ZBA-Minutes 22-1989CITY OF MUSKEGO
BOARD OF APPEALS
MINUTES OF BOARD OF APPEALS MEETING HELD ON August 24, 1989.
Vice -Chairman Thomas Berken called the meeting to order at
7:30 P.M.
PRESENT: - Vice -Chairman Thomas Berken, Terry O'Neil, Donald
Pionek, Daryl Rowinski and Director Gerald Lee
ABSENT: - Lloyd Erno and Chairman Gerald Fohr.
Note: Linda Koester informed Mayor Salentine that she had
resigned and, therefore, a replacement will have:to be appointed
by the Mayor to fill this vacancy.
MINUTES: Mr. Pionek moved to approve the Minutes of the August
3, 1989 meeting. Mr. O'Neil seconded. Upon a voice vote the
motion passed unanimously.
APPEAL 21-89 - Vice -Chairman Berken stated that Mr.
Schlabowske should state his case and hardship. Jan Schlabowske
gave some background information. He wishes to construct a 30' x
48' metal pole building and eliminate the fire wall, as he
intends to put in a security system and fie alarms to protect his
valuable automobiles. He needs enough space to park his antique
cars. A firewall would prevent this. He has a business in
Butler, as a licensed dealer and knows he can't operate a
business out of his home. He also needs a size variance to build
a structure that exceeds the allowable building size in relation
to the principle building and a variance to build a frame
constructed building exceeding 720 square feet.
Mr. Schlabowske owns all three lots, each of approximately 1 acre
and he has landscaped the area with several trees to create a
courtyard.
Mr. Lee stated that this home is in a residential district and
exceeded 240 square feet, which is subject to Plan Commission
approval. Mr. Schlabowske submitted his plans for Plan
Commission approval and was told he would need Board of Appeals
approval also. The Plan Commission approved his request for a
second garage structure at their meeting on 8/15/89 subject to
Board of Appeals granting the necessary variances.
Th@r@ being no further questions, the discussion ended.
APPEAL 22-89 - Vice Chairman Berken requested Mr. Mahoney
to state his case and hardship. Mr. Mahoney stated that he
intends to put a 768 square foot addition onto the west side of
the existing building (16'x24') for living space.
Page 2, Board of Appeals Minutes of 8/24/89
Mr. Lee stated that the house is non -conforming because of the
location. It is closer than 50' to the water. This ordinance
was created to protect the neighbor's view to the lake. In this
case the original house is higher and the addition will not block
the view from the lake. The porch is the non -conforming part of
the house. It is on a slab. He wants to add two bathrooms, a
kitchen and utility room. The house is vacant now. Mr. Richard
Retalaff, a neighbor stated he is not in opposition to this
addition. Mr. Ralph Zeman, a neighbor, stated he is not in
opposition either. Vice -Chairman Berken stated that the Board
members had received a letter from Ray Christenson, an ajoining
property owner, who said he is not in opposition to the request
to add 768 square feet to the existing structure. Mr. Rowinski
asked if it is standard to include the porch when figuring the
distance? Mr. Lee said yes.
There were no further questions and the discussion ended.
Mice -Chairman Berken moved to go into Closed Session pursuant to
Section 19.85 (1)(a) of the State Statutes for the purpose of
deliberating concerning cases which were the subject of
aquasidudicial hearing; said cases being the above listed
appeals. Mr. O'Neil seconded and the motion carried unanimously
upon a voice vote.
The Board reconvened into Open Session at 8:45 P.M.
APPEAL 21-89 - There was a lenghthy discussion regarding
the size of the structure , the firewall and the fact that he
needed a variance to remain 9' from the lot line. Mr.
Schlabowske owns 3 lots that could all be under one tax key
number and plans to construct the structure near the lot line of
one lot. Mr. O'Neil made the motion to grant the variance as
requested; the hardship being the need for additional storage of
personal belongings. The Board also granted a 9' offset
variance; the hardship being the configuration of the land. Mr.
Pionek seconded. Upon a roll call vote the motion carried
unanimously.
APPEAL 22-89 - After a brief discussion Mr. O'Neil made
a motion to grant the appeal as requested. The hardship being
the limited size of the existing dwelling and utilities. Mr.
Rowinski seconded. Upon a roll call vote the notion carried
unanimously.
ADJOURNMENT: Mr. Berken moved to adjourn at 9:00 P.M. Mr.
O'Neil seconded and upon a voice vote the motion carried
unanimously.
Respectfully Submitted
Cheryl Schmidt
/cs Recording Secretary
Dorotk4 anti Ray Christenson
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