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Resolution No. 2021-01 <br />Page 2 of 7 <br />subject property of privileges not otherwise at variance with the intent <br />and purpose of the provisions of this chapter. <br />There are special circumstances applicable to the subject property <br />where the strict application of the zoning ordinance is found to <br />deprive the subject property of privileges not otherwise at variance <br />with the intent and purpose of the provisions of the zoning code. The <br />site is approximately 2.9 acres and contains a building used as a <br />telecommunication switching facility, which has unique façade and <br />operational characteristics that are not typical of other commercial <br />uses along Bristol Street. The site is adjacent to railroad tracks and <br />no public access is provided to the facility. Since minimal daily traffic <br />occurs on the site, it is a target for nuisance activity such as <br />trespassing, graffiti, and litter. A four-foot high fence would not <br />preclude trespassing. The purpose and intent of the fence code <br />requirement is to prevent a “fortress-like” appearance along the street <br />frontage in commercial and industrial areas; however, the size and <br />scale of the proposed fence is compatible with the use and building <br />on site and would allow for visibility into the site. Additionally, site <br />improvements such as landscaping and rehabilitating the building <br />façade will enhance the visual appearance of the site’s frontage. <br />2. That the granting of a minor exception is necessary for the <br />preservation and enjoyment of one or more substantial property <br />rights. <br />Granting the minor exception is necessary for the preservation and <br />enjoyment of substantial property rights as approval of this minor <br />exception maintains the rights of the property owners to utilize their <br />property without vandalism and vagrancy. Therefore, a seven-foot <br />high fence at the property line is needed to provide adequate <br />security. Further, the view of the building will not be obstructed as it <br />has been designed to maintain visibility into the site as required by <br />the Police Department and Orange County Fire Authority. <br />3. That the granting of a minor exception will not be materially <br />detrimental to the public welfare or injurious to surrounding property. <br />The granting of this minor exception will not be detrimental to the <br />public or surrounding properties as the proposed front yard (wrought <br />iron) fence will be built to complement the existing building, and will <br />not be located on adjacent properties. In the past year, the subject <br />site has had 11 Code Enforcement cases related to transient <br />encampments, litter and graffiti. Granting the minor exception will <br />secure the site from nuisance activities and improve public welfare <br />and safety.