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ZBA-Minutes 18-1989CITY OF MUSKEGO r BOARD OF APPEALS MINUTES OF BOARD OF APPEALS MEETING HELD ON August 3, 1989. Chairman Gerald Fohr called the meeting to order at 7:30 P.M. PRESENT: - Chairman Gerald Fohr, Vice Chairman Thomas Berken, Lloyd Erno, Terry O'Neil, Donald Pionek and Director Gerald Lee. ABSENT: - Linda Koester and Daryl Rowinski. MINUTES: - Mr. Berken moved to approve the Minutes of June 22, 1989. Mr. Erno seconded. Upon a voice vote the motion passed unanimously. APPEAL 16-89 - ST. PAUL'S EVANGELICAL LUTHERAN SCHOOL Mr. Les Proeber and Mr. Elmer Heileman, Chairman of the Building Committee both of St. Paul's Evangelical Church were present and gave background information concerning their inquiries at the Building Inspection Department. Mr. Dave Miller of Anderson - Ashton stated that he inquired about building plan approval also and was told to follow State fire code requirements. Later they were told that the Tess Corners Fire Department required sprinklers, which they had not planned to install. They have no city water and are appealing because they feel their sprinklers would be worthless. Had they known all this initially, they would have planned differently. They did not budget for this expense. Fire Chief Phil Dibb stated that sprinklers are required in the new school addition and a monitored smoke detector in the new and old parts of the building. He felt that this would increase the firefighters' safety, as the sprinklers would keep the super heated gases down. The ordinance should be referred to as 616 Section 32.03. He felt that the Fire Department would supplement the sprinkler connection with one of their trucks. The Fire Department gave the church a variance to permit the existing structure not to be sprinklered, but in the new construction it would be easy to install pipes and the cost would be a lot less now as opposed to later. He feels the code is fair and _just compared to other communities. Mr. Pionek questioned the use of phone lines to the Fire Department. Chief Dibbs responded that the Police Department will not accept any direct lines, but they could go through a private alarm company, as they can test the system on a regular basis. Schools built before the ordinance do not have to be sprinklered. There haven't been any big buildings built since July 1988 that had to be sprinklered. There was some discussion concerning the amount of gallons per minute that could come out of the sprinklers. The DNR only allows three wells and they can't deepen their wells. Mr. Erno asked Mr. Lee if he had any Page 2, BOA Minutes 8/3/89 idea when city water would come through that area? Mr. Lee responded that there are no plans now. A petition to get service would have to be submitted based on contaminated wells, and then there would be a public hearing to discuss this matter. There was some discussion concerning the construction of the building being all masonry, having concrete floors, one -level ingress and egress with double exits and the fact that there isn't a basement. Chief Dibbs again reiterated his position concerning the best way to control the fire. _ There being no further questions, the discussion ended. APPEAL 17-89 ERNEST HUNT - Mr. Lee explained that this is a pie -shaped lot and the Plan Commission has approved it. Mr. Hunt stated that they will tear down the old 1 1/2 car garage and building a 2-car garage. He has contacted his neighbors and there is no opposition. APPEAL 18-89 GARY ROBRAHN - Mr. Lee stated that Mr. Robrahn doesn't need the OED zoning and the appeal should just read RS-2/OLS; RS-2 110' is the average width with lakeshore overlay is 2/3rds. Mr. Robrahn stated that the request is for 1' off the lot line. The front of the garage is at a crest and moves down toward the house. He'll remove the double outhouse. He noted that he had submitted a consent form to construct this new garage signed by neighbors. There was some discussion about the size the overhang and the clearance of the overhead power lines and the maintenance of the structure being so near the lot line. APPEAL 19-89 STEVE HEYER - Mr. Lee explained that they would like to build the kitchen ' out and are asking for a variance from the section of the Building Code. New houses built after 1980 now allow wood foundations. There was some discussion about the setback for the septic and sewer. Mr. Heyer stated that he has submitted forms to the County and State concerning this. Mr. Erno suggested that the addition be constructed using candilever construction and braces that go back to the existing foundation. He stated that his request is for treated 5"x6" posts. Mr. Erno suggested having the post foundation only come up to the top of the ground with concrete. APPEAL 20-89 JOHN ACKER Mr. Acker stated that he was building the home himself. The surveyor made a mistake on the survey showing a 35 1/2' setback variance and now he needs a variance to construct a home as the plans show. Mr. Lee stated that he didn't notice the surveyor's error. All subdivisions have different requirements. L' ,i -Page 3, BOA Minutes 8/3/89 -At this point Ald. Dave Sanders, who had been attending another meeting, requested to be -heard on Appeal 18-89-Robrahn. He favored the way the new garage would be constructed on the lot. -Ald. Bill Simmons, who had also been at another meeting, asked to -have an update on St. Paul's request. Mr. Lee stated that the ordinance needs re -writing by the Common Council's Rules and Laws Committee. There are so -many interpretations of the intent of .the ordinance. Mr. Fohr -questioned that it might be too strong for lots that aren't city watered. Mr. O'Neil said you have to remember the concern for the' safety of the firefighters. The Board took a five minute recess. The Board reconvened into open session. -APPEAL 16-89 There was a lengthy discussion concerning the -interpretation of the code and the enforcement for an area rrot.on city water. Mr. O'Neil moved to grant the schpol the .-"right to substitute Ord. #616, Section 32.13, as other automatic -Life-Safety Early Warning Equipment applies in this instance because the -sprinkler systems, due to the water supply could 'not be 100% functional nor adequate to fight the fire. Mr. Berken seconded. Upon a roll c411 vote the motion carried unanimously. APPEAL 17-89 After some discussion Mr. Pionek moved to approve the appeal as submitted. The hardship being the configuration of the -lot. Mr. O'Neil seconded. Upon a roll call vote the motion carried unanimously. APPEAL 18-89 There was some discussion concerning the offset variance, overhang and outdoor privy. Mr. Berken inoved-deny the appeal as submitted, but grant a 4'8" offset variance with the condition that the outdoor privy be removed upon completion of the garage and that the garage overhang not .exceed 12". The hardship being the width of the lot. Mr. O'Neil seconded. Upon a roll call vote the motion carried unanimously. APPEAL 19-89 After some discussion Mr. Er -no moved to approve the appeal for the post foundation to only come up to the top of the ground with concrete. The foundation for the post shall be concrete. The hardship being the location of the septic system. Mr. O'Neil seconded. Upon a roll call vote the motion -carried unanimously.-