ZONING BOARD OF APPEALS - MINUTES - 12/4/2008
Z ONING BOARD OF APPEALS MINUTES unapproved
CITY OF MUSKEGO
December 12, 2008
Meeting was called to order at 7:04 P.M.
Those in attendance recited the Pledge of Allegiance.
PRESENT: Chairman Dan Schepp, Vice Chairman Henry Schneiker (7:06 PM), Mr. William Le
Doux, Mr. Richard Ristow, Mr. Aaron Robertson, and Planner Adam Trzebiatowski.
ABSENT: Dr. Barb Blumenfield and Dr. Russ Kashian
STATEMENT OF PUBLIC NOTICE: The secretary stated the meeting was noticed on
November 26, 2008 in accordance with open meeting laws.
NEW BUSINESS:
Appeal #02-2008 – Petitioner Joseph and Carol Graser, W186 S6754 Jewel Crest Drive / Tax
Key No. 2174.062. REQUESTING: Under the direction of Chapter 17 Zoning Ordinance:
Section 3.02 Zoning Board of Appeals, Petitioner seeks the following variance:
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.
A. A setback of 25-feet is required from the right-of-way/front lot line on the
above-mentioned lot. The petitioner seeks a setback of 11.01-feet from the
western (front) right-of-way line to permit the construction of a new attached
garage, and is therefore requesting a 13.99-foot variance from the western
(front) right-of-way line.
B. Due to the location of the existing non-conforming home, an offset of 2.32-fet
is required from the northern (side) lot line on the above-mentioned lot. The
petitioner seeks an offset of 2.29-feet from the northern (side) lot line to
permit the construction of a house addition, and is therefore requesting a
0.03-foot variance from the northern (side) lot line.
Mr. Schneiker swore in Joseph and Carol Graser and Planner Adam Trzebiatowski.
Mr. Graser explained the first request is the most important, which is the addition to the front of
the house for an attached garage. Currently there is a one-car garage that was built in the 40’s
and is too small for a truck to fit into. Mr. Graser stated he would like a garage where both the
car and truck can fit inside. The garage will be roughly 20-feet off the pavement edge. The
second request is for an addition to the back of the house for a dining room. The wall will
extend 18-feet out. Because the house is not parallel to the lot line it will be closer to the side
lot line and will require a .03-foot variance.
Chairman Schepp questioned what the hardship is for the property. Mr. Graser stated storage
of the vehicles and the position of the house on the lot are hardships. Mr. Graser added there is
no room to get around the house to the back of the property without going on the neighbor’s
property, and he would like to keep his belongings put away and out of sight.
Mr. Ristow stated he drove by the property and the proposed garage addition will be in line with
or farther back then the rest of the neighbors.
ZBA Minutes
12/4/2008
Page 2
Mr. Graser noted that the property is already nonconforming and the cost of materials can be
only 50% of the assessed value of the house and are concerned if they do too much remodeling
they will exceed that cost. Mrs. Graser added that the house was her parent’s house, which
they built, and she would like to save some of the original knotty pine materials that were used.
Planner Trzebiatowski gave the City’s opinion based on the Zoning Code. Mr. Trzebiatowski
explained the petitioner is requesting two variances for a new attached garage to the front of
their home and to add a new dining room to the rear of their home. The house is two stories
with a one car attached garage. Currently the house is non-conforming due to its location from
the side (northern) lot line. The petitioner is seeking a 13.99–foot variance from the western
(front) right of way line for the construction of a garage addition and a .03-foot variance from the
northern (side) lot line for the construction of a dining room addition. Based on the submitted
information, staff has not been able to find a valid hardship. There currently is a one-car garage
and two outbuildings that provide some storage for the property. There is also the option to
convert a portion of the existing house to garage space by enlarging/widening the existing
garage. This could be done without a variance.
Mr. Trzebiatowski further stated that the dining room addition can be constructed so that it does
not get closer to the side lot line than the existing home. There is plenty of space off the rear of
the home to make the dining room slightly narrower and deeper.
Based on the above information, City staff respectfully requests denial of Appeal 02-2008 (A.)
allowing a new attached two-car garage to be constructed with a variance of 13.99-feet from the
front (western) right of way line and (B) allowing a dining room addition off the rear of the house
with a .03-foot variance from the side (northern) lot line; citing that the variances do not preserve
the intent of the Zoning Ordinance because there are not exceptional conditions applying to the
parcel that do not apply to other properties, especially since there is already a garage on the
property and since the dining room addition can be designed and built without a variance.
Mr. Trzebiatowski clarified that because the house is already nonconforming the 50% rule
applies, which the materials that go into the structural improvements can not exceed 50% of the
current fair market value. Mr. Trzebiatowski noted this could be a future variance with or without
this variance being granted.
Mr. Graser restated his hardship for the garage addition is a lack of storage for his vehicles and
tools, and lack of access to the back yard, and aesthetics of his belongings being enclosed. Mr.
Graser noted that one option that Mr. Trzebiatowski mentioned was to move the garage into the
house, but there is a fireplace between the living room and family room and if the garage was
moved in there would only be 8-feet between the wall of the garage and the fireplace. Mr.
Graser stated he is only asking for what everyone else in the neighborhood has.
DELIBERATIONS
Appeal #02-2008 – Mr. LeDoux moved to approve as submitted. Mr. Ristow seconded.
Chairman Schepp stated the hardship for the garage addition being the lack of storage and lake
lots being narrow. Past cases have been granted for garages based upon the hardship of
storage. Mr. Ristow agreed and noted back when the area was platted not many people had
two cars or a need for a two car garage. Chairman Schepp added that along Jewel Crest all the
garages are close to the street. Mr. LeDoux stated that with the two-car garage all the
belongings could be enclosed and out of sight. Upon a roll call vote Appeal #02-2008 (A) is
approved 5-0.
ZBA Minutes
12/4/2008
Page 3
Mr. LeDoux stated the hardship for the dining room addition is the existing position of the
foundation of the house on the lot. Mr. Ristow noted that any additional changes could put the
owner over the 50% rule for materials. Mr. LeDoux added that the adjustments to make the site
lines and the roof-lines aesthetically pleasing are also a hardship. Mr. LeDoux noted that
overhangs of two feet are allowed within the setback and doesn’t see an issue with .03 of a foot.
Upon a roll call vote Appeal #02-2008 (B) is approved 4-1 with Mr. Schneiker voting no.
OLD BUSINESS: none.
APPROVAL OF THE MINUTES: Mr. Schmidt moved to approve the minutes of April 24, 2008.
Mr. LeDoux seconded. Minutes were approved unanimously.
Mr. LeDoux moved to approve the minutes of September 27, 2007. Chairman Schepp
seconded. Minutes were approved unanimously.
MISCELLANEOUS – Chairman Schepp referenced a newspaper article where the Supreme
Court is has relaxed the reasonable use on a property as it relates to zoning appeals. A copy
will be sent to all the members.
ADJOURNMENT: With no further business to come before this Board, Mr. Ristow moved to
adjourn. Mr. Robertson seconded. Upon voice vote, meeting adjourned at 8:00 PM.
Respectfully Submitted,
Kellie McMullen
Recording Secretary