HomeMy WebLinkAbout11-18-76 Board of Appeals and AdjustmentsMINUTES OF MAPLEWOOD BOARD OF APPEALS AND ADJUSTMENTS
7:30 P.M., Thursday, November 18, 1976
Council Chambers, Municipal Building
Meeting No. 76 -10
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 7:44 P.M. by Acting Chairman
Bruton.
B. ROLL CALL
Burton
A.
Murdock, Chairman
Absent
Robert
T.
Bruton, Acting Chairman
Present
Norman
G.
Anderson,
Present
John C.
Greavu
Present
Donald
J.
Wiegert
Present
C. APPROVAL OF MINUTES
Councilman Wiegert moved that the Minutes of Meeting No. 76 -9 (October 21, 1976)
be approved as submitted.
Seconded by Chairman Bruton.
Ayes - all.
D. PUBLIC HEARINGS
1. Fence Height Variance - Public Works Garage (7:30 P.M.)
a. Acting Chairman Bruton convened the meeting for a public hearing regarding the
request of the City for a fence height variance. The 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 variance be granted due to the fact that this height fence is necessary to
insure the security of the area from vandalism and to eliminate a potential safety
hazard. It is felt that a six foot high fence in industrial and commercial areas
is not adequate where fences are used for secruity purposes. It is therefore re-
commended that the City Council also undertake to amend the Municipal Code to
allow a maximum height of ten feet for fences in commercial and industrial zones
within the City. It is further recommended that the Council authorize the staff
to proceed with landscaping along Frost Avenue to present a more pleasant visual
atmosphere from Frost Avenue.
C. Manager Miller read the following Planning Commission recommendation:
"Commissioner Pellish moved that the Planning Commission recommend to the City
Council approval of the requested variance due to the fact that this height fence
is necessary to insure the security of the area from vandalism and to eliminate
a potential safety hazard.
Commissioner Barrett seconded. Ayes - Commissioners Pellish, Kishel, Prew,
Barrett
Nays - Commissioners Waldron, Fischer, Sherburne.
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Motion carried 4 - 3
Commissioner Pellish moved the Planning Commission recommend to the City Council
that staff be directed to prepare a revision to the existing fence ordinance.
Commissioner Barrett seconded. Ayes - all."
d. Acting Chairman Bruton called for proponents. None were heard.
e. Acting Chairman Bruton called for opponents. None were heard.
f. Acting Chairman Bruton closed the public hearing.
g. Acting Chairman Bruton moved to approve the Citys request to construct a 10
ect to
that if the City vacates the property the fence will be removed immediately.
Seconded by Councilman Greavu. Ayes - all.
2. Lot Width and Area Variance - Cope Avenue and Birmingham Street (7:45 P.M.)
a. Acting Chairman Bruton convened the meeting for a public hearing regarding
the request of Tony L. Oswald, 1700 Rosewood Avenue, for a variance from the re-
quired lot width and lot area to construct a dwelling as outlined in the Code.
The 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 lot area variance be denied as applicant has not submitted sufficient justif-
ication for waiving of minimum lot requirement. It is recommended that the lot
width variance be approved as to limit the total 22,000 square feet plus to a
single double dwelling would be wasteful of resources and the surrounding area is
fully developed and therefore additional area cannot be obtained to add to subject
property. It is recommended that the proposed variance for lot width only be ap-
proved subject to the following conditions:
1. Applicant shall initiate rezoning procedures for the interior lot from
R -2 to R -1;
2. Owner and applicant agree to the above condition in writing.
C. Manager Miller presented the following Planning Commission recommendation:
"Commissioner Sherburne moved the Planning Commission recommend to the City Council
approval of the lot width variance request only, subject to the following condit-
ions:
1. Applicant shall initiate rezoning procedures for the interior lot from
R -2 to R -l;
2. Owner and applicant agree to the above condition in writing.
Commissioner Fishcer seconded. Ayes all."
d. Acting Chairman Bruton called for proponents. The following were heard:
Mr. Tony L. Oswald, the applicant, spoke on behalf of his request.
e. Acting Chairman Bruton called for opponents. The following were heard:
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Mr. Stan Cerrohaus, 1392 Cope Avenue, asked questions of the proposal.
f. Acting Chairman Bruton closed the public hearing.
g. Councilman Greavu moved to approve the lot width and lot area variance as
requested by Mr. Tony L. Oswald for the property at the southeast corner of Cope
Avenue and Birmingham Street subject to the condition that the Council institute
the rezoning of the interior lot from R -2 to R -1.
Seconded by Councilman Anderson. Ayes - all.
E. ADJOURNMENT
8:37 P.M.
City' Clerk
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