HomeMy WebLinkAbout04-05-1973 Board of Appeals and AdjustmentsMinutes of Maplewood Board of Appeals and Adjustments
7:30 P.M., Thursday, April 5, 1973
Council Chambers, Municipal Building
Meeting No. 73 -2
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 Haugan.
B. ROLL CALL
Harald
L.
Haugan, Chairman
Present
Lester
G.
Axdahl
Present
John C.
Greavu
Present
Donald
E.
Olmstead
Present
Donald
J.
Wiegert
Present
C. APPROVAL OF MINUTES
1. Minutes No. 72 -7 (December 7, 1972)
Councilman Greavu moved approval of Minutes of Meeting No. 72 -7 (December 7,
1972) as submitted.
Seconded by Councilman Wiegert. Ayes - all.
2. Minutes No. 73 -1 (January 25, 1973)
Councilman Wiegert moved approval of Minutes of Meeting No. 73 -1 (January 25,
1973) as submitted.
Seconded by Councilman Olmstead. Ayes - all.
D. PUBLIC HEARINGS
1. Lot Width and Area Variance - Between 1675 East Burke Avenue and 2137 Prosperity
Road (7:30 P.M.)
a. Chairman Haugan convened the meeting for a public hearing on a request of
Marvin H. Anderson Construction Company for a lot width and area variance from
the Village Zoning Code. The Clerk read the notice of hearing along with the
dates of publication.
b. Manager Miller stated the applicant requests a variance from the minimum
lot width (75 feet) and area (10,000 square feet) requirements. He wishes to
utilize the lot between 1675 E. Burke Avenue and 2137 Prosperity Road, which
is 40 feet in width and 5,162 square feet in area. It is felt by the staff
that due to the fact that separate ownerships are involved in the nonconforming
lot and surrounding properties, the applicant does have a right to develop the
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non - conforming lot. Therefore, it is recommended that the variance be granted.
It is suggested that the Council might wish to withhold its action for a given
period of time (45 days is. suggested) during which the surrounding properties
or abutting property (or properties) might wish to negotiate with the contract
purchaser and the County for the purchase of the lot.
c. Chairman Lyman Coombs presented the following Planning Commission recom-
mendation:
"Commissioner Singer moved that the Planning Commission recommend to the Board
of Appeals that the request for Marvin H. Anderson regarding a lot width and
lot area variance for Lot 21, Block 1 of Pflueger's Addition to Gladstone be
denied because of the requested lot being:
1. The requested lot is inconsistent with the normal lot size requirement.
2. The requested lot is inconsistent with the Municipal Zoning Code purpose.
3. The requested lot is so small that it is inconsistent and removed from
the normal Code lot sizing in that it presents mapy +extreme problems.
Commissioner Howard Seconded.
The motion carried 10 to 1 with Commissioner Mogren voting No."
d. Mr. Marlin Grant, President of Marvin H. Anderson Construction Co., spoke
on behalf of the proposal.
e. Chairman Haugan called for persons who wished to speak in opposition to the
proposal. The following were heard:
Anton Kolbeck, 1675 E. Burke Avenue.
Mary Finnegan, 1669 Burke Avenue.
Robert Brown, 1682 E. County Road B.
Lawrence Schendel, 2137 Prosperity Avenue.
Alfred 0. Clemen, 1662 E. Burke Avenue.
f. Chairman Haugan closed the public hearing portion.
g. Councilman Wiegert moved to reopen the public hearing for a ten minute
period.
Seconded by Councilman Greavu. Ayes - all.
h. Mr. Brown, 1682 County Road B, again spoke in opposition.
i. Chairman Haugan again closed the public hearing.
j. Councilman Wiegert moved to
the neighbors can contact the o
Seconded by Mayor Axdahl
this action for 45 d
a
Ayes - Mayor Axdahl, Councilmen Greavu,
Haugan and Wiegert.
Nays - Councilman Olmstead.
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Councilman Olmstead qualified his "Nay" vote by stating that we may have put
the developer in an untenable position in negotiation of the sale of the
property, since we brought up a potential denial in the future.
Motion carried.
2. Lot,Width Variance - Between 1379 and 1391 E. County Road C
a. Chairman Haugan convened the meeting for a public hearing on the request
of Mr. Keith Richie for a lot width variance from the Zoning Code. The Clerk
read the notice of hearing along with the dates of publication.
b. Manager Miller stated the applicant requests a variance from the minimum
lot width requirement (75 feet)-to allow a 66 foot wide plotted lot located
between 1379 and 1391 County Road C. Manager Miller presented the staff report.
c. Chairman Lyman Coombs presented the following Planning Commission report:
"Commissioner Mogren moved that the Planning Commission recommend to the Board
of Appeals that the variance request be approved for the following reasons:
1. The lot area is large and is well in excess of the minimum lot area re-
quirement of the Zoning Code;
2. Acquisition of land on either side of the lot in question is unavailable;
3. A revised site plan should be developed and approved by the staff which
is more acceptable.
Commissioner Singer seconded. Motion carried 9 to 2 with Commissioners Howard
and Prew voting no."
d. Chairman Haugan called for proponents to the proposal. The following were
heard:
.Mr. Keith Ritchie, the applicant, stated he can not purchase any additional
property on either side of this lot.
Philip Oswald, owner of 1391 E. County Road C.
Gary Hudoba, 1396 E. County Road C.
James Baller, 1379 E. County Road C.
e. Chairman Haugan called for opponents. None were heard.
f. Chairman Haugan closed the public hearing.
g. Councilman Olmstead moved to grant the lot width variance request of Mr.
Keith Ritchie for the lot legally described as Lot 18, Gardena Addition.
Seconded by Councilman Wiegert. Ayes - all.
E. ADJOURNMENT
8:28 P.M.
4d; i Clerk
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