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HomeMy WebLinkAbout07-19-1973 Board of Appeals and AdjustmentsMINUTES OF MAPLEWOOD BOARD OF APPEALS AND ADJUSTMENTS 7:30 P.M., Thursday, July 19, 1973 Council Chambers, Municipal Building Meeting No. 73 - 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 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 None. D. PUBLIC HEARINGS 1. Board of Appeals and Adjustment (Setback Variance) - 634 Price Avenue (7:30 P.M.) a. Chairman Haugan convened the meeting for a public hearing on the request of George Schmit, 634 Price Avenue to construct a garage setback two feet from the alley right -of -way as opposed to a required setback of four feet as required by Section 904.060 of the Municipal Code. The Clerk read the notice of hearing along with the dates of publication. b. Manager Miller presented the staff report with the recommendation that the request for a variance be denied. c. Chairman Lyman Coombs presented the following Planning Commission recommend- ation: "Commissioner Barrett moved that in light of the additional information coming from the hearing of the Board of Appeals, the Planning Commission would recom- mend denial of the variance. Commissioner Bruton seconded. Motion carried - Ayes all except Commissioner Fischer voted no." d. Chairman Haugan called for proponents. The following were heard: Mr. George Schmit spoke in behalf of his request. He presented letters from Northwestern Bell Telephone Co. and Northern States Power Co. in re- gards to moving of guide wires and anchors. - 1 - 7/19 Lloyd Carey, 633 E. Larpenteur Doris Schmit, 634 Price Avenue Bert Benson, 638 Price Avenue e. Chairman Haugan asked if anyone wished to speak in opposition to the proposal. The following were heard: Mrs. Carl Klauser, 629 E. Larpenteur, spoke against the proposal. f. Chairman Haugan closed the public hearing portion. g. Councilman Wiegert moved to deny the request of Mr. George Schmit for a variance on the basis that there is an alternative solution to constructing the garage that would not require a variance. Seconded by Councilman Olmstead. Ayes - all. Chairman Haugan recessed the meeting at 8:08 P.M. Chairman Haugan reconvened the meeting at 8:25 P.M. 3. Sign Setback Variance - 1055 E. Highway 36 a. Chairman Haugan convened the meeting for a public hearing on the request of Richard Diebel to erect a free standing sign setback three feet from the property line adjacent to State Highway 36 right -of -way. Municipal Code, Section 913.050 provides that no sign shall approach at any point nearer than fifteen feet to any street line. The Clerk read the notice of hearing along with the dates of publication. b. Manager Miller presented the staff report with the recommendation that the requested variance be granted due to the following factors: 1. The actual right -of -way is greatly in excess of actual street demand; and 2. Due to the distance of the proposed sign from the actual roadway, said sign will not interfere with the conduct or movement of traffic as proposed. If the variance is granted, the sign should be referred to the Community Design Review Board for review in accordance with the Community Design Review Ordinance. c. Chairman Lyman Coombs presented the following Planning Commission recommend- ation: "Commissioner Kent moved that the Planning Commission recommend to the Village Council that the variance be granted due to the facts as mentioned in the Manager's report. Commissioner Barrett seconded. Motion carried. Ayes - all." d. Chairman Haugan asked if there were persons present who wished to speak in favor of the proposal. None were heard. - 2 - 7/19 e. Chairman Haugan asked if there were persons present who wished to speak in opposition to the proposal. None were heard. f. Chairman Haugan closed the public hearing. g. Following further discussion, Councilman Wiegert moved to approve the var- iance for a free standing sign to be constructed three feet from Highway 36 right- of -wav at 1055 Highwav 36. Seconded by Councilman Greavu. Ayes - all. h. Council instructed staff to investigate or review the addressing of the buildings along Highway 36. It is felt that the addresses should be for Gervais Avenue. 4. Setback Variance - Robert Lerdahl, 1232 Junction Avenue a. Chairman Haugan convened the meeting for a public hearing on the request of Mr. Robert Lerdahl to erect a free standing double garage setback twenty six feet from Atlantic Street rather than the minimum zoning code setback of 30 feet. The Clerk read the notice of hearing along with the dates of public- ation. b. Manager Miller presented the staff report with the recommendation that the request for a variance be denied based upon the following facts: 1. The applicant has three alternates available to him in order to meet the minimum setback requirement of the Code; 2. Said requested variance would establish a precedent for other lots in the neighborhood; 3. Said variance would unnecessarily obstruct sight clearance for safe traffic movements at a four -way intersection; and 4. Said variance would grant a privilege to the applicant for a personal situation which is not unique or peculiar to the applicant or his property. c. Chairman Lyman Coombs presented the following Planning Commission recommend- ation: "Commissioner Disselkamp moved that the variance be denied for the reasons given in the staff report. Commissioner Barrett seconded. Motion carried - Ayes all." d. Chairman Haugan asked if there were persons present who wished to speak in favor of the proposal. The following were heard: Mr. Henkleman, Sussel Lumber Company, spoke in behalf of Mr. Lerdahl. Mr. Schuette, 1224 Junction Avenue Mr. Godbout, 2145 Atlantic Street Mrs. Lerdahl, 1232 Junction Avenue. - 3 - 7/19 e. Chairman Haugan asked if there were persons present who wished to speak in opposition to the proposal. None were heard. f. Chairman Haugan closed the public hearing. g. Councilman Greavu moved to approve the variance request of Robert Lerdahi, 1232 Junction, to construct his garage twenty six feet. from Atlantic Street with the condition the driveway will run into Junction Avenue. Seconded by Mayor Axdahl. Ayes - alx. E. ADJOURNMENT 8:45 P.M. ty Clerk - 4 - 7/19