture) while offering the property owner private yard space. The five foot highstcucco wall will certainly detract from the Italian Renaissance design integrity of the house.
Public Notification
The project site is located within the boundaries of the Floral Park Neighborhood Association. Staff contacted the president of the Floral ParkNeighborhood Association to ensure they were notified of this project and to identify any areas of concern. The president did not identify anyconcerns at this time. The project site itself was posted with a notice advertising this public hearing, a notice was published in the Orange CountyReporter and mailed notices were sent to all property owners and tenants within 500 feet of the project site. At the time of this printing, 16 e-mails havebeen received by members of the public; three in support and 14 in opposition of the recommended action (Exhibit 8).
CEQA Complaince
In accordance with the California Environmental Quality Act, the proposed project is categorically exempt per §15303(e) as it is a proposed accessorystructure on a residentially zoned property. Environmental Review No. 2017-20 will be filed for this project.
Strategic Plan Alignment
Approval of this item supports the City's efforts to meet Goal #5 (Community Health, Livability, Engagement & Sustainability), Objective #4 (supportneighborhood vitality and livability). The five foot wall will certainly not and work in contrast to City's efforts to meet Goal #5 (Community Health, Livability,
Engagement & Sustainability), Objective #4 (support neighborhood vitality and livability). The five foot wall if approved will result in the following: 1) Less safe neighborhood –· New blind traffic intersection will be created.
· Unobstructed corridor views from 19th Street and Heliotrope Drive will be impeded.· Reduction of side yard set-back from 10 to 4 feet on North side of Property will obstruct views from adjacent driveway that could result in pedestrianinjuries or even fatalities. Floral park residents that walk northbound on sidewalk will be at much greater risk to be hit from cars backing up on adjacentdriveway located on the north side of the Property.· Reduction of front and side yard set-backs from 10 to 4 feet (and from 50 foot prevailing set-back in front yard) will obstruct corridor views for
vehicles traveling on Heliotrope Drive and 19th Street creating a greater risk of vehicle accidents and/or potential vehicle/pedestrian accidents.
2) Community Livability and Enagement will be greatly reduced· Front yards on Heliotrope Drive create an open environment that is unique to Santa Ana creating value to the neighborhood and
desirability for living in the Floral Park area, specifically on Heliotrope Drive.
CONCLUSION
Staff recommends approval of Minor Exception No. 2017-01 to allow a five-foot tall fence in the front and side yards to allow the applicant to enjoy his property right to
usable private yard area
Findings of Fact
A. That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the
strict application of the zoning ordinance is found to deprive the subject property of privileges not otherwise at variance with the intent and purpose of
the provisions of this chapter.
There are special circumstances applicable to the subject property where the strict interpretation of the zoning ordinance is found to deprive the
subject property of privileges not otherwise at variance with the intent and purpose of the provisions of the zoning code. The subject site is a
corner lot with the house and garage located in the rear (northwest) of the lot on a street with large setbacks thereby significantly reducing the
size of private backyard area. The Property has a beautiful private back yard with a pool and has not changed since the Owner recent purchase
of the Property.
The purpose and intent of the code requirement is to prevent a “fortress-like” appearance in residential areas; however, the size and scale of
this historic Italian Renaissance style of residence is large thereby making a typical three-foot tall front yard fence appear miniscule in
comparison. The five-foot tall fence would complement the size and scale of this of structure. This is not true! The wall will be incongruous
with the Architectural style, let alone the 5 foot wall which will completely block views of the historically significant balustrades surrounding
the beautiful property. Furthermore, The five foot tall wall will completely block the view of the historically significant balustrades surrounding
the terrace as clearly illustrated in Exhibit 8 Proposed Wall Rendering provided in Zoning Administrators package (attached).
B. That the granting of a minor exception is necessary for the preservation and enjoyment of one or more substantial property rights.
