HomeMy WebLinkAbout09-21-78 Board of Appeals and AdjustmentsMINUTES OF MAPLEWOOD BOARD OF APPEALS AND ADJUSTMENTS
7:30 P.M., Thursday, September 21, 1978
Council Chambers, Municipal Building
Meeting No. 78 -8
A. CALL TO ORDER
A meeting of the Maplewood Board of Appeals and Adjustments was held in the Council
Chambers, Municipal Building and was called to order at 7:37 P.M. by Chairman Anderson.
B. ROLL CALL
Norman G. Anderson, Chairman Present
Roger F. Fontaine Present
John C. Greavu Present
Earl L. Nelson Present
Donald J. Wiegert Present
C. APPROVAL OF MINUTES
1. Minutes No. 78 -7 (September 7, 1978)
Councilman Wiegert moved that the Minutes of Meeting No. 78 -7 (September 7, 1978)
be approved as submitted.
Seconded by Councilman Fontaine. Ayes - all.
J. PUBLIC HEARINGS
1. Variance - Lot Width - Birmingham and Price Streets
a. Chairman Anderson convened the meeting for a public hearing regarding a request
from Mr. Richard H. Henning for a lot width variance from the Municipal Code to
construct a dwelling on a corner lot that is 87.4' by 133.45'. Code requires that
a corner lot be at least 100' on each street. The Clerk read the notice of hearing
along with the dates of publication.
b. Acting Manager Blank presented the staff report with the recommendation of
approval of the lot width variance and corner lot setback variances on the basis
that:
1. The other houses on this corner are on substandard lots;
2. Additional frontage cannot be acquired;
3. Denial of the frontage variance would create an unbuildable and possibly
tax delinquent lot;
4. The other houses on this corner have 20 foot sideyard setbacks;
5. The sideyard setback variance would not cause any problems to adjacent lots.
C. Chairman Les Axdahl presented the following Planning Commission recommendation:
"Commissioner Prew moved the Planning Commission recommend to the Board of Adjustments
approval of the lot width and corner lot setback variance as:
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1. The other houses on this corner are on substandard lots;
2. Additional frontage cannot be acquired;
3. Denial of the frontage variance would create an unbuildable and possibly tax
delinquent lot;
4. The other houses on this corner have 20 foot sideyard setbacks;
5. The side yard setback variance would not cause any problems to adjacent
lots.
Commissioner Kishel seconded. Ayes - all.
d. Mr. Hennings, the applicant, spoke on behalf of his request.
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. Councilman Fontaine moved to approve the lot width variance and side yard setback
variance as requested by Mr. Richard Hennings for Lot 6, Block 1, Torseth Addition
for reasons given in the staff and Planning Commission reports.
Seconded by Mayor Greavu. Ayes - all.
2. 1883 White Bear Avenue
a. Lot Width
to Acting Manager Blank stated this item was considered by the Council on
September 7, 1978 and tabled until the City Attorney could determine whether the
City's Plan had to be amended before a variance could be granted. It is the
Attorney's opinion that it is not legally necessary to amend the Plan, but it is
inconsistent from a policy standpoint.
The purpose of the Land Use Plan is to act as a guide to the Council, staff and
property owners in making land use decisions. If staff and property owners are
to have confidence in the Plan, the Council must make consistent decisions with
the Plan. To approve a new house on a substandard lot in an area planned for
commercial use is not consistent.
If the Council has doubts as to the future commercial development of this area,
Council should initiate a Plan amendment and refer ti to the Planning Commission
for a public hearing.
2. Chairman Anderson moved to
Motion died for lack of a second.
3. No action taken.
E. ADJOURNMENT
7:56 P.M.
rove the lot width variance.
City Clerk
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