HomeMy WebLinkAboutME 2017-01_1904 N Heliotrope ResolutionRESOLUTION NO. 2017-02 OF THE ZONING ADMINISTRATOR
OF THE CITY OF SANTA ANA APPROVING MINOR EXCEPTION
NO. 2017-01 TO ALLOW A FIVE FOOT TALL FRONT YARD
FENCE AT 1904 NORTH HELIOTROPE DRIVE
BE IT RESOLVED BY THE ZONING ADMINISTRATOR OF THE CITY OF
SANTA ANA AS FOLLOWS:
Section 1. The Zoning Administrator of the City of Santa Ana hereby
finds, determines, and declares as follows:
A. An application for a minor exception (Minor Exception No. 2017-01)
has been filed with the City of Santa Ana ("City') seeking an
allowance from the three (3) foot tall front yard fence standards set
by Santa Ana Municipal Code Section 41-610(a)(1) (the
"Application").
B. Approval of the Application for Minor Exception No. 2017-01 would
allow a five (5) foot tall front yard wall (the "Application") on the
property located at 1904 North Heliotrope Drive (the "Property"),
which is improved by a large two-story residence known as the "Elliot
House" that is listed on the City's Register of Historical Properties
(the "Residence").
C. Santa Ana Municipal Code Section 41-632(a)(3)(i) declares that
variances from zoning provisions pertaining to walls and fences are
"minor exceptions," and pursuant to Sections 41-631 and 41-
638(a)(2), the Zoning Administrator may grant a minor exception
upon making certain required findings.
D. The Application came before the Zoning Administrator of the City of
Santa Ana for a duly noticed public hearing on May 10, 2017, during
which the Zoning Administrator heard and considered the
Application, staff reports, presentations, oral and written testimony,
and all other documents and evidence submitted in connection with
this matter, with the foregoing cumulatively comprising the
administrative record for this proceeding.
E. At the conclusion of the hearing, the Zoning Administrator continued
the matter to May 17, 2017, for purposes of rendering a decision.
Section 2. Based upon and in full consideration of the administrative
record, and based upon the "Findings of Fact" issued concurrently herewith and
incorporated by this reference, the Zoning Administrator of the City of Santa Ana
hereby finds, determines and declares as follows:
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.
The Property is comprised of two (2) parcels totaling 17,670 square
feet. Nonetheless the usable and protected (from both a safety and
privacy perspective) backyard space is limited by the Residence's
location on northwest portion of the Property, and the two (2) car
garage and driveway situated behind the Residence. These features
similarly limit the side yard to the north of the Residence, the only other
area that is at least partially shielded from the public right -of way.
The Property enjoys large front and side yards along Heliotrope Drive
and Nineteenth Street, but its corner location limits the utility of this
area as supplemental yard space. Nineteenth Street is heavily
traveled, at least relative to other roadways in Floral Park, and public
walkways front the Property along Heliotrope Drive and Nineteenth
Street. These conditions create safety and privacy concerns that
significantly limit the ability to use and enjoy this front yard area.
The Residence is also unique. It is a two-story structure of notable
height and scale, and constructed in an architectural style
characterized by symmetric and "box -like" dimensions, boasting
prominent arches, pillars, windows, and railings. Evidence indicates
that the Property is slopped upwards towards the Residence, resulting
in the Residence sitting at a higher elevation than the public right-of-
way and surrounding residences. These features and architectural
styling of the Residence are compatible with a front yard wall of greater
height than would be appropriate for a standard residence.
The Application furthers the purpose of the City's Zoning Code by:
facilitating the use and enjoyment of privately owned residential
property; creating open yard space; and fostering the improvement and
adaptive use of property in a manner that respects the heritage of a
historically significant structure.
The Application is consistent with primary objectives of the City's
Design Guidelines and Development Standards ("Design Standards" or
"Standards") by: implementing a progressive design solution to current
development trends that are reflective of societal desires for safe,
secure, and private outdoor spaces shielded from vehicular and
pedestrian traffic, and protective of personal privacy interests;
providing a free, creative, and innovative architectural design for a new
secure outdoor space for occupants and owners of the Property;
protecting the public from unsightly conditions by implementing design
elements that are consistent with the architecture, styling, size, and
scale of the Residence, while preserving, complementing, and paying
tribute to its historically significant features; and preserving and
maximizing the history of the City by contributing to the uniqueness
and character of homes in Floral Park.
