Zoning Board of Appeals - MINUTES - 10/28/1999
BOARD OF APPEALS APPROVED
CITY OF MUSKEGO OCTOBER 28, 1999
Meeting was called to order at 7:00 P.M.
PRESENT: Chairman Dan Schepp, Vice Chairman Henry Schneiker, Terry O’Neil, Mike Brandt,
and David Conley.
ABSENT: Chris Wiken
STATEMENT OF PUBLIC NOTICE: Secretary reported notice was given on October 14, 1999,
in accordance with the Open Meeting Laws.
APPROVAL OF MINUTES OF THE SEPTEMBER 30, 1999 MEETING: Mike Brandt made a
motion to approve the minutes as presented. Henry Schneiker seconded. Upon voice vote, motion
carried.
OLD BUSINESS: Signing of decision letters for the September 30, 1999, meeting.
NEW BUSINESS: Appeal #13-99 Petitioner: Steven Bulski, Residence: S69 W17629 Wildwood
Drive. Tax Key No. 2176.085 REQUESTING: Under the direction of Chapter 17 Zoning
Ordinance: Section 17:3.08(1) Appeal Provisions, Petitioner seeks the following variances: Chapter
17—Zoning Ordinance: Section 4.05(2)C.4. Permanent Structures: No detached private garage shall
have a floor area greater than 60% of the floor area of the principal building on the lot. Chapter 17—
Zoning Ordinance: Section 5.08 Existing Substandard Lots: Where a lot has less land area or width
than required for the district in which it is located and was of record at the time of the passage of this
Ordinance, such lot may be used for any purpose permitted in such district, subject to the regulations
governing substandard lots set forth under sec. 18.28; provided, however, that in no case shall the
setback, or offset requirements be reduced except by order of the Board of Appeals after due hearing,
or as otherwise herein provided. The open space requirements in the case of such lot may be reduced
without appeal provided the open area is equal to at least 75% of the actual lot area. Petitioner
requires a 125 square foot accessory structure size variance to permit construction a 24’ x 32’
detached garage on an existing legal non-conforming residence. The Ordinance limits the secondary
garage structure to 643 SF. Petitioner seeks a 1,200 square foot (17.8%) variance from the open area
requirement to construct a detached garage. The Ordinance requires 6,730 square feet of open area.
Zoned: Rs-3/OED, Suburban Residence District as modified by the Existing Development Overlay.
Mr. Steven Bulski was sworn in by Henry Schneiker. Mr. Bulski stated his lot size is typical for the
area, however, the house is “cottage-style” and has no basement. As such, there is very little storage
area within the home and the attic was already converted to a bedroom by the previous owner.
Currently, there is no garage on the site, but a concrete slab exists where a garage would be located.
Mr. Bulski provided a list of the surrounding properties with detached garages which exceed the Code
requirements. In addition, his truck was broken into about a year ago and his carpentry tools were
stolen from his truck.
Mr. Bulski stated his hardship is that his property platted and the residence constructed prior to the
establishment of the City’s Zoning Code. He stated that the proposed garage would fit on the
property within the required setbacks without necessitating a variance.
Assistant Planner Dustin Wolff concurred with petitioner. He has no control over the construction of
the existing house, and the new garage would fit on property. In addition, the slab is existing, as is
the long driveway, and therefore, no additional open space is removed. The open space variance is
requested to make the property legal and conforming. This request falls within requests granted for
previous variances and the neighbors also have large detached garages.
Appeal #14-99 Petitioner: Gerald Loebel, Residence: W181 S9134 Parker Road Tax Key No.
2241.997.001 REQUESTING: Under the direction of Chapter 17 Zoning Ordinance: Section
17:3.08(1) Appeal Provisions, Petitioner seeks the following variances: Chapter 17—Zoning
Ordinance: Section 5.02 Building Location: No building shall hereafter be erected, structurally
altered, or relocated so that it is closer to any lot line than the offset distance hereinafter specified by
the regulations for the district in which it is located. Petitioner seeks the following variances to permit
the subdivision of the property:
12’ front setback variance to permit a 63’ setback for the existing residence.
20.2’ offset variance to permit a 9.8’ offset for an existing detached garage.
19.9’ offset variance to permit a 10,1’ offset for an existing residence.
15.3’ offset variance to permit a 14.7’ offset for an existing shed.
16.6’ offset variance to permit a 33.4’ offset for an existing barn to house domestic
livestock.
The Ordinance requires a 75’ front setback, A 30’ offset on one side, a 30’ offset on all other sides,
and a 50’ foot offset for all structures housing domestic livestock. Zoned: A, Agricultural District.
Mr. Gerald Loebel was administered an oath by Henry Schneiker. Mr. Loebel stated he owns 7 acres
containing two homes, two garages, two barns and a couple of sheds. He would like to divide and sell
the front portion of the property. In 1998, he spoke with the previous City Planner Matt Sadowski
who helped divide the land as shown on the submitted petition. Mr. Loebel stated there will be no
new construction on these lots. There is a Conditional Use Permit on the barn to store vehicles, etc.
Mr. Loebel states hardship being he wants to maintain all the buildings and sell off a portion of his
property. The property had been for sale for a year and no one wants to purchase the whole parcel.
Mr. Wolff stated this land division was before the Plan Commission in October, 1998, obtaining
approval of a sketch land division which, in effect, states the Plan Commission is in approval of the
idea of subdividing the parcel as indicated and that both parcels appear to meet minimum zoning
requirements. However, a surveyor must provide parcel specific information illustrating compliance
with the zoning district (i.e. - setback, offset, square footage, lot width, etc.) prior to submittal of a
Certified Survey Map to divide the property. Mr. Wolff stated that per the Land Division Ordinance,
the City is not further obligated to approve the CSM if the district requirements are not satisfied.
Mr. Wolff stated staff feels that the hardship as expressed by the petitioner is self-imposed, and
represent an inconvenience to the petitioner. The property lines on the proposed CSM could be
reconfigured to meet the district requirements without necessitating a series of variances from the
Board. There are other options to dividing this property without requiring five variances, though the
alternatives may not be popular to the petitioner.
DELIBERATION:
Appeal #13-99 Terry O’Neil made a motion to approve the variance as submitted. David Conley
seconded. Upon roll call vote, motion carried. 5-0
Appeal #14-99 Terry O’Neil made a motion to approve as submitted on the condition upon no
future violation of offset or setback regulations. A lengthy discussion ensued regarding hardships and
potential alternative land divisions which would not require a variance. Upon roll call vote, motion
failed 3-2, Henry Schneiker and David Conley voting nay.
MISCELLANEOUS BUSINESS: Chairman Schepp requested a requirement be made that for all
property dimensional issues, setback and offsets that a survey or CSM accompany the request. After a
voice vote, all member concurred with the request.
ADJOURNMENT: With no further business to come before this board, Henry Schneiker made a
motion to adjourn. David Conley seconded, motion carried. Meeting adjourned at 8:55 P.M.
Respectfully submitted,
Susan J. Schroeder
Recording Secretary