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HomeMy WebLinkAboutME 2017-01_1904 N Heliotrope ResolutionRESOLUTION NO. 2017-02 OF THE ZONING ADMINISTRATOR OF THE CITY OF SANTA ANA APPROVING MINOR EXCEPTION NO. 2017-01 TO ALLOW A FIVE FOOT TALL FRONT YARD FENCE AT 1904 NORTH HELIOTROPE DRIVE 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. An application for a minor exception (Minor Exception No. 2017-01) has been filed with the City of Santa Ana ("City') seeking an allowance from the three (3) foot tall front yard fence standards set by Santa Ana Municipal Code Section 41-610(a)(1) (the "Application"). B. Approval of the Application for Minor Exception No. 2017-01 would allow a five (5) foot tall front yard wall (the "Application") on the property located at 1904 North Heliotrope Drive (the "Property"), which is improved by a large two-story residence known as the "Elliot House" that is listed on the City's Register of Historical Properties (the "Residence"). C. Santa Ana Municipal Code Section 41-632(a)(3)(i) declares that variances from zoning provisions pertaining to walls and fences are "minor exceptions," and pursuant to Sections 41-631 and 41- 638(a)(2), the Zoning Administrator may grant a minor exception upon making certain required findings. D. The Application came before the Zoning Administrator of the City of Santa Ana for a duly noticed public hearing on May 10, 2017, during which the Zoning Administrator heard and considered the Application, staff reports, presentations, oral and written testimony, and all other documents and evidence submitted in connection with this matter, with the foregoing cumulatively comprising the administrative record for this proceeding. E. At the conclusion of the hearing, the Zoning Administrator continued the matter to May 17, 2017, for purposes of rendering a decision. Section 2. Based upon and in full consideration of the administrative record, and based upon the "Findings of Fact" issued concurrently herewith and incorporated by this reference, the Zoning Administrator of the City of Santa Ana hereby finds, determines and declares as follows: 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. The Property is comprised of two (2) parcels totaling 17,670 square feet. Nonetheless the usable and protected (from both a safety and privacy perspective) backyard space is limited by the Residence's location on northwest portion of the Property, and the two (2) car garage and driveway situated behind the Residence. These features similarly limit the side yard to the north of the Residence, the only other area that is at least partially shielded from the public right -of way. The Property enjoys large front and side yards along Heliotrope Drive and Nineteenth Street, but its corner location limits the utility of this area as supplemental yard space. Nineteenth Street is heavily traveled, at least relative to other roadways in Floral Park, and public walkways front the Property along Heliotrope Drive and Nineteenth Street. These conditions create safety and privacy concerns that significantly limit the ability to use and enjoy this front yard area. The Residence is also unique. It is a two-story structure of notable height and scale, and constructed in an architectural style characterized by symmetric and "box -like" dimensions, boasting prominent arches, pillars, windows, and railings. Evidence indicates that the Property is slopped upwards towards the Residence, resulting in the Residence sitting at a higher elevation than the public right-of- way and surrounding residences. These features and architectural styling of the Residence are compatible with a front yard wall of greater height than would be appropriate for a standard residence. The Application furthers the purpose of the City's Zoning Code by: facilitating the use and enjoyment of privately owned residential property; creating open yard space; and fostering the improvement and adaptive use of property in a manner that respects the heritage of a historically significant structure. The Application is consistent with primary objectives of the City's Design Guidelines and Development Standards ("Design Standards" or "Standards") by: implementing a progressive design solution to current development trends that are reflective of societal desires for safe, secure, and private outdoor spaces shielded from vehicular and pedestrian traffic, and protective of personal privacy interests; providing a free, creative, and innovative architectural design for a new secure outdoor space for occupants and owners of the Property; protecting the public from unsightly conditions by implementing design elements that are consistent with the architecture, styling, size, and scale of the Residence, while preserving, complementing, and paying tribute to its historically significant features; and preserving and maximizing the history of the City by contributing to the uniqueness and character of homes in Floral Park. The Application is consistent with the Design Standards governing additions to historical structures by facilitating a desirable and necessary addition to existing improvements in a manner that: preserves and does not physically alter historic and architectural features of the Residence; preserves design elements, details and materials utilized in the existing Residence in a historically sensitive and accurate manner; is physically separated from the existing Residence thereby clearly delineating the old construction from the new; and is of a height, scale, design, and material that complements the overall character, scale, proportion, massing, and detailing of the Residence. The Application