The Application is consistent with the Design Standards governing
additions to historical structures by facilitating a desirable and
necessary addition to existing improvements in a manner that:
preserves and does not physically alter historic and architectural
features of the Residence; preserves design elements, details and
materials utilized in the existing Residence in a historically sensitive
and accurate manner; is physically separated from the existing
Residence thereby clearly delineating the old construction from the
new; and is of a height, scale, design, and material that complements
the overall character, scale, proportion, massing, and detailing of the
Residence.
The Application is consistent with the Standard's provisions governing
fences and walls on historic properties, because the proposed wall: is
ornamental in nature and constructed of stucco with wrought iron gates
which are compatible with Residence; is compatible with the existing
neighborhood which boasts residences, fencing, walls, and vegetation
of unique designs, colors, and styles, and of varying heights; is only as
tall as necessary to preserve its decorative and screening function,
while simultaneously remaining compatible with the architecture and
scale of the Residence; and includes iron gates that mirror iron
features adoring the Residence. The design of the proposed wall is not
exaggerated and does not create a fortressing look given: the styling
and scale of the Residence; entry gates providing sight -lines to the
Residence; and availability of unobstructed views over the wall,
particularly given the Residence's location on an elevated grade.
B. That the granting of a variance or minor exception is necessary for the
preservation and enjoyment of one (1) or more substantial property
rig hts.
Approving the Application is necessary for the preservation and
enjoyment of substantial property rights, including but not limited to the
right to: use and enjoy residential of property as a private residence;
and use and enjoyment of private outdoor space that is safe, secure,
and protected from vehicular and pedestrian traffic and associated
environmental issues. Absent the application, the special
circumstances applicable to the Property described immediately above
would infringe upon these rights. t
C. That the granting of a variance or minor exception will not be materially
detrimental to the public welfare or injurious to surrounding property.
Approving the Application will not be materially detrimental to the
public welfare or be injurious to surrounding property. The proposed
wall is designed and styled to compliment the Residence. Though
views of certain architectural features of the Residence may be
restricted from certain public vantage points, the entire Residence will
remain visible from the public right-of-way either over the wall or
through the front gate. Because of the size, height, and scale of the
Residence, and its raised elevation when compared to surrounding
properties and the public right-of-way, any potential view restrictions
will be limited to architectural features located along the base of the
Residence. The four (4) foot landscape buffer between the wall and the
property line will soften the edges of the wall, compliment the
symmetry and "box -like" structure of the Residence, and maintain the
residential "feel' of the Property.
The 'open" feel of the residential neighborhood will also not be
negatively impacted in a material manner; particularly because any
such impacts would accompany a standard three (3) foot wall that may t
be constructed on the Property by right. The proposed wall shares the
architectural design, massing, and scale of the Residence, while a
shorter wall is more likely to detract from or conflict with these
historically significant features. The wall is consistent with overall
nature of the neighborhood, which includes unique homes with varying
architectural and design features, and which lacks any unified design
characteristics.
The proposed wall includes appropriate materials and design features,
and therefore is likely to positively affect the aesthetic quality of the
neighborhood and increase property values; as noted in the Design
Standards.
D. That the granting of a variance or minor exception will not adversely
affect the general plan of the city.
Granting the Application will not adversely impact the general plan of
the City. The Property is located in a single-family residential zoning
district, front yard fences i walls of three (3) feet in height are permitted
by right in such district, and the proposed five (5) foot high wall is
consistent with the various purposes, objectives, and standards
articulated in the General Plan, Zoning Code, and Design Standards
noted above.
Section 3. Environmental Findings.
A. In accordance with the California Environmental Quality Act
("CEQA"), the proposed project is exempt from further review
pursuant to Section 15301 of the CEQA Guidelines as a minor
alteration of existing private structures involving negligible or no
expansion of use, including exterior alterations of existing facilities,
and Section 15303 as a construction and location of a small facilities
or structures, including appurtenant accessory structures such as
fences.
B. In support of the Categorical Exemption, and based upon the
administrative record and the "Findings of Fact," the Zoning
Administrator makes the following findings as referenced in Section
15300.2 of the CEQA Guidelines:
1. Cumulative Impact. Minor Exception No. 2017-01 is approved in
light of special circumstances involving the Property and
Residence, and therefore it can be seen with certainty that
successive projects of the same type and in the same area will not
occur, and will therefore not result in a cumulative impact to the
community.
