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RESOLUTION NO. 2004-38 KO - 09/30/04 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF SANTA ANA DENYING MINOR EXCEPTION NO. 2004-07 TO PERMIT A FENCE THAT EXCEEDS THE FRONT YARD FENCE HEIGHT REQUIREMENT FOR THE PROPERTY LOCATED AT 5026 WEST FIFTH STREET BE IT RESOLVED BY THE ZONING ADMINISTRATOR OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Zoning Administrator of the City of Santa Ana hereby finds, determines and declares as follows: A. Minor Exception No. 2004-07 came before the Zoning Administrator of the City of Santa Ana for a public hearing on September 29, 2004. B. The applicant is requesting approval of Minor Exception No. 2004-07 to construct block wall pilasters and wrought iron fencing for the property located at 5026 West Fifth Street. The fence pilasters exceed the allowed • maximum height of 36 inches, and the solid base exceeds the allowed 18 inches C. Santa Ana Municipal Code Section 41-638 authorizes the Zoning Administrator to grant a Minor Exception upon making certain findings which have not been meet. 1. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or the community? There are no special circumstances applicable to the subject property where the strict interpretation of the zoning ordinance is found to deprive the subject property of privileges not otherwise at a minor exception with the intent and purpose of the provisions of the zoning code. This is a standard residential lot that can construct pilasters within code requirements. 2. That the granting of a minor exception is necessary for the preservation and enjoyment of one or more substantial property rights. The denial of this minor exception should not significantly impact the rights of the property owners to enjoy the use of • their property. The construction of a 42-inch high fence with Resolution No. 2003-38 Page 1 of 3