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HomeMy WebLinkAbout05.01.80 Board of Appeals and Adjustments MINUTES OF MAPLEWOOD BOARD OF ADJUSTMENTS AND APPEALS 7:30 P.M., Thursday, May 1, 1980 Council Chambers, Municipal Building Meeting No. 80-4 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 9:16 P.M. by Chairman Nelson. B. ROLL CALL Earl L. Nelson, Chairman Present Norman G. Anderson Present Gary W. Bastian Present John C. Greavu Present Frances L. Juker Present C. APPROVAL OF MINUTES 1. Minutes of Meeting No. 80-4 (March 6, 1980) Councilperson Juker moved that the Minutes of Meeting No. 80-4 (March 6 1980) be approved as submitted. Seconded by Councilman Anderson. Ayes - all. D. PUBLIC HEARINGS 1. Variance: I-494 West of Century Avenue - 8:00 P.M. a. Chairman Nelson convened the meeting for a public hearing regarding the request of Keith Libby to construct at least one house (preferably three) on a land locked parcel of land located southeast of I 494. The Clerk stated the hearing notice was in order and noted the dates of publication. b. Manager Evans presented the staff report with the following recommendation: Approval of the variance to construct one house on the site, based on the findings that: 1. There has been a hardship caused the applicant, because the acquisition of the abutting land to the south by Ramsey County Open Space, has substantially reduced the feasibility of developixxg a public street into the applicant's property; 2. The spirit and intent of the ordinance will be met if the applicant provides a paved driveway along the existing right-of-way and agrees to maintain it. Approval is subject to the following conditions: - 1 - 5/1 1. The applicant shall install a paved driveway on the existing right-of-way to the specifications of the City Engineer; 2. The applicant shall sign an agreement to maintain the drive to City Standards, including snow plowing. This agreement shall be recorded to run with the property; 3. Construction of any additional homes on this property must meet current requirements for platting. c. Commissioner Lorraine Fischer presented the following Planning Commission recommendation: "Commissioner Pellish moved the Planning Commission recommend to the Board of Adjustments and Appeals approval of the variance to construct one house on the site, based on the findings that: 1. There has been a hardship caused the applicant, because the acquisition of the abutting land to the south by Ramsey County Open Space, has substantially reduced the feasibility of developing a public street into the applicant's property; 2. The spirit and intent of the ordinance will be met if the applicant provides a paved driveway along the existing right-of-way and agrees to maintain it. Approval is subject to the following conditions: 1. The applicant shall install a paved driveway on the existing right-of-way to the specifications of the City Engineer; 2. The applicant shall sign an agreement to maintain the drive to the City Stand- ands, including snow plowing. This agreement shall be recorded to run with the property; 3. Construction of any additional homes on this property must meet current requirements for platting. Commissioner Whitcomb seconded. Ayes - all." d. Mr. Keith Libby, the applicant, spoke in favor of the proposal. e. Chairman Nelson called for persons who wished to be heard for or against the proposal. The following area residents expressed their concerns and opinions: Mrs.Ledo, speaking for herself and the William Harrisons; Another resident on Century Avenue spoke. f. Chairman Nelson closed the public hearing. g. Councilman Anderson moved approval of the request of Mr. Libby to construct three houses on a land locked parcel subject to the following conditions: 1. The applicant shall install a paved driveway on the existing right-of-way to the specifications of the City Engineer; 2. The applicant shall sign an agreement to maintain the drive to the City Stand- ards, including snow plowing. This agreement shall be recorded to run with the property. If applicant does not maintain the drive, he shall be assessed if City forces are used. If the drive is expanded to a City Street the appli- cant forgoes any previous agreements. 3. Construction of any additional homes on this property must meet current requirements for platting. - 2 - 5/1 Seconded by Councilperson Juker. Ayes - all. 2. Variance: Ripley Avenue 8:15 P.M. a. Chairman Anderson convened the meeting for a public hearing regarding the request of Forest Lawn Memorial Park Association for two corner lots for a variance to create 3 single dwelling lots for the construction of single dwellings. The Clerk stated the hearing notice was published and was in order. b. Manager Evans presented the staff report subject to the following recommend- ation: Approval of the two corner lot variances and lot divisions, subject to the following conditions: 1. Payment of the required cash connection charge; 2. Dedication of 10 feet on the east side of lot C for the widening of Edgerton Street; 3. Construction of a four foot wide asphalt path on the east side of lot C. The applicant shall deposit a cash escrow or letter of credit for 150% of the estimated cost with the Director of Public Works, to assure construction of the path; 4. Driveway access for lot C shall be restricted to Ripley Avenue. _ c. Commissioner Lorraine Fischer presented the following Planning Commission recommendation: "Commissioner Fischer said these lot widths appear to be adequate enough that building placement can be made with no additional setback variances required. The Planning Commission therefore recommends to the Board of Adjustments and Appeals approval of the two corner lot variances subject to the following conditions: 1. Payment of the required cash connection charge; 2. Dedication of 10 feet on the east side of lot C for the widening of Edgerton Street; 3. Construction of a four foot wide asphalt path on the east side of Lot C. The applicant shall deposit a cash escrow or letter of credit for 150% of the estimated cost with the Director of Public Works, to assure construction of the path; 4. Driveway access for lot C shall be restricted to Ripley Avenue. Commissioner Ellefson seconded." d. A representative of Forest Lawn Memorial Park Association, Mr. Arthur Ready, spoke on behalf of the request. e. Mayor Greavu called for proponents. None were heard. f. Mayor Greavu called for opponents.. None were heard. g. Mayor Greavu closed the public hearing. h. Chairman Nelson moved to approve the request of Forest Lawn Memorial Park Association for variances to construct single family dwellings on three lots subject to the conditions given in the staff report. Seconded by Councilman Anderson. Ayes - all. - 3 - 5/1 3. Variance: Adele and Fenton a. Manager Evans stated on March 1, 1979, the City Council considered the two variances described in the enclosed staff report dated January 31, 1979. Council tabled action on the two variances until such time as a feasibility study for streets and utilities in the area is completed. A copy of the Council minutes are also presented. b. Con¢nissiioner Fischer presented the Planning Commission recommendation. c. Mr. Peter Dicke, the applicant, spoke on behalf of his request. d. Mayor Greavu moved to approve the lot front variance on the basis that there is noreasonor-piiblicpurpoSe forconstructing Fenton Street and approve the variahce to construct a-home on an unimporved street based on the reason the Council did not order the Adele Street im rovement. Seconded by Councilman Anderson. Ayes - Mayor Greavu, Councilmen Anderson and Bastian. Nays - Chairman Nelson and Councilperson Juker. E. ADJOURNMENT 10:50 P.M. City Clerk i I - 4 - 5/1