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Minor Exception No. 2005-05 June 13, 2005 Page 1 of 2 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 no special circumstances applicable to the subj ect property where the strict interpretation of the zoning ordinance is found to deprive the subj ect property of privileges not otherwise at variance with the intent and purpose of the provisions of the zoning code. This is a standard residential lot that can construct a wrought iron fence within code requirements. B. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The denial of this minor exception will not significantly impact the rights of the property owner to enj oy the use of the property. The construction of a 48-inch high wrought iron, in and of itself, will not guarantee any greater enj oyment than which is permitted by code. C. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The granting of a minor exception may be detrimental or injurious to the surrounding properties due to an appearance that is incompatible with the existing fences of the surrounding area. Goal 2.7 of the Urban Design Element states that projects must exhibit a functional, comfortable scale in relation to the neighborhood. Although the fence material is compatible with the existing residence, the proposed fence will detract from the character of the neighborhood. EXHIBIT 7 31A-11