Loading...
HomeMy WebLinkAbout09-16-76 Board of Appeals and AdjustmentsMINUTES OF MAPLEWOOD BOARD OF APPEALS AI4D ADJUSTMENTS 7:45 P.M., Thursday, September 16, 1976 Council Chambers, Municipal Building Meeting No. 76 - 8 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 7:51 P.M. 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 MI14UTES 1. Minutes No. 76 -7 (july 22, 1976) Chairman Murdock moved that the Minutes of Meeting No. 76 -7 (July 22 1976) be approved as submitted. Seconded by Councilman Wiegert. Ayes - all. D. PUBLIC HEARINGS 1. Variance (Side and Rear Yard Setback) - 1701 Birmingham St. - 7:45 P.M. a. Chairman Murdock convened the meeting for a public hearing regarding the re- quest of Mr. R. Heimerl, 1701 Birmingham Street, for a variance from the side yard setback. The Clerk read the notice of hearing along with the dates of public- ation. b. Manager Miller presented the staff report and stated to locate the requested garage as required by code is not impossible and would not materially increase the cost. It would be less convenient and possibly less attractive. It is re- commended that the requested variance be denied for insufficient justification. c. Chairman Les Axdahl presented the following Planning Commission recommendation: "Commissioner Prew moved the Commission recommend to the City Council the side yard variance request at 1701 Birmingham be approved for reasons: 1. The requested setback will match that of the original structure and that of the adjacent garage. 2. Will not adversely affect traffic sight lines. 3. Will maintain a lot usage configuration that is apparently desirable to the neighboring property owners as expressed in the communications. Commissioner Fischer seconded. The applicant withdrew his request for the 4 foot rear yard setback variance. - 1 - 9/16 Voting on the motion: Ayes all." d. Mr. R. Heimerl, 1701 Birmingham Street, the applicant, spoke regarding his request. e. Chairman Murdock called for proponents or opponents. None were heard. f., Chairman Murdock closed the public hearing. g. Councilman Anderson moved to approve a 20 foot setback requested by Mr. R. Heimerl, 1701 Birmingham Street, based on the reasons given in the Planning Com- mission report. Seconded by Mayor Bruton. Ayes - all. 2. Variance (Sign Setback) - 1734 Adolphus Street - Fox and Hounds 8:00 P.M. a. Chairman Murdock convened the meeting for a public hearing regarding the re- quest of the Fox and Hounds, Inc., 1734 Adolphus Street, for a front yard setback variance pertaining to construction of a sign. The Clerk read the notice of hear- ing along with the dates of publication. b. Manager Miller presented the staff report and stated it is recommended that the proposed variance be denied in that alternative locations are available on the site that would comply with the ordinance and which would serve the identification function as well as the requested location and that further, applicant has not provided sufficient justification for the granting of the variance. c. The following Community Design Review Board recommendation was given: "Board Member Howard moved the Community Design Review Board recommend to the City Council the application for a variance of the 15 foot setback and of the 25 foot height be denied as the proposed sign would not be in conformance with the Commun- ity Design Review Board Ordinance. The addition of another high sign either on the roof of the building or on pylons would simply add to an already undesirable number of over powering signs along the highways passing through Maplewood. Fur- thermore, the applicant has failed to provide justification for the granting of a variance since there are other locations on the property upon which the sign can be installed. Board Member Hoot seconded. Ayes all." d. Mr. Gale Rehnberg, Fox and Hounds, Inc., the applicant, spoke regarding his request. e. Chairman Murdock called for proponents and opponents. None were heard. f. Chairman Murdock closed the public hearing. g. Chairman Murdock moved to approve the variance for a 15 foot setback, the s not to exceed the height of the mansard roof, Mr. Rehnberg must verify site loc ion and there be confirmation of the height of the standard and sign from group level in relation to mansard roof height. Seconded by Councilman Greavu. Ayes - Chairman Murdock, Councilmen Anderson, Greavu and Wiegert. Nays - Mayor Bruton. Motion carried. - 2 - 9/16 3. Variance (Side Yard Setback) - 750 East Roselawn Avenue - 8:15 P.M. a. Chairman Murdock convened the meeting for a public hearing regarding the re- quest of Mr. Phillip Peterson, 750 E. Roselawn Avenue, to construct a swimming pool with less than the required minimum side yard setback. The Clerk read the notice of hearing along with the dates of publication. b. Manager Miller presented the staff report and stated the applicant's request seems to contain certain policy questions which the City Council may wish to re- view. If a residential property owner is entitled to a swimming pool regardless of other existing uses, and their arrangement, an amendment to appropriate codes may be in order. Based on existing codes and the purpose of the variance process it is recommended that the proposed variance be denied. c. Chairman Les Axdahl presented the following Planning Commission recommendation: "Commissioner Prew moved the Planning Commission recommend to the City Council the application for a variance from the side yard setback at 750 E. Roselawn be denied and that the denial be based on the lack of adequate justification by the applicant. Commissioner Waldron seconded Ayes 5; Nays 2 (Commissioner Pellish and Axdahl)" d. Mr. Peterson, 750 E. Roselawn Avenue, the applicant, spoke on behalf of his request. e. Chairman Murdock called for proponents and opponents. None were heard. f. Chairman Murdock closed the public hearing. g. Councilman Greavu moved to grant the variance as requested by Mr. Peterson based on the justification that he is restricted as to the location of the poo in relationship to his property and his garage. Seconded by Councilman Murdock. Motion failed. E. ADJOURNMENT 8:58 P.M. Ayes - Chairman Murdock and Councilman Greavu. Nays - Mayor Bruton, Councilmen Anderson and Wiegert. Chairman Murdock reconvened the Maplewood Board of Appeals and Adjustment at 9:17 P.M. for the purpose of reconsideration of the pool location variance requested by Mr. Peter- son, 750 E. Roselawn Avenue. D. PUBLIC HEARINGS 3. Variance (Side Yard Setback) - 750 E. Roselawn Avenue - 3 - 9/16 a. Councilman Wiegert moved to reconsider the matter of the side yard setback for the swimming pool at 750 E. Roselawn Avenue. Seconded by Councilman Anderson. Ayes - all. b. Mayor Bruton moved to grant the variance based on the justification that the size of the pool with the relationship to the garage and side yard do not allow compliance with the variances or the configuration of the pool in any other way in the back yard, the existing of a frost footing variance and the side yard to- gether do not allow anv alternate confieuration of that pool in the backyard and the siaeyara setoacK ror swimmi it does not interfere with any Seconded by Councilman Anderson E. ADJOURNMENT 9:21 P.M. - 4 - Ayes - all. (Cit Clerk 9/16 ;ity Council to alter must be located so