Zoning Board of Appeals - MINUTES - 4/22/1999
APPROVED
CITY OF MUSKEGO
MINUTES OF APRIL 22, 1999
PRESENT: Chairman Terry O’Neil, Henry Schneiker, Mike Brandt, Dan Schepp, Dave Conley and Acting Plan
Director Dustin Wolff.
STATEMENT OF PUBLIC NOTICE: Secretary reported notice was given April 8, 1999, in accordance with
the Open Meeting Laws.
MINUTES: Henry Schneiker made the motion to approve the March 25, 1999, minutes as submitted. Dave
Conley seconded. Upon voice vote, motion carried.
OLD BUSINESS: Signing of decision letter for March meeting.
NEW BUSINESS: Appeal #03-99, James and Jill Pokorny, W207 S8144 Hillendale Drive,
Tax Key No. 2229.987. REQUESTING: Under the direction of Chapter 17 Zoning Ordinance: Section 17:3.08(1)
Appeal Provisions, Petitioner seeks the two (2) following variances:
1. Chapter 17--Zoning Ordinance: Section 5.02(3) 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 10.65 foot
variance to erect a principal structure (a single family residence) with a 3.67 foot offset from the north property
line. The Ordinance requires a 14.32 foot side yard offset per Section 17:5.02(3)A.1.
2. Chapter 17 Zoning Ordinance: Section 4.05(2)C.6: No detached private garage shall be erected, structurally
altered or relocated so that any roofed or enclosed portion thereof is closer than 10 feet to the principal building on
the lot. Petitioner seeks a 5.0 foot variance to construct an addition to the existing residence.
Zoned: RS-1, Suburban Residence District as modified by Section 17:5.02(3)A.1.
Mr. Schneiker administered an oath to Mr. and Mrs. Porkorny. Mrs. Porkorny questioned who made visits to her
site because she had not been notified prior to a visit as she requested. Mr. O’Neil stated it is the policy of the
board to visit without notifying the homeowner, however, he also did not go on the property. Mrs. Porkorny stated
they intend to build twenty-three feet back and even with the house to add on a family room and a bathroom. This
addition will be 3.66 feet from the north property line, keeping in line with the original house. The house was
built in 1949-50, the Porkorny purchased it ten years ago. Mr. Porkorny stated the hardship is the pre-exiting
location of the residence on the north lotline. The detached garage was built in the 1970’s. This property is
serviced by City water and sewer.
Acting Director of Planning Dustin Wolff stated this property received a discount on the offsets because of its size.
Mr. Wolff also remarked about the Kenosha Lawsuit that went before the Supreme Court regarding self imposed
hardship.
The question arose regarding moving the garage and placing the addition on the south. Mr. Porkorny stated that is
where the bedrooms are and the house does not flow that way.
DELIBERATION: Mr. Brandt made a motion to approve the variance as submitted. Mr. Schneiker seconded.
Upon roll call vote motion carried, 5 - 0.
ADJOURN: With no further business to come before this board, Mr. Schepp made a motion to adjourn at 8:00
BOA 4/22/99
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P.M. Mr. Conley seconded. Upon voice vote, meeting was adjourned.
Respectfully submitted,
Susan J. Schroeder
Recording Secretary