The approval of this minor exception maintains the rights of the property owners to utilize their property as other residential property owners to
have a private and secure usable yard area (Property has a private and secure usable yard area. Property has a beautiful private back yard with
a pool and has not changed since the Owner recent purchase of the Property). Since the subject lot is a corner lot, the fence is required to be
constructed ten feet in from the side yard property line which would not optimize the private and secure usable area. (The code provides for a
10 foot minimum set-back on the north Property line – reduction of this to 4 feet is impeding on adjacent owner’s property rights and creating a
unsafe condition that is detrimental to public welfare (pedestrian traveling northbound on sidewalk for evening strolls which be much more
susceptible to being struck from vehicle backing up from adjacent driveway located on north side of the Property. The fence is proposed to be
built in four feet from the side lot line so as to maintain the pedestrian scale. Do not understand the preceding comment as solid wall will be
detrimental to pedestrian scale. Owner’s preservation and enjoyment of Property has not changed. The Property has a beautiful private back
yard with a pool and has not changed since the Owner recent purchase of the Property.
C. That the granting of a minor exception will not be materially detrimental to the public welfare or injurious to surrounding property.
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The project will not be materially detrimental to the public welfare as the proposed front yard fence/wall will be designed to complement the
historic residence in terms of material and style. This is not true! The wall will most certainly be incongruous with the Italian Renaissance
Architectural style. The 5 foot wall will completely block views of the historically significant balustrades surrounding the terrace as clearly illustrated in
Exhibit 8 Proposed Wall Rendering provided in Zoning Administrators package (attached). Further, the view of the historic landmark residence will
not be obstructed due to it being constructed at a higher grade than the sidewalk. With acceptation of the driveway side of their property, the
yard is flat (there is very little or no slope). The proposed wall will detract and certainly not complement the appearance of the residence. Side
yard fences are allowed to be up to eight feet in height; (The preceding comment is Not relevant as the prevailing front yard setback on
Heliotrope Drive is more than 50 feet) however, the applicant proposes five feet in height to maintain the pedestrian scale. The four-foot
landscape buffer in front of the proposed front yard fence will soften the edges of the fence and maintain the residential nature of the site. The
portion of fence on the northern side of the property will be tapered so as not to be injurious or detrimental to the neighboring site. The code
provides for a 10 foot set-back on the north Property line – reduction of this to 4 feet is impeding on adjacent owner’s property rights and creating
a unsafe condition that is detrimental to public welfare (pedestrians traveling northbound on sidewalk for evening strolls will be much more
susceptible to being struck from vehicle backing up from adjacent driveway located on north side of the Property. The reduction of the set back
from 10 to 4 feet, even with the so called taper (which does not conform to prevailing setback), will be very detrimental to adjacent property to
north, especially with decreased view and visibility from driveway when backing up onto Heliotrope Drive.
D. That the granting of a minor exception will not adversely affect the General Plan of the City.
The requested minor exception will not adversely affect the General Plan, as it is consistent with the goals and policies of the document. The
proposed exception will most certainly adversely effect the General Plan by setting precedence. Goal 2.0 of the Urban Design Element states
that new development should be proportionally and aesthetically related to its district setting. This is not a new development; the House which
was originally constructed in 1931 is categorized as an Historical Landmark and was renovated. The proposed fence is proportional to the
residence and for a residential area. Goal 2.7 of the Urban Design Element states that projects must exhibit a functional, comfortable scale in
relation to the neighborhood. The proposed wall is certainly not in scale to in relation to the neighborhood. The prevailing front yard setback on
Heliotrope Drive is more than 50 feet and the three other homes that share the Heliotrope Drive and 19th Street intersection all have open areas
with fences that conform to Code (See Exhibit 2 Zoning Map). This proposal is in scale with existing structures in the neighborhood, and
specifically with the large scale of the existing historic residence. Goal 3.5 of the Urban Design Element Policy Plan encourages residential
alterations that are consistent with the architectural character of the neighborhood. The proposed wall will be detrimental to Goal 3.5 of the Urban
Design Element Policy Plan. Front yards on Heliotrope Drive create an open environment that is unique to Santa Ana creating value to the
neighborhood and desirability for living in the Floral Park area, specifically on Heliotrope Drive. The residence is Italian Renaissance which utilizes
large scale to convey its grand style. The proposed five-foot tall fence is congruous to the scale of the residence. The residence is a
historical designated Landmark with an elevated terrace with balustrades. The proposed wall will be in stark contrast in keeping with the Italian
Renaissance style and will obscure views of the beautiful residence and completely block views of the historically significant balustrades that are
noted with its historic designation.
