ME 2017-01_1904 N Heliotrope Resolution

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Approving the Application is necessary for the preservation and enjoyment of substantial property rights, including but not limited to the right to: use and enjoyment of residential property as a private residence; and use and enjoyment of private outdoor space that is safe, secure, and protected from vehicular and pedestrian traffic and associated environmental issues. Absent the application, the special circumstances applicable to the Property described immediately above would infringe upon these rights. 3) That the granting of a variance or minor exception will not be materially detrimental to the public welfare or injurious to surrounding property. Approving the Application will not be materially detrimental to the public welfare or be injurious to surrounding property. As detailed above the proposed wall is designed and styled to compliment the Residence. Though views of certain architectural features of the Residence may be restricted from certain public vantage points, the entire Residence will remain visible from the public right-of-way either over the wall or through the front gate. Additionally because of the size, height, and scale of the Residence, and its raised elevation when compared to surrounding properties, any view restrictions will be limited to architectural features located along the base of the Residence. The four (4) foot landscape buffer between the wall and the property line will soften the edges of the fence and maintain the residential "feel" of the Property. The "open" and "park -like" feel of the residential neighborhood will also not be negatively impacted in a material manner; particularly because any such impacts would accompany a standard three (3) foot wall that may be constructed by right. The proposed wall shares the architectural design, massing, and scale of the Residence, while a shorter wall is more likely to detract from and conflict with these historically significant features. The wall is consistent with overall nature of the neighborhood, which includes unique homes with varying architectural and design features, and which lacks any unified design characteristics. Because the proposed wall includes appropriate materials and design features, it is likely to positively affect the aesthetic quality of the neighborhood and increase property values; as noted in the Design Standards. 4) That the granting of a variance or minor exception will not adversely affect the general plan of the city. Granting the Application will not adversely impact the general plan of the City. The Property is located in a single-family residential zoning district, front yard fences / walls three (3) feet tall are permitted by right in such district, and the additional two (2) feet in height proposed by the Application is consistent with the various purposes, objectives, and standards articulated in the General Plan, Zoning Code, and Design Standards outlined above.