4.3. BASR 09-28-1999 - Laserfiche WebLink

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Memo to Board of AdjustmentsN 99-11 September 28, 1999 Page 3 • Special Circumstances The use of the property is unique in that it is a jail re uiring a high amount of security. This creates a special circumstance that is unlikely t be recreated elsewhere in the City. If the use were to change, it would be appropri to to require additional screening. Deprivation of Rights Requiring the screening would increase threats to s curity. Other properties in the same district are afforded site designs that allow for uildings to be monitored for security threats. The ordinance requirement, if enfo ed would create unsafe conditions on the property. Petitioner's Action or Inaction The request is due to the use of the property, as opposed to the petitioner's action or inaction. The jail function requires special security considerations, although it could be stated that the petitioner could have designed the jail in an alternate location to avoid the adjacent residential district. Placing the jail in the center of the property could have allowed parking to be adjacent to the residential district, thereby allowing construction of an 80% opaque screen. However, in exchange for a reduction of screening, the • residential neighborhood will be adjacent to green space as opposed to a parking lot. Adverse Impacts The variance is being requested to reduce or eliminate adverse impacts on surrounding residential properties. By reducing the required amount of screening, the ability to monitor the yard area of the jail will be increased. This will allow the quick removal of unwelcome visitors to the yard area. In addition, the yard area itself will be green space and there is no use of the area for storage or parking of vehicles as may be experienced with a typical industrial use. Recommendation Staff recommends that the Board of Adjustments approve this request to waive the 80% screening requirement as the applicant meets the following five conditions for granting a variance: 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.