Zoning Board of Appeals - MINUTES - 6/25/1998
CITY OF MUSKEGO
MINUTES OF JULY 2, 1998
PRESENT: Chairman Terry O’Neil, Vice Chairman Henry Schneiker, Dan Schepp and William LeDoux. Also
present was Assistant Planning Director Carlos Trejo.
ABSENT: Michael Brandt, James Ross and David Conley.
STATEMENT OF PUBLIC NOTICE: Secretary reported notice was given June 12, 1998, in accordance with
Open Meeting Laws.
MNUTES: Mr. Schepp made a motion to approve the May 28, 1998, minutes as submitted. Mr. Schneiker
seconded. Upon voice vote, motion carried.
OLD BUSINESS: Signing of decision letters for the April, 1998 meeting was deferred to July 23, 1998.
NEW BUSINESS Appeal #07-98, Robert Scaffidi, W181 S7825 Valley Drive, Tax Key No. 2195.935
REQUESTING: Under the direction of Section 3.08 (1) Appeal Provisions, Petitioner seeks the following
variance: Chapter 17--Zoning Ordinance: Section 5.02 (3) A.1 Building Location: Offsets. No structure shall be
erected, structurally altered or relocated on a lot except within conformity with the district it is located. Petitioner
seeks a 3.7 foot variance to place a new accessory structure five (5) feet from the south property line. (zoning
requirement is discounted to 8.7 feet) Chapter 17--Zoning Ordinance: Section 4.05 (2) C.4, Accessory Uses and
Structures, Permanent Structures. Said regulation states that the total square footage of outbuildings should not
exceed 60% of the floor area of the principal building on the lot. Petitioner seeks a 132 square foot variance to
maintain a total of 740 square feet of accessory buildings. (zoning requirement is 608 s.f.)
Zoned: RS-3, Suburban Residence District
Mr. Schneiker administered an oath to Robert and Rosalie Scaffidi. Mr. Scaffidi explained he wishes to move the
garage closer to the lot line to allow a car to drive directly into the garage and not have the driveway adjacent to
the exit from the rear of the home for safety concerns. The house has no basement or attic and does not allow any
room for storage.
Carlos Trejo explained RS-3 requires 100’ width, this lot is only 87’ wide and an offset reduction is provided in the
ordinance to assist property owners utilize additional area of there property. The 60% rule allows a 608 square feet
for accessory buildings, petitioner is requesting a 132 square foot variance. There is an existing 8X8 storage shed
on the property. Mr. Trejo explained there are still other options available to the appellant, attaching the garage
and/or adding to the home. No hardship has been addressed to justify placing the garage closer to the lot line. The
safety issue can be addressed in several ways and do not justify a hardship in terms for the garage placement.
Mr. Scaffidi stated he was not aware that the City permits two (2) feet of overhang to extend in the offset areas, but
requested the 3.7 foot variance.
DELIBERATION:
APPEAL #7-98 Mr. Schepp made a motion to approve Appeal #7-98, as submitted. Mr. Le Doux seconded.
Discussion ensued over the justification for a hardship. Mr. Schepp amended his motion to accept the size
variance due to the lack of storage and the nonconformance of the house size as compared to the minimum zoning
requirement and to deny the offset due to lack of a hardship. Mr. Le Doux seconded the amendment. Upon roll
call vote, the amended motion carried, 4-0.
ADJOURN: With no further business to come before this Board, Mr. Schneiker made a motion to adjourn at 7:40
P.M. Mr. Schepp seconded. After a voice vote, the motion to adjourn carried.
BOA 06/25/98
Page 2
Respectfully submitted,
Susan J. Schroeder
Recording Secretary