Zoning Board of Appeals- -Minutes - 10/25/2001
ZONING BOARD OF APPEALS MINUTES
CITY OF MUSKEGO
October 25, 2001 APPROVED 12/06/01
Meeting was called to order at 7:00 P.M.
PRESENT: Terry O’Neil, Barbara Blumenfield, David Conley, Mike Brandt, Horst Schmidt and
Assistant Plan Director Dustin Wolff.
ABSENT: Chairman Dan Schepp and Henry Schneiker,
STATEMENT OF PUBLIC NOTICE: The secretary stated the meeting was noticed in
accordance with Open meeting Laws.
NEW BUSINESS: APPEAL #07-2001 Petitioner: Dennis Paulson Residence: W136 S8432
Holz Drive / Tax Key No. 2211.034.001 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 4.03 STRUCTURES OTHER THAN BUILDINGS
Structures 6 inches or more in height: Structures not classified as buildings and 6 inches or
more in height from the surface of the ground shall be subject to the setback, offset, height and
open space requirements of this ordinance except as may be specifically otherwise provided.
An offset of 15-feet is required from the north property line, and an offset of 20-feet is required
from the east property line. The petitioner seeks an offset of 10.1 feet from the north property
line and 11.1 feet from the east property to allow the construction of a wood deck, and is
therefore requesting a 4.9-foot variance from the north property line and an 8.9-foot variance
from the east property line. The property is zoned RS-2, Suburban Residence District
Mike Brandt administered an oath to Dennis and Ondrea Paulson. Mr. Paulson stated they built
this home themselves with all the proper permits. They had intended to have a concrete patio,
however, the grade did not lend itself to that. Mr. Paulson proceeded to build a deck because
that would be the only level area his children would be able to play on.
Assistant Plan Director Wolff presented the City’s opinion: The lot itself is legal non-conforming
as it is 16,226 square feet where 20,000 SF is required. In April 2000, a permit for construction
was granted by the Building Department for a residence. The residence meets the zoning
requirements for the RS-2 District.
Upon conducting an inspection for the property, the Building Department identified a deck that
had been constructed without receiving the proper permits. The deck encroaches into the
required minimum offsets for the District. If the Appellant had applied for a building permit prior
to the commencement of construction, the City would have denied the permit as proposed.
Planning Staff believes that this is a matter of self-imposed hardship, and is not grounds for a
variance. At this time, the appellant now seeks forgiveness from the Board of Appeals rather
than alter the illegal, non-conforming structure to meet the Code requirements. While the offset
requirements are inconvenient, they do not constitute a hardship. Staff recommendation is
denial of Appeal 07-2001 due to lack of hardship or practical difficulty in complying with the
Zoning Code.
DELIBERATIONS: Dr. Blumenfield made a motion to deny Appeal #07-2001 as submitted due
to lack of hardship. Mike Brandt seconded. Upon roll call vote, Appeal #07-2000 was denied.
APPROVAL OF THE MINUTES: Mr. Conley moved to approve the minutes from September
27, 2001 as submitted. Mr. O’Neil seconded. Upon voice vote, motion carried.
ADJOURNMENT: With no further business to come before this board, Mr. Schmidt moved to
adjourn. Dr. Blumenfield seconded. Upon voice vote, meeting adjourned at 7:35 P.M.
Respectfully submitted,
Susan J. Schroeder
Recording Secretary