is consistent with the Standard's provisions governing fences and walls on historic properties, because the proposed wall: is ornamental in nature and constructed of stucco with wrought iron gates which are compatible with Residence; is compatible with the existing neighborhood which boasts residences, fencing, walls, and vegetation of unique designs, colors, and styles, and of varying heights; is only as tall as necessary to preserve its decorative and screening function, while simultaneously remaining compatible with the architecture and scale of the Residence; and includes iron gates that mirror iron features adoring the Residence. The design of the proposed wall is not exaggerated and does not create a fortressing look given: the styling and scale of the Residence; entry gates providing sight -lines to the Residence; and availability of unobstructed views over the wall, particularly given the Residence's location on an elevated grade. B. That the granting of a variance or minor exception is necessary for the preservation and enjoyment of one (1) or more substantial property rig hts. Approving the Application is necessary for the preservation and enjoyment of substantial property rights, including but not limited to the right to: use and enjoy residential of 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. t C. 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. 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. Because of the size, height, and scale of the Residence, and its raised elevation when compared to surrounding properties and the public right-of-way, any potential 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 wall, compliment the symmetry and "box -like" structure of the Residence, and maintain the residential "feel' of the Property. The 'open" 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 t be constructed on the Property 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 or 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. The proposed wall includes appropriate materials and design features, and therefore is likely to positively affect the aesthetic quality of the neighborhood and increase property values; as noted in the Design Standards. D. 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 i walls of three (3) feet in height are permitted by right in such district, and the proposed five (5) foot high wall is consistent with the various purposes, objectives, and standards articulated in the General Plan, Zoning Code, and Design Standards noted above. Section 3. Environmental Findings. A. In accordance with the California Environmental Quality Act ("CEQA"), the proposed project is exempt from further review pursuant to Section 15301 of the CEQA Guidelines as a minor alteration of existing private structures involving negligible or no expansion of use, including exterior alterations of existing facilities, and Section 15303 as a construction and location of a small facilities or structures, including appurtenant accessory structures such as fences. B. In support of the Categorical Exemption, and based upon the administrative record and the "Findings of Fact," the Zoning Administrator makes the following findings as referenced in Section 15300.2 of the CEQA Guidelines: 1. Cumulative Impact. Minor Exception No. 2017-01 is approved in light of special circumstances involving the Property and Residence, and therefore it can be seen with certainty that successive projects of the same type and in the same area will not occur, and will therefore not result in a cumulative impact to the community. 2. Significant Effect. There is no reasonable possibility that approving Minor Exception No. 2017-01 will have a significant environmental impact due to unusual circumstances. The Property does include the historic Residence, but there is no reasonable possibility Minor Exception No. 2017-01 will have a significant environmental impact because the proposed wall: will result in less of an environmental impact than a three (3) foot high wall that is permitted by right on the Property, as such shorter wall would be inconsistent with the size, scale, and styling of the Residence; implements design elements that are consistent with the architecture, styling, size, and scale of the Residence, while preserving, complementing, and paying tribute to its historically significant features; preserves and maximizes the history of the City by contributing to the uniqueness and character of homes in Floral Park; does not physically alter historic and architectural features of the Residence, and may be removed at some future date without any damage to the Residence; is ornamental in nature and constructed of stucco with wrought iron gates which are compatible with the Residence; is compatible with the existing neighborhood which boasts residences, fencing, walls, and landscaping of unique designs, colors, styles, and varying of p height and scale; is only as tall as necessary to preserve its decorative and screening function, while simultaneously remaining compatible with the architecture and scale of the Residence; and includes iron gates that mirror iron features adorning the Residence. 3. Scenic Highways. Approval of Minor Exception No. 2017-01 will not result in damage to scenic resources, including but not limited to, trees, historic buildings, rock outcroppings, or similar resources, within a highway officially designated as a state scenic highway. The Property is located within a residential neighborhood, and no scenic highways are located within the area. 4. Hazardous Waste Sites. The Property is not located on a site which is included on any list complied pursuant to Section 65962.5 of the Government Code. The Official Hazardous Waste and Substance Site "Cortese" List was consulted and the Property is not included on any known hazardous waste site, as such list is updated by the State Department of Toxic Substances and reflects all available information on hazardous sites. 