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is absurd, since the wall will be incongruous with Property’s Architectural style, let alone the 5 foot wall which will completely block views of the historically significant balustrades surrounding the beautiful property. The applicant proposes a five-foot tall wall so that the line of site of the top of the wall matches the two-foot tall balustrade surrounding the terrace which surrounds the front facade when viewed from the right-of-way (Exhibit 7) The five foot tall wall will completely block the view of the historically significant balustrades surrounding the terrace as clearly illustrated in Exhibit 8 Proposed Wall Rendering provided in Zoning Administrators package (attached), and thereby meeting the requirements and objectives of Chapter 13 (Historic Structures) of the Citywide Design Guidelines and the policy of the Historic Resources Commission to maintain a view shed of the historic residence. The wall certainly does not meet and is contradictory to the requirements and objectives of Chapter 13 (Historic Structures) of the Citywide Design Guidelines and the policy of the Historic Resources Commission to maintain a view shed of the historic residence. This decorative fence provides a formal appearance complementing the appearance of the residence and would serve to accent the view of the historic property without blocking it because of the slope of the yard. With acceptation of the driveway side of their property the yard is flat (there is very little or no slope. The proposed wall will detract and certainly not complement the appearance of the residence. The material and design of the wall proposed will complement the existing style of architecture (smooth stucco texture) while offering the property owner private yard space. The five foot high stcucco wall will certainly detract from the Italian Renaissance design integrity of the house. Public Notification The project site is located within the boundaries of the Floral Park Neighborhood Association. Staff contacted the president of the Floral Park Neighborhood Association to ensure they were notified of this project and to identify any areas of concern. The president did not identify any concerns at this time. The project site itself was posted with a notice advertising this public hearing, a notice was published in the Orange County Reporter and mailed notices were sent to all property owners and tenants within 500 feet of the project site. At the time of this printing, 16 e-mails have been received by members of the public; three in support and 14 in opposition of the recommended action (Exhibit 8). CEQA Complaince In accordance with the California Environmental Quality Act, the proposed project is categorically exempt per §15303(e) as it is a proposed accessory structure on a residentially zoned property. Environmental Review No. 2017-20 will be filed for this project. Strategic Plan Alignment Approval of this item supports the City's efforts to meet Goal #5 (Community Health, Livability, Engagement & Sustainability), Objective #4 (support neighborhood vitality and livability). The five foot wall will certainly not and work in contrast to City's efforts to meet Goal #5 (Community Health, Livability, Engagement & Sustainability), Objective #4 (support neighborhood vitality and livability). The five foot wall if approved will result in the following: 1) Less safe neighborhood –· New blind traffic intersection will be created. · Unobstructed corridor views from 19th Street and Heliotrope Drive will be impeded.· Reduction of side yard set-back from 10 to 4 feet on North side of Property will obstruct views from adjacent driveway that could result in pedestrian injuries or even fatalities. Floral park residents that walk northbound on sidewalk will be at much greater risk to be hit from cars backing up on adjacent driveway located on the north side of the Property.· Reduction of front and side yard set-backs from 10 to 4 feet (and from 50 foot prevailing set-back in front yard) will obstruct corridor views for vehicles traveling on Heliotrope Drive and 19th Street creating a greater risk of vehicle accidents and/or potential vehicle/pedestrian accidents. 2) Community Livability and Enagement will be greatly reduced· Front yards on Heliotrope Drive create an open environment that is unique to Santa Ana creating value to the neighborhood and desirability for living in the Floral Park area, specifically on Heliotrope Drive. CONCLUSION Staff recommends approval of Minor Exception No. 2017-01 to allow a five-foot tall fence in the front and side yards to allow the applicant to enjoy his property right to usable private yard area Findings of Fact A. That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges not otherwise at variance with the intent and purpose of the provisions of this chapter. There are 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 variance with the intent and purpose of the provisions of the zoning code. The subject site is a corner lot with the house and garage located in the rear (northwest) of the lot on a street with large setbacks thereby significantly reducing the size of private backyard area. The Property has a beautiful private back yard with a pool and has not changed since the Owner recent purchase of the Property. The purpose and intent of the code requirement is to prevent a “fortress-like” appearance in residential areas; however, the size and scale of this historic Italian Renaissance style of residence is large thereby making a typical three-foot tall front yard fence appear miniscule in comparison. The five-foot tall fence would complement the size and scale of this of structure. This is not true! The wall will be incongruous with the Architectural style, let alone the 5 foot wall which will completely block views of the historically significant balustrades surrounding the beautiful property. Furthermore, The five foot tall wall will completely block the view of the historically significant balustrades surrounding the terrace as clearly illustrated in Exhibit 8 Proposed Wall Rendering provided in Zoning Administrators package (attached). B. That the granting of a minor exception is necessary for the preservation and enjoyment of one or more substantial property rights. The approval of this minor exception maintains the rights of the property owners to utilize their property as other residential property owners to have a private and secure usable yard area (Property has a private and secure usable yard area. Property has a beautiful private back yard with a pool and has not changed since the Owner recent purchase of the Property). Since the subject lot is a corner lot, the fence is required to be constructed ten feet in from the side yard property line which would not optimize the private and secure usable area. (The code provides for a 10 foot minimum set-back on the north Property line – reduction of this to 4 feet is impeding on adjacent owner’s property rights and creating a unsafe condition that is detrimental to public welfare (pedestrian traveling northbound on sidewalk for evening strolls which be much more susceptible to being struck from vehicle backing up from adjacent driveway located on north side of the Property. The fence is proposed to be built in four feet from the side lot line so as to maintain the pedestrian scale. Do not understand the preceding comment as solid wall will be detrimental to pedestrian scale. Owner’s preservation and enjoyment of Property has not changed. The Property has a beautiful private back yard with a pool and has not changed since the Owner recent purchase of the Property. C. That the granting of a minor exception will not be materially detrimental to the public welfare or injurious to surrounding property. 27