ZONING BOARD OF APPEALSMINUTES - 7/23/2009
ZONING BOARD OF APPEALS MINUTES Approved
CITY OF MUSKEGO
JULY 23, 2009
Meeting was called to order at 7:07 P.M.
Those in attendance recited the Pledge of Allegiance.
PRESENT: Chairman Dan Schepp, Vice Chairman Henry Schneiker, Dr. Barbara Blumenfield,
Mr. Richard Ristow, Mr. Aaron Robertson, and Planner Adam Trzebiatowski.
ABSENT: Dr. Russell Kashian and Mr. William Le Doux
STATEMENT OF PUBLIC NOTICE: The secretary stated the meeting was noticed on July 17,
2009 in accordance with open meeting laws.
NEW BUSINESS:
1. APPEAL #03-2009
Petitioner: William and Erika Conner
Property: Vacant Lot on Garnet Drive / Tax Key No. 2174.948
REQUESTING: Under the direction of Chapter 17 Zoning Ordinance: Section 3.02 Zoning
Board of Appeals, Petitioner seeks the following variances:
1. 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 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 20-feet from the right-of-way/front lot
line to permit the construction of a new home, and is therefore requesting a 5-foot
variance from the right-of-way/front lot line.
2. 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.
An offset of 50-feet is required from the Ordinary High Water Mark (OHWM) on the
above mentioned lot. The petitioner seeks an offset of 40.53-feet from the OHWM to
permit the construction of a new home, and is therefore requesting a 9.47-foot variance
from the OHWM.
Chairman Schepp swore in William Conner, Walter and Debra Spitzer, Alderman Borgman, and
Planner Adam Trzebiatowski. Mr. Conner explained that the irregular shape of his lot makes it
difficult to put an average size house on the lot.
ZBA Minutes
7/23/2009
Page 2
Walter Spitzer, W182 S6565 Garnet Drive, stated that the lot is noncomforming and that Garnet
Drive is a small dead end street that is unlikely to be widened. He has no objections to the
variances.
Ald. Neil Borgman stated that the requested variances are reasonable and there is no reason to
deny this request.
Debra Spitzer informed the Board that this lot was previously open space used as a park for the
subdivision. Chairman Schneiker asked if the City set this parcel aside for green space.
Planner Trzebiatowski said it may have been the subdividers intent to use this parcel as open
space, but there is no official record of that.
Planner Trzebiatowski gave the City’s opinion based on the Zoning Code. Mr. Trzebiatowski
explained that the petitioner is requesting a 5 foot variance from the right-of-way/front lot line
and a 9.47 foot variance from the OHWM to construct a new home on this property. The
petitioners worked with the city and looked at all options. Based upon the information
submitted, staff did find a valid hardship. The existing shape of the lot (triangle) in conjunction
with the lake on one side and the street on the other side makes this a unique lot with increased
setbacks. The building pad is very limited and the size of the home they are asking for is not
overly large. Staff found it would be unnecessarily burdensome to not allow an average sized
home on this property. The hardship is not self-imposed, due to the existing conditions that were
already on this lot when it was first created. Staff is recommending approval of Appeal 03-2009,
items 1 and 2.
DELIBERATIONS
Appeal #03-2009 – Vice Chairman Schneiker moved to approve Appeal 03-2009, items 1
and 2, as submitted. Dr. Blumenfield seconded. Dr. Blumenfield stated that this is the most
unique property she has seen. The fact that the parcel exists and that they were allowed to buy
it in good faith thinking that a home could be built on the lot constitutes hardship along with the
configuration of the lot size and location of the lot. Upon a roll call vote Appeal #03-2009,
items 1 and 2, are APPROVED 5-0.
OLD BUSINESS: none.
APPROVAL OF THE MINUTES: Mr. Robinson moved to approve the minutes of June 25,
2009. Chairman Schepp seconded. Upon a voice vote, minutes were approved unanimously.
MISCELLANEOUS – none.
ADJOURNMENT: With no further business to come before this Board, Chairman Schepp
moved to adjourn. Mr. Robertson seconded. Upon voice vote, meeting adjourned at 7:32 PM.
Respectfully Submitted,
Sally Bukowski
Recording Secretary