Zoning Board of Appeals - MINUTES - 10/27/2005
ZONING BOARD OF APPEALS MINUTES
CITY OF MUSKEGO
OCTOBER 27, 2005
Meeting was called to order at 7:07 P.M.
PRESENT: Chairman Dan Schepp, Mr. Horst Schmidt, Dr. Russ Kashian, Mr. William Le Doux and
Associate Planner Adam Trzebiatowski.
EXCUSED: Vice Chairman Schneiker and Dr. Blumenfield.
STATEMENT OF PUBLIC NOTICE: The Secretary stated the meeting was noticed on October 21, 2005,
in accordance with Open Meeting Laws.
NEW BUSINESS: APPEAL #08-2005 Petitioner: Michael Birkley, W144 S7931 Durham Dr/Tax Key No.
2213.984. REQUESTING under the direction of Chapter 17 Zoning Ordinance: Section 3.08(1) Appeal
Provisions, Petitioner seeks the following variance: Chapter 17- Zoning Ordinance: Section 6.03
Conditional Uses (1)A. Appeal Required: Uses listed as permitted by conditional grant may be permitted
in the district in which listed upon petition for such grant to the Plan Commission and subject to the
approval of the Plan Commission and to such other conditions as hereinafter designated.
A conditional use grant was denied for the above-mentioned property on September 6, 2005, for the
operation of a Tree Service/Landscape business. The petitioner is seeking an appeal regarding the Plan
Commission denial of the Conditional Use Grant. Detailed descriptions are available for the public
inspection in the Planning Department. All interested parties will be given an opportunity to be heard.
Chairman Schepp noted for the record the petitioner, Mr. Birkley, submitted a letter requesting this item
be deferred to the next meeting, as his Attorney has not had time to review this petition.
DELIBERATIONS:
APPEAL 08-2005 – Mr. Schmidt moved to accept the petitioner’s request to defer Appeal 08-2005
to the next meeting. Seconded by Mr. Le Doux. Dr. Kashian requested more notice on the request to
defer. Mr. Trzebiatowski explained he referred this issue to the City’s Attorney. The Attorney
recommended the Board meet and make the decision to defer. Mr. Trzebiatowski requested the
opportunity to give the City’s opinion of this petition. The Board decided to wait to hear the City’s opinion
until the Petitioner’s Attorney was present. Upon a roll call vote Appeal 08-2005 is deferred 4-0.
APPROVAL OF THE MINUTES: Mr. Schmidt moved to approve the minutes of September 22, 2005.
Seconded by Mr. Le Doux. Motion carried 3-0.
MISCELLANEOUS:
1. Discuss validity determination of Appeal submittals. – Mr. Trzebiatowski explained there was a
question of if the petitioner’s submittal does not meet the requirements of the Board, should there
be a hearing. After discussing this with the City’s Attorney, it is recommended that the Board
meet to make that decision.
2. Note: The November Board of Appeals meeting will not be held on November 24, 2005 because
of the Thanksgiving Holiday. There will be a joint November/December meeting held on
December 1, 2005.
ADJOURNMENT: With no further business to come before this Board, Mr. Schmidt moved to adjourn.
Mr. Le Doux seconded. Upon voice vote, meeting adjourned at 7:20 PM.
Respectfully Submitted,
Kellie Renk, Recording Secretary