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HomeMy WebLinkAbout08-16-1973 Board of Appeals and AdjustmentsMINUTES OF MAPLEWOOD BOARD OF APPEALS AND ADJUSTMENTS 7:30 P.M., Thursday, August 16, 1973 Council Chambers, Municipal Building Meeting No. 73 -6 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 7:36 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 Councilman Wiegert moved that the Minutes of Meeting No. 73 -5 (August 2 19731 be approved as submitted. Seconded by Councilman Olmstead. Ayes - all. D. PUBLIC HEARINGS 1. Board of Appeals and Adjustments: a. Lot Width and Area Variance - between 1722 and 1736 Gurney Street (7:30) 1. Chairman Haugan convened the meeting for a public hearing on the re- quest of Marcella Tracy for a variance from the minimum lot area (10,000 square feet) and lot width requirements (75 feet) as set forth in the Village Code Section 904.030. The Clerk read the notice of hearing along with the dates of publication. 2. Manager Miller presented the staff report and stated that due to the fact separate ownerships are involved in the nonconforming lot and sur- rounding properties, the applicant does have a right to develop the non- conforming lot in conformance with all other Village Code requirements other than lot width and area specifications. It is recommended that the lot width and area variances be granted subject to the following con- ditions: 1. Construction on the lot will meet all other Village Code requirements; and 2. The owner shall agree to the above condition in writing. - 1 - 8/16 3. Commissioner Bruton presented the Planning Commission recommendation: "Commissioner Howard moved that the Planning Commission recommend to the Board of Appeals and Adjustment that the requested lot width and area variances be denied because said variances are so extreme as to not prac- tically allow the construction of a home on the site in accordance with the Village Code and in conformance with the housing in the neighborhood. Commissioner Bruton seconded. Motion carried - Ayes 7, with Commissioner Kent voting no." 4. Chairman Haugan called for proponents. The following were heard: Mr. Charles Mertensotto, attorney representing Mrs. Tracy, spoke on behalf of the request. Mrs. Marcella Tracy, 1896 Norfolk Avenue, St. Paul, Minnesota. 5. Chairman Haugan called for opponents. The following were heard: Mr. James Commander, 1736 No. Gurney Street Mr. Randall Brenhofer, 1722 No. Gurney Street Mr. W. Showers, 1719 Abel Street Mr. N.D. Lindblom, 1735 Abel Street Mrs. Tracy spoke again on behalf of her request. 6. Chairman Haugan closed the public hearing. 7. Councilman Greavu moved that the variance request of Mrs. Tracy be denied, based on the Planning Commission's recommendation and plus the fact this nronerty was acauired after the 75 foot frontage requirement as it relates to Seconded by Mayor Axdahl Motion carried. Ayes - Chairman Haugan, Mayor Axdahl, Councilmen Greavu and Wiegert. Nays - Councilman Olmstead. b. Setback Variance - Northeast Corner of County Road B and White Bear Avenue (7:45 P.M.) 1. Chairman Haugan convened the meeting for a public hearing on the re- quest of Gas Hut, Inc. for a variance from the rear yard setback require- ment of Section 907.034 of the Municipal Code which provides a 30 foot rear yard setback requirement. The Clerk read the notice of hearing along with the dates of publication. 2. Manager Miller presented the staff report with the recommendation that the request be denied. - 2 - 8/16 Commissioner Bruton seconded. Motion carried - Ayes 7 with Commissioner Howard voting no." 4. Chairman Haugan called for proponents. The following were heard: Mr. Lee Haug and Mr. Michael Lindgren, both representing Gas Hut, Inc., spoke on behalf of the request. 5. Chairman Haugan called for opponents. The following were heard: Mr. James Guertin, owner of property across the street from property in question, wondered how the median proposed on White Bear Avenue will affect this. Mr. Mike McNamara, manager of Kinney Shoes and representing Kinney Shoes, wished to know the location where the sign will be placed, but was told this would be discussed at a later date. Mr. Stanley Zimmerman, owner of the property, spoke in favor of the proposal. 6. Chairman Haugan closed the public hearing. 7. Councilman Olmstead moved denial of the request, based on the staff and Planning Commission reports. Seconded by Councilman Wiegert. Ayes - all. E. ADJOURNMENT 8:30 P.M. 6Zity Clerk - 3 - 8/16 3. Commissioner Howard presented the following Planning Commission re- f- commendation: ,1 "Commissioner Kent moved the Planning Commission recommend to the Board of Appeals and Adjustment that the request for a setback variance be de- .nied based upon the reasons outlined in the staff report and the fact that the applicants had not exhausted available redesign possibilities. Commissioner Bruton seconded. Motion carried - Ayes 7 with Commissioner Howard voting no." 4. Chairman Haugan called for proponents. The following were heard: Mr. Lee Haug and Mr. Michael Lindgren, both representing Gas Hut, Inc., spoke on behalf of the request. 5. Chairman Haugan called for opponents. The following were heard: Mr. James Guertin, owner of property across the street from property in question, wondered how the median proposed on White Bear Avenue will affect this. Mr. Mike McNamara, manager of Kinney Shoes and representing Kinney Shoes, wished to know the location where the sign will be placed, but was told this would be discussed at a later date. Mr. Stanley Zimmerman, owner of the property, spoke in favor of the proposal. 6. Chairman Haugan closed the public hearing. 7. Councilman Olmstead moved denial of the request, based on the staff and Planning Commission reports. Seconded by Councilman Wiegert. Ayes - all. E. ADJOURNMENT 8:30 P.M. 6Zity Clerk - 3 - 8/16