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Home My WebLink About1978 05-18 Board of Appeals and Adjustments PacketAGENDA MAPLEWOOD BOARD OF APPEALS AND ADJUSTMENTS 7:30 P.M., Thursday, May 18, 1978 Municipal Administration Building Meeting 78 -5 A. CALL TO ORDER B. ROLL CALL C. APPROVAL OF MINUTES 1. Minutes No. 78 -4 (May 4, 1978) D. PUBLIC HEARINGS 1. Variance Building— Unmaintained Street— West of 2034 English Street -7:30 P.M. E. ADJOURNMENT MINUTES OF MAPLEWOOD BOARD OF APPEALS D ADJUSTMENTS 7:30 P.M., Thursday, May 4, 1978 Council Chambers, Municipal Building Meeting No. 78 -4 A. CALL TO ORDER A meeting of the Board of Appeals and Adjustments of Maplewood, Minnesota, was held in the Council Chambers, Municipal Building and was called to order at 7:37 P.M. by Chairman Anderson. B. ROLL CALL Norman G. Anderson, Chairman Present Roger F. Fontaine Present John C. Greavu Present Earl L. Nelson Present Donald J. Wiegert Present C. APPROVAL OF MINUTES Minutes No. 78 -3 (April 20, 1978) Councilman Wiegert moved to approve the Minutes of Meeting No. 78 -3 (April 20, 1978 as submitted. Seconded by Chairman Anderson. Ayes - all. D. PUBLIC HEARINGS 1. Sign Variance - Keller Golf Course - 7:30 P.M. a. Chairman Anderson convened the meeting for a public hearing regarding a request from Russell Miller, Keller Club House, for a variance from the Sign Ordinance to locate a billboard sign in a residential zoned district. The Clerk read the notice of hearing along with the dates of publication. b. Manager Miller presented the staff report and recommended approval of the sign variance for the proposed off - premise sign and message board subject to the follow- ing conditions: 1. The applicant shall apply for the annual renewal of the sign permit by June 30 of each year and not more than 60 days prior; 2. Owner and applicant agree to the above condition in writing. c. Board, Member Huot presented the following Community Design Review Board recom- mendation: "Board Member Simkins moved the Community Design Review Board recommend to the Board of Appeals and Adjustments approval of the requested variance from the sign ordinance subject to the following conditions: 1. The applicant shall apply for annual renewal of the sign permit by June 30 of each year and not more than 60 days prior; 1 - 5/4 2. The location of the sign to be approved by the County of Ramsey, State of Minnesota and City of Maplewood; 3. The reader board as indicated on the submittal is not approved; 4. The base of the sign to be constructed of a steel column; 5. Owner and applicant agree to the above conditions in writing. Chairman Sjolander seconded. Ayes - all." d. Chairman Anderson asked if the applicant was in attendance. Mr. Miller was not in attendance. e. Chairman Anderson called for proponents. None were heard. f. Chairman Anderson called for opponents. None were heard. g. Chairman Anderson closed the public hearing. h. Councilman Wieaert moved to anorove the variance from the Sian Ordinance as zone suoJect to the rotlowing conditions 1. The applicant shall apply for annual renewal of the sign 'permit by June 30 of each year and not more than.60 days prior; 2. The location of the sign to be approved by the County of Ramsey, State of Minnesota, and City of Maplewood; 3. The reader board as indicated on the submittal is not approved; 4. The base of the sign to be constructed of a steel column; 5. Removal of the two existing non- conforming signs; 6. Owner and applicant agree to the above conditions in writing. Seconded by Councilman Nelson. Ayes - all. E. ADJOURNMENT 7:50 P.M. City - 2 - 5/4 , MEMORANDUM TO: FROM: SUBJECT: LOCATION: APPLICANT: DATE: Request Board of Adjustment and Appeals City Manager Variance East of English Street and North of the Soo Line Tracks James M. Sobota May 11, 1978 The applicant is requesting approval of a variance to construct a 50 by 96 foot equipment storage building for his landscaping business, without fronting on a paved street. Proposal 1. The existing parcel is irregular in shape and includes three platted lots and part of a vacated street. 2. The total area of the project site is 16,200 square feet. 3. The applicant has submitted the enclosed site plan. 4. The parcel is undeveloped. 5. The only access to the property is over an undeveloped right -of -way for Skillman Avenue. 6. The applicant is proposing to construct a 20 foot wide by 260 foot long driveway over this right -of -way from English Street to the proposed building. Surrounding Properties 1. Northerly: An undeveloped 60 foot right -of -way for Skillman Avenue. The properties north of Skillman are relatively deep lots, with single - dwelling homes fronting on English Street. 