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HomeMy WebLinkAbout10.01.81 Board of Appeals and Adjustments MINUTES OF MAPLEWOOD BOARD OF APPEALS AND ADJUSTMENTS 7:00 P.M., Thursday, October 1, 1981 Council Chambers, Municipal Building Meeting No. 81-9 A. CALL TO ORDER A meeting of the Maplewood Board of Adjustments and Appeals was held in the Council Chambersin the Municipal Building and was called to order at 8:08 P.M. by Chairman Bastian. B. ROLL CALL Gary W. Bastian, Chairman Present Norman G. Anderson Present John C. Greavu Present Frances L. Juker Present Earl L. Nelson Present C. APPROVAL OF MINUTES 1. Minutes of Meeting 81-5 (June 4, 1981) Councilperson Juker moved to approve the Minutes of Meeting No. 81-5 (June 4, 1951) as submitted. Seconded by Councilman Anderson. Ayes - all. 2. Minutes of Meeting No. 81-7 (July 2, 1981) Councilperson Juker movedto approve the Minutes of MeetingNo. 81-6 (July 2, 1981) as submitted. Seconded by Councilman Anderson. Ayes - all. 3. Minutes of Meeting No. 81-7 (July 16, 1981) Councilperson Juker moved to approve the Minutes of Meeting No. 81-7 (July 16, 1981) - as submitted. Seconded by Councilman Anderson. Ayes - all. 4. Minutes of Meeting No. 81-8 (August 6, 1981) Councilperson Juker moved to approve the Minutes of Meeti~No. 81_8 (August 6, 1981) as submitted. Seconded by Councilman Anderson. Ayes - a11. D. PUBLIC HEARINGS 1. Variance: 1280 Ripley Avenue a. Chairman Bastianconvened the meeting for a public hearing regarding the request of Mr. George Rettner, 1280 rip ley Avenue, for a sideyard setback - 1 - 10/1 variance for a garage addition. The C1erkstated thehearing notice was in order and noted the dates of publication. b. Manager Evans presented the staff report. c. Commissioner Dave Whitcomb presented the following Planning Commission re- commendation: "Commissioner Fischer moved the Planning Commission recommend to the Board of _ Adjustments and Appeals approval of the two-foot sideyard setback variance, on the basis that: 1. The other alternatives would create a hardship to the applicant. 2. The proposedaddition would not be detrimental to adjacent properties. Commissioner Kishel seconded.. Ayes a11." d. Mr. George Rettner, the applicant, stated he agreed with the staff recommend- ations and also that he will remove the building sheds. - e. Chairman Bastian called for proponents. None were heard. f. Chairman Bastian called for opponents. None were heard. g. Chairman Bastian closed the public hearing. h. Councilperson Juker moved to approve the two foot sideyard setback variance - as requested by Mr. George Rettner, 1280 Ripley Avenue, to construct a garage addition based on the staff and Planning Commission recommendation. Seconded by Councilman Anderson. Ayes - all. - 2. Variance-f :Pizza Time'Theatre 7:30 P.M. a. Chairman Bastian convened the meeting for a public hearing regarding the request of Pizza Time Theatre for approval of a parking variance of 18 spaces. The Clerk stated the hearing notice was in order and noted the dates of public- ation. b. Manager Evans presented the staff report. c. Commissioner Dave Whitcomb presented the Planning Commission recommendation: "Commissioner Kishel moved that the Planning Commission recommends to the Board of Adjustments and Appeals approval of the parking variance for the Pizza Time Theatre to have 18 fewer parking spaces than code requires, based on the finding that the spirit and intent of the Ordinance can be met. There would be cross utilization of parking spaces and varying peak hours of activity. Approval is conditioned on the restriping the parking lot with some compact spaces if in the opinion of the City Engineer a parking problem exists. Commissioner Pellishseconded. Ayes a11." d. Mr. Richard Schreier, 2125 Desoto Street, one of the owners ofthe property, - 2 - 10/1 stated he agrees with staff recommendation. e. Chairman Bastian called for proponents. None were heard. f. Chairman Bastian called for opponents. None were heard. g. Chairman Bastian closed the public hearing. h. Mayor Greavu moved to approve the request of Pizza Time Theatre for parkin - variance of 18 fewer spacesthan the code requires subject to the following recommendation: Approval of a parking variance for Pizza Time Theatre to have 18 fewer parking spaces than8ode requires; based on the finding that the spirit and intent of the ordinance can be met. There would be cross utilization of parking spaces and varying peak hours of activity. Approval is conditioned on restriping the parking lot with some compact spaces if a parking problem develops. Seconded by Councilman Anderson. Ayes - a11. 3. Variance: 1821 Howard Street 7:30 P.M. a. Chairman Bastian convened the meeting for a public hearing regarding a re- quest of R. George Lepsche, 1821 Howard Street, for a lot width variance and lot division to create two substandard lots - 65.44' x 250', The Clerk stated the hearing notice was in order and noted the dates ofpublication. b. Manager Evans presented the staff report. c. Commissioner Dave whitcombpresented the following Planning Commission re- commendation: - !'Commissioner Kishel moved the Planning Commission recommend to the Board of Adjustments and Appeals denial of the lot division and lot width variance request of 1821 Howard Street, on the basis that: 1. The request is not based upon circumstances unique to-the property, therefore, strict enforcement of the Code would not constitute an undue hardship. 2. A 65 foot wide lot is uncharacteristic of this block. Approval would be inconsistent with the intent of the Zoning Code to preserve the character of existing neighborhoods. 3. Approval would set a precedent for additional lots with substandard widths on this block. Commissioner Sletten seconded. Ayes - 8 Abstained - 1 (Commissioner Fischer)" d. Chairman Bastian called for proponents. None were heard. e. Chairman Bastian called for opponents. The following were heard: Mr. Russ Johnson, 1811 Howard Street Mr. Norris Swanburg, 1818 Howard Street Mr. Len Stottlemeyer, 1831 Howard Street - 3 - 10/1 f. Chairman Bastian closed the public hearing. - - g. Councilperson Juker moved to deny therequest of Mr. R. George Lepsche, 1821 Howard Street for a lot width variance on the basis that: 1. The request is not based upon circumstances unique to the property, therefore, strict enforcement of the Code would not constitute an undue hardship. 2. A 65 foot wide lot is uncharacteristic of this block. Approval would be inconsistent with the intent of theZoning Code to preserve the character of existing neighborhoods. 3. Approval would set a precedent for additional lots with substandard widths on this block. Seconded by Councilman Nelson. Ayes - a11. E. ADJOURNMENT 8:26 P.M. City Clerk - 4 - 10/1