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HomeMy WebLinkAbout10-13-77 Board of Appeals and AdjustmentsMINUTES OF MAPLEWOOD BOARD OF ADJUSTMENTS AND APPEALS 7:30 P.M., Thursday, October 13, 1977 Council Chambers, Municipal Building Meeting No. 77 -12 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 P.M. by Chairman Anderson. ROLL CALL Norman G. Anderson, Chairman Present John C. Greavu Present Charles M. Kent Present Burton A. Murdock Present Donald J. Wiegert Present APPROVAL OF MINUTES None. D. PUBLIC HEARINGS 1. Garage Location Variance - 1896 Barclay Street 7:30 P.M. a. Chairman Anderson convened the meeting for a public hearing regarding a request of Mrs. Darlene Karow, 1896 Barclay Street, for a variance to construct an addition eight feet from the garage. Director of Community Development Olson read the notice of hearing along with the dates of publication. b. Manager Miller presented the staff report recommending approval, based on the fact that a hardship would be caused by moving the addition to the north. It would eliminate an apple tree, cause the loss of a bedroom window, and create harship with the internal floor plan. Staff feels that this section of the Ordinance is no longer valid and is proposing an amendment. c. Chairman Les Axdahl presented the following Planning Commission recommendation: "Commissioner Sherburne moved the Planning Commission recommend to the Board of Appeals approval of the requested variance for 1896 Barclay based on the fact that a hardship would be caused by moving the addition to the north. It would eliminate an apple tree, cause the loss of a bedroom window and create a hardship with the internal floor plan. Commissioner Prew seconded. Ayes all." d. The applicant spoke on behalf of the proposal. e. Chairman Anderson called for proponents. None were heard. f. Chairman Anderson called for opponents. None were heard. - 1 - 10/13 g. Chairman Anderson closed the public hearing. h. Councilman Greavu to on the the request of Mrs. Darlene addition to the house eieh Seconded by Councilman Wiegert. Ayes - all. 2. Corner Lot Yard Variance - 1915 Maryknoll Avenue 7:30 P.M. the a. Chairman Anderson convened the meeting for a public hearing regarding the re- quest of Mr. James Palmisano, 1915 Maryknoll Avenue, for a variance to construct an addition to his existing garage. Director of Community Development read the notice of hearing along with the dates of publication. b. Manager Miller presented the staff report with the recommendation to deny. The proposed addition would not have an adverse affect on surrounding properties. State law, however, requires that the Board mus find that, "Strict enforcement would cause undue hardship because of circumstances unique to the individual prop- erty under consideration." The purpose of this law is to avoid setting precedent for future cases. If a unique hardship cannot be found, then the Board will have no basis for denying similar cases in the future. In this applicant's case, the variance seems to be one of convenience, rather than a unique hardship to the prop- erty. c. Chairman Les Axdahl presented the following Planning Commission recommendation: "Commissioner Sherburne moved the Planning Commission recommend to the Board of Adjustments and Appeals approval of the requested setback variance as denial would in effect, deny the property owner to build the two car garage, there is the op- portunity to build the detached garage with the driveway onto Frost Avenue which is currently not in the best public interest, and also as a result of the 42 foot set- back from Maryknoll the variance does not impair the corner traffic vision, there is already 43 feet of right -of -way from the center line of Frost Avenue to the prop- erty line. Approval is recommended subject to the applicant obtaining a letter of agreement from the neighbor to the west of the property indicating his approval of the proposal. Commissioner Howard seconded. Ayes all." d. The applicant, Mr. James Palmisano, spoke on behalf of his proposal. e. Chairman Anderson called for proponents. None were heard. I. Chairman Anderson called for opponents. None were heard. g. Chairman Anderson closed the public hearing. h. Mayor Murdock moved to approve the variance to construct an addition to an existing garage as requested by Mr. James Palmisano 1915 Maryknoll Avenue su to the recommendations of the Planning rnmmlRQinn_ Seconded by Councilman Wiegert. Ayes - all. 3. Garage Location Variance - 2595 Bittersweet Lane - 7 :45 P.M. a. Chairman Anderson convened the meeting for a public hearing regarding the re- quest of Charles and Doris Stueve for a variance to construct an 18 x 26 foot ad- - 2 - 10/13 dition to the rear of their house that would be only 16 feet from the garage. Director of Community Development Olson read the notice of hearing along with the dates of publication. b. Manager Miller presented the staff report recommending approval, based on the hardship caused by the location of the existing back door and because the variance would not have an adverse effect on the applicant's or surrounding prop- erty. c Staff has reviewed this section of the ordinance and recommends that it be changed. There is no reason to require 20 feet between a garage and house. It serves no public safety purpose and causes undue hardship to the homeowner. c. Chairman Les Axdahl presented the following Planning Commission recommendation: "Commissioner Pellish moved the Planning Commission recommend to the Board of Appeals and Adjustments approval of the requested variance based on the hardship caused by the location of the existing back door and because the variance would not have an adverse affect on the applicant's or surrounding property. Commissioner Prew seconded. Ayes all." d. The applicant, Mr. Charles L. Stueve, spoke on behalf of his request. e. Chairman Anderson called for proponents. None were heard. I. Chairman Anderson called for opponents. None were heard. g. Chairman Anderson closed the public hearing. h. Councilman Wiegert moved to approve the variance as requested by Charles and Doris Stueve to construct an addition to the rear of their home based on the sta and Planning Commission recommendations. Seconded by Mayor Murdock. Ayes - all. E. ADJOURNMENT 7:56 P.M. ity Clerk - 3 - 10/13