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HomeMy WebLinkAbout07-21-77 Board of Appeals and AdjustmentsMINUTES OF MAPLEWOOD BOARD OF ADJUSTMENTS AND APPEALS 7:30 P.M., Thursday, July 21, 1977 Council Chambers, Municipal Building Meeting No. 77 -9 A. CALL TO ORDER A meeting of the Board of Adjustments and Appeals of Maplewood, Minnesota, was held in the Council Chambers, Municipal Building and was called to order at 7:33 P.M. by Chair- man Anderson. B. ROLL CALL Norman G. Anderson, Chairman Present John C. Greavu Present Charles M. Kent Present Burton A. Murdock Present Donald J. Wiegert Present C. APPROVAL OF MINUTES 1. Minutes No. 77 -8 (June 30, 1977) Councilman Wiegert moved that the Minutes of Meeting No. 77 -8 (June 30 1977) be approved as submitted. Seconded by Councilman Greavu. Ayes - all. D. PUBLIC HEARINGS 1. Variance - Lot Area - Fifth Avenue - 7:30 P.M. a. Chairman Anderson convened the meeting for a public hearing regarding a request from Mr. Engesath for a variance from the required lot area of 10,000 square feet per lot. The Clerk read the notice of hearing along with the dates of publication. b. Manager Miller presented the staff report. c. Vice - Chairman Prew presented the following Planning Commission recommendation: "Commissioner Howard moved the Planning Commission recommend to the Board of Adjust- ment and Appeals the proposed lot area variance that would result from the proposed lot division be denied as the Council has already approved one lot division for the applicant, and the resulting variances (making a total of three for the applicant's property) seems excessive for one tract of land, and there is no justification given for the proposed variance. Commissioner Sherburne seconded. Ayes 6; Nays 1 (Chairman Prew)" d. Chairman Anderson called for proponents. The following were heard: The applicant, Dave Engesath. - 1 - 7/21 e. Chairman Anderson called for opponents. The following were heard: Mr. George Mynorczyk, 2715 E. 5th St. Mrs. Helen Crank read a petition signed by all the residents 200 feet around the property opposing the variance. Mr. Ron Afstead, 581 E. Century Avenue. f. Chairman Anderson closed the public hearing. g. Councilman Greavu moved that the request of Engesath Construction Co, for a variance from the required lot area be denied. Seconded by Mayor Murdock. Ayes - all. 2. Variance - Garage Setback - 1969 Jackson Street. a. Chairman Anderson convened the meeting for a public hearing regarding a variance from the required side yard setback as requested by Mr. Ray L. Baker, 1969 Jackson Street. The Clerk read the notice of hearing along with dates of publication. b. Manager Miller presented the staff report with the recommendation that the proposed variance be denied as the addition will decrease the existing distance between the house and the garage to four feet. c. Vice - Chairman Prew presented the following Planning Commission recommendation: "Commissioner Rossow moved the Planning Commission recommend to the Board of Adjust- ment and Appeals approval of the requested variance as the structure is now noncon- forming at 960 square feet, the proposed addition would bring the structure to code requirement of 1040 square feet. Recommendation is subject to: 1. On a 3 by 3 foot eave to eave span a minimum of 5/8 inch type X sheetrock on the inside of the garage to the peak; 2. 1 3/4 inch solid core door (labeled) - self closing; 3. If eave is any closer it (both eaves) must be fire protected; 4. If structures are any closer than 3 feet different restrictions apply. Commissioner Howard seconded. Ayes all. (Commissioner Barrett abstained)." d. Chairman Anderson called for proponents. The applicant, Mr. Ray L. Baker, was heard. e. Chairman Anderson called for opponents. None were heard. f. Chairman Anderson closed the public hearing. g. Chairman Anderson the required side yar following conditions: to annrove the request of Mr. Baker for a variance to - constructan ect to the 1. On a 3 by 3 foot eave to eave span a minimum of 5/8 inch type X sheetrock on the inside of the garage to the peak; 2. 1 3/4 inch solid core door (labeled) - self closing; 3. If eave is any closer it (both eaves) must be fire protected; 4. If structures are any closer than 3 feet different restrictions apply. - 2 - 7/21 5. The applicant has the option to abide by the building code and connect garage to dwelling. Seconded by Mayor Murdock. Ayes - all. 3. Variance - Front and Rear Yard Setback - Fenton and Beaumont Streets 7:30 P.M. a. Chairman Anderson convened the meeting for a public hearing regarding a request of Mr. Richard Miller for front and rear yard setback variances. 