Zoning Board of Appeals- - Minutes 12/08/1988r
CITY OF MUSKEGO
BOARD OF APPEALS
MINUTES OF BOARD OF APPEALS MEETING HELD ON 12/08/88.
Chairman Gerald Fohr called the meeting to order at 7:30 P.M.
PRESENT: - Chairman Gerald Fohr, Thomas Berken, Lloyd Erno, Terry
O'Neil Donald Pionek and Director Gerald Lee.
ABSENT: Linda Koester and Darryl Rowinski.
MINUTES: Mr. Berken moved to approve the Minutes of October 27,
1988. Mr. Erno seconded. Upon a voice vote the motion carried.
Chairman Fohr stated that he has received a letter of resignation
from Carol Nievinski.
APPEAL 21-88 - JIM TAYLOR Mr. Taylor appeared before
the Board to request a 2 1/2' offset variance; 17' setback
variance; 2 1/2' separation variance; 6 1/2' height variance to
construct a garage and rec. room. Mr. Lee stated that it is
zoned RS3/OLS and stated that Mr. Taylor would in fact need a 5'
offset variance. The separation variance is the distance between
the principle building and the garage and the ordinance states
that there can be a 10'separation between the garage and the
principle building. In regard to the height for the rec. room
above the garage, it cannot exceed 15' (it is separated by a fire
wall). Mr. Lee said that a neighbor of Mr. Taylor has connected
a breezeway to the house and got extra height with a 2-story
garage in that manner. Mr. Taylor was asked if he could get into
the garage without backing towards the street and go head first
toward the street? It was mentioned that perhaps some of the
existing chain link fence would have to come down to accomplish
this. Mr. Taylor was asked if he could attach the garage to his
house by means of a breezeway or if he planned in the future to
do so? It was also mentioned that Mr. Taylor could attach the
garage at the enclosed porch area of the house. Mr. Taylor
explained that the enclosed porch area is now kitchen living
space and windows would be affected. It was suggested that Mr.
Taylor put the garage on the lake side of the property. Mr.
Taylor explained that the area has a retaining wall, patio doors
and the yard doesn't lend itself to garage construction very
well.
APPEAL 22-88 - POBLOCKI & SONS CO. Mr. Lee stated that
our office had received a call stating that Poblocki & Sons
wished to have their appeal postponed until our January 26, 1989
meeting in regard to their request for a variance for their
additional signage at St. Francis Savings & Loan.
Page 2
Board of Appeals, 12/08/88 Minutes
APPEAL 23-88 - RONALD PEUSE Mr. Peuse appeared before
the Board to request a offset variance to allow an existing
driveway to remain within the offset area. Attorney Tom
Glembocki was also present. He stated that Mr. Peuse had an
existing gravel driveway in 1978 and had located stakes; the
stakes were moved when Hwy. 36 was widened. Mr. Peuse hired a
surveyor and found that his neighbor was encroaching on his
property. Mr. Lee stated that he found the surveyor stake from
1987. Mr. R.J. White, a neighbor at S99 W12953 Loomis Road, was
present and stated he lived west of Mr. Peuse and if he was to
sell his property, there would be a discrepancy in the lot
line. It was mentioned that Mr. Peuse's driveway is completely
on his own lot line presently. Mr. Peuse paved the driveway in
1978 and thought he was paving 3' from the lot line. Mr. White
said that he told Mr. Peuse where the stakes were, wrote a letter
to the Building Inspection Office questioning the 3' offset for
the driveway.
APPEAL 24-88 - GAIL PENEGOR Mrs. Penegor appeared
before the Board to request a 24 square foot size variance to
install a flat wall sign. Charlie Kowalski, who was representing
Unique Sign Imaging was also present and stated that Mrs.
Penegor's sign would be the same color scheme as her Inch By Inch
business in Hales Corners and it will be single faced matching
Mr. Damaske's sign. Mr. Lee stated that Damaske's sign is so
large, there is little room for Inch by Inch's sign. Mr. Lee
stated that the Plan Commission gave architectural approval, but
felt too much signage was on this size of wall. Mr. Lee
questioned whether Mr. Fitzgerald, who wrote the lease with Mrs.
Penegor, could request Mr. Damaske to make his sign smaller?
The Board of Appeals remained in open session.
APPEAL 21-88 Mr. O'Neil stated that there is no space
for the garage adjoining the screen porch since it is living
area. Mr. Berken expressed his concern about the large size of
the garage and being so close to the road. Mr. O'Neil moved to
postpone the decision on this request for one month to allow for
an on -site inspection to see where the garage would be placed and
plans could be submitted. Mr. Fohr seconded. Upon a voice vote
the motion carried.
APPEAL 22-88 Mr. Fohr moved to postpone the decision
an this appeal for one month. Mr. Berken seconded. Upon a voice
vote the motion carried.
Page 3
Board of Appeals, 12/08/88 Minutes
APPEAL 23-88 After some discussion Mr. Erno moved to
approve the appeal as submitted. The hardship is the pre-
existing condition and the driveway does not encroach on the
neighbor's property. Mr. Berken seconded and the motion carried.
APPEAL 24-88 After some discussion Mr. O'Neil moved to
approve the appeal with the condition that when the sign
lettering is changed, the sign must be down sized. The hardship
being that there are several businesses in one building, and the
square footage allowed is not enough for all occupants. Mr. Fohr
seconded and the motion carried.
ADJOURNMENT: Mr. moved to adjourn at 8:30 P.M. Mr. Fohr
seconded and the motion carried.
Respectfully Submitted
Cheryl Schmidt
Recording Secretary
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