4.3. BASR 09-28-1999 - Laserfiche WebLink

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Memo to Board of AdjustmentsN 99-11 September 28, 1999 Page 2 • Overview As a government building, the Sherburne County Courthouse and jail facility is a permitted use in the Business Park district. The expansion of the facility required only site plan review as it originally complied with the zoning requirements. After further review, the County determined that the landscaping proposed as part of the original site plan posed a security threat (refer to June 7, 1999 letter), specifically in the yard area of the site. The County has since revised its plans to include some trees in the yard area; selecting a species that has a more open canopy, but proposes to create a physical barrier through the use of a 6' high chain link fence. The revised plan meets the minimum requirements of the landscape ordinance. Analysis Staff refers the Board of Adjustments to Section 900.40 of the Zoning Code for the five standards to consider when reviewing a variance. A variance may be granted only if it meets the following five conditions: 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. 3. The literal application of the provisions of this ordinance would deprive the petitioner of rights enjoyed by other properties in the same district under the terms of this ordinance. 4. The special conditions and circumstances are not a consequence of the petitioner's own action or inaction. 5. The variance will not be injurious to or adversely affect the health, safety or welfare of the residents of the city or the neighborhood where the property is located and will be in keeping with spirit and intent of the ordinance. Literal Enforcement Literal enforcement of the landscape requirements would require the County to install screening that was 80% opaque year round. To accomplish this, evergreen trees or slats in the fence would be required. Eighty percent opacity creates an undue hardship in that it creates a potential security threat for both the subject and adjacent properties.