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HomeMy WebLinkAbout06.21.79 Board of Appeals and AdjustmentsMINUTES OF MAPLEWOOD BOARD OF ADJUSTMENTS AND APPEALS 7:30 P.M., Thursday, June 21, 1979 Council Chambers, Municipal Building Meeting No. 79 -9 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 7:30 P.M. by Chairman Wiegert. B. ROLL CALL Donald J. Wiegert, Chairman Present Norman G. Anderson Present John C. Greavu Present Burton A. Murdock Present Earl L. Nelson Present C. APPROVAL OF MINUTES 1. Meeting No. 79 -8 (June 7, 1979) Mayor Greavu moved that the Minutes of Meeting No. 79 -8 (June 7 1979) be approved as submitted. Seconded by Councilman Anderson. Ayes - all. D. PUBLIC HEARINGS 1. Variance - Midvale Place - Sayre - 7:30 P.M. a. Chairman Wiegert convened the meeting for a public hearing regarding a request from Loren P. Sayre for a variance from the required lot frontage and lot width to construct a single family dwelling. The Clerk read the notice of hearing along with the dates of publication. b. Manager Evans presented the staff report with the recommendation of approval of the 10 foot lot frontage variance and 15 foot lot width variance based on the following findings: 1. Strict enforcement of the ordinance would cause an undue hardship; 2. Approval of the requested variances would be in keeping with the intent and spirit of the ordinance; 3. Approval of the requested variances would be in keeping with the intent and spirit of the ordinance; 4. Approval of the requested variances would not grant a special priviledge not common to other structures or land in the area; 5. Lot to west is identical and built on. C. Chairman Axdahl presented the following Planning Commission recommendation: "Commissioner Prew moved the Planning Commission recommend to the Board of Adjust- ments and Appeals approval of the variance based on the following findings: - 1 - 6/21 1. Strict enforcement of the ordinance would cause an undue hardship; 2. Approval of the requested variances would be in keeping with the intent and spirit of the ordinance; 3. Approval of the requested variances would not be detrimental to the neighbor- hood or public welfare; 4. Approval of the requested variances would not grant a special privilege not common to other structures or land in the area; 5. Lot to west is identical and built upon. Commissioner Kishel seconded. Ayes - all. d. Mr. Sayre stated he plans on selling the property. e. Chairman Wiegert called for opponents. The following were heard: Mr. John Brandville, 2677 E. Midvale Place and Mr. Leo Zacho, 2689 Midvale Place objected to the variances. They feel construction on the lot will cause drainage problems. f. Chairman Wiegert called for proponents. None were heard. g. Chairman Wiegert closed the public hearing. h. Councilman Murdock moved to approve the variances as requested by Mr. Loren Sayre to construct a single family dwelling on the Ely 1/2 of Lot 21, Block 1, Midvale acres subject to the following: 1. Strict enforcement of the ordinance would cause an undue hardship; 2. Approval of the requested variances would be in keeping with the intent and spirit of the ordinance; 3. Approval of the requested variances would not be detrimental to the neigh- borhood or public welfare; 4. Approval of the requested variances would not grant a special privilege not common to other structures or land in the area; 5. Lot to west is identical and built upon; 6. Specific attention is to be directed to the drainage. Seconded by Mayor Greavu. Ayes - all. 2. Lakewood Drive and Ripley Avenue - Fulmek - 7:30 P.M. a. Chairman Wiegert convened the meeting for a public hearing regarding a re- quest of Mr. Daniel Fulmek for variance from the required lot width and side yard setback to construct a single family dwelling on a corner lot that does not meet code. 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 8 foot lot width variance and the 5 foot sideyard setback variance based on the following findings: 1. Strict enforcement of present lot width and setback requirements would cause an undue hardship; 2. The requested variances are compatible with the intent of the ordinance; 3. Approval of the requested variances would not grant a special privilege be- cause most of the corner lots in the neighborhood have substandard width and are built on; - 2 - 6/21 I 4. The Ripley Avenue right of way extends three feet further onto the site than is required. c. Chairman Axdahl presented the following Planning Commission recommendation: "Commissioner Kishel moved that the Planning Commission recommend to the Board of Adjustments and Appeals approval of the lot width variance and a five foot side yard setback variance based on the following: 1. Strict enforcement of present lot width and setback requirements would cause an undue hardship; 2. The requested variances are compatible with the intent of the ordinance; 3. Approval of the requested variances would not grant a special privilege because most of the corner lots in the nieghborhood have substandard width and are built on; 4. The Ripley Avenue right -of -way extends three feet further onto the site than is required. Commissioner Barrett seconded. Ayes - all." d. Chairman Wiegert called for proponents. None were heard. e. Chairman Wiegert called for opponents. None were heard. f. Chairman Wiegert closed the public hearing. g. Councilman Murdock moved to 8 foot lot width variance and a following: the request of Mr. Daniel Ful setback on 1. Strict enforcement of present lot width and setback requirements would cause an undue hardship; 2. The requested variances are compatible with the intent of the ordinance; 3. Approval of the requested variances would not grant a special privilege because most of the corner lots in the neighborhood have substandard width and are built on; 4. The Ripley Avenue right -of -way extends three feet further onto the site than is required. Seconded by Mayor Greavu. Ayes - all. ADJOURN11ENT 8:05 P.M. City Clerk - 3 _ 6/21