5. Historical Resources. Approving Minor Exemption No. 2017-01 will not cause a substantial adverse change in the significance of a historical resource. The Property does include the historic Residence, but the proposed wall will not result in a substantial adverse change in its historical significance. The proposed wall: will result in less of an impact than a three (3) foot high wall that is permitted by right on the Property, as such shorter wall would be inconsistent with the size, scale, and styling of the Residence; implements design elements that are consistent with the architecture, styling, size, and scale of the Residence, while preserving, complementing, and paying tribute to its historically significant features; preserves and maximizes the history of the City by contributing to the uniqueness and character of homes in Floral Park; does not physically alter historic and architectural features of the Residence, and may be removed at some future date without any damage to the Residence; is ornamental in nature and constructed of stucco with wrought iron gates which are compatible with Residence; is compatible with the existing neighborhood which boasts residences, fencing, walls, and vegetation of unique designs, colors, and styles, and of varying height and scale; is only as tall as necessary to preserve its decorative and screening function, while simultaneously remaining compatible with the architecture and scale of the Residence; and includes iron gates that mirror iron features adorning the Residence. Section 4. The Zoning Administrator, after conducting the duly noticed public hearing and considering all evidence in the administrative record, hereby approves Minor Exception No. 2017-01 to allow for a five (5) foot tall front yard fence at the Property, and adopts a CEQA Categorical Exemption pursuant to Sections 15301 and 15303 of the CEQA Guidelines for Minor Exception No. 2017-01. Section 5. Pursuant to Code Section 41-638(b), the Zoning Administrator hereby imposes the following conditions of approval on Minor Exception No. 2017-01, and finds that such conditions are necessary and desirable to protect the public health, safety, and welfare in accordance with the purpose and intent of the Code: A. The wall shall be designed, constructed, and located in substantial compliance with the architectural rendering, design, and plan submitted by Applicant during the public hearing, with the final design, construction, location, and ongoing maintenance of the wall to be in strict compliance with the plans and specifications approved by the City. B. The exterior portion of the wall facing the public right-of-way shall be landscaped in accordance with a landscaping plan approved by the City, and such landscaping shall be kept and maintained at all times in accordance with said plan. Section 6. A copy of this decision and accompanying findings of fact shall be filed with the clerk of the City Council, with the City's planning department, and mailed to the applicant. This decision is final, unless appealed to the Planning Commission within ten (10) calendar days of the date hereof. ADOPTED this 17th day of May, 2017. Christopher G. Cardinale Zoning Administrator APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: r Lisa Storck Assistant City Attorney CERTIFICATION OF ATTESTATION AND ORIGINALITY I, SARAH BERNAL, Zoning Administrator Secretary, do hereby attest to and certify the attached Resolution No. 2017-01 to be the original resolution adopted by the Zoning Administrator of the City of Santa Ana on May 17, 2017. Date: 5 II i jI -�- Zoning Administrator Secretary City of Santa Ana 3 I MATTER: MINOR EXCEPTION 2017-01 APPLICANT: MICHAEL NESS PROPERTY: 1904 N. HELIOTROPE DRIVE, SANTA ANA, CA APPLICATION: MINOR EXCEPTION TO EXCEED FENCE HEIGHT STANDARDS FOR SINGLE FAMILY RESIDENCE LOCATED IN SINGLE-FAMILY RESIDENCE (R-1) ZONING DISTRICT HEARING DATE: MAY 10, 2017 DECISION DATE: MAY 17, 2017 This matter concerns an application for a variance from the Santa Ana Municipal Code's (the "Code") three (3) foot height limitation on front yard fences / walls in the R-1 (Single -Family Residence) Zoning District ("R-1 District") (Code § 41-610(a)(1)).) A waiver of this limitation is a "minor exception" which may be acted upon by the zoning administrator. (Code §§ 41-360, 41- 632(f), (i).) Having considered the staff report and presentations, public testimony and written comments, and all other documents and materials presented during the public hearing and in connection with this matter, and in accordance with Code Section 41-640, the Zoning Administrator hereby makes written findings of fact specifying all facts relied on in reaching the decision rendered simultaneously herewith. FINDINGS OF FACT A. The Property The Property is located in the "Floral Park" neighborhood, a well-known residential community in the City of Santa Ana ("City") characterized by custom residences built between the 1920's and 1950's. The homes, many of which are historically significant, vary significantly in size, scale, design, and architecture. The Property is a corner lot at the intersection of Heliotrope Drive and Nineteenth Street, and comprises two (2) parcels totaling 17,670 square feet. A large single- family residence known as the "Elliot House" (the "Residence") is located on the