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<br />There are no special circumstances applicable to the subject <br />property where the strict interpretation of the zoning <br />ordinance is found to deprive the subject property of <br />privileges not otherwise at variance with the intent and <br />purpose of the provisions of the zoning code. This is a <br />standard residential lot that can construct a wrought iron <br />fence within code requirements. <br /> <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 /> <br />The denial of this minor exception will not significantly impact <br />the rights of the property owner to enjoy the use of the <br />property. The construction of a 48-inch high wrought iron, in <br />and of itself, will not guarantee any greater enjoyment than <br />which is permitted by code. <br /> <br />3. That the granting of a minor exception will not be materially <br />detrimental to the public welfare or injurious to surrounding <br />property. <br /> <br />The granting of a minor exception may be detrimental or <br />injurious to the surrounding properties due to an appearance <br />that is incompatible with the existing fences of the <br />surrounding area. Goal 2.7 of the Urban Design Element <br />states that projects must exhibit a functional, comfortable <br />scale in relation to the neighborhood. Although the fence <br />material is compatible with the existing residence, the <br />proposed fence will detract from the character of the <br />neighborhood. <br /> <br />4. That the granting of a minor exception will not adversely affect the <br />General Plan of the City. <br /> <br />The requested minor exception will adversely affect the <br />General Plan, as it has a negative impact on the goals and <br />policies expressed in that document. Goal 3.5 of the Urban <br />Design Element Policy Plan is to encourage residential <br />alterations that are consistent with the adjacent uses and <br />responsive to the street classification of the neighborhood. <br />A 48-inch high wrought iron fence is inconsistent with the <br />non-arterial street classification and no special <br />circumstances exist to allow relief from the code for an <br />increase in fence height. A similar fence could be <br />constructed with the required 36-inch height and still <br />incorporate the proposed style of the fence. <br /> <br />31A-14 <br /> <br />Resolution No. 2005-15 <br />Page 2 of 3 <br />