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<br />Minor Exception No. 2005-06 <br />August 22, 2005 <br />Page 1 of 2 <br /> <br />Findings of Fact <br /> <br />A. That because of special circumstances applicable to the subject <br />property, including size, shape, topography, location, or <br />surroundings, the strict application of the zoning ordinance is found <br />to deprive the subject property of privileges not otherwise at <br />variance with the intent and purpose of the provisions of this <br />chapter. <br /> <br />There are no special circumstances applicable to the subject <br />property where the strict interpretation of the zoning ordinance <br />is found to deprive the subj ect property of privileges not <br />otherwise at variance with the intent and purpose of the <br />provisions of the zoning code. This is a typical lot with no <br />unique site features that warrant a fence above code <br />requirements. <br /> <br />B. That the granting of a variance is necessary for the preservation and <br />enjoyment of one or more substantial property rights. <br /> <br />The denial of this minor exception should not impact the rights <br />of the property owners to enj oy use of their property. The <br />construction of a six-foot tall fence will not guarantee any <br />greater enjoyment than which is permitted by code. <br />Additionally, the lot measures approximately 15,000 square feet <br />and is two and one-half times the size of a typical lot size in <br />Santa Ana. The existing private open space located in the rear <br />yard would allow for substantial private open space and not <br />necessitate the need to enclose the front yard for private open <br />space purposes. <br /> <br />C. That the granting of a variance will not be materially detrimental to <br />the public welfare or injurious to surrounding property. <br /> <br />The granting of a minor exception will be detrimental to the <br />surrounding properties due to the fortress type fence appearance <br />that is aesthetically incompatible with the immediately adjacent <br />surrounding properties. The existing large prevailing front <br />yard setback provides enhances the visual character of the <br />neighborhood. A six-foot tall fence will be a visual and <br />physical obstruction within the existing prevailing setback <br />pattern of the neighborhood. <br /> <br />fl~95 <br />