ZONING BOARD OF APPEALS MINUTES - 8/27/2009
ZONING BOARD OF APPEALS MINUTES approved
CITY OF MUSKEGO
AUGUST 27, 2009
Meeting was called to order at 7:03 P.M.
Those in attendance recited the Pledge of Allegiance.
PRESENT: Vice Chairman Henry Schneiker, Dr. Barbara Blumenfield, Mr. William Le Doux, Mr.
Aaron Robertson, and Planner Adam Trzebiatowski.
ABSENT: Chairman Dan Schepp, Dr. Russell Kashian, and Mr. Richard Ristow
STATEMENT OF PUBLIC NOTICE: The secretary stated the meeting was noticed on August
21, 2009 in accordance with open meeting laws.
NEW BUSINESS:
1. APPEAL #04-2009
Petitioner: Joseph Clarke (on behalf of St. Paul’s Lutheran Church)
Property: S66 W14325 Janesville Road / Tax Key No. 2165.972
REQUESTING: Under the direction of Chapter 17 Zoning Ordinance: Section 3.02 Zoning
Board of Appeals, Petitioner seeks the following variances:
Chapter 17 - Zoning Ordinance: Section 5.03 - Building Height
(1) MAXIMUM HEIGHT RESTRICTED
In any district no building or structure shall be hereafter erected or
structurally altered to a height in excess of that hereinafter specified
by the regulations for that district, except as may be modified by this
Code.
A height limit of 30 feet is in place on the above mentioned lot. The petitioner seeks a
height of 33.5 feet to permit the construction of a new gym onto the school building on
this property, and is therefore requesting a 3.5-foot variance from the height limit
regulation.
Dr. Blumenfield swore in Pastor Peter Panitzke, Joseph Clarke (of Groth Design Group), and
Planner Adam Trzebiatowski. Mr. Clark explained they are requesting the minimum height
requirement for a standard high school gym, which clears 25 feet in height inside. This would
require a 3 ½ -foot variance to the height restriction. The actual building height will be slightly
less, but they wanted to allow for any construction inaccuracies. Pastor Panitzke added that
they currently have a middle school sized gym and as part of an outreach to the community
would like to have a gym for high school and adult leagues. Pastor Panitzke noted there is a
sports need within the community.
Planner Trzebiatowski gave the City’s opinion based on the Zoning Code. Mr. Trzebiatowski
explained the submittal is for an addition onto St. Paul’s school located on Janesville Road.
Plan Commission has recently approved classroom additions, gym, foyer improvements and
site improvements, subject to Board of Appeals approval for a 3.5-foot variance due to the
height of the gym exceeding the code requirements. The parcel is zoned I-1 - Government,
Institutional, and Public Service District, which limits the building heights to 30-feet. Mr.
Trzebiatowski noted that the HC-1 zoning district, which this property would be if it were not a
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8/27/2009
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church or school, allows a height limit of 35-feet and would then meet the code. Mr.
Trzebiatowski explained this request is not contrary to the public interest and staff has received
letters from two neighbors stating they have no problems with the submittal. Mr. Trzebiatowski
explained further that the view of the gym from the road drops down 11-feet and does not
appear as high as it actually is. Staff is recommending approval of Appeal 04-2009 and feels
there are valid hardships for the requested variance. The 35-foot height limit would typically
apply to this area and it is not unreasonable to allow the same height for this property. It would
be unnecessarily burdensome to not allow a current standard sized gym as part of the
site/building improvements. The hardship is not self-imposed due to the current gym standards
and the zoning required for a church/school. The granting of the variance is not contrary to the
public interest and may enhance the public interest by providing a space for community
recreation activities.
DELIBERATIONS
Appeal #04-2009 – Dr. Blumenfield moved to approve Appeal 04-2009, as submitted. Mr.
Le Doux seconded. Dr. Blumenfield explained she will be supporting this request because of
the discrepancies between districts and the fact that the petitioners are doing something positive
for the community. Dr. Blumenfield added that there are two letters from neighboring property
owners that have no objection to this appeal. Mr. Robinson stated that he felt it was best for
him to abstain from voting since he is a friend with one of the pastors and they serve on a City
service club together and wants to avoid any perceived conflict of interest. Upon a roll call
vote, Appeal #04-2009 was APPROVED 3-0-1 with Mr. Robertson abstaining.
OLD BUSINESS: None.
APPROVAL OF THE MINUTES: Dr. Blumenfield moved to approve the minutes of July 23,
2009. Vice Chairman Schneiker seconded. Upon a voice vote, minutes were approved
unanimously.
MISCELLANEOUS: None.
ADJOURNMENT: With no further business to come before this Board, Dr. Blumenfield moved
to adjourn. Mr. Robertson seconded. Upon voice vote, meeting adjourned at 7:20 PM.
Respectfully Submitted,
Adam Trzebiatowski
Recording Secretary