4.3. BASR 09-28-1999 ITEM # 4.3.
MEMORANDUM
fifty of .v
F lk/ Planning Commission as the Board of
River TO: Adjustments
FROM: Michele McPherson, Director of Planning
DATE: September 22, 1999
SUBJECT: Case Number: V 99-11
Request by Sherburne County to Waive the
Screening Requirements; Jail Expansion
Request
Sherburne County requests approval of a variance to waive the 80% opacity screening
requirement as outlined in Section 900.30.3 (A):
3 . Screening
A. All nonresidential principal and accessory uses
including off-street parking, except business signs, which
• are situated within fifty (50) feet of a residential
district, shall be screened from such district by a wall,
fence and/or landscaping of not less than eighty percent
(80%) opacity.
Location
13880 Highway 10
Zoning/Land Use
BP (Business Park)/LI (Light Industrial)
Attachments
• Location Map
• Landscape Plan
• Fence Information
• August 16, 1999 Letter from Applicant
• June 7, 1999 Letter from Applicant
•
13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • TDD &Phone: (612)441-7420 • Fax: (612)441-7425
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.
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.
Memo to Board of AdjustmentsN 99-11
September 28, 1999
Page 4
• 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.
•
•
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KKE
• Korsunsky Krank Erickson
Architects,Inc.
300 First Avenue North
Minneapolis, MN 55401
612/339-4200
FAX 342-9267
August 16, 1999
Michele McPherson
City of Elk River
13065 Orono Parkway
PO Box 490
Elk River,MN 55330
Project: Sherburne County 180 Cell Jail Expansion
KKE No.95-07-1172-35
Dear Michele:
Sherburne County respectfully requests a variance from the screening portion of the landscape ordinance.
• Security of the County property is of the utmost concern for all involved. To this end,the landscape plan
has been designed to provide optimum viewing of all areas of the property. In order to provide security for
the County property as well as the surrounding neighborhood,the site lines established on the property
should extend beyond the property line. The installation of a 6'-0"high vinyl-coated chain link fence
around the southern perimeter of the site will protect the neighborhood from the attractive nuisance factor of
the facility as well as the drainage pond located in the southeast corner of the site. By not providing slats
through the fence,the County and surrounding property are easily monitored and controlled;thus
maximizing the security of the neighboring residential community.
We look forward to discussing this issue with the Board on September 28, 1999. Until then,if questions or
concerns arise,please give me a call. Thank you.
Sincerely,
Carey tivan Everson,Assoc.AIA
KKE Architects
Enclosure
Copy to: Sheriff Bruce Anderson-Sherburne County,Roger Thompson-A&P
•
Architecture
Planning
Interior Design
p 8 199$
KKE
Korsunsky Krank Erickson
Architects,Inc.
300 First Avenue North
Minneapolis, MN 55401
612/339-4200
FAX 342-9267
June 7, 1999
Scott Harlicker
City of Elk River
13065 Orono Parkway
PO Box 490
Elk River,MN 55330
Project: Sherburne County 180 Cell Jail Expansion
KKE No.95-07-1172-35
Dear Scott:
After further review of the landscape plan, Sheriff Bruce Anderson has expressed concern over the
County's ability to monitor and secure the perimeter of the jail.This concern arises from the trees currently
• indicated in the triangular portions of the site,between the jail and the loop road.Ideally,no above ground
vegetation would be located there,allowing for unobstructed observation of the jail facility.With these
concerns in mind,we respectfully request the following modifications to the site plan(see the enclosed site
plan).
The County will provide a 6'-0"high,black chain link fence beginning by the vehicle sallyport on the east,
following the perimeter of the site on the south and west,and terminating by the storage garage. The trees
located between the jail and the loop road on the east side of the site would be eliminated.Although during
our telephone conversation you had requested we meet the minimum tree requirement,we would prefer to
eliminate these 37 trees to increase the visibility around the site.The vegetation on the site makes security a
difficult task by providing places for people to hide and interfering with clear observation.
With security the main concern for all involved,we feel providing clear observation around the site would
take priority over providing a screen for the neighboring residents.The proposed fence would create a
physical separation from the surrounding neighborhood,helping to create a safe environment for all parties.
If you have questions regarding our request,please give me a call.Thank you.
Sincerely,
C €44 CX5Y-1
Carey Oilman Everson,Assoc.AIA
KKE Architects
• Enclosure
Copy to Sheriff Bruce Anderson-Sherburne County,Roger Thompson-A&P
Architecture
Planning
Interior Design