northwest portion of the Property, oriented towards Heliotrope Drive. B. The Residence Originally constructed in 1931, the Residence is listed as a "Landmark" on the City's "Register of Historical Properties." The "T" shaped structure is constructed in the Italian Renaissance (or Italian Renaissance Revival) style, includes 4,149 square feet, and consists of a larger, two-story rear (west) wing and a smaller, one-story front (east) wing. The Residence features symmetrical massing, emphasis of the lower story through greater height, stucco walls and a tile roof, the incorporation of arches, and classical detailing of columns and impost moldings. The predominate theme of the design is an arch used for openings on all three (3) sides of the one-story wing, for a recessed, three -bay, arcaded entry porch at the southwest corner of the two-story wing, for a second arcade at the northeast corner (towards Heliotrope Drive), and for lower story windows on the south elevation (towards Nineteenth Street). The windows are primarily paired, multi -paned casements and French doors. Iron -railed balconies are centered on the south elevation upper story and recessed above the northeast arcade. Columns provide support for the arcades and divide the balconies into bays, and a balconette is centered above the entry arcade. A classical balustrade defines a terrace that wraps both street elevations. Given its location on the Property, the Residence is setback significantly from both Heliotrope Drive (east) and Nineteenth Street (south), but proximately located to the Property's boundaries to the north and west. The prevailing setback along Heliotrope Drive is more than 50 feet, a similarly large but slightly narrower setback exists along Nineteenth Street, and there is a modest setback between the Residence and northern Property line. A detached two -car garage and driveway are located to the rear (west) of the Residence, with the garage's western wall essential resting along the Property's western boundary. A relatively small backyard (given the Property's size) is situated between the garage and Residence, extends north of the garage to the Property's northern boundary, and east to a line even with the rear (west) wall of the Residence. The location of the garage and driveway reduce the usable backyard area by an estimated 800 feet. Pedestrian walkways front the Property along Heliotrope Drive and Nineteenth Street, and a grass area separates the walkways from the bordering curbs and roadways. Mature palm trees are located in the front yard and along the public right-of-way. C. The Application The Applicant proposes to construct a five (5) foot high wall in the front and side yards of the Residence, located four (4) feet from the Property line along Heliotrope Drive and Nineteenth Street. The proposed wall will be solid stucco and colored to match the Residence. Decorative pilasters of a height even with the wall will be evenly spaced along its length, and a decorative wrought iron entry gate will face the intersection. A decorative double -door entrance gate will span the driveway, and slightly raised pilasters will be located on either side of the entry and garage gates. The public walkways fronting the Residence along Heliotrope Drive and Nineteenth Street would be preserved, as would the mature palm trees fronting the Residence. Landscaping is proposed along the entire exterior base of the wall, consisting of low-lying bushes and shrubs of varying varieties, textures, and colors. The staff report recommended approval of the Application, explaining the wall would facilitate privacy and increase the usable yard space. The staff report notes that the Residence's location on the Property, in combination with the location of the garage, greatly reduces the usable backyard space such that the front yard functions as part of the Property's usable outdoor space. According to the staff report, the comer location of the Property further reduces the private yard area. The staff report concludes the height and design of the proposed wall is consistent with the size, scale, and "box -shape" of the Residence, while a standard three (3) foot wall would be incongruous with its Italian Renaissance architectural style. The Applicant echoed these sentiments at the hearing, explaining that given the Property's comer location the wall would enable use of the front yard in a safe and private manner not otherwise available. The Applicant's design consultant was also present at the hearing, and provided evidence as to the design and stylistic features considered in the proposal. The consultant testified that the wall height was necessary to maintain consistency with the scale of the Residence, and that its design mirrors and complements notable features of the Residence. D. Written Comments and Public Testimony Significant oral and written public comments were received in this matter, the majority of which were submitted by Floral Park residents. Most of these comments expressed opposition to the Application, but several supported it. Such opposition consisted of common themes, including concerns that the wall: will block views of the Residence from the public right-of-way; detract from its historical significance; diminish the beauty of the Floral Park neighborhood; create a "compound -like" look and feel; infringe upon the "park -like," "friendly," and "community" feel of Floral Park; reduce visibility for vehicles turning to and from Heliotrope Drive; be a target for graffiti; and cause a reduction in property values for the neighborhood. Most of these comments objected to the construction of any wall on the Property, and