2. Easterly: The Burlington Northern tracks 3. Southerly: The lots (see enclosed map). on English Street. 4. Westerly: A 60 foot English Street and tl is an undeveloped 60 to the south are owned by the owner of Lots 4 through 7 There is a single dwelling home on these lots fronting parcel with a single dwelling home on the corner of ie Skillman Avenue right -of -way. South of this parcel foot parcel. Engineering Considerations 1. All utilities are available in the Skillman Avenue right -of -way. 2. The City has no immediate or future plans to construct Skillman Avenue between English Street and the railroad tracks. Public Safety Considerations A paved, well maintained, and snow plowed access road is essential for emergency vehicle access. Planning Considerations 1. The property is planned for Rm, Medium Density Residential use. 2. The property is zoned BC, Business Commercial. A landscaping business is a permitted use in this district. 3. Section 501.020 of the City Code states that, "No building permits will be issued for any construction within the Village unless the building site is located adjacent to an existing street which is dedicated and maintained as a Village street, or unless provision for street construction has been made in full compliance with this code and in no case until grading work as provided herein has been completed and certified to the Clerk by the Village Engineer; except that in isolated instances the Council may enter an agree- ment with a property owner for special handling of an unusual situation which agreement shall be recorded so as to run with the land affected." 4. Section 462.357, subdivision 6 (2) of the Minnesota State Statutes states that the Board of Adjustments and Appeals has the following powers: "To hear requests for variances from the literal provisions of the ordinance in instances where their strict enforcement would cause undue hardship because of circumstances unique to the individual property under consideration, and to grant such variances only when it is demonstrated that such actions will be in keeping with the spirit and intent of the ordinance ". Analysis Our attorney has informed us that since this driveway is being constructed on a public right -of -way, the City will own and be responsible for the driveway. This means that we are legal.ly liable for the maintenance.. As an example, if a customer at the applicant's business were to become ill and call an ambulance, we could be liable if an ambulance could not get to the business because of lack of maintenance or snowplowing. If a child on a bike was injured after hitting a chuck hole, we could be liable. It is, therefore, important that.the driveway design be approved by the City Engineer and that an agreement be recorded that runs with the land guaranteeing maintenance of the driveway. The applicant is proposing only a 20 foot wide drive.. The Council has required a minimum of 25 feet in width in the past. Since this driveway is going to be a public access drive, 25 feet should be the minimum required width. 2 a This case also points out the importance of bringing the City's zoning map into conformance with the Land Use Plan. The property is planned for medium density residential use. Since the property is zoned 6C,.¢usiness Commercial, the pro- posed landscaping business is a permitted use. If the zoning map is not up- dated, these areas will continue to develop in conflict with the City's Plan. Recommendation Approval of the variance, subject to the following conditions: 1. The driveway design shall be 2. The app -la_ can- t-- sha- l- l- sign - -an -- agreement__to maintain the driveto City__ standards n eluding snow plowing. This agreement shall be recorded to run with the __ property:_ _ _ 3 'MR-IT, M.. ANCE EAST OF ENGLISH STREET NORTH OF SOO LINE TRACKS 5 -11 -78 DATE SCALE EPc VT d._ e M.. ANCE EAST OF ENGLISH STREET NORTH OF SOO LINE TRACKS 5 -11 -78 DATE SCALE EPc VT Y 1 `. fill grin i I � o 10 [,`n � � 7 � G I ., I�q � � - � , �• .� I •n i I - I I i V , I^ 1 Ir_ � n 1 ` 'i ;.� ?c < `J • r 11i Y I �.- �. - 1 —' °- RYAN i o o DI ST. r G Z ?. I ti Z W It Z W Li 7 a u! r I G r IJ - 1 r/ 1 J r I•'i ,_ — ,L Q a t.1 i � I. t'. . I { E 1 \ I 1 ��. I �.� jyn .y .v ...tM M .♦ � L tj III ' AMES MoS080TR EAST OF ENGLISH STREET, 5 -11 -78 ETITtONER NORTH. 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