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Home My WebLink About10-27-77 Board of Appeals and AdjustmentsMINUTES OF MAPLEWOOD BOARD OF ADJUSTMENTS AND APPEALS 7:30 P.M., Thursday, October 27, 1977 Council Chambers, Municipal Building Meeting No. 77 -14 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 7:48 P.M. B. ROLL CALL Norman G. Anderson, Chairman Present John C. Greavu, Present Charles M. Kent Absent Burton A. Murdock Present Donald J. Wiegert Present C. APPROVAL OF MINUTES 1. Minutes No. 77 -11 (September 22, 1977) Councilman Wiegert moved to approve the Minutes of Meeting No 77 -11 (September 22 1977) be approved as submitted. Seconded by Mayor Murdock. Ayes - all. 2. Minutes No. 77 -12 (October 13, 1977) Councilman Wiegert moved to approve the Minutes of Meeting No 77 -12 (October 13 1977) be approved as submitted. Seconded by Mayor Murdock. Ayes - all. 3. Minutes No. 77 -13 (October 20, 1977) Councilman Anderson moved that the Minutes of Meeting No. 77 -13 (October 20 1977) be approved as submitted. Seconded by Mayor Murdock. D. PUBLIC HEARINGS Ayes - all. 1. Variance - Rear Yard Setback - 211 Brookview Court - 7:30 P.M. a. Chairman Anderson convened the meeting for a public hearing regarding the request of Mr. Robert Muchlhausen, 211 Brookview Court, for a variance from the rear yard setback. The Clerk read the notice of hearing along with the dates of publication. b. Manager Miller presented the staff report recommending approval, with the condit- ion that any plans to enclose the deck must be approved by the Board of Appeals and Adjustment. The basis for the variance is: - 1 - 10/27 1. That the off set cul -de -sac and irregular shape of the lot have created an undue hardship that is unique to the individual property. 2. The unenclosed deck would have a minimal visual impact on surrounding homes and is, therefore, consistent with the "spirit and intent of the Ordinance." C. Commissioner Prew presented the following Planning Commission recommendation: "Commissioner Rossow moved the Planning Commission recommend to the Board of Ad- justments and Appeals approval of the variance for 211 Brookview Court as the off set cul -de -sac and irregular shape of the lot have created an undue hardship that is unique to the individual property and the unenclosed deck would have a minimal vis- ual impact on surrounding homes and is, therefore, consistent with the "spirit and intent of the Ordinance ". The Commission recommends that any plans to enclose the deck in the future be approved by the Board of Adjustments and Appeals. Commissioner Prew seconded. Ayes all." d. The applicant, Mr. Robert Muchlhausen, spoke on behalf of his proposal. e. Chairman Anderson called for proponents. None were heard. f. Chairman Anderson called for opponents. None were heard. g. Chairman Anderson closed the public hearing. h. Mayor Murdock moved to approve the request of Mr. Robert Muehlhausen for a variance to construct a 14' x 14' open deck onto an existing rear vard Porch subiect to the condition that any plans to enclose the deck in the future be aPDroved by the ustments Seconded by Councilman Wiegert. Ayes - all. 2. Variance - Garage - 192 Bellwood Avenue 7:30 P.M. a. Chairman Anderson convened the meeting for a public hearing regarding the re- quest of Mr. Robert Trost, 192 Bellwood Avenue, for a variance from the required side yard setback to construct an addition to his garage that would be two feet from the lot line. The Clerk read the notice of haring and dates of publication. b. Manager Miller presented the staff report recommending denial based on the fact that: 1. There is no undue hardship that is unique to this property; 2. The variance would not be in keeping with the spirit and intent of the Ordinance. Staff feels that a uniform sideyard setback of five feet should be established for all buildings. An amendment to this effect is presently being considered by the Planning Commission for recommendation to the Council. c. Commissioner Duane Prew presented the following Planning Commission recommend- ation: "Commissioner Waldron moved the Planning Commission recommend to the Board of Adjust- ments and Appeals denial of the requested setback variance for 192 Bellwood Avenue - 2 - 10/27 as there if no undue hardship that is unique to this property and the variance would not be in keeping with the spirit and intent of the Ordinance. Space for the expansion of the garage is available to the applicant on the west side of the garage. Commissioner Pellish seconded. Ayes all." d. Chairman Anderson asked if the applicant wished to be heard. The applicant was not present. e. Mayor Murdock moved to table Item D -2 until later on the Agenda to wait the arrival of the applicant. Seconded by Councilman Greavu. Ayes - all. Chairman Anderson recessed the meeting at 8 :08 P.M. Chairman Anderson reconvened the meeting at 9:05 P.M. f. Mr. Robert Trost, 192 Bellwood Avenue, spoke on behalf of his request. g. Chairman Anderson called for proponents. Mr. David Kline, 200 Bellwood, stated he had no objections to Mr. Trost's proposal. h. Chairman Anderson called for opponents. None were heard. i. Councilman Greavu moved to approve the variance as requested by Mr. Robert Trost, 192 Bellwood Avenue, to construct an addition to his garage that will be 2 feet from the property line based on the reason that the alternative to construct the addition to the west would create a "ioQ" in the drivewav and access to the Seconded by Mayor Murdock. Motion carried. E. ADJOURNMENT 9:17 P.M. Ayes - Chairman Anderson, Mayor Murdock, and Councilman Greavu. Nays - Councilman Wiegert. eti�� City Clerk - 3 - 10/27