did not specifically address the added two (2) feet in wall height sought by the Application. There was an overriding concern that approving the Application would establish precedent for future proposals, ultimately diminishing the aesthetics, historical significance, and feel of Floral Park. Comments supporting the Application noted the uniqueness of the homes in Floral Park, which lack any unifying design or development style, and that the neighborhood currently includes several properties with fences, walls, and/or landscaping taller than three (3) feet. Supporters expressed that the wall's design was historically sensitive, complementary to the architecture and visual appeal of the Residence, and that a shorter wall would detract from the Residence's styling. Commenters also noted that the Property is a corner lot and therefore is more exposed than others in the neighborhood, and that new architectural features have been added to other homes in the area over the years with success. E. Issues Regarding Notice The Zoning Administrator notes that several commenters expressed concern with the sufficiency of the public hearing notice and the time of the hearing. As to the former, the staff report describes the notice provided for the public hearing, and the Zoning Administrator concludes such notice complied with — and in fact exceeded — Code requirements. Concerning the date and time of the hearing, the hearing was held on a Wednesday at 10:30 a.m., consistent with the regular meeting schedule for zoning administrator matters. Individuals unable to physically attend the hearing were free to submit written comments, and many did so. F. Mills Act Issues Several commenters expressed concern that the proposal violated the Mills Act, and specifically an apparent mandate in the City's Mills Act contract preventing improvements that "block the view corridor" of historic properties from "the public right of way." Though the interpretation and application of any such contractual restriction is beyond the scope of this proceeding, the Zoning Administrator notes the proposed wall would not "block" views of the Residence from the public right-of-way. At most, the proposal wall would restrict public views of certain features of the Residence from certain vantage points. G. Establishment of Precedent Briefly responding to concerns that approving the Application would establish precedent for future proposals, the Zoning Administrator notes that this proceeding, like any other involving variances or minor exceptions, is limited to the special circumstances applicable to the Property. The decision rendered in this matter therefore does not establish precedent for future applications concerning different properties and proposals. H. Required Findings for Granting the Application Based upon the facts articulated above, and all other matters included in the administrative record for this matter, the Zoning Administrator hereby finds that the mandatory findings set forth in Code Section 41-367(a)(2) may be made for the following reasons: 1) 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. The Property is comprised of two (2) parcels totaling 17,670 square feet. Nonetheless the usable and protected (from both a safety and privacy perspective) backyard space is limited by the Residence's location on the northwest portion of the Property, and the two (2) car garage and driveway situated behind the Residence. These features similarly limit the side yard to the north of the Residence, the only other area that is at least partially shielded from the public right -of way. The Property enjoys large front and side yards along Heliotrope Drive and Nineteenth Street, but its corner location limits the utility of this area as a supplemental yard space. Testimony provided at the hearing indicated that Nineteenth Street is heavily traveled, at least relative to other roadways in Floral Park, and public walkways front the Property along Heliotrope Drive and Nineteenth Street. These conditions create safety and privacy concerns that significantly detract from the Applicant's ability to freely use and enjoy this front yard area. The Residence is also unique. It is a two-story structure of notable height and scale, and constructed in an architectural style characterized by symmetric and "box -like" dimensions, boasting prominent arches, pillars, windows, and railings. Though conflicting options were offered at the hearing, evidence indicates that the Property is slopped upwards towards the Residence, resulting in the Residence sitting at a higher elevation than the public right-of-way and surrounding residences. These features and architectural stylings of the Residence are compatible with a front yard wall of greater height than would be appropriate for a standard residence. The stated purposes of the City's Zoning Code include: ensuring the most appropriate use of land; conserving and stabilizing property values; providing adequate open spaces for light and air; and promoting the health, safety, and general welfare of residents as part of the General Plan. (Code § 41-1.) The Application furthers these purposes by: facilitating the use and enjoyment of privately owned residential property; creating open yard space; and fostering the improvement and adaptive use of property in a manner that respects the heritage of a historically significant structure. The City has also adopted "Design Guidelines and Development Standards" ("Design Standards" or "Standards") to "supplement" and provide guidance for administering the City of Santa Ana Zoning Code. These Design Standards were referenced in the staff report and in comments / testimony provided by the public. Among the primary objectives of the Design Standards are: to update existing design guidelines to reflect changes in local development trends and offer progressive design solutions; maximize the freedom, creativity and innovation of architectural design in the City; protect City residents from unsafe or unsightly conditions; and preserve and maximize the character and history of the City. The Application is consistent with these objectives by: implementing a progressive design solution to current development trends that are reflective of societal desires for safe, secure, and private outdoor spaces shielded from vehicular and pedestrian traffic, and protective of personal privacy interests; providing a free, creative, and innovative architectural design for a new feature to a historically significant property; providing a safe and secure outdoor space for occupants and owners of the Property; protecting the public from unsightly conditions by implementing design elements that are consistent with the architecture, styling, size, and scale of the Residence, while preserving, complementing, and paying tribute to its historically significant features; and preserving and maximizing the history of the City by contributing to the uniqueness and character of homes in Floral Park. The Design Standards specifically address additions to historical structures, beginning by acknowledging that additions may be necessary or desirable to ensure continued use. The Standards then outline various design considerations governing additions to historical buildings, including: preserving significant historic and architectural features, details, and materials of existing buildings; avoiding creation of a faux historical look; designs that clearly delineate the historic from the new; and preserving and complimenting the overall character, scale proportion, massing, and detailing of the original structure. On this last point, the Design Standards indicate that each historical building has characteristic scale and mass unique to its particular style, and such qualities should be recognized and incorporated into additions and expansions. Again the Application is consistent with these regulations, as it proposes a desirable and necessary addition to existing improvements in a manner that: preserves and does not physically alter historic and architectural features of the Residence; preserves design elements, details and materials utilized in the existing Residence in a historically sensitive and accurate manner; is physically separated from the existing Residence thereby clearly delineating the old construction from the new; and is of a height, scale, design, and material that complements the overall character, scale, proportion, massing, and detailing of the Residence. Perhaps most on point, however, is the Design Standard's discussion of fencing for historically significant residential properties. The Standards note that fencing of appropriate material and design may do much to contribute to the historical flavor of neighborhoods, and may "positively affect the aesthetic quality of a neighborhood and increase property values." The relevant sections include design considerations, characteristics, and principles, as well as photographs for acceptable designs for varying architectural styles. It is of note that none of these photographs provide samples of acceptable designs for two (2) story residences, or for residences constructed in the Italian Renaissance Revival style Such design considerations indicate that fencing: should be ornamental in nature and constructed of material complimentary to the main structure on the property and compatible with the neighborhood; should be designed to complement the architectural style and character of the main dwelling and neighborhood; kept as low as possible while still performing their intended decorative or screening functions; gates should be designed to match the fence pattern, design, and materials; and may include wrought iron if compatible with the residence's architectural style and reflective of historical patterns and features. Designs or features not recommended by the Standards including front yard fences with an exaggerated design or a fortressing look; cinder block, plain concrete block, or chain link front yard fences; front yard fencing designed for fortressing purposes; or removal or radically changing important architectural features that define the overall character of the fencing. The Application is consistent with these guidelines, as the proposed wall: is ornamental in nature and constructed of stucco with wrought iron gates which are compatible with Residence; is compatible with the existing neighborhood which boasts residences, fencing, walls, and vegetation of unique designs, colors, and styles, and of varying heights; is only as tall as necessary to preserve its decorative and screening function, while simultaneously remaining compatible with the architecture and scale of the Residence; and includes iron gates that mirror iron features adoring the Residence. The design of the proposed wall is not exaggerated and does not create a fortressing look given: the styling and scale of the Residence; entry gates providing sight -lines to the Residence; and availability of unobstructed views over the wall, particularly given the Residence's location on an elevated grade. at a grade above that of the public right-of- way. 2) That the granting of a variance or minor exception is necessary for the preservation and enjoyment of one (1) or more substantial property rights. 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.