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.• <br />• required landscaped area. Additionally, Section 41-610(f) limits a solid <br />wall to 18 inches in height between pilasters and requires pilasters to be <br />spaced at eight-foot intervals. As constructed, the applicant's front yard <br />fence does not comply with code requirements because both the fence and <br />the solid wall exceed the maximum allowable height and the fence pilasters <br />do not comply with the minimum spacing required. <br />G. Santa Ana Municipal Code Section 41-638 authorizes the Planning <br />Commission to grant a minor exception upon making certain findings. The <br />Planning Commission determines that the findings necessary to grant the <br />minor exception have not been established: <br />1. That because of special circumstances applicable to the subject <br />property, including size, shape, topography, location, or surroundings, <br />the strict application of the zoning ordinance is found to deprive the <br />subject property of privileges not otherwise at variance with the intent <br />and purpose of the provisions of this chapter. <br />r: <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 subject property of privileges not <br />otherwise at variance with the intent and purpose of the <br />provisions of the zoning code. This is a standard residential <br />lot that can construct a front yard fence within code <br />requirements. <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 />The denial of Minor Exception No. 2006-11 will not significantly <br />impact the rights of the property owner to enjoy the use of the <br />property. The construction of a 52-inch high front yard fence, <br />in and of itself, will not guarantee any greater enjoyment than <br />that which is currently permitted by the 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 property. <br />The granting of Minor Exception No. 2006-11 may be <br />detrimental or injurious to the surrounding properties due to <br />inconsistencies with other permitted front yard fences in the <br />surrounding area. Although there are numerous front yard <br />fences within the surrounding neighborhood which exceed the <br />current standards, these were constructed prior to the <br />implementation of the front yard fence ordinance and are <br />considered legal non-conforming. Goal 2.7 of the Urban <br />Design Element states that projects must exhibit a functional, <br />Resolution No. 2007-018 <br />Page 2 of 5 <br />