Zoning Board of Appeals - MINUTES - 12/10/1998
BOARD OF APPEALS MINUTES
CITY OF MUSKEGO
DECEMBER 10, 1998
CALL TO ORDER: Vice Chairman Schneiker called the meeting to order at 7:00 P.M.
PRESENT: Vice Chairman Henry Schneiker, Mike Brandt, Dan Schepp, William LeDoux, Kristy Rogers,
David Conely and Director of Planning Matt Sadowski.
ABSENT: Chairman O’Neal
STATEMENT OF PUBLIC NOTICE: Secretary reported notice was given November 25, 1998, in accordance
with Open Meeting Laws.
MINUTES: Dan Schepp made a motion to approve July 23, 1998, minutes as corrected. David Conely seconded,
upon voice vote, motion carried. Dan Schepp made a motion to approve August 27, 1998, minutes as submitted.
David Conely seconded, upon voice vote, motion carried.
OLD BUSINESS: Signing of decision letters for the July 23, 1998 and August 27, 1998, meetings.
NEW BUSINESS: Appeal #11-98 Steven and Michael LeMaster, S69 W17898 Muskego Drive, Tax Key No.
2176.025 REQUESTING: Under the direction of Chapter 17 Zoning Ordinance: Section 17:3.08(1) Appeal
Provisions, Petitioner seeks the following two (2) variances: 1. Chapter 17--Zoning Ordinance: Section 5.02(2)
Building Location: No structure shall be erected, structurally altered or relocated on a lot except within conformity
with the district it is located. Petitioner seeks a 1.84 foot variance to erect a principal structure (a single family
residence) 25.66 from the Muskego Drive right-of-way line. The Ordinance requires a 27.5 foot setback per
17:5.02(2)B.1, 17:8.08(3) and 17:9.07(3). 2. Chapter 17 Zoning Ordinance: Section 5.07(1) Minimum Required
Open Space: No building shall be erected, structurally altered or relocated on a lot so as to reduce the usable open
area of such lot to less than that specified by the regulations for that district. Petitioner seeks a 1,395 square foot
variance to erect a principal structure (a single family residence) and driveway leaving 6,105 square feet of open
space. The Ordinance requires 7,500 square feet of open space per 17:5.07 (1), 17:8.08(5) and 17:9.07(5). Zoned:
RS-3/OED, Suburban Residence District with an Existing Development Overlay
Mr. Brandt administered an oath to Mr. Steven and Mr. Michael LeMaster. Mr. Steven LeMaster stated this is a
lot in an older area that has been unable to sell for two to three years. When they purchased the lot they were
informed that it is a buildable lot. Mr. Michael LeMaster stated there are neighbors on this block that are closer to
the road than what is being proposed. Also, the barn on this property will be removed. The neighbors have no
objections to the proposed house.
Plan Director Matt Sadowski explained the offsets and setbacks for this property, stating discounts have been given
to this lot because of the lot size and averaging granted because of the other homes on this street being closer to the
street lot lines. Also, Mr. Sadowski explained the open space area required in this district and the discounts
already given to this parcel.
Mr. LeDoux made a motion to accept Appeal 11-98 as submitted. Mr. Schepp seconded. After discussion it was
determined that other building designs could be developed which may conform to district requirements. As such
the Board finds no hardship. Upon roll call vote, motion was denied 6-0.
BOA 12/10/98
Page 2
ADJOURN: With no further business to come before this Board, Mr. Schepp made a motion to adjourn at 7:50
P.M. Mr. LeDoux seconded. Upon voice vote, motion carried.
Respectfully submitted,
Susan J. Schroeder, Recording Secretary