ZBA-Minutes 13-1989CITY OF MUSKEGO
BOARD OF APPEALS
MINUTES OF BOARD OF APPEALS MEETING HELD ON JUNE 22, 1989.
Chairman Gerald Fohr called the meeting to order at 7:30 P.M.
PRESENT: - Chairman Gerald Fohr, Vice Chairman Thomas Berken,
Terry O'Neil, and Zoning Officer Gerald Lee.
ABSENT: - Lloyd Erno, Linda Koester, Donald Pionek, and Daryl
Rowinski.
MINUTES:
After some discussion concerning Mrs. White's request
for a change in the 12/8/88 minutes for Appeal 23-88, Mr. Berken
made a motion to amend the 12/8/88 Board of Appeals Minutes to
read "turn -around" instead of driveway. Mr. O'Neil seconded and
the motion carried to amend the minutes. The recording secretary
was requested to send Mrs. White a copy of the 12/8/88 amended
minutes.
Mr. Berken moved to adopt the minutes of the May 25,
1989 meeting. Mr. O'Neil seconded and the motion carried with a
voice vote.
APPEAL 13-89 - JOHN INGERSOLL Mr. Ingersoll appeared
before the board to request a setback variance and a 1 foot
size variance to install a new freestanding sign in B-3 zoning.
He stated that this sign would replace the old sign for Ray's
Garage. The 30 square foot sign will follow the design of the
facade. Mr. Lee gave Mr. Ingersoll a copy of an affidavit to use
as a model to state he will remove his sign at his own expense
since it is in the right-of-way if County Hwy. "L" is widened.
APPEAL 14-89 - JOHN GROH Mr. Groh appeared before the
Board to request a setback variance from Preston Lane as the
topography at the rear of the lot prohibits a normal setback in
the RS-3 zoning. He has two lots for two single-family ranch
homes. Mr. Fohr questioned Mr. Groh as to whether he was
requesting variance for both Parcels A & B? Mr. Groh stated that
he was. Eugene Sobczak, a neighbor was present and wanted to
know if Mr. Groh intends to backfill the creek and whether the
DNR have been notified? Mr. Lee responded that the DNR have not
been contacted and there is no reason to contact them at this
time. Mr. Sobczak stated that he is worried about the cliff and
erosion problems. Mr. Groh said he wanted these variances to
build closer to the road and avoid building near the bluff.
Chairman Fohr asked Mr. Lee what requirements there were to build
on the bluff? Mr. Lee responded that they must submit a plan, be
2' above the 100 year flood, build a retaining wall and prevent
soil erosion. It would be well regulated.
Page 2, Bd. of Appeals Minutes 6/22/89
APPEAL 15-89 - LARRY CHMIELEWSKI - Mr. Chmielewski
appeared before the Board to appeal the City Council's denial of
legal lot status to create an additional residential lot in the
RS-3/OED zoning. Mr. Lee gave the members some background on
this matter. Both the Plan Commission and the Council denied
legal lot status. Mr. Chmielewski stated he wishes to sell the
property as two separate lots. There is an existing house on one
lot and the house on the other lot would have to be a 2-story
with 1200 square feet. Diane Bronkella, a neighbor was present
to voice her opposition to this legal lot status, since she feels
the house would have a road on three sides. Steve Olson, a
neighbor felt it would add to the congestion in the area. Mr.
Peroles, a neighbor expressed concern about the vision on the
corner being blocked. Dion Chapman, a neighbor stated that the
houses are too close already. Mr. Lee commented that we have to
get back to the issue. Mr. Chmielewski responded that he didn't
feel there was a vision problem, the street was a one-way
street. He felt he bought his land with the understanding that
he could build a house on it at a later date.
The Board remained in Open Session.
APPEAL 13-89 After some discussion Mr. Fohr moved to
approve the appeal as submitted granting the applicant, Mr.
Ingersoll, a 27' setback variance and a 1 square foot size
variance to install a new freestanding sign. The hardship being
the pre-existing sign and the location of the building. Mr.
O'Neil seconded. Upon a voice vote the motion carried.
APPEAL 14-89 After some discussion Mr. O'Neil moved to
approve the appeal with the following conditions: That Mr. Groh
notify the new owners of the lot that this variance is only for a
period of 1 year from the date this variance is granted
(6/22/89). The hardship being the topography at the rear of the
lot. Mr. Berken seconded. Upon a voice vote the motion carried.
APPEAL 15-89 After some discussion Mr. Berken moved to
deny the appeal, thereby upholding the Council's denial of legal
lot status to create an additional residential lot. Mr. O'Neil
seconded. Upon a voice vote the motion carried.
There was some discussion concerning the Board members'
absences and the problem getting a quorum for the meetings.
ADJOURNMENT: Mr. Berken moved to adjourn at 9:15 P.M. Mr. O'Neil
seconded and the motion carried unanimously upon a voice vote.
rW-1
Respectfully Submitted
Chery Schmidt
Recording Secretary