Zoning Board of Appeals - MINUTES - 7/31/2003
ZONING BOARD OF APPEALS MINUTES
CITY OF MUSKEGO
JULY 31, 2003
Meeting was called to order at 7:05 P.M.
PRESENT: Chairman Dan Schepp, Dr. Barbara Blumenfield, Mr. Henry Schneiker, Mr. Horst Schmidt,
Mr. Steve Whittow and Assistant Plan Director Wolff.
ABSENT: Dr. Russ Kashian
STATEMENT OF PUBLIC NOTICE: The Secretary stated the meeting was noticed on July 25, 2003, in
accordance with Open Meeting Laws.
NEW BUSINESS: APPEAL #03-2003 Petitioner: Catherine Riddle, W184 S6674 Jewel crest Drive / Tax
Key 2174.142. 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 5.08
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 5,620 square feet (75% of the 7,494 SF
lot). The current open space is 265 square feet more than required, or 78.5-percent of the lot area
preserved as open space). The Appellant is proposing to install a paved driveway totaling 485 square
feet, resulting in 72-percent of the lot area preserved as open space, and is therefore requesting a 3-
percent variance to the Code requirement.
Mr. Schneiker administered the oath to Mrs. Riddle. Mrs. Riddle explained she would like a paved
driveway. She further explained her husband is in a wheelchair and it is hard for her to get the wheelchair
from the car to the house.
Mr. Wolff gave the City’s opinion. Mr. Wolff explained the petitioner constructed a new house last year.
The residence meets all the bulk requirements outlined in the Zoning Code, including open space.
Initially the drive was very large and included a walkway. The proposed drive is narrow at 16ft wide with
a paver brick walkway. Staff finds that there is practical difficulty in complying with all aspects of the Code
for this property due to its area being approximately 3,500 SF less than the District requirement. Mr.
Wolff noted there was a similar instance in April of this year that the Board approved exceptions to the
open space requirement.
Mr. Schepp questioned the house being built last year why they did not allow for the driveway. Mrs.
Riddle stated the builder that was hired did not take into consideration a driveway.
DELIBERATIONS:
APPEAL #03-2003- Mr. Schmidt moved to approve appeal #03-2003, to allow a 3-percent exception to
the open space area required for the property in order to install a paved driveway totaling 485 square
feet. Dr. Blumenfield seconded. Dr. Blumenfield stated the size of the property was a hardship and the
property owner should be allowed the same services as other properties. Dr. Blumenfield further stated
the Board has approved situations as this in the past and a paved driveway would benefit the waterways
by preventing sediment run off. Mr. Schmidt added a paved driveway would accommodate the additional
hardship of a wheelchair. Upon a roll call vote Appeal 03-2003 was approved unanimously.
APPROVAL OF THE MINUTES: Dr. Blumenfield moved to approve the minutes from June 26, 2003.
Seconded by Mr. Schneiker. Upon voice vote, motion carried.
MISCELLANEOUS: None
ZBA Minutes
7/31/2003
Page 2
ADJOURNMENT: With no further business to come before this board, Mr. Schmidt moved to adjourn.
Mr. Schneiker seconded. Upon voice vote, meeting adjourned at 7:25 PM.
Respectfully Submitted,
Kellie Renk,
Recording Secretary