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 pro- posed variance be denied for the reasons given in the staff report. One variance has already been approved for this parcel and it seems unnecessary for additional variance be granted for this lot. c. Vice - Chairman Prew presented the following Planning Commission recommendation: "Commissioner Howard moved the Planning Commission recommend to the Board of Adjust- ment and Appeals that the variance be denied as the house can be constructed to comply with Code setbacks except for a minor variance for the rear yard. Commissioner Waldron seconded. Ayes all." d. Chairman Anderson called for proponents. The applicant, Mr. Richard Miller was heard. e. Chairman Anderson called for opponents. None were heard. f. Chairman Anderson closed the public hearing. g. Mayor Murdock moved to deny the variance as requested by Richard Miller. Seconded by Councilman Wiegert. Ayes - Mayor Murdock and Councilman Wiegert. Nays - Councilmen Anderson, Greavu and Kent. Motion defeated. h. Councilman Greavu moved to approve the variance as requested by Mr. Richard Miller. Seconded by Councilman Kents. Ayes - Councilmen Anderson, Greavu and Kent. Nays - Mayor Murdock and Councilman Wiegert. Motion carried. 4. Variance - Lot Width - DeSoto Street and County Road B - 7:45 P.M. a. Chairman Anderson convened the meeting for a public hearing regarding a variance requested by Mr. Frank Pribel from the required lot width. 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 pro- posed variance be approved as the denial of this request would be confiscatory. c. Vice Chairman Duane Prew presented the following Planning Commission recommend- ation: - 3 - 7/21 "Commissioner Pellish moved the Planning Commission recommend to the Board of Adjustments and Appeals the variance be approved subject to the applicant agreeing to rezoning of the property to R -1, Single Family Residential and conformance to all Code setback requirements. Commissioner Rossow seconded. Ayes all." d. Chairman Anderson called for proponents. The applicant, Mr. Frank Pribel, spoke on behalf of his request and stated he intends to build a single family dwelling. e. Chairman Anderson called for opponents. None were heard. f. Chairman Anderson closed the public hearing. g. Mayor Murdock m quested by Mr. Fran B and DeSoto Street e from the required lot width as re- on the Seconded by Councilman Wiegert. Ayes - all. 5. Variance - Lot Width - Kingston and Ruth Streets 7:45 P.M. a. Chairman Anderson convened the meeting for a public hearing for the request of Dennis W. and Bobbie Thieling for a variance from the required lot width for property described as Lot 14, Block 3, Stanich Highlands. The Clerk read the notice of hear- ing along with the dates of publication. b. Manager Miller presented the staff report with the recommendation that the var- iance be approved. c. Vice - Chairman Duane Prew presented the following Planning Commission recommend- ation: "Commissioner Prew moved the Planning Commission recommend to the Board of Adjustments and Appeals approval of the requested variance for the Ruth and Kingston location. Commissioner Barrett seconded. Ayes - all." d. Chairman Anderson called for proponents. The applicant, Dennis and Bobbie Thieling, spoke on behalf of their request. e. Chairman Anderson called for opponents. None were heard. f. Chairman Anderson closed the public hearing. g. Councilman Wiegert m requested by the _Thielin Ruth Streets. at Seconded by Councilman Kent. Ayes - all. 6. Variance - Garage Setback - 1861 Allen Place - 7:45 P.M. corner of Kingston a. Chairman Anderson convened the meeting for a public hearing for a variance from the required side yard setback as requested by Leonard J. Bohlsen, 1861 Allen Place. The Clerk read the notice of hearing along with the dates of publication. - 4 - 7/21 b. Manager Miller presented the staff report with the recommendation that the variance request to expand the garage towards West Kenwood Drive be denied as there are other possible locations in which to extend the garage area. Also, the appli- cant has not given sufficient reasons as to what factors, if any, would physically restrict placement of the garage in an area other than that proposed. It is also recommended that the Planning Commission recommend to the City Council approval of the garage expansion if it would not further decrease the present set- back to West Kenwood Drive. In this case, a variance would still have to be granted since it would involve alterations of a non - conforming use. c. Vice - Chairman Duane Prew presented the following Planning Commission recommend- ation: "Commissioner Sherburne moved the Planning Commission recommend to the Board of Ad- justments and Appeals that a building permit be issued to allow the expansion of the garage on this non - conforming lot providing the setback along Kenwood Drive is not decreased from its current location (i.e. 17 feet from Kenwood property line). Commissioner Waldron seconded. Ayes - 6; Nays 1 (Commissioner Barrett)" d. Chairman Anderson called for proponents. The applicant, Mr. Leonard Bohlsen, spoke on behalf of his request. e. Chairman Anderson called for opponents. The following were heard: Mrs. Ruth Oslund, 1876 W. Kenwood Drive, presented a petition signed by