ZONING BOARD OF APPEALS MINUTES - 6/25/2009
Z ONING BOARD OF APPEALS MINUTES Approved
CITY OF MUSKEGO
JUNE 25, 2009
Meeting was called to order at 7:00 P.M.
Those in attendance recited the Pledge of Allegiance.
PRESENT: Chairman Dan Schepp, Dr. Russ Kashian Mr. William Le Doux, Mr. Aaron
Robertson, and Planner Adam Trzebiatowski.
ABSENT: Vice Chairman Henry Schneiker, Dr. Barb Blumenfield and Mr. Richard Ristow
STATEMENT OF PUBLIC NOTICE: The secretary stated the meeting was noticed on June 19,
2009 in accordance with open meeting laws.
NEW BUSINESS:
Appeal #02-2009 – Petitioner Diane Mews, S69 W14840-42 Cornell Circle / Tax Key No.
2167.017. REQUESTING: Under the direction of Chapter 17 Zoning Ordinance: Section 3.02
Zoning Board of Appeals, Petitioner seeks the following variance:
1. Chapter 17 - Zoning Ordinance: Section 6.02 Non-Conforming Parcels
(3) 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.
The minimum open space required for the property is 8,437.5 square feet (75% of the 11,250
square foot lot). The appellant is proposing to reconstruct an attached garage on to their
existing house, resulting in 67-percent (7,517 square feet) of the lot area being preserved as
open space, and is therefore requesting an 8-percent (920.5 square foot) variance to the Code
requirement.
Mr. LeDoux swore in Diane Mews, Richard Wolff, and Planner Adam Trzebiatowski. Ms. Mews
explained she has lived in this house for 23 years and has always had a garage. On April 25,
2009 her existing garage burnt down. Ms. Mews stated she bought the property with a garage
and would like to rebuild it as it was previously, before the fire. Ms. Mews stated the hardship is
being a lack of storage for personal belongings and vehicles.
Planner Trzebiatowski gave the City’s opinion based on the Zoning Code. Mr. Trzebiatowski
explained the petitioner is requesting to reconstruct their 24’ x 24’ attached garage that recently
burnt down. The property is located on the north end of Cornell Circle. The parcel is zoned PD-
3, Durham Meadows Planned Development District. The planned development allowed
reduced lot sized, but did not figure for open space requirements when planning. The minimum
open space requirement for the property is 8,437.5 square feet. The petitioner is requesting an
attached garage resulting in 67-percent of the lot area being preserved as open space and
therefore an 8-percent, 920.5 square foot, variance to the code requirement. Based upon the
information submitted, staff did find a valid hardship. Before the fire the property did have an
attached garage and concrete areas that were approved by the City. The garage that the
petitioners are requesting to replace is typical in size for a garage in Muskego. The hardship is
not self-imposed, due to the fire, and granting the variance is not contrary to the public interest.
Staff is recommending approval of Appeal 02-2009.
DELIBERATIONS
ZBA Minutes
6/25/2009
Page 2
Appeal #02-2009 – Mr. LeDoux moved to approve Appeal 02-2009 as submitted. Mr.
Robertson seconded. Mr. Le Doux stated that the hardship is everyone should be afforded
the right to have a garage and there would be an unnecessary burden to not allow the garage to
be rebuilt. Upon a roll call vote Appeal #02-2009 is APPROVED 4-0.
OLD BUSINESS: none.
APPROVAL OF THE MINUTES: Mr. Robertson moved to approve the minutes of March 26,
2009. Mr. Le Doux seconded. Upon a voice vote, minutes were approved unanimously.
MISCELLANEOUS – none.
ADJOURNMENT: With no further business to come before this Board, Mr. Le Doux moved to
adjourn. Mr. Robertson seconded. Upon voice vote, meeting adjourned at 7:15 PM.
Respectfully Submitted,
Kellie McMullen
Recording Secretary