2. Significant Effect. There is no reasonable possibility that approving
Minor Exception No. 2017-01 will have a significant environmental
impact due to unusual circumstances.
The Property does include the historic Residence, but there is no
reasonable possibility Minor Exception No. 2017-01 will have a
significant environmental impact because the proposed wall: will
result in less of an environmental impact than a three (3) foot high
wall that is permitted by right on the Property, as such shorter wall
would be inconsistent with the size, scale, and styling of the
Residence; implements design elements that are consistent with
the architecture, styling, size, and scale of the Residence, while
preserving, complementing, and paying tribute to its historically
significant features; preserves and maximizes the history of the
City by contributing to the uniqueness and character of homes in
Floral Park; does not physically alter historic and architectural
features of the Residence, and may be removed at some future
date without any damage to the Residence; is ornamental in
nature and constructed of stucco with wrought iron gates which
are compatible with the Residence; is compatible with the existing
neighborhood which boasts residences, fencing, walls, and
landscaping of unique designs, colors, styles, and varying of p
height and scale; is only as tall as necessary to preserve its
decorative and screening function, while simultaneously remaining
compatible with the architecture and scale of the Residence; and
includes iron gates that mirror iron features adorning the
Residence.
3. Scenic Highways. Approval of Minor Exception No. 2017-01 will
not result in damage to scenic resources, including but not limited
to, trees, historic buildings, rock outcroppings, or similar resources,
within a highway officially designated as a state scenic highway.
The Property is located within a residential neighborhood, and no
scenic highways are located within the area.
4. Hazardous Waste Sites. The Property is not located on a site
which is included on any list complied pursuant to Section 65962.5
of the Government Code. The Official Hazardous Waste and
Substance Site "Cortese" List was consulted and the Property is
not included on any known hazardous waste site, as such list is
updated by the State Department of Toxic Substances and reflects
all available information on hazardous sites.
5. Historical Resources. Approving Minor Exemption No. 2017-01 will
not cause a substantial adverse change in the significance of a
historical resource.
The Property does include the historic Residence, but the
proposed wall will not result in a substantial adverse change in its
historical significance. The proposed wall: will result in less of an
impact than a three (3) foot high wall that is permitted by right on
the Property, as such shorter wall would be inconsistent with the
size, scale, and styling of the Residence; implements design
elements that are consistent with the architecture, styling, size,
and scale of the Residence, while preserving, complementing, and
paying tribute to its historically significant features; preserves and
maximizes the history of the City by contributing to the uniqueness
and character of homes in Floral Park; does not physically alter
historic and architectural features of the Residence, and may be
removed at some future date without any damage to the
Residence; is ornamental in nature and constructed of stucco with
wrought iron gates which are compatible with Residence; is
compatible with the existing neighborhood which boasts
residences, fencing, walls, and vegetation of unique designs,
colors, and styles, and of varying height and scale; is only as tall
as necessary to preserve its decorative and screening function,
while simultaneously remaining compatible with the architecture
and scale of the Residence; and includes iron gates that mirror
iron features adorning the Residence.
Section 4. The Zoning Administrator, after conducting the duly noticed
public hearing and considering all evidence in the administrative record, hereby
approves Minor Exception No. 2017-01 to allow for a five (5) foot tall front yard
fence at the Property, and adopts a CEQA Categorical Exemption pursuant to
Sections 15301 and 15303 of the CEQA Guidelines for Minor Exception No.
2017-01.
Section 5. Pursuant to Code Section 41-638(b), the Zoning
Administrator hereby imposes the following conditions of approval on Minor
Exception No. 2017-01, and finds that such conditions are necessary and
desirable to protect the public health, safety, and welfare in accordance with the
purpose and intent of the Code:
A. The wall shall be designed, constructed, and located in substantial
compliance with the architectural rendering, design, and plan
submitted by Applicant during the public hearing, with the final design,
construction, location, and ongoing maintenance of the wall to be in
strict compliance with the plans and specifications approved by the
City.
B. The exterior portion of the wall facing the public right-of-way shall be
landscaped in accordance with a landscaping plan approved by the
City, and such landscaping shall be kept and maintained at all times in
accordance with said plan.
