HomeMy WebLinkAbout10-20-77 Board of Appeals and AdjustmentsMINUTES OF MAPLEWOOD BOARD OF ADJUSTMENTS AND APPEALS
7:30 P.M., Thursday, October 20, 1977
Council Chambers, Municipal Building
Meeting No. 77 -13
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 7:34 P.M. by
Chairman 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
None.
D. PUBLIC HEARINGS
1. Variance - Temporary Use - 1899 Phalen Place - 7:30 P.M.
a. Chairman Anderson convened the meeting for a public hearing regarding the re-
quest of Casper A. Olson, 1899 Phalen Place for a temporary use of his one family
dwelling as a two - family dwelling. The Clerk read the notice of hearing along with
the dates of publication.
b. Manager Miller presented the staff report and recommended approval of the sue
and variance, provided that the window is enlarged to 5 square feet, and the lower
level is 48 inches from the floor, as required by Code.
The basement has already been converted and used as a dwelling unit in the past.
It is an older home in a neighborhood planned for Medium Density housing. It is
staff's opinion that the variances are minimal and meet the "spirit and intent"
of the Ordinance, except for the size and height of the window in the bedroom.
This could result in a safety hazard if someone sleeping in the bedroom could not
get out of the window during a fire. We are, therefore, recommending that the win-
dow be enlarged to meet minimum Code requirements.
c. Chairman Les Axdahl presented the Planning Commission recommendation:
"Commissioner Fischer moved the ylanning Commission recommend to the Board of Adjust-
ments and Appeals approval of the proposed use at 1899 Phalen Place and the ceiling
height variance subject to the following conditions:
1. The bedroom window be enlarged to five square feet and the lower level of
the window is 48 inches from the floor as required by Code;
2. Building meet all State Building Code requirements except as noted here;
3. Use be granted for one year with review at that time.
Commissioner Sherburne seconded. Ayes all."
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d. Mrs. Casper A. Olson, 1899 Phalen Place, the applicant stated they have already
put in a larger window in the bedroom.
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
for two familv dwellin
ect to the
the
e as
tions
of a one
1. The bedroom window be enlarged to five square feet and the lower level
of the window is 48 inches from the floor as required by Code;
2. Building meet all State Building Code requirements except as noted here;
3. Use be granted for one year with review at that time.
Seconded by Mayor Murdock.
Ayes - all.
2. Variance - Building on Unimproved Street - North of Kingston Street and West of
Bradley Street - 7:30 P.M.
a. Chairman Anderson convened the meeting for a public hearing regarding the request
of Mark and Sandy Kocourek to build a house on an unimproved street. The Clerk read
the notice of hearing and dates of publication.
b. Manager Miller presented the staff report recommending denial based on the
following findings:
1. There may be times of the year when emergency public safety services could
not be provided, such as police, fire and ambulance due to a lack of snow
plowing or an unstable road surface. This would open the City up to potential
law suits;
2. This application does not meet the "spirit and intent of the ordinance ";
3. It would establish a dangerous precedent for future cases.
Staff feels that this would be a very undesirable situation if approved. We recom-
mend that the applicant petition for a paved street from Bradley Street. In order
for us to accept a petition the corner property owner or the City would also have
to sign it.
c. Chairman Les Axdahl presented the following Planning Commission recommendation:
"Commissioner Kishel moved the Planning Commission at this time take no action on
the staff recommendation, the commission recommends the City Council conduct a
feasibility study to find out just what are the problems and the costs and the
method of financing the necessary public street or streets to serve not only the
applicant's property but to also provide better access to an existing sewage lift
station and other structures fronting on unimporved streets.
Commissioner Prew seconded. Ayes all."
d. The applicants, Mark and Sandy Kocourek, spoke on behalf of their proposal.
e. Chairman Anderson called for proponents. None were heard.
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f. Chairman Anderson called for opponents. None were heard.
g. Chairman Anderson closed the public hearing.
h. Chairman Anderson moved to table this item indefinetly and directed staff to
further investigate other alternatives,
E. ADJOURNMENT
7:58 P.M.
'City ACIerk
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