HomeMy WebLinkAbout09-07-78 Board of Appeals and AdjustmentsMINUTES OF MAPLEWOOD BOARD OF APPEALS AND ADJUSTMENTS
7:30 P.M., Thursday, September 7, 1978
Council Chambers, Municipal Building
Meeting No. 78 -7
Mayor Greavu moved to appoint Councilman Wiegert as Acting Chairman of the Board of
Appeals and Adjustments.
Seconded by Councilman Nelson.
A. CALL TO ORDER
Ayes - all.
A meeting of the Maplewood Board of Appeals and Adjustments was held in the Council
Chambers, Municipal Building and was called to order at 7:39 P.M. by Acting Chairman
Wiegert.
B. ROLL CALL
Norman G. Anderson, Chairman Absent
Donald J. Wiegert, Acting Chairman Present
Roger F. Fontaine Present
John C. Greavu Present
Earl L. Nelson Present
C. APPROVAL OF MINUTES
1. Minutes No. 78 -6 (July 6, 1978)
Mayor Greavu moved that the Minutes of Meeting No. 78 -6 (July 6, 1978) be approved
as submitted.
Seconded by Councilman Fontaine. Ayes - all.
D. PUBLIC BEARINGS
1. Variance - Lot Width - 1883 White Bear Avenue
a. Acting Chairman Wiegert convened the meeting for a public hearing regarding a
request of Mary Nepper for a variance from the required lot width as outlined in
the Maplewood Code. The Clerk read the notice of hearing along with the dates of
publication.
b. Acting Manager Blank presented the staff report recommending denial of the pro-
posed lot split and variance on the basis that it is not consistent with the City's
Land Use Plan and would set a precedent for similar splits along White Bear Ave-
nue. This recommendation is based on the assumption that if the Land Use Plan were
to be changed, this application could be reconsidered.
c. Chairman Les Axdahl presented the following Planning Commission recommendation:
"Commissioner Howard moved the Planning Commission recommend to the Board of Ad-
justments and Appeal denial of the proposed variance for the following reasons:
1. There has been presented no justification for the variance;
2. Granting of the variance would add another curb cut to an already excessive
number;
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3. The property split would tend to further the delay the conversion of the area
as planned for in the Comprehensive Plan;
4. The property split would set a precedent for additional lot splits, this
aggrevating an already undesirable situation.
Commissioner Sherburne seconded. Ayes all."
d. The applicant, Mrs. Mary Nepper, Barnet Realty, spoke on behalf of Mrs. Clif-
ford, owner of the property.
e. Acting Chairman Wiegert called for proponents. The following were heard:
Mr. Paul Holt, 1885 White Bear Avenue.
f. Acting Chairman Wiegert called for opponents. None were heard.
g. Acting Chairman Wiegert closed the public hearing.
h. Mayor Greavu moved to table and instruct staff to further investigate the matter.
Seconded by Councilman Fontaine. Ayes - all.
2. Variance - Side Yard Setback - 117 Kingston Avenue - 7:45 P.M.
a. Acting Chairman Wiegert convened the meeting for a public hearing regarding a
request of Mr. James Warnecke, 117 Kingston Avenue for a variance for a structure
he has constructed that is closer than the five foot side yard set back. The
Clerk read the notice of hearing along with the dates of publication.
b. Acting Manager Blank presented the staff report recommending denial of the pro-
posed variance on the basis that:
1. Approval would set a precedent in granting variances for similar illegal,
nonconforming structures;
2. The variance does not meet "the spirit and intent of the ordinance ".
c. Chairman Les Axdahl presented the following Planning Commission recommendation:
"Commissioner Howard moved the Planning Commission recommend to the Board of Adjust-
ments and Appeals denial of the requested variance as approval would set a precedent
in granting variances for similar illegal, nonconforming structures and the var-
iance does not meet "the spirit and intent of the ordinance ".
Commissioner Pellish seconded. Ayes all."
d. The applicant was not present.
e. Acting Chairman Wiegert called for proponents. None were heard.
f. Acting Chairman Wiegert called for opponents. The following were heard:
Mr. John Steiner, 1730 Jackson Street.
g. Acting Chairman Wiegert closed the public hearing.
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h. Mayor Greavu moved to deny the request of Mr. Warneke, 117 Kingston Avenue,
for a side yard setback variance based on the Planning Commission recommendation.
Seconded by Acting Chairman Wiegert. Ayes - all.
E. ADJOURNMENT
8:41 P.M.
l city Clerk
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