Section 6. A copy of this decision and accompanying findings of fact
shall be filed with the clerk of the City Council, with the City's planning
department, and mailed to the applicant. This decision is final, unless appealed
to the Planning Commission within ten (10) calendar days of the date hereof.
ADOPTED this 17th day of May, 2017.
Christopher G. Cardinale
Zoning Administrator
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By: r
Lisa Storck
Assistant City Attorney
CERTIFICATION OF ATTESTATION AND ORIGINALITY
I, SARAH BERNAL, Zoning Administrator Secretary, do hereby attest to
and certify the attached Resolution No. 2017-01 to be the original resolution
adopted by the Zoning Administrator of the City of Santa Ana on May 17, 2017.
Date: 5 II i jI -�-
Zoning Administrator Secretary
City of Santa Ana
3
I
MATTER: MINOR EXCEPTION 2017-01
APPLICANT: MICHAEL NESS
PROPERTY: 1904 N. HELIOTROPE DRIVE, SANTA ANA, CA
APPLICATION: MINOR EXCEPTION TO EXCEED FENCE HEIGHT STANDARDS
FOR SINGLE FAMILY RESIDENCE LOCATED IN SINGLE-FAMILY
RESIDENCE (R-1) ZONING DISTRICT
HEARING DATE: MAY 10, 2017
DECISION DATE: MAY 17, 2017
This matter concerns an application for a variance from the Santa Ana Municipal Code's (the
"Code") three (3) foot height limitation on front yard fences / walls in the R-1 (Single -Family
Residence) Zoning District ("R-1 District") (Code § 41-610(a)(1)).) A waiver of this limitation is
a "minor exception" which may be acted upon by the zoning administrator. (Code §§ 41-360, 41-
632(f), (i).)
Having considered the staff report and presentations, public testimony and written comments,
and all other documents and materials presented during the public hearing and in connection with
this matter, and in accordance with Code Section 41-640, the Zoning Administrator hereby
makes written findings of fact specifying all facts relied on in reaching the decision rendered
simultaneously herewith.
FINDINGS OF FACT
A. The Property
The Property is located in the "Floral Park" neighborhood, a well-known residential community
in the City of Santa Ana ("City") characterized by custom residences built between the 1920's
and 1950's. The homes, many of which are historically significant, vary significantly in size,
scale, design, and architecture. The Property is a corner lot at the intersection of Heliotrope Drive
and Nineteenth Street, and comprises two (2) parcels totaling 17,670 square feet. A large single-
family residence known as the "Elliot House" (the "Residence") is located on the northwest
portion of the Property, oriented towards Heliotrope Drive.
B. The Residence
Originally constructed in 1931, the Residence is listed as a "Landmark" on the City's "Register
of Historical Properties." The "T" shaped structure is constructed in the Italian Renaissance (or
Italian Renaissance Revival) style, includes 4,149 square feet, and consists of a larger, two-story
rear (west) wing and a smaller, one-story front (east) wing.
The Residence features symmetrical massing, emphasis of the lower story through greater height,
stucco walls and a tile roof, the incorporation of arches, and classical detailing of columns and
impost moldings. The predominate theme of the design is an arch used for openings on all three
(3) sides of the one-story wing, for a recessed, three -bay, arcaded entry porch at the southwest
corner of the two-story wing, for a second arcade at the northeast corner (towards Heliotrope
Drive), and for lower story windows on the south elevation (towards Nineteenth Street). The
windows are primarily paired, multi -paned casements and French doors. Iron -railed balconies are
centered on the south elevation upper story and recessed above the northeast arcade. Columns
provide support for the arcades and divide the balconies into bays, and a balconette is centered
above the entry arcade. A classical balustrade defines a terrace that wraps both street elevations.
Given its location on the Property, the Residence is setback significantly from both Heliotrope
Drive (east) and Nineteenth Street (south), but proximately located to the Property's boundaries
to the north and west. The prevailing setback along Heliotrope Drive is more than 50 feet, a
similarly large but slightly narrower setback exists along Nineteenth Street, and there is a modest
setback between the Residence and northern Property line. A detached two -car garage and
driveway are located to the rear (west) of the Residence, with the garage's western wall essential
resting along the Property's western boundary.
A relatively small backyard (given the Property's size) is situated between the garage and
Residence, extends north of the garage to the Property's northern boundary, and east to a line
even with the rear (west) wall of the Residence. The location of the garage and driveway reduce
the usable backyard area by an estimated 800 feet.
