Zoning Board of Appeals - Minutes - 5/23/2002
ZONING BOARD OF APPEALS MINUTES
CITY OF MUSKEGO
May 23, 2002
APPROVED
Meeting was called to order at 7:06 P.M.
PRESENT: Chairman Dan Schepp, Mr. David Conley, Dr. Barbara Blumenfield, Mr. Horst Schmidt and Assistant
Plan Director Dustin Wolff.
ABSENT: Vice Chairman Schneiker
STATEMENT OF PUBLIC NOTICE: The Secretary stated the meeting was noticed on May 16, 2002 in
accordance with Open meeting Laws.
Those present recited the Pledge of Allegiance.
NEW BUSINESS: APPEAL #03-2002 Petitioner: Rosa Catalano, S76 W18420 Kingston Drive / Tax Key No.
2195.007 REQUESTING: Under the direction of Chapter 17, Zoning Ordinance: Section 3.08(1) Appeal Provisions,
Petitioner seeks the following variances: Existing substandard Lots: 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.
Minimum open space for the property is required in the amount of 8,868 square feet (75% of the lot area). The
current open space is 1,727 square feet less than required, resulting in 60.4-percent of the lot area preserved as
open space. The Appellant is proposing to pave an additional 496 square feet of the lot for the installation of a pool
patio resulting in 56.2-percent of the lot area preserved as open space, and is therefore requesting an 18.8-percent
variance to the code requirement.
Dr. Blumenfield administered the oath to Marc and Rosa Catalano. Dr. Catalano explained they are requesting a
cement patio as recommended by the pool contractor. Dr. Catalano explained he chose not to use wood due to
maintenance and he did not want to use stone because of shifting and safety problems.
Mr. Wolff presented the City’s opinion. The Catalano’s built the largest home that could be built by code on the
parcel and did not take into consideration driveways or patios. The Planning Department determined that the
property already exceeds the total area of impervious surface allowed by Code. It was also determined that the
existing patio, sidewalk and driveway were installed without obtaining a permit. Staff is recommending the patio,
sidewalk be removed and the driveway allowed to remain which will require an 11% variance from the code. While
the proposed pool does not count as impervious surface the cement patio around the pool does. Therefore the
permit could not be approved by the Planning Department.
Dr. Catalano wished to again be recognized by the Chairman. Dr. Catalano stated the building inspectors had been
out to do inspections and nothing was said as far as the cement being a violation of the codes. He also stated he
was not aware of any additional permits that needed to be taken out, but understood the home builder was to pull all
the necessary permits. The Catalano’s explained they have a two-story structure on the patio that is attached to the
house, which they did receive a permit for. And if they are told to remove the concrete patio they could damage the
concrete the structure is built on.
Dr. Blumenfield explained the code exists to protect the lake. The more impervious surface on the property the
more water that runs off into the lake. A wood deck or stone with no mortar is not considered an impervious surface
and could be used around the pool. Dr. Blumenfield further explained that wanting to use concrete due to
maintenance or aesthetics does not constitute a hardship and the Board could not approve the proposal. Mr.
Conley stated the property could get full use without the pool because the pool is discretionary which then makes
the deck discretionary.
Chairman Schepp called for a recess at 7:41PM.
Chairman Schepp called the meeting back to order at 7:47 PM.
ZBA Minutes
5/23/02
Page 2
DELIBERATIONS:
APPEAL #03-2002 Mr. Conley moved to approve as submitted. Dr. Blumenfield seconded. After further discussion
Mr. Conley withdrew his motion and Dr. Blumenfield withdrew the second.
Dr. Blumenfield moved for approval in part of Appeal 03-2002 allowing an exception to the open space requirement
in the amount of 14% for the paved driveway and existing patio area and walkway to remain. Upon roll call vote the
motion was approved 4-0. Dr. Blumenfield explained that because of poor advice from past City staff at the time
the house was built the property owner should not be punished by having to remove the existing patio. Dr.
Blumenfield also stated that each petition that comes before the board is taken on a case-by-case basis and there
is no precedence to be set.
APPROVAL OF THE MINUTES: Dr. Blumenfield moved to approve the minutes from April 25, 2002 as submitted.
Seconded by Mr. Schmidt. Upon voice vote, motion carried.
MISCELLANEOUS: Mr. Wolff noted that there have been no replacements for the vacant seats on the Board.
ADJOURNMENT: With no further business to come before this board, Mr. Schmidt moved to adjourn. Dr.
Blumenfield seconded. Upon voice vote, meeting adjourned at 8:30 P.M.
Respectfully Submitted,
Kellie Renk
Recording Secretary