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HomeMy WebLinkAbout03.01.79 Board of Appeals and AdjustmentsMINUTES OF MAPLEWOOD BOARD OF ADJUSTMENTS AND APPEALS 7:30 P.M., Thursday, March 1, 1979 Council Chambers, Municipal Building Meeting No. 79 - 4 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 Fontaine. B. ROLL CALL Roger F. Fontaine, Chairman Present Norman G. Anderson Present John C. Greavu Present Earl L. Nelson Present Donald J. Wiegert Present APPROVAL OF MINUTES 1. Minutes No. 79 -3 (February 15, 1979) Councilman Anderson moved that the Minutes of Meeting No. 79 -3 (February 15, 1979) be approved as submitted. Seconded by Councilman Wiegert. Ayes - all. D. PUBLIC HEARINGS 1. Variance - Side Yard Setback - 1736 Ruth Street - Haase - 7:30 P.M. a. Chairman Fontaine convened the meeting for a public hearing regarding a request from Donald and Mary Haase, 1736 Ruth Street for a variance from the required side yard setback. The Clerk read the notice of hearing along with the dates of public- ation. b. Manager Evans presented the staff report recommending approval of the 10 foot variance as requested. Approval is based on the following: 1. Street enforcement of the zoning ordinance would result in an undue hardship; 2. The proposed house addition does not violate the spirit and intent of the ordinance. C. Director of Community Development Olson presented the following Planning Commiss- ion recommendation: "Commissioner Kishel moved that the Planning Commission recommend to the Board of Adjustments and Appeals approval of a 10 foot variance for 1736 Ruth Street based on the following: 1. Street enforcement of the zoning ordinance would result in on undue hardship; - 1 - 3/1 2. The proposed house addition does not violate the spirit and intent of the ordinance. Commissioner Barrett seconded. Ayes - all." d. Mr. Don Haase, the applicant, spoke on behalf of his request. e. Chairman Fontaine called for proponents. None were heard. f. Chairman Fontaine called for opponents. None were heard. g. Chairman Fontaine closed the public hearing. h. Mayor Greavu moved to approve the 10 foot side yard setback as requested by Donald and Mary Haase to construct an addition on the south side of their home at 1736 Ruth Street subject to the recommendation of the staff and Planning Commission Seconded by Councilman Wiegert. Ayes - all. 2. Variance - Lot Frontage - NE Corner of Adele and Fenton Streets - Dicke - 7 :30 P.M. a. Chairman Fontaine convened the meeting for a public hearing regarding a request from Peter and Sandra Dicke for a variance from the required lot frontage for a corner lot and also a variance to build a dwelling on a lot not having frontage on an improved street. The Clerk read the notice of hearing along with the dates of publication. b. Manager Evans presented the staff report with the following recommendations: Variance 1 (Lot Frontage) Table, until an improved street is constructed fronting the subject lot. Variance 2 (Unimproved Street) Denial on the basis that: 1. There is inadequate access for emergency vehicles. 2. The variance does not meet the intent of the Code. 3. Until a feasibility study is completed, the City cannot assume that there is is a hardship in this case. 4. Approving this variance without finding a hardship unique to this property would set a precedent for further development on this street, as well as on unimproved streets in other parts of the City. Staff would further recommend that the applicant work with the City Engineer to prepare a petition for the construction of Fenton Avenue and Adele Street. c. Chairman Axdahl presented the following Planning Commission recommendation: "Commissioner Barrett moved the Planning Commission recommend to the Board of Adjust- ments and Appeals they table the lot width variance until an improved street is con- structed fronting the subject lot. - 2 - 3/1 Commissioner Kishel seconded. Ayes all. Commissioner Barrett moved the Planning Commission recommend to the Board of Adjustments and Appeals denial of the unimproved street variance as: 1. There is inadequate access for emergency vehicles; 2. The variance does not meet the intent of the Code; 3. Until a feasibility study is completed, the City cannot assume that there is a hardship in this case; 4. Approving this variance without finding a hardship unique to this property would set a precedent for further development on this street, as well as on unimproved streets in other parts of the City. Commissioner Kishel seconded. Commissioner Prew said he thought it more appropriate to table this variance request until after the feasibility is determined of Fenton and Adele. No hardship is de- termined until the streets are found not feasible to construct. Voting: Ayes 7 Nays 2 (Commissioners Prew and Howard)" d. Mr. Peter Dicke, the applicant, spoke on behalf of his request. e. Chairman Fontaine called for proponents. None were heard. f. Chairman Fontaine called for opponents. The following were heard: Ms. Mindy MacRunnel, 1890 Adele Street. g. Chairman Fontaine closed the public hearing. h. Mayor Greavu moved to approve the variance as requested by the Dicke's. Motion died for lack of a second. i. Councilman Wiegert moved to table the request of Peter and Sandra Dicke for two variances until such time as a feasibility study for streets and utilities in the area is completed. Seconded by Mayor Greavu. Ayes - all. 3. Variance - Special Use Permit - 1644 Myrtle Street - Kropp a. Chairman Fontaine stated this item was continued from the February 15, 1979 Council meeting. b. Mr. Kropp, the applicant, spoke on behalf of his proposal. He further stated he agreed to all the conditions. C. Chairman Axdahl presented the following Planning Commission recommendation: "Commissioner Sherburne moved the Planning Commission recommend to the City Council and the Board of Adjustments and Appeals approval of the proposed special use per - mit and variance for 1644 Myrtle Street. Approval of the variance is based on the following findings: - 3 - 3/1 1. There is substantially more lot area than required by Code; 2. The existing house meets or exceeds side yard setbacks. Approval of the special use permit is based on the following findings: 1. The density of this neighborhood is substantially less than allowed by the City Land Use Plan; 2. The proposal is consistent with the City Land Use Plan; 3. The appearance of the neighborhood will not change. The house is existing and will keep its single - family dwelling appearance. Approval is subject to the following conditions: 1. As per the Building Officials report, the following things shall be repaired: a. Leaking roof in the upper duplex; b. Loose ceiling in bedroom area; c. Deteriorated soffit and rotted and loose boards; d. Loose and rotted boards around chimney. 2. Smoke alarms shall be installed in the upper and lower levels; 3. The property must pass inspection by the electrical and heating inspectors; 4. The above work shall be completed before June 1, 1979; 5. Owner and applicant agree to the above conditions in writing. Commissioner Barrett seconded. Ayes all. Secretary Olson said the applicant for agenda item 9B "Preliminary Planned Unit Development" is not as yet at the meeting. he suggested the Commission amend the agenda to review that later in the evening. Commissioner Fischer moved to amend the agenda to review 9C "Planning Consultant Work Program." Commissioner Pellish seconded. Ayes all." d. Chairman Fontaine called for proponents. None were heard. e. Chairman Fontaine called for opponents. None were heard. f. Chairman Fontaine closed the public hearing. g. Mayor Greavu moved to approve the variance of Mr. Edward Kropp, 1644 Myrtle a s t based on t on A. There is substantially more lot area than required by Code; B. The existing house meets or exceeds the side yard setbacks. Seconded by Councilman Wiegert. Ayes - all. E. ADJOURNMENT 8:42 P.M. City Clerk - 4 - 3/1