Pedestrian walkways front the Property along Heliotrope Drive and Nineteenth Street, and a
grass area separates the walkways from the bordering curbs and roadways. Mature palm trees are
located in the front yard and along the public right-of-way.
C. The Application
The Applicant proposes to construct a five (5) foot high wall in the front and side yards of the
Residence, located four (4) feet from the Property line along Heliotrope Drive and Nineteenth
Street.
The proposed wall will be solid stucco and colored to match the Residence. Decorative pilasters
of a height even with the wall will be evenly spaced along its length, and a decorative wrought
iron entry gate will face the intersection. A decorative double -door entrance gate will span the
driveway, and slightly raised pilasters will be located on either side of the entry and garage gates.
The public walkways fronting the Residence along Heliotrope Drive and Nineteenth Street
would be preserved, as would the mature palm trees fronting the Residence. Landscaping is
proposed along the entire exterior base of the wall, consisting of low-lying bushes and shrubs of
varying varieties, textures, and colors.
The staff report recommended approval of the Application, explaining the wall would facilitate
privacy and increase the usable yard space. The staff report notes that the Residence's location
on the Property, in combination with the location of the garage, greatly reduces the usable
backyard space such that the front yard functions as part of the Property's usable outdoor space.
According to the staff report, the comer location of the Property further reduces the private yard
area. The staff report concludes the height and design of the proposed wall is consistent with the
size, scale, and "box -shape" of the Residence, while a standard three (3) foot wall would be
incongruous with its Italian Renaissance architectural style.
The Applicant echoed these sentiments at the hearing, explaining that given the Property's comer
location the wall would enable use of the front yard in a safe and private manner not otherwise
available. The Applicant's design consultant was also present at the hearing, and provided
evidence as to the design and stylistic features considered in the proposal. The consultant
testified that the wall height was necessary to maintain consistency with the scale of the
Residence, and that its design mirrors and complements notable features of the Residence.
D. Written Comments and Public Testimony
Significant oral and written public comments were received in this matter, the majority of which
were submitted by Floral Park residents. Most of these comments expressed opposition to the
Application, but several supported it.
Such opposition consisted of common themes, including concerns that the wall: will block views
of the Residence from the public right-of-way; detract from its historical significance; diminish
the beauty of the Floral Park neighborhood; create a "compound -like" look and feel; infringe
upon the "park -like," "friendly," and "community" feel of Floral Park; reduce visibility for
vehicles turning to and from Heliotrope Drive; be a target for graffiti; and cause a reduction in
property values for the neighborhood.
Most of these comments objected to the construction of any wall on the Property, and did not
specifically address the added two (2) feet in wall height sought by the Application. There was
an overriding concern that approving the Application would establish precedent for future
proposals, ultimately diminishing the aesthetics, historical significance, and feel of Floral Park.
Comments supporting the Application noted the uniqueness of the homes in Floral Park, which
lack any unifying design or development style, and that the neighborhood currently includes
several properties with fences, walls, and/or landscaping taller than three (3) feet. Supporters
expressed that the wall's design was historically sensitive, complementary to the architecture and
visual appeal of the Residence, and that a shorter wall would detract from the Residence's
styling. Commenters also noted that the Property is a corner lot and therefore is more exposed
than others in the neighborhood, and that new architectural features have been added to other
homes in the area over the years with success.
E. Issues Regarding Notice
The Zoning Administrator notes that several commenters expressed concern with the sufficiency
of the public hearing notice and the time of the hearing. As to the former, the staff report
describes the notice provided for the public hearing, and the Zoning Administrator concludes
such notice complied with — and in fact exceeded — Code requirements. Concerning the date and
time of the hearing, the hearing was held on a Wednesday at 10:30 a.m., consistent with the
regular meeting schedule for zoning administrator matters. Individuals unable to physically
attend the hearing were free to submit written comments, and many did so.
F. Mills Act Issues
Several commenters expressed concern that the proposal violated the Mills Act, and specifically
an apparent mandate in the City's Mills Act contract preventing improvements that "block the
view corridor" of historic properties from "the public right of way." Though the interpretation
and application of any such contractual restriction is beyond the scope of this proceeding, the
Zoning Administrator notes the proposed wall would not "block" views of the Residence from
the public right-of-way. At most, the proposal wall would restrict public views of certain
features of the Residence from certain vantage points.
