Zoning Board of Appeals- -Minutes - 8/23/2001
ZONING BOARD OF APPEALS MINUTES APPROVED
CITY OF MUSKEGO
AUGUST 23, 2001
PRESENT: Terry O’Neil, Vice Chairman Henry Schneiker, Mike Brandt. Barbara Blumenfield, Dave
Conley, Horst Schmidt and Assistant Plan Director Dustin Wolff.
ABSENT: Chairman Dan Schepp
STATEMENT OF PUBLIC NOTICE: Secretary reported notice was provided in accordance with the
Open Meeting Laws.
NEW BUSINESS:
APPEAL #04-2001 Petitioner: Shan Mason Residence: W190 S7066 Wentland Drive Tax Key No.
2180.949 REQUESTING: Under the direction of Chapter 17 Zoning Ordinance: Section 3.08(1) Appeal
Provisions, Petitioner seeks the following variances:
Chapter 17—Zoning Ordinance: Section 4.05(2) Permanent Structures E. Walks, drives, paved
terraces and purely decorative garden accessories such as pools, fountains, statuary, flag poles, etc.,
where subject to "permanent structure" classification shall be permitted in setback and offset areas but
not closer than 3 feet to an abutting property line other than a street line. An offset of 3-feet is required
from the south property line. The petitioner seeks an offset of zero (0) feet from the south property line
to permit the construction of a driveway, and is therefore requesting a 3-foot variance from the south
property line.
Zoned: RS-3/OLS, Suburban Residence District as modified by the Lakeshore Overlay
APPEAL #05-2001 Petitioner: James Leonard III Residence: W190 S7082 Wentland Drive / Tax Key
No. 2180.950 REQUESTING: Under the direction of Chapter 17 Zoning Ordinance: Section 3.08(1)
Appeal Provisions, Petitioner seeks the following variances: Chapter 17—Zoning Ordinance: Section
4.05(2) Permanent Structures E. Walks, drives, paved terraces and purely decorative garden
accessories such as pools, fountains, statuary, flag poles, etc., where subject to "permanent structure"
classification shall be permitted in setback and offset areas but not closer than 3 feet to an abutting
property line other than a street line. An offset of 3-feet is required from the north and south property
lines. The petitioner seeks an offset of zero (0) feet from the north and south lot lines to permit the
construction of a driveway, and is therefore requesting a 3-foot variance from the north and south
property lines.
Zoned: RS-3/OLS, Suburban Residence District as modified by the Lakeshore Overlay
Vice Chairman Henry Schneiker stated Appeal #-04-2001 and Appeal #05-2001 requested the two be
heard together. There was no objection from the Board. Mr. O’Neil administered the oath to Shan
Mason and James Leonard III.
Mr. Mason stated that the hardship is his garage faces south while the road travels north and south and
he is unable to get car into the garage. Mr. Mason stated it is a safety issue having his vehicles inside
the garage. He believes he has improved the aesthetics of the neighborhood.
Mr. Leonard stated he lives next to Mr. Mason, there is a “T” intersection with a narrow road without No
Parking signs and it is a safety issue to keep his truck and car off the road. Prior to the concrete
driveway his basement was flooded out continuously; since the driveway, the water has been diverted to
the lake.
Dr. Blumenfield asked how long Mr. Mason and Mr. Leonard have lived at this location. Mr. Leonard has
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been there for 17 years and Mr. Mason built a new home at this location 7 months ago. Mr. Mason
stated he was not aware he needed a driveway permit as he obtained his occupancy in winter and the
driveway was not discussed.
Assistant Plan Director Wolff stated Mr. Mason’s lot itself is legal non-conforming as it is only 50 feet in
width. The Mr. Leonard’s property is also classified as legal, non-conforming for the same reason. In
addition, there is a legal, non-conforming 1-½ car garage located approximately 10-feet from the
Wentland Drive roadway. The properties otherwise meet all bulk requirements outlined in the Zoning
Code.
The City does not restrict the width of a driveway, except when the Public Works Department must install
a culvert. As such, the only regulation is the 3-foot separation between the driveway and the lot line.
Staff recognizes that many of the narrow properties around the lake are paved from lot line to lot line in
order to maximize their off-street parking areas (typically for lake related items, i.e.-boats) and to
increase turning radii for side entry garages.
While many lake properties require many variances in order to construct a residence and garage with
functionality, Mr. Mason has met all the bulk requirements (setbacks, offsets, FAR, and open space
required) during construction. Further, the side entry garage allows for a longer driveway to provide
more off-street parking than would a traditional, front-entry garage. However, due to the property being
17-feet narrower than is required by Code, there is a practical difficulty in complying with the Code, and
the pavement for the driveway was installed to the lot line to increase the turning radii in the garage.
Mr. Leonard’s lot, and particularly the pre-existing location of the structure does not allow for off-street
parking in front of the garage. In order to provide off-street parking, the petitioner paved the areas to the
north and south of the garage to the lot line. The parcel is 17-feet narrower than is required by Code,
and as such, there is a pre-existing condition of the structure location and substandard lot size which
results in a practical difficulty in complying with the Code.
DELIBERATIONS
Mr. David Conley made a motion to approve both appeals as submitted. Mike Brandt seconded. Upon
roll call vote, motion carried unanimously.
APPROVAL OF THE MINUTES: Dr. Blumenfield made a motion to approve the minutes from May 24,
2001 meeting. Terry O’Neil seconded. Upon voice vote, motion carried.
ADJOURNMENT: With no further business to come before this board, Horst Schmidt made a motion to
adjourn at 7:30 P.M. Dr. Blumenfield seconded. Upon voice vote, meeting was adjourned.
Respectfully submitted,
Susan J. Schroeder
Recording Secretary