Zoning Board of Appeals - MINUTES - 1/28/1999
BOARD OF APPEALS MINUTES APPROVED
CITY OF MUSKEGO
JANUARY 28, 1999
CALL TO ORDER: Chairman Terry O’Neil called the meeting to order at 7:00 P.M.
PRESENT: Chairman Terry O’Neil, Vice Chairman Henry Schneiker, Dan Schepp, William LeDoux, Mike
Brandt, David Conley, Kristy Rogers, Assistant Planning Director Dustin Wolff and Planning Director Matt
Sadowski.
STATENT OF PUBLIC NOTICE: Secretary stated notice was given January 15, 1999, in accordance with Open
Meeting Laws.
MINUTES : Henry Schneiker made a motion to approve December 10, 1998, minutes as submitted. William
LeDoux seconded, upon voice vote, motion carried.
OLD BUSINESS: Signing of decision letters for the December 10, 1998, meeting.
NEW BUSINESS: Appeal #01-99, Andrew & Tracy Anderson, S69 W14891 Cornell Cr., Location of Appeal:
Northeast corner of Lannon Drive and South Lane (vacant lot)Tax Key No. 2198.014 REQUESTING: Under the
direction of Chapter 17 Zoning Ordinance: Section 17:3.08(1) Appeal Provisions, Petitioner seeks the two (2)
following variances: 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 4.0 foot variance to erect a principal structure (a single family residence) with a 32.00 foot setback from the
South Lane right-of-way line to match residence to the east. OR.. Petitioner seeks a 3.5 foot variance to erect the
same principle structure 10.5 feet from the rear lot line so that the ordinance required setback can be complied
with. The Ordinance requires a 36.0 foot setback and a 14.0 foot rear yard offset per Sections 17:5.02(2)B.1,
17:5.02(3)A.1. and 17:8.07(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 838 square foot variance to erect a principal structure (a
single family residence) and driveway leaving 14,162 square feet of open space. The Ordinance requires 15,000
square feet of open space per 17:5.07 (1) and 17:8.07(5).
Zoned: RS-2, Suburban Residence District as modified by Section 17:5.02(3)A.1..
Henry Schneiker administered an oath to Andrew and Tracy Anderson.
Mr. Anderson stated he decided he could work with the setback from South Lane after averaging the setback with
the surrounding homes, thus eliminating the first variance request; however, he feels it is unreasonable to not have
a concrete or asphalt driveway in order to maintain open space. His father has lived in the house next door since
1950’s and has a larger home with a driveway. This property is connected to sewer. The neighbor’s house was
built around 1971 and he did not obtain a variance.
Mr. Anderson also submitted a petition signed by his new neighbors stating they have no objections to a variance
being granted to this property.
Mr. Schneiker questioned why a two-story home could not be built within the confines of the open space. Mr.
Anderson stated the area is basically ranch style homes.
Mr. Schepp stated the variance requested would only be 185 square feet if the paved driveway was eliminated.
Mr. Anderson’s hardship is Mrs. Anderson had an accident in 1991 and is unable to climb stairs. The history of
this site is a hardship in itself. The subdivision was originated in 1950’s prior to the 1965 rules.
BOA 1/28/99
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Matt Sadowski stated the City has ordinance for legal non-conforming lots in the thought that someday people will
purchase vacant land to make the site conforming. Upon reviewing the file for the neighbor’s house built in 1971,
he was unable to locate that a variance had been granted for that residence to be built.
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DELIBERATION: William LeDoux made a motion to approve the variance as submitted and amended removing
the first request.. Dan Schepp seconded. Upon a roll call vote, motion carried unanimously.
MISCELLANEOUS BUSINESS: None
ADJOURN: With no further business to come before this Board, Mike Brandt made a motion to adjourn. Dave
Conley seconded. Upon voice vote, motion adjourned at 8:00 p.m.
Respectfully submitted,
Susan J. Schroeder
Recording Secretary