G. Establishment of Precedent
Briefly responding to concerns that approving the Application would establish precedent for
future proposals, the Zoning Administrator notes that this proceeding, like any other involving
variances or minor exceptions, is limited to the special circumstances applicable to the Property.
The decision rendered in this matter therefore does not establish precedent for future applications
concerning different properties and proposals.
H. Required Findings for Granting the Application
Based upon the facts articulated above, and all other matters included in the administrative
record for this matter, the Zoning Administrator hereby finds that the mandatory findings set
forth in Code Section 41-367(a)(2) may be made for the following reasons:
1) 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.
The Property is comprised of two (2) parcels totaling 17,670 square feet. Nonetheless the usable
and protected (from both a safety and privacy perspective) backyard space is limited by the
Residence's location on the northwest portion of the Property, and the two (2) car garage and
driveway situated behind the Residence. These features similarly limit the side yard to the north
of the Residence, the only other area that is at least partially shielded from the public right -of
way.
The Property enjoys large front and side yards along Heliotrope Drive and Nineteenth Street, but
its corner location limits the utility of this area as a supplemental yard space. Testimony provided
at the hearing indicated that Nineteenth Street is heavily traveled, at least relative to other
roadways in Floral Park, and public walkways front the Property along Heliotrope Drive and
Nineteenth Street. These conditions create safety and privacy concerns that significantly detract
from the Applicant's ability to freely use and enjoy this front yard area.
The Residence is also unique. It is a two-story structure of notable height and scale, and
constructed in an architectural style characterized by symmetric and "box -like" dimensions,
boasting prominent arches, pillars, windows, and railings. Though conflicting options were
offered at the hearing, evidence indicates that the Property is slopped upwards towards the
Residence, resulting in the Residence sitting at a higher elevation than the public right-of-way
and surrounding residences. These features and architectural stylings of the Residence are
compatible with a front yard wall of greater height than would be appropriate for a standard
residence.
The stated purposes of the City's Zoning Code include: ensuring the most appropriate use of
land; conserving and stabilizing property values; providing adequate open spaces for light and
air; and promoting the health, safety, and general welfare of residents as part of the General Plan.
(Code § 41-1.)
The Application furthers these purposes by: facilitating the use and enjoyment of privately
owned residential property; creating open yard space; and fostering the improvement and
adaptive use of property in a manner that respects the heritage of a historically significant
structure.
The City has also adopted "Design Guidelines and Development Standards" ("Design Standards"
or "Standards") to "supplement" and provide guidance for administering the City of Santa Ana
Zoning Code. These Design Standards were referenced in the staff report and in comments /
testimony provided by the public.
Among the primary objectives of the Design Standards are: to update existing design guidelines
to reflect changes in local development trends and offer progressive design solutions; maximize
the freedom, creativity and innovation of architectural design in the City; protect City residents
from unsafe or unsightly conditions; and preserve and maximize the character and history of the
City.
The Application is consistent with these objectives by: implementing a progressive design
solution to current development trends that are reflective of societal desires for safe, secure, and
private outdoor spaces shielded from vehicular and pedestrian traffic, and protective of personal
privacy interests; providing a free, creative, and innovative architectural design for a new feature
to a historically significant property; providing a safe and secure outdoor space for occupants and
owners of the Property; protecting the public from unsightly conditions by implementing design
elements that are consistent with the architecture, styling, size, and scale of the Residence, while
preserving, complementing, and paying tribute to its historically significant features; and
preserving and maximizing the history of the City by contributing to the uniqueness and
character of homes in Floral Park.
The Design Standards specifically address additions to historical structures, beginning by
acknowledging that additions may be necessary or desirable to ensure continued use. The
Standards then outline various design considerations governing additions to historical buildings,
including: preserving significant historic and architectural features, details, and materials of
existing buildings; avoiding creation of a faux historical look; designs that clearly delineate the
historic from the new; and preserving and complimenting the overall character, scale proportion,
massing, and detailing of the original structure. On this last point, the Design Standards indicate
that each historical building has characteristic scale and mass unique to its particular style, and
such qualities should be recognized and incorporated into additions and expansions.
Again the Application is consistent with these regulations, as it proposes a desirable and
necessary addition to existing improvements in a manner that: preserves and does not physically
alter historic and architectural features of the Residence; preserves design elements, details and
materials utilized in the existing Residence in a historically sensitive and accurate manner; is
physically separated from the existing Residence thereby clearly delineating the old construction
from the new; and is of a height, scale, design, and material that complements the overall
character, scale, proportion, massing, and detailing of the Residence.
