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HomeMy WebLinkAbout09.06.79 Board of Appeals and AdjustmentsMINUTES OF MAPLEWOOD BOARD OF ADJUSTMENTS AND APPEALS 7:30 P.M., Thursday, September 6, 1979 Council Chambers, Municipal Building Meeting No. 79 -10 A. CALL TO ORDER A meeting of the Maplewood Board of Adjustments and Appeals was held in the Council Chambers, Municipal Building and was called to order at 10:49 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. Minutes of Meeting No. 79 -9 (June 21, 1979) Councilman Murdock moved that the Minutes of Meeting No. 79 -9 (June 21 1979) be approved as submitted. Seconded by Councilman Anderson. Ayes -all. D. PUBLIC HEARINGS 1. Variance - Kenwood Drive, South of Skillman Avenue - Hennen - 8 :15 P.M. a. Chairman Wiegert convened the meeting for a public hearing regarding the request of Hennen Development, Inc. for a lot width and lot area variance to construct a single family residence on Lot 17, Block 11, Parkside No. 2 Addition. The Clerk noted the dates of publication of the hearing notice. b. Manager Evans presented the staff report with the recommendation of approval of the 15 foot lot width variance and 608 square foot lot area variance, based on the following: 1. Strict enforcement of the ordinance would cause an undue hardship and deny the Applicant a right previously granted to other property owners in the area. 2. Approval of the variance would be in keeping with the intent and spirit of the ordinance. 3. The density of the surrounding area would not exceed the density proposed for the area by the Land Use Plan. 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 15 foot lot width variance and 608 square foot lot area variance based on the following: - 1 9/6 1. Strict enforcement of the ordinance would cause an undue hardship and deny the applicant a right previously granted to other property owners in the area since substantial surrounding homes are built on less than 10,000 square foot lots; 2. Approval of the variance would be in keeping with the intent and spirit of the ordinance; 3. The density of the surrounding area would not exceed the density proposed for the area by the Land Use Plan. Commissioner Pellish 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. Mayor Greavu moved to quested by Hennen Develop an undersized lot (Lot 17 Seconded by Councilman Nelson. the lot area and lot . to construct a sin Ayes - all. 2. Variance - Harvester - Sterling - Feist - 8:30 P.M. the a. Chairman Wiegert convened the meeting for a public hearing regarding the re- quest of Mr. Peter C. Feist, 950 Ferndale Avenue, to construct a single family dwelling on a corner lot that requires a lot frontage variance and a rear yard setback variance. The Clerk noted the dates of publication of the hearing notices. b. Manager Evans presented the staff report with the following recommendation: I. Approval of the corner lot frontage variance for Lot A based on the findings that: a. The dimensions of Lot A are in character with the neighborhood, since all corner lots along the south side of Harvester east of Lot A are 80 feet wide; b. Denial of the variance would cause the property to become unbuildable. II. Denial of the rear yard setback on the basis that the house can be moved up five feet without the variance. Approval is subject to the following conditions: 1. Prior to the issuance of the building permit, an acceptable grading and drain- age plan shall be reviewed and approved by the City Engineer; 2. Any easements found necessary by the City Engineer shall be dedicated to the City and shall be subject to approval by the City Attorney; 3. Owner and applicant agree to the above conditions in writing. c. Chairman Les Axdahl presented the following Planning Commission recommendation: "Commissioner Prew moved that the Planning Commission recommend to the Board of Adjustments and Appeals approval of the two variances as outlined under the re- - 2 - 9/6 commendation of the staff's memorandum dated August 2, 1979 and including the following conditions: 1. Prior to the issuance of a building permit, an acceptable grading and drainage plan shall be reviewed and approved by the City Engineer. 2. Any easements found necessary by the City Engineer shall be dedicated to the City and shall be subject to approval by the City Attorney. 3. Owner and applicant agree to the above conditions in writing. Commissioner Kishel seconded. Ayes all." d. Chairman Wiegert called for proponents. None were heard. e. Chairman Wiegert called for opponents. The following were heard: Mr. Charles Brix, 968 No. Sterling Avenue. f. Chairman Wiegert closed the public hearing. g. Councilman Murdock moved to approve the corner lot frontage variance and the rear yard setback variance as requested by Mr. Peter C. Feist to construct a single family dwelling on Lots 8 and 9, Block 7, Bartelmy Acres Second Addition as recommended by the Planning Commission. Seconded by Councilman Nelson. Ayes - all. D. ADJOURNMENT 11:02 P.M. City Clerk - 3 - 9/6