09-28-1999 BA MIN - Laserfiche WebLink

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Board of Adjustments Minutes September 28, 1999 Page 5 • Nicole Bahr, 18222 Ogden Street, stated she did not feel the city should not have allowed platting of residential property so close to the jail site. She stated that the jail expansion has had a very negative impact on her daycare business. Steve Stewart asked if landscaping or a berm could be placed around the perimeter of the site. Ms. Carey Oilman Everson of KKE Architects, explained that utility easements are located in that area. There being no further comments from the public, Chair Cote closed the public hearing. Commissioner Kuester asked what the opacity of the screening would be around the impound lot. Ms. McPherson estimated that it would be approximately 80%. Bruce Anderson, Sherburne County Sheriff, stated that when he met with the residents, they asked for a fence to provide separation of their property from the jail. As a result, the Sherburne County Board approved the expenditure of $25,000 for the fence. Commissioner Schuster felt the question before the Commission is which is more important—screening the jail from the residents, or their safety. Commissioner Chambers asked if the fence could be moved in closer to the jail and the plantings placed on the outside (residents' side) of the fence. Sheriff • Anderson indicated this option could be considered, as well as providing more trees and shrubs than was shown on the plan. Commissioner Kuester suggested that the County consider planting the trees on the residents' lots to screen the jail. Ms. McPherson stated this would be contrary to City policy, but could be done if all parties can come to some type of an agreement. Typically, the City requires screening to be planted on the "commercial" property, not the residential. Commissioner Thompson stated that she did not feel she could approve the variance without some solution to the safety concerns of the County and screening concerns of the neighbors. COMMISSIONER KUESTER MOVED DENIAL OF THE VARIANCE REQUEST BY SHERBURNE COUNTY TO WAIVE THE 80%SCREENING REQUIREMENT, PUBLIC HEARING CASE NO. V 99-11, BASED ON THE FINDING THAT THE FOLLOWING CRITERIA CANNOT BE MET: 1. LITERAL ENFORCEMENT OF THE ORDINANCE WILL CAUSE UNDUE HARDSHIP. 2. THE HARDSHIP IS CAUSED BY SPECIAL CONDITIONS AND CIRCUMSTANCES WHICH ARE PECULIAR TO THE PROPERTY AND THE STRUCTURE INVOLVED AND WHICH ARE NOT CHARACTERISTIC OF, OR APPLICABLE TO, OTHER LANDS OR STRUCTURE IN THE SAME AREA. •