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From:Soboleske, Hally
To:Bernal, Sarah
Subject:Fwd: 1904 Heliotrope
Date:Wednesday, May 10, 2017 10:45:24 AM
Sent from my iPhone
Begin forwarded message:
From: Eamon Garces <garces.eamon@gmail.com>
Date: May 10, 2017 at 7:53:48 AM PDT
To: <hsoboleske@santa-ana.org>
Subject: 1904 Heliotrope
Hello Mrs Soboleske
I am writing to express my disapproval of the proposed wall at 1904 Heliotrope. It
is a flawed idea for numerous reasons.
From an architectural standpoint it is horrible. All symmetry on the corner will
be destroyed. This is a landmark property on a signature corner in Floral Park. If a
wall is erected people will not be able to see all four revival styles represented on
the corner.
From a safety standpoint people will not be able to see who is walking down
19th street. A wall at the property line also impairs drivers views around the
corner. There have already been several accidents at the corner.
A wall that stretches 150 feet will be a target for graffiti artists. This makes the
neighborhood seem unsafe. This will have negative effect on property values.
Walls send the message to stay out. This is contrary to Floral Park's spirit of
inclusion and openness.
From a personal viewpoint a wall eliminates my view out the living room
window. I will no longer be able to see down 19th street which is a historic. Ire.
This lowers my property value.
I urge the city to reject this wall which will be a permanent fixture long after the
owner is gone.
Thank you
Eamon Garces
1901 N Heliotrope
Sent from my iPhone
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Rick Kagasoff
2023 N. Heliotrope Dr.
Santa Ana, CA 92706
May 10,2017
RE: Front Wall at 1904 N. Heliotrope Drive, Santa Ana
To Whom It May Concern,
I am writing this letter to show my support for Michael Ness' request to build the front yard wall
at his property on 1904 N. Heliotrope Drive, Santa Ana, CA.
I have spoken with Mr. Ness on many occasions and am fully aware of the time he has invested
in the design concept for the proposed wall and I know that he has spent countless hours
researching design ideas. He has been working closely with his design team to create a feature
that will enhance the overall appeal of his property.
I am a resident on Heliotrope and I am confident that this wall will bring more value to Mr Ness'
property as well as the neighboring homes. I believe the integrity of his home and those of his
neighbors' homes will not be compromised and that the wall will not be a distraction. I believe
Mr Ness will comply with all City requirements/regulations and this project will fall within the
high expectations of the Floral Park neighborhood.
I completely support Mr. Ness's plans for his new wall and do hope his proposal will be
approved. Please feel free to contact me with any questions.
Sincerel
Rick Kagasoff
714-501-2346
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Gina Chiaramonte
1816 Greenleaf Street
Santa Ana, CA. 92706
May 10, 2017
RE: Front Wall @ 1904 N. Heliotrope Drive, Santa Ana, CA. 92706
To whom it may concern,
I am writing this letter to show my support for Mike & Christine Ness request to build the front
yard wall at his property on 1904 N. Heliotrope Dr., Santa Ana, CA I have spoken with Mike and
Christine Ness on several occasions and I am fully aware of their plans and design concept for
the proposed wall which by the way will frame their house and property beautifully!
Myself and my husband along with our two children have lived in the neighborhood for 20
years and have known Mike and Christine when they lived on Ross as well as now on
Heliotrope.
I am very confident that they will do a beautiful job and bring more value to their home as well
as the neighboring homes!
We live kitty corner from the Ness house and can view their house in perfect view from ours
and the propose wall that they are asking for will enhance their property as well as the
neighborhood! Due to the size of the house and property I truly believe a 5-foot wall would be
an adequate size for their property!
We completely support Mr. Ness and their plans for their new wall and pray that the proposal
will be approved!
Please feel free to contact me should you have any questions or concerns!
Best,
Gina Chiaramonte
and family
(714)815-5584
ginachiaramonte@sbcglobal.net
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