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Minor Exception No. 2005-05 June 13, 2205 Page 2 Project Description The project involves the unpermitted construction of a 48-inch high wrought iron fence within the front yard setback. The wrought iron fence construction includes four-inch spacing between the bars with circular design features incorporated into the top of the fence (Exhibit 3). The fence extends 77 feet along the north side property line, continues approximately 47 feet along the front property line, and 25 feet along the south property line, enclosing the front yard (Exhibit 4). Analysis of the Issues Section 41-610 of the Santa Ana Municipal Code requires a permit for the construction or repair of any front yard wall or fence. The issue pertaining to this proposal was the unpermitted construction of a 48-inch high wrought iron fence in the front yard setback. On February 2, 2005, the property was cited for the construction of the fence without the benefit of a permit (Exhibit 5). The request for application RF-2005-15- RF was denied by the Planning Division on February 15, 2005 (Exhibit 6). Section 41-610 (a) (2) limits the maximum height to 36 inches. The constructed fence exceeded the 36 - inch maximum height for front yard fences on non-arterial streets. These restrictions were implemented based on concerns related to community aesthetics and access for emergency personnel. At the May 4, 2005 Zoning Administrator hearing, the applicant requested approval of the minor exception to legalize the fence at the present height of 48 inches. The Zoning Administrator considered a height relief of 42 inches similar to other considerations granted through preVlOUS minor exceptions i however, the appl icant indicated that she wanted the fence at the current height. Pursuant to SAMC 41-461, the Zoning Administrator may continue the hearing to a scheduled meeting of the Planning Commission if the request for a minor exception is of magnitude as to be of special interest to the people of the City of Santa Ana and the Planning Commission. Although the code specifically limits maximum fence height, the minor exception process provides an opportunity for relief from this requirement based on demonstration of hardship. In this case, no special circumstances exist to allow relief from the code for an increase in fence height. In an attempt to reduce the new construction of fences that are intrusive and detract from the character of the neighborhood, it is recommended that the strict application of the code be applied in this instance. Therefore, it is recommended that the Planning Commission deny Minor Exception No. 2005-05 (Exhibit 7). 31A-3