HomeMy WebLinkAbout04.19.79 Board of Appeals and AdjustmentsMINUTES OF MAPLEWOOD BOARD OF ADJUSTMENTS AND APPEALS
7:30 P.M., Thursday, April 19, 1979
Council Chambers, Municipal Building
Meeting No. 79 -5
A. CALL TO ORDER
Mayor Greavu moved to appoint Councilman Donald J.
Board of Adjustments and ADDeaIR.
of the
Seconded by Councilman Anderson. Ayes - NMayor Greavu, Councilmen Anderson and
Nays - Councilman Wiegert.
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 7:46 P.M. by Chair-
man Wiegert.
B. ROLL CALL
Donald J. Wiegert, Chairman Present
Norman G. Anderson Present
John C. Greavu Present
Earl L. Nelson Present
C. APPROVAL OF MINUTES
1. Minutes No. 79 -4 (March 1, 1979)
Councilman Nelson moved that the Minutes of Meeting No. 79 -4 (March 1 1979) be approved
as submitted.
Seconded by Mayor Greavu.
D. PUBLIC HEARINGS
Ayes - all.
1. Variance - 2502 Stillwater Road - Aziz - 7:45 P.M.
a. Chairman Wiegert convened the meeting for a public hearing regarding a request
of Abdel R. Abdel Aziz, 2502 Stillwater Road, for a variance from the required rear
yard setback and side yard set back to allow division of one lot into two. The
Clerk read the notice of hearing along with the dates of publication.
b. Manager Evans presented the staff report with the following recommendation:
I. Approval of the sideyard setback variance on the basis that:
1. The proposed sideyard setback of the garage will not cause any visibility
problems for the future home to the south, because of the thick stand
of trees along Sterling Street; and
2. Fire protection would be increased by keeping as much distance as possible
between the garage and house.
II. Approval of the rear yard setback variance, on the basis that:
1. The rear yard of lot one is not used for recreational purpose; and
2. The 25 foot house elevation facing the new lot is the size of a side
elevation on a standard house built today.
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III. Approval of lots one and two as proposed, since both parcels comply with
lot area and frontage requirements as specified by code.
1. Applicants shall pay cash connection charges for sanitary sewer and
water for both lots;
2. Owner and applicant agree to the above conditions in writing.
c. Chairman Les Axdahl presented the following Planning Commission recommendation:
"Commissioner Barrett moved that the Planning Commission recommend to the Board
of Adjustments and Appeals approval of the side yard setback variance on the basis
that:
1. The proposed side yard setback of the garage will not cause any visibility
problems for the future home to the south, because of the thick stand of
trees along Sterling Street; and
2. Fire protection would be increased by keeping as much distance as possible
between the garage and house.
Approval of the rear yard setback variance on the basis that:
1. The rear yard of lot one is not used for any recreational purpose; and
2. The 25 foot house elevation facing the new lot is the size of a side elevation
on a standard house built today.
Commissioner Ellefson seconded.
Voting: Ayes 7 Nays 1 (Commissioner Sherburne)."
d. Mr. Abdel Aziz, 2502 Stillwater Road, spoke on behalf of his proposal.
e. Chairman Wiegert called for proponents and apponents. The following were heard:
Mr. George Everitt, 971 Sterling Avenue;
Mr. Robert Fritz, 6132 Oakknoll Road, Woodbury;
Mr. Jim Vener, 2492 Stillwater Road;
Mrs. Helen Harper, 2505 Harvester Avenue.
f. Councilman Wiegert closed the public hearing.
g. Councilman Nelson moved to table this item and that the following questions
be referred to staff for answers:
Establish the right of way perimeters of the road;
Location of trees on public or private land;
Removal of trees;
Site distances involved;
Water supply;
Location of house;
Drainage (relative to lot to the east).
Seconded by Councilman Anderson.
Ayes - all.
2. Variance - 1290 E. County Road C - Hanover - 7:45 P.M.
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a. Chairman Wiegert convened the meeting for a public hearing regarding the re-
quest of Ms. Louise Hanover, 1290 E. County Road C for a variance to create two
lots which do not have 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 recommendation:
I. Variance (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. 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.
II. Lot Division
Table until Council orders construction of English Street, south of County
Road C.
C. Ms. Louise Hanover spoke on behalf of her proposal.
d. Chairman Wiegert called for proponents and opponents. The following voiced their
opinions:
Mr. Lloyd Quam, 2675 English Street
Mr. Carl Grittner
Mr. Ted Leigh
e. Chairman Wiegert closed the public hearing.
f. Councilman Nelson moved to deny the variance until such time as a feasibility
study is ordered for English Street and also for the reasons given in the staff report.
Seconded by Councilman Anderson. Ayes - all.
3. Variance - 2607 No. Ariel Street - Carpenter - 8:00 P.M.
a. Chairman Wiegert convened the meeting for a public hearing regarding a request
of Frank P. Carpenter, 2607 No. Ariel for a variance from the required lot width
and lot area required for double dwellings. The Clerk read the notice of hearing
along with the dates of publication.
b. Manager Evans presented the staff report with the recommendation:
Approval of the variances for a sub standard lot area and width, based on the fact
that:
1. Oak Avenue will probably not be constructed;
2. The extensive acreage in open space mitigates the substandard lot area;
3. Since the lot is already built on denying the variances would not change the
proximity of the subject house to possible future homes to the west.
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C. Chairman Les Aadahl presented the Planning Commission recommendation.
d. Mrs. Carpenter, 2607 Ariel Street, the applicant, spoke on behalf of her pro-
posal.
e. Chairman Wiegert called for proponents and opponents. None were heard.
f. Chairman Wiegert closed the public hearing.
g. Councilman Anderson moved to approve the variances as requested by Mrs. Frank
Carpenter, 2607 No. Ariel Street, based on the recommendations of the staff.
Seconded by Chairman Wiegert. Ayes - all.
E. ADJOURNMENT
8:56 P.M.
City Clerk
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