nine area property owners stating their oppositions; Mr. Mearl Peterson, 103 Allen Place; Mr. Bob Anderson, 211 W. Kenwood Drive; Mr. Marvin Merrick, 205 W. Kenwood Drive; Mr. Gary Connor, 101 Allen Place, and Mr. Vern Hendricksen, spoke in favor of the request. f. Chairman Anderson closed the public hearing. g. Councilman Kent moved to deny the variance. Seconded by Mayor Murdock. Councilman Wiegert moved that a building permit be issued to allow the expansion of the garage if the existing 17 foot setback is maintained. Seconded by Mayor Murdock. Ayes - all. Voting on original motion. Ayes - all. h. Councilman Greavu moved to rescind the previous motion to deny. Seconded by Councilman Wiegert. Ayes - all. - 5 - 7/21 i. Chairman Anderson moved to adopt the Planning Commission recommendation. Seconded by Mayor Murdock. Ayes - all. 7. Variance - Side Yard, Setback - 2256 Craig Place - 8:00 P.M. a. Chairman Anderson convened the meeting for a public hearing for the request of Gary Lee Bombach, 2256 Craig Place for a variance from the required side yard set- back. 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 pro- posed variance be denied as the function of a variance is not to permit something that is more restrictive by Code, based on reasons of convenience. c. Vice Chairman Duane Prew presented the following Planning Commission recommend- ation: "Commissioner Sherburne moved the Planning Commission recommend to the Board of Ad- justments and Appeals approval of the requested variance in that the proposed var- iance does not decrease the setback required. Commissioner Pellish seconded. Ayes all." d. Chairman Anderson called for proponents. None were heard. e. Chairman Anderson called for opponents. None were heard. f. Chairman Anderson closed the public hearing. g. Councilman Greavu moved to approve the request of Gary Lee Bombach from the required side yard setback to allow him- to construct a screen to the rear of his house. Seconded by Councilman Kent. Ayes - all. 8. Variance - Lot Width - 804 Kenwood Drive - 8:00 P.M. (Lot Division - Council) tion a. Chairman Anderson convened the meeting for a public hearing regarding the request of Lawrence and Marianne Rosenberg, 804 Kenwood Drive, for a variance from the re- quired lot width. The Clerk read the notice of hearing along with the dates of pub- lication. b. Manager Miller presented the staff report with the recommendation that the pro- posed lot division (to be heard before the Council) and the variance be approved subject to the following conditions: 1. Development of Parcel B must adhere to all setback requirements as stated in Code; 2. Owner and applicant agree to the above condition in writing. C. Vice - Chairman Duane Prew presented the following Planning Commission recommend- ation: "Commissioner Barrett moved the Planning Commission recommend to the Board of Adjustment and Appeals the variance be approved subject to the following conditions: - 6 - 7/21 1. Development of Parcel B must adhere to all setback requirements as stated in the Code; 2. Owner and applicant agree to the above condition in writing. Commissioner Sherburne seconded. Ayes all." d. Chairman Anderson called for proponents. The applicants, Lawrence and Marianne Rosenberg, were heard. e. Chairman Anderson called for opponents. None were heard. f. Chairman Anderson closed the public hearing. g. Councilman Wiegert moved to approve the lot width variance requested by the Rosenbergs, 804 Kenwood Drive; subject to the Planning Commission recommendation. Seconded by Chairman Anderson. Ayes - all. Chairman Anderson recessed at 9:55 P.M. to reconvene as the Council to hear the lot division requested by the Rosenbergs. Chairman Anderson reconvened the meeting at 9:59 P.M. 9. Variance - Corner Lot Setback - 1700 Clarence Street - 8:00 P.M. a. Chairman Anderson convened the meeting for a public hearing regarding the request of Mr. Rosendo Elizondo, 1700 Clarence Street, for a variance from the required side yard setback to construct an 8 foot addition onto the southerly side of the existing garage. 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 pro- posed variance be approved as the addition will not decrease the existing setback. c. Vice - Chairman Duane Prew presented the following Planning Commission recommend- ation: "Commissioner Waldron moved the Planning Commission recommend to the Board of Adjust- ments and Appeals approval of the requested variance as denial of the request would be confiscatory. Commissioner Fischer seconded. Ayes all." d. Chairman Anderson called for proponents. Therese Elizondo, representing her father, spoke on behalf of his request. e. Chairman Anderson called for opponents. None were heard. f. Chairman Anderson closed the public hearing. g. Councilman Wiegert moved to approve the side yard set back bV Mr. Elizondo. 1700 Clarence Street, based on the recommend. - 7 - 7/21 Seconded by Councilman Kent. E. ADJOURNMENT 10:04 P.M. Ayes - all. City Clerk - 8 - 7/21