Perhaps most on point, however, is the Design Standard's discussion of fencing for historically
significant residential properties. The Standards note that fencing of appropriate material and
design may do much to contribute to the historical flavor of neighborhoods, and may "positively
affect the aesthetic quality of a neighborhood and increase property values." The relevant
sections include design considerations, characteristics, and principles, as well as photographs for
acceptable designs for varying architectural styles. It is of note that none of these photographs
provide samples of acceptable designs for two (2) story residences, or for residences constructed
in the Italian Renaissance Revival style
Such design considerations indicate that fencing: should be ornamental in nature and constructed
of material complimentary to the main structure on the property and compatible with the
neighborhood; should be designed to complement the architectural style and character of the
main dwelling and neighborhood; kept as low as possible while still performing their intended
decorative or screening functions; gates should be designed to match the fence pattern, design,
and materials; and may include wrought iron if compatible with the residence's architectural
style and reflective of historical patterns and features. Designs or features not recommended by
the Standards including front yard fences with an exaggerated design or a fortressing look; cinder
block, plain concrete block, or chain link front yard fences; front yard fencing designed for
fortressing purposes; or removal or radically changing important architectural features that
define the overall character of the fencing.
The Application is consistent with these guidelines, as the proposed wall: is ornamental in nature
and constructed of stucco with wrought iron gates which are compatible with Residence; is
compatible with the existing neighborhood which boasts residences, fencing, walls, and
vegetation of unique designs, colors, and styles, and of varying heights; is only as tall as
necessary to preserve its decorative and screening function, while simultaneously remaining
compatible with the architecture and scale of the Residence; and includes iron gates that mirror
iron features adoring the Residence. The design of the proposed wall is not exaggerated and does
not create a fortressing look given: the styling and scale of the Residence; entry gates providing
sight -lines to the Residence; and availability of unobstructed views over the wall, particularly
given the Residence's location on an elevated grade. at a grade above that of the public right-of-
way.
2) That the granting of a variance or minor exception is necessary for the preservation and
enjoyment of one (1) or more substantial property rights.
Approving the Application is necessary for the preservation and enjoyment of substantial
property rights, including but not limited to the right to: use and enjoyment of residential
property as a private residence; and use and enjoyment of private outdoor space that is safe,
secure, and protected from vehicular and pedestrian traffic and associated environmental issues.
Absent the application, the special circumstances applicable to the Property described
immediately above would infringe upon these rights.
3) That the granting of a variance or minor exception will not be materially detrimental to
the public welfare or injurious to surrounding property.
Approving the Application will not be materially detrimental to the public welfare or be injurious
to surrounding property. As detailed above the proposed wall is designed and styled to
compliment the Residence. Though views of certain architectural features of the Residence may
be restricted from certain public vantage points, the entire Residence will remain visible from
the public right-of-way either over the wall or through the front gate. Additionally because of the
size, height, and scale of the Residence, and its raised elevation when compared to surrounding
properties, any view restrictions will be limited to architectural features located along the base of
the Residence. The four (4) foot landscape buffer between the wall and the property line will
soften the edges of the fence and maintain the residential "feel" of the Property.
The "open" and "park -like" feel of the residential neighborhood will also not be negatively
impacted in a material manner; particularly because any such impacts would accompany a
standard three (3) foot wall that may be constructed by right. The proposed wall shares the
architectural design, massing, and scale of the Residence, while a shorter wall is more likely to
detract from and conflict with these historically significant features. The wall is consistent with
overall nature of the neighborhood, which includes unique homes with varying architectural and
design features, and which lacks any unified design characteristics.
Because the proposed wall includes appropriate materials and design features, it is likely to
positively affect the aesthetic quality of the neighborhood and increase property values; as noted
in the Design Standards.
4) That the granting of a variance or minor exception will not adversely affect the general
plan of the city.
Granting the Application will not adversely impact the general plan of the City. The Property is
located in a single-family residential zoning district, front yard fences / walls three (3) feet tall
are permitted by right in such district, and the additional two (2) feet in height proposed by the
Application is consistent with the various purposes, objectives, and standards articulated in the
General Plan, Zoning Code, and Design Standards outlined above.