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HomeMy WebLinkAbout09.18.80 Board of Appeals and Adjustments _ MINUTES OF MAPLEWOOD BOARD OF ADJUSTMENTS lu~D APPEALS 7:30 P.M., Thursday, September 18, 1980 Council Chambers, Municipal Building Meeting No. 80-5 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 9:11 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 No. 80-5 (August 21, 1980) Councilman Nelson moved that the Minutes of Meeting No. 80-5 (August 21, 1980) be ~ approved as submitted. I Seconded by Councilperson Juker. Ayes - all. i ~ D. PUBLIC HEARINGS i 1. Variance - Cope Avenue - Lenz - 8:00 P.M. a. Chairman Nelson convened the meeting for a public hearing regarding the request of Bryan Lenz to build a house on a land locked piece of property with substandard i frontage located north of the unimproved Cope Avenue right of way, between Craig Place and Germain Street. The Clerk noted the dates of publication and stated the hearing notice was in order. b. Manager Evans presented the staff report recommending denial of both variances. c. Chairman Les Axdahl presented the following Planning Commission recommendation: "Commissioner Kishel moved that the Planning Commission recommend to the Board of Adjustments and Appeals denial of both variances based on the following find- ings: 1. It has not been demonstrated that conformance to Code would cause undue hard- ship because of circumstances unique to the property 2. It has not been shown that the variances would be in keeping with the spirit ' and intent of the ordinance 3. Development of the lot at this time would be premature since Cope Avenue may be constructed, thereby precluding the need for the variance for unimproved street frontage. Also, since the adjacent lots are undeveloped, and of substantial lot width, it may be possible for the applicant to acquire an additional 15 feet of lot width to attain Code compliance. I 4. Approval would set a precedent for allowing additional homes to be built along this unimproved right-of-way. Commissioner Whitcomb seconded. Ayes all." d, Chairman Nelson called for proponents and opponents. The following were heard: Mrs. Charles Timmons, 1928 Castle Avenue - concerned about drainage Mrs. Lothar Gehrke, 1917 E, Cope Avenue, concerned about drainage. e. Chairman Nelson closed the public hearing. f, Mayor Greavu moved to deny both variances based on the following findings: ~ 1. It has not been demonstrated that conformance to Code would cause undue hard- ship because of circumstances unique to the property; 2, It has not been shown that the variances would be in deeping with the spirit 1 and intent of the ordinance; 3. Development of the lot at this time would be premature since Cope Avenue may _ be constructed, thereby precluding the need for the variance for unimproved street frontage. Also, since the adjacent lots are undeveloped, and of ~ substantial lot width, it may be possible for the applicant to acquire an additional 15 feet of lot width to attain Code compliance; I ~ 4. Approval would set a precedent for allowing additional homes to be built along this unimproved right-of-way. ~ Seconded by Councilman Anderson. Ayes - all. I g, Mayor Greaw moved to instruct staff to investigate the water drainage prob- lems in the Castle-Cope area. Seconded by Councilman Anderson. Ayes - all. 2. Variance - 1292 Kohlman Avenue - Wahlquist - 8:15 P.M. J a. Chairman Nelson convened the meeting for a public hearing regarding the request of Richard Wahlquist, 1292 Kohlman Avenue, for a lot area variance to create a residential lot. The Clerk noted the dates of publication of the hearing notice i and stated it was in order. b. Director of Public Safety Schaller presented the staff report recommending approval of the lot variance and the lot division. c. Chairman Les Axdahl presented the following Planning Commission recommendation: "Commissioner Sletten moved the Planning Commission recommend to the Board of royal of the roposed variances on the basis that: d A eals a P n tments a PP Adjus PP 1. The proposal is consistent with the Land Use Plan; 2. The proposal meets the intent of the zoning Code; 3. Requiring the relocation of the garage would constitute an undue hardship in this case; 4. Strict enforcement of the Zoning Code would not appreciably enhance the ~ _ 2 _ 9/18 livability or buildability of the proposed interior lot, Approval is contingent upon the following actions: 1. Payment of a cash connection charge for 15 feet of frontage along English Street; 2. A drainage plan for the proposed lot must be approved by the City Engineer prior to issuance of a building permit. (As a deed restriction). Commissioner Howard seconded. Ayes - all." i c. Mr. Wahlquist, the applicant, spoke on behalf of the proposal. 1 d. Chairman Nelson called for proponents and opponents. The following were heard: i Mr. Edward Casey, 2184 Kohlman Avenue, presented a lettet objecting to the proposal; Mr, Fred Huss, 1316 Kohlman Avenue, expressed his concerns. e. Chairman Nelson closed the public hearing. I f. Mayor Greavu moved to approve the lot area variance as requested by Richard Wahlquist for the property south of 1292 Kohlman Avenue based on the Planning Commission's recommendation. (Create a lot for construction of a single family residence 103` by 76'). ~ Seconded by Councilman Anderson. Ayes - all. I ~ E. ADJOURNMENT 9:40 P,M. City Clerk I i I i 1 J ~ ,