HomeMy WebLinkAbout1976 09-22 Setback ordinance gets first reading THE REVIEW „4„, 22, ,,7,
Set back ordinance
gets first reading
by Peggy Engholm particular variance and in his opinoin the "Valid reasons for variance are:That the
A first reading of an ordinance which motion was unfounded. public did something to create a problem
calls for a minimum of 10 feet side yard Chairman Bruton Murdock then said or that the original terrain is in-
setback for a swimming pool has been "We have a set of rules to begin with and correctable.” Wiegert then explained,"
approved by the Maplewood City Council then take into consideration the in- You don't vary because the person has
after there was some disagreement on the dividual's circumstances for variances." built himself into a box."
validity of the ordinace at the Sept. 16 He then justified the variance by listing It was then pointed out by Wiegert that
meeting. the citizen's restrictions. the ptannining commission had denied the
Mayor Robert Bruton expressed con- Motion was denied three to two with request for variance for that fundamental
cern for the citizens who accept the law Greavu and Murdock voting for and reason. "They think there is a valid
"at face value" and do not ask for Bruton,Anderson and Wiegert against. reason for the ordinance,"he explained,
variances. Norman Anderson then made a motion Bruton then asked for a report to
The issue arose when a citizen askedfor that there be a first reading of the or- establish the reason for the 10 feet set-
a variance of two feet from the required dinance with a considered change of eight back for swimming pools.He noted the
10.With property developed in a unique feet minimum instead of 10. Robert possibility of the danger if the cleaning
manner,the citizen could not locate the Bruton seconded the motion. wand for pools struck power lines.
planned pool in any other place without The suggested change would allow the Murdock had brought up the possiblity in
changes to existing structures or the citizen who had requested the variance earlier discussion.It was decided that if
planned size of the pool. his two feet. this were the reason for the set-back it
John Greavu made a motion that the Discussion on the reason for the 10 feet should be amended to exclude areas not
variance be approved.The motion was minimum found no answer to the question bordering power lines.
seconded by Burton Murdock. In and it was suggested that more facts be A motion was then made and approved
discussion of the motion Bruton took found. for the first reading of the ordinance for
exception with the motion.He mid it was Murdock said the council was"playing possible change.
becoming the precedent of the council to games"with the issue and penalizing the It was then moved and seconded that
grant every variance that comes before citizen requesting the variance by a delay the council reconsider the variance for
them. in changing the ordinance that would the citizen of Roselawn.
Bruton said,"This means one of two eventually give him his two feet(if ap- Bruton pointed out the justification that
things,either the ordinance is wrong or proved), the ordinance is under review with the
we are not enforcing the ordinance."He Bruton reminded the council that he Possibility of change that would favor the
urged the council to either change the still had sympathy for the citizens not citizen of Roselawn.
ordinance or enforce it. requesting variances. The motion was carried ayes all and the
Bruton said he felt sorry for the people Greavu then said,"Maybe they don't citizen got his variance of two feet.
who accept the law as law and then live by know that they have the right to come in."
the law without asking for variances. Murdock asked the council if it intended _ A
Councilman Don Wiegert asked why to change the ordinance every time
Murdock and Greavu were in favor of someone came in for a variance.
granting the variance by asking if they Wiegert said,"What I have said before
simply were being "good guys". He and will say again is that there has to be a
stated that he could see no reason for this reason for a variance," adding that