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HomeMy WebLinkAbout07-22-76 Board of Appeals and AdjustmentsMINUTES OF MAPLEWOOD BOARD OF APPEALS AND ADJUSTMENTS 7:30 P.M., Thursday, July 22, 1976 Council Chambers, Municipal Building Meeting No. 76 -7 A. CALL TO ORDER A meeting of the Maplewood Board of Appeals and Adjustments was held in the Council Chambers, Municipal Building, and was called to order at 8:22 by Chairman Murdock. B. ROLL CALL Burton A. Murdock, Chairman Present Norman G. Anderson Present Robert T. Bruton Present John C. Greavu Present Donald J. Wiegert Present C. APPROVAL OF MINUTES 1. Minutes No. 76 -6 (July 8, 1976) Chairman Murdock moved that the Minutes of Meeting No. 76 -6 (July 8, 1976) be approved as submitted. Seconded by Councilman Greavu. Ayes - all. D. PUBLIC HEARINGS 1. Variance (Garage Size) - 1429 Kohlman Avenue - 7:30 P.M. a. Chairman Murdock convened the meeting for a public hearing on a request from Mr. Mark Prigge, 1429 Kohlman Avenue to construct a residential garage larger than allowed by the Maplewood Municipal Code. The Acting Clerk read the notice of hearing along with the dates of publication. b. Manager Miller presented the staff report and further stated although it is difficult to determine criteria on which to determine justification of a variance in this particular case it is recommended the proposed variance be denied in that it would constitute a special privilege. c. Commissioner Duane Prew presented the following Planning Commission recommend- ation: "Commissioner Kishal moved the Planning Commission recommend to the City Council the application for an oversized garage be granted or approved in view of the fact that the limitation of a 750 square foot garage has been discussed previously by the Planning Commission and recommended that the particular limitation be eliminated. With the popularity of recreational vehicles, the 750 square foot restriction is contrary to the desire to have adequate storage facilities which would protect property in a manner which is compatible with the residenital use. Commissioner Sherburne seconded. Ayes all with Commissioner Barrett abstaining." d. Mr. Prigge, the applicant, spoke on behalf of his request. - 1 - 7/22 K 3 e. Chairman Murdock called for persons who wished to be heard for or against the proposal. The following were heard: Mr. Wm. Knobe, a neighbor, stated he had no objection to this proposal. I. Chairman Murdock closed the public hearing. g. Councilman Greavu moved approval of the variance as requested by Mr. Mark Prigge subject to the Planning Commission recommendation and based on the reasons the size of the property permits the establishment of such a structure without crowding and the fact that the neighbors have, apparently, no complaints to this construction. Seconded by Mayor Bruton. Ayes - all. Variance (Side Yard Setback) - 1755 City Heights Drive 7:45 P.M. a. Chairman Murdock stated staff had received a letter from the applicant requesting withdrawel of his variance. Variance - (Side Yard Setback) - 1595 Grandview Avenue - 8:00 P.M. a. Chairman Murdock convened the meeting for a public hearing regarding the request of Dr. Alexander Abrams, 1595 Grandview Avenue, to construct an addition to his home which would encroach to within 15 feet of the property line. Municipal Code requires 30 foot setback on corner lots. The Acting Clerk read the notice of hearing along with the dates of publication. b. Manager Miller presented the staff report and stated it is recommended that the proposed variance be denied due to insufficient justification. c. Commissioner Duane Prew presented the Planning Commission recommendation as follows: "Commissioner Sherburne moved the Planning Commission recommend to the City Council denial of the original request but propose altering it to require a 27 foot setback, or a three foot variance, to allow the garage to be in line with the existing east wall of the house as such is justified as in keeping with the spirit and intent of the zoning ordinance. Commissioner Kishel seconded. Ayes - all." d. Mr. and Mrs. Abrams spoke on behalf of their request. e. Chairman Murdock called for persons who wished to be heard for or against the proposal. None were heard. I. Chairman Murdock closed the public hearing. g. Councilman Greavu mo- construct an addition to )rove a 12 foot set back vax the north and does not obstruct vision. r the fact it lines u Seconded by Councilman Anderson. Ayes - all. Dr. Abrams to 4. Variance (Corner Lot Width) - Arkwright Street and Mt. Vernon Avenue - 8:15 P.M. a. Chairman Murdock convened the meeting for a public hearing regarding the re- quest of Ed Cave and Sons, Inc. to construct a dwelling on a corner lot that does not meet the requirements of the Municipal Code. The Acting Clerk read the notice 7/22 of hearing along with the dates of publication. b. Manager Miller presented the staff report with the recommendation that the var- iance be approved based on the following findings: L_ 1. Subject property consists of lots which are part of a previously approved subdivision. 2. Applicant proposes compliance with all property development standards. 3. Literal compliance with the requirements of the ordinance would be con- fiscatory. c. Commissioner Duane Prew presented the following Planning Commission recommend- ation: "Commissioner Howard moved the Planning Commission recommend to the City Council approval of the variance based on the following findings: 1. Subject property consists of lots which are part of a previously approved subdivision. 2. Applicant proposes compliance with all property development standards. 3. Literal compliance with the requirements of the ordinance would be confiscatory. Commissioner Waldron seconded. Ayes all." d. Mr. Sam Cave spoke on behalf of his request. e. Chairman Murdock called for persons who wished to be heard for or against the proposal. None were heard.. f. Chairman Murdock closed the public hearing. g. Councilman Anderson moved to grant the variance to build on Lot 14 and 15_,_ Block 3, Magoffins Northside Addition, based on the findings of the Planning Com- mission. Seconded by Councilman Greavu. Ayes - all. E. ADJOURNMENT 8:56 P.M. Ci Clerk - 3 - 7/22 t,,