Zoning Board of Appeals - Minutes - 12/5/2002
ZONING BOARD OF APPEALS MINUTES
CITY OF MUSKEGO
DECEMBER 5, 2002
Meeting was called to order at 7:02 P.M.
PRESENT: Chairman Dan Schepp, Vice Chairman Schneiker, Dr. Blumenfield, Mr. Horst Schmidt, Mr.
Harvey Schweitzer, Mr. Steve Whittow and Assistant Plan Director Dustin Wolff.
ABSENT: Mr. Kashian
STATEMENT OF PUBLIC NOTICE: The Secretary stated the meeting was noticed on November 22,
2002, in accordance with Open Meeting Laws.
NEW BUSINESS: APPEAL #06-2002 Petitioner: Tim Joyce, W203 S10434 North Shore Drive/Tax Key
No. 2286.990, 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 5.02
Building Location (1) Location Restricted: No building shall be hereafter erected, structurally altered or
relocated on a lot except in conformity with the following locational regulations as hereinafter specified for
the district in which it is located.
The property is zoned RS-2, Suburban Residence District. An offset of 15-feet is required from the south
property line. The petitioner seeks an offset of 6.21-feet from the south property line to allow the
construction of an addition to the existing detached garage, and is therefore requesting a 8.79-foot
variance from the south property line.
Vice Chairman Schneiker administered the oath to Mr. Joyce, Mr. Kozma, and Mr. Vidmar. Mr. Joyce
explained that he is requesting a variance to build an addition on the existing two-car garage for storage
purposes. He chose to add on to the existing garage because it would not affect the woodlands on his
property. Mr. Joyce stated that if he extended the garage out the back it would be to close to the existing
pool.
Sean Vidmar of W203 S10412 North Shore Drive stated he was not opposed to the addition and feels it is
better to keep storage inside.
Kurt Kozma of W203 S10456 North Shore Drive stated he was opposed to the structure. Mr. Kozma
feels Mr. Joyce is over the amount of space available for storage. Mr. Kozma also explained Mr. Joyce
did not take out a permit for the addition and also destroyed woodlands by putting in a slab for parking.
Mr. Joyce stated stone was already along side the garage when he moved in.
Mr. Wolff gave the City’s opinion. Mr. Wolff stated the City has identified much of the appellant’s property
to be in the Conservation Plan to have ecological significance worth protecting. Staff supports the
variance due to this extraordinary circumstance. The structure is not viewable from the other properties
and is not a detriment to neighboring properties. The property owner could put a structure in the middle
of the woods and would not need a variance, but is not a goal of the City to destroy woodlands. If this
variance would be approved, staff recommends a management plan be developed by the property owner
and the Conservation Coordinator to improve the quality of the wooded area. The work was started
before obtaining a building permit, and the appellant will be charged triple permit fees.
DELIBERATIONS:
APPEAL #06-2002 Dr. Blumenfield moved for approval of Appeal 06-2002, granting a 8.79-foot exception
from the south lot line to allow the construction of the proposed addition as submitted before the Board on
ZBA Minutes
12/5/2002
Page 2
December 5, 2002, to the existing detached garage due to the extraordinary circumstance in complying
with the Zoning Code and land conservation goals of the City. Mr. Schneiker stated he feels there is no
real hardship present. Dr. Blumenfield noted there is an extraordinary circumstance related to this
property and feels the property owners showed a willingness to work with the City and the Conservation
Plan goals. This approval is conditioned upon the property owner working with the City’s Conservation
Coordinator to establish a management plan for the wooded area of the property. Mr. Schneiker
seconded. Upon roll call vote Appeal 06-2002 was approved 4-1 with Mr. Schweitzer voting the no.
APPROVAL OF THE MINUTES: Mr. Schmidt moved to approve the minutes from August 15, 2002.
Seconded by Mr. Schneiker. Upon voice vote, motion carried.
MISCELLANEOUS: None
ADJOURNMENT: With no further business to come before this board, Mr. Schmidt moved to adjourn.
Dr. Blumenfield seconded. Upon voice vote, meeting adjourned at 8:03 PM.
Respectfully Submitted,
Kellie Renk, Recording Secretary