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HomeMy WebLinkAbout02-03-1972 Board of Appeals and Adjustments MINUTES OF MAPLEWOOD BOARD OP ADJUSTMENTS AND APPEALS 8:30 P.M., Thursday, February 3, 1972 Council Chambers, Municipal Building Meeting No. 72-1 A. CALL TO ORDER A meeting of the Board of Adjustments and Appeals of Maplewood, Minnesota, was held in the Council Chambers of the Maplewood Municipal Building and was called to order at 8:30 P.M, by Chairman Haugan. B. ROLL CALL Harald L. Haugan Present Lester G. Axdahl Present John C. Greavu Present Patricia L. Olson Present Donald J. Wiegert Present. C, APPROVAL OF MINUTES Councilman Wiegert moved that the Minutes of Meeting No. 71-7 (December 16, 1971) be approved as submitted. Seconded by Councilman Greavu. Ayes - all. Councilwoman Olson nominated Harald Haugan as Chairman of the Board of Ad- justments and Appeals. Seconded by Mayor Axdahl. Ayes - all. D. PUBLIC HEARINGS 3. Variances (Board of Adjustments and Appeals) a. Parking Requirements - Zayre's Shoppers City (8:15 P.M.) 1. Chairman Haugan convened the meeting for a public hearing on the request of Zayre~s Shoppers City variance from minimum Zoning Code requirement regarding parking. The .Manager read the notice of hearing along with the dates of publication. 2. Manager Miller presented the following staff report: The Staff recommends denial of the variance request due to what is felt a critical parking need around this facility. The variance, if granted, would provide for a maximum variance of 162 spaces. If variances are to be granted the following guide lines are suggested: 1) The variance for the Christmas tree sale still be denied due to maximum building sales demand for off-street parking; 2) Tent and garden sales variances be restricted to times in- dicated on the applicants request and for the specific purposes indicated; 1 _ 2/3 3) The tent sales area be moved twenty feet south to the south property line to facilitate better traffic circulation and minimize the number of parking spaces affected; 4) The signing and circulation system be approved by the Vil= lage Engineer and Police Chief; 5) A11 signs advertising the outdoor facilities require Village permit and must be kept in good repair and moved within two days upon termination of the dates outlined by the applicant; 6) The east side of VanDyke Atreet be posted for no parking and that -other periphery areas be evaluated for possible no parking designations; 7) The applicant sign a statement agreeing to the conditions imposed by the Village Council. 3. Chairman Lyman Coombs read the following Planning Commission's motion: "Commissioner Barrett moved that the Commission advise the Board that the Commission has failed to reach a majority recommendation on this matter. Commissioner Stolzman seconded. Motion failed to carry a majority wyth the following vote: For: Coismbs, Stolzman, Barrett, Batman. Against: Singer; Mogren, Kishel, Howard." 4. Chairman Haugan called for proponents. Mr. Mel Roth, Zayre's Shoppers City, spoke on behalf of the Variance request, and stated he objects to a couple of the items in the conditions and asked for clarification of them. 5. Chairman Haugan asked for opponents. None were heard. 6. Chairman Haugan called for formal objections. None were heard. 7. Chairman Haugan closed the public hearing. S. Councilman Wiegert moved to grant the variance request based on feeling that our Ordinance on parking requirements does not fit this type of operation of Zayre's Shoppers City for the three' instances on permanent basis;. Christmas Tree Sales between December 1 and December 25, Garden Center between April 1 to July 15, in spaces indicated; and for a one week period a tent sale between July 1 and September 1, subject to the following conditions: 1. The tent sales area be moved twenty feet south of the south property line to facilitate better traffic circulation and minimize the number of parking spaces affected; 2. The signing and circulation system be approved by the Village Engineer and Police Chief; 3. All signs advertising the outdoor facilities require Village permit and must be kept in good repair and moved within two days upon termination of-the dates outlined by the applicant; 4. The applicant sign a statement agreeing to the conditions imposed by the Village Council, - 2 - 2/3 Seconded by Councilwoman Olson. Ayes - all, b, Setback Requirement - Southwest Corner of Edgerton Street and Skillman Avenue (8:30 P,M,) 1. Chairman Haugan convened the meeting for a public hearing on the request of the MJM Construction Company to vary from the minimum set back requirement to erect four above ground propane storage tanks surrounded by a six foot_woven board fence to be located 15 feet from the street property line. The Manager read the notice of hearing along with the dates of publication, 2, Manager Miller presented the following Staf£ report: "It is recommended that the variance be denied, and that the applicant be required to show alternates that can be provided for interruptible standby service to serve the site, The re- commendation of denial is based upon the fact that there is no hardship demonstrated, an alternate standby system is available, the area is developed to its maximum lot coverage, the visual amenities are adversely affected, there is an increased explosive hazard in a high density area, and a variance would constitute a special priviledge to this site which is currently denied all other multiple family residential areas in the neighborhood," Manager Miller stated he had received a letter from the MJM Construct- ion Company requesting this hearing be continued to a later date. The Staff recommends to proceed with the hearing. 3. Chairman Lyman Coombs read the following Planning Commission report: "Commissioner Howard moved that the Planning Commission recommend to the Board that the variance petition be denied for the reasons ad- vanced in the staff report, Commissioner Batman seconded, Motion carried - Ayes a11." 4, Chairman Haugan called for proponents. None were heard, There _ was no one present from the MSM Construction Company, 5, Chairman Haugan called for opponents, The following were heard: Mr, Robert Handschin, 2029 Edgerton Street, 6. Chairman Haugan called for Formal objections: The following were heard: Mr. Robert Handschin, 2029 Edgerton Street 7. Chairman Haugan closed the Public Hearing. 8, Councilwoman Olson moved to deny the variance request of MSM Construction Company based on the Staff. and Planning Commission reports. Seconded by Councilman Greavu. Ayes - a11. - 3 - 2/3 E. AD,TOURNMENT 9:19 P.M. City Clerk i - 4 - 2/3