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Home My WebLink About1998-08-26 Planning Report • ,,,, N NORTHWEST ASSOCIATED CONSULTANTS r I COMMUNITY PLANNING - DESIGN - MARKET RESEARCH , PLANNING REPORT /CZ � D Op y TO: Tom Melena FROM: Scott Richards DATE: 26 August 1998 RE: Oak Park Heights - City Request for a Fence Height Variance at City Hall FILE NO: 798.04 - 98.20 BACKGROUND Application. The City of Oak Park Heights has made application for a fence height variance so as to construct a screening fence for the new emergency generator located at the north side of the City Hall building. The variance is necessary in that the Zoning Ordinance specifies a maximum height of eight feet for all interior lot fences or walls. The proposed fence is 10 feet with nine foot doors, and is designed to totally screen the generator structure. The property is zoned 0, Open Space Conservation in which City Halls and their accessory structures are permitted uses. Attached for Reference. Exhibit A - Site Plan Exhibit B - Memo from Jay Johnson, Public Works Director ISSUES ANALYSIS Fence Design. The concrete pad for the emergency generator measures 12 feet by 24 feet and will be completely surrounded by the fence. The fence is to be constructed of wood with the lower eight feet as a solid wood screen and the two additional feet as lattice. Nine foot doors to access the generator are provided on the west side. In that the generator itself is approximately eight feet tall, the lattice will assure that when viewed from a distance, especially the trail north of City Hall, that the generator will be covered from view. 5775 WAYZATA BOULEVARD, SUITE 555 ST. LOUIS PARK, MINNESOTA 554 1 6 PHONE 6 1 2 - 5 9 5 - 9 6 3 6 FAX 6 1 2- 595 -9837 E -MAIL NAC@ WINTERNET.COM • • The screening structure is partially completed, except for the addition of the two foot lattice. Jay Johnson, Public Works Director, will have photos of the generator and enclosure for review at the 3 September 1998 Planning Commission meeting. Adjacent Uses. Uses adjacent to the subject site include the following: • North of Site: NSP easement and City trail. • South of Site: City Hall, parking lot and single family homes. • East of Site: City Hall property and single family homes. • West of Site: City Hall property and single family homes. Considering the location of the enclosure and the existing vegetation surrounding the rear of the City Hall property, the fenced area itself will hardly be visible from the trail and any single family homes. Variance. Variance criteria is provided in Section 401.04 of the Oak Park Heights Zoning Ordinance. The Planning Commission and City Council should review the following criteria and conditions to determine if the variance is justified: Review Criteria: a. Impair an adequate supply of light and air to adjacent property. b. Unreasonably increase the congestion in the public street. c. Have the effect of allowing any district uses prohibited therein, permit a lesser degree of flood protection than the flood protection elevation for the particular area, or permit standards which are lower than those required by State law. d. Increase the danger of fire or endanger the public safety. e. Unreasonably diminish or impair established property values within the neighborhood, or in any way be contrary to the intent of this Ordinance. f. Violate the intent and purpose of the Comprehensive Plan. g. Violate any of the terms or conditions of Item 5, below. Conditions for Approval: a. Undue hardship will result if the variance is denied due to the existence of special conditions and circumstances which are peculiar to the land, structure, or building 2 • • involved and which are not applicable to other lands, structures or buildings in the same district. 1) Special conditions may include exceptional topographic or water conditions or, in the case of an existing lot or parcel of record, narrowness, shallowness, insufficient area or shape of the property. 2) Undue hardship caused by the special conditions and circumstances may not be solely economic in nature, if a reasonable use of the property exists under the terms of this Title. 3) Special conditions and circumstances causing undue hardship shall not be a result of lot size or building location when the lot qualifies as a buildable parcel. b. Literal interpretation of the provisions of this Ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this Ordinance or deny the applicant the ability to put the property in question to a reasonable use. c. The special conditions and circumstances causing the undue hardship do not result from the actions of the applicant. d. Granting the variance requested will not confer on the applicant any special privilege that is denied by this Ordinance to other lands, structures or buildings in the same district under the same conditions. e. The request is not a result of non - conforming lands, structures or buildings in the same district. f. The request is not a use variance. g. The variance requested is the minimum variance necessary to accomplish the intended purpose of the applicant. h. The request does not create an inconvenience to neighboring properties and uses. Comment: In response to the criteria and conditions listed above, the primary hardship to this variance is that the structure to be screened is approximately eight feet in height and in order to provide adequate screening, the City is requesting a 10 foot fence. The City staff is attempting to set the example for private development interests by properly screening the generator from the adjacent trail and single family homes. To a certain 3 • • extent, the screening sections of the ordinance that require coverage of this type of mechanical equipment conflict with the fencing requirements that only allow a fence screen of eight feet in height. For these reasons, City planning staff recommends that the fence variance be approved. RECOMMENDATION AND CONCLUSION Our office, after reviewing the request and the criteria and conditions for variance approvals, recommends approval of the request for the fence height variance to allow a 10 foot fence and nine foot gate to the rear of the Oak Park Heights City Hall. The recommendation is made with one condition: 1. Any additional comments or conditions of the City Council, Planning Commission, or City staff. 4 ` _ -�... _. ■ �• T z � � - .- �� --- _., --" v �' ' � �- - r te � - - . - _ •— -- - 7 - - -- .. c -- - — __ Ill t. O en Ilio m 11 1 U • '--""*". a . -. _ . W P si i Pia . _______.. - _ �.I lb k n!Alw�. .—_ l'e rk t11 it a $E s c ,..,.i. - i „.� o Fay -- - *1 3111 - - --.7.-Z----"I• ,,,, x ., . ___ _ , ._______ , __ .._. A W. ;,. COMM 2 _ = 11 J gr ., II . 61 E I e ► j _� } ` - f A -- • 1 a '+..+ . • - .7... - _ :. _ ]7nQ 144 to t gKSaC _.. - p _ F- ._ • '. 4 _ s. . _... . _ _ .. _ - - J I. �_ __ _______ -„,. e ,,, r \,�- r fa -■ i 1 ; g ee - ... _____... ...• ________.a.-: ..m , ..„_,___,0,----- , ..„ 4 R e i P q te EXHIBIT A RUG -25 -1998 11:31 CITY OF OPH P.01/01 CITY • OAK PARK HEIGHTS • �', j `' 14168 N. 57th Street • Box 2007.Oak Park Heights, MN 55082 . Phone: (612) 439 -4439 • FAX 439 -0574 • To: Planning Commission From: Public Works Director Date: August 19, 1998 Subject: Emergency Generator Screening 1. The attached variance request is being submitted by the Public Works Department for the construction of a two foot lattice on top of an eight foot equipment screening fence and for nine foot high doors. The lattice and doors will provide additional screening for the emergency generator which has been installed behind City Hall. 2. Originally we had designed a 10 foot screening fence such that the generator would not be visible from the path behind City Hall. We discovered that screening fences are limited to eight foot. We then modified the design to be an eight foot fence with a two foot lattice to be added if the variance is approved. Unfortunately, the eight foot restriction was not discovered until after the contractor had constructed nine and one half foot high doors. The doors have been left on the generator enclosure. If the variance is denied they will be reconstructed to eight foot high. 3. Attached are some pictures of the generator enclosure. • • Tree - City U.S.A. EXHIBIT B