ZBA-Minutes 25-1989CITY OF MUSKEGO
BOARD OF APPEALS
MINUTES OF BOARD OF APPEALS MEETING HELD ON SEPTEMBER 28, 1989.
Chairman Gerald Fohr called the meeting to order at 7:30 P.M.
Chairman Fohr introduced the new Board of Appeals member, Mrs.
Bonnie Posbrig, who replaces Linda Koester.
PRESENT: - Chairman Gerald Fohr, Vice Chairman Thomas Berken,
Lloyd Erno, Mr. Pionek, Mr. Rowinski, Mrs. Posbrig and
Director Gerald Lee.
ABSENT: Mr. Terry O'Neil.
MINUTES: Mr. Berken moved to approve the Minutes of the August
24, 1989 meeting. Mr. Rowinski seconded. Upon a voice vote the
motion passed unanimously.
APPEAL 23-89 FARMERIE - Chairman Fohr requested Mr.
Farmerie state his case and hardship. Mr. Farmerie stated that
he plans to construct a new home with an attached garage on a
vacant lot, but a triangular portion of the garage would go
beyond the setback. He has obtained signatures of the neighbors
in the immediate area, who indicated they have no opposition to
this request. His hardship would be the preservation of the
trees. Mr. Lee said that this lot is in RS-3 zoning and he
explained the required setbacks and the request for the 10'
variance from the 25' front setback requirement. This is a dead-
end street and can't be extended. There are other existing
structures that are closer to the road. Ms. Glenda Holm, a
neighbor spoke in support of the preservation of the trees for
several reasons. As lake dwellers, they all use the lake shore
as their front yard. The street side is used primarily for
parking. By saving these trees, there would be a better lake
view for the houses adjoining this new house. The house would be
setback and would enable the area to be kept "Lake Like". There
was some discussion about the setbacks and whether Lake Drive
would be extended. Mr. Lee responded that Lake Drive wouldn't be
extended; there is a turn around provided with full dedication.
There being no further discussion, the appellant was informed he
could call the Building Inspection Office in the morning for a
decision or wait for the decision to be mailed to him within 5
days.
APPEAL 24-89 CLARK OIL & REFINING CORP. - Chairman Fohr
requested the appellant state is case and reason for hardship.
Mr. Gene Lindberg stated they intend to replace the old canopy,
the building will stay intact, new tanks will be installed, the
dumpster enclosed with cedar. Mr. Lee explained how the 18'
variance setback for the installation of a new canopy was
determined. Clark Oil is only asking for a corner of the new
canopy to be considered for the variance, as the rest of the
Page 2, Bd. of Appeals 9/28/89 Minutes
canopy meets the code requirements. Mr. Lindberg said there will
a change in the islands and pumps to enable the traffic to flow
better, plus they will offer a blended gasoline. Mr. Lindberg's
hardship is the fact that they will be able to move further back
for better traffic flow. Mr. Lee commented that the Plan
Commission had approved a building, site and operation plan
including a new identification sign. Chairman Fohr commented
that it looked like a Rood remodeling project and would be an
asset to the city. There being no further discussion, the
Chairman told Mr. Lindberg that he could call City Hall for a
decision in the morning or wait for notification through the mail
within 5 days.
APPEAL 25-89 ZINK - Chairman Fohr requested Pastor Zink
state his case and hardship. Mr. Bob Stack, a realtor/builder
was present to speak on behalf of Pastor Zink. He stated that
this request is for a 5' variance into the setback; Pastor Zink
wishes to face Gaulke Court for access versus Tess Corners Drive,
as he would need a very large culvert for his driveway.
He proposed to build a 1,800 square foot house with office space
Mr. Lee discussed the setbacks as per the zoning code. Mr.
Pionek questioned whether the setbacks would be adequate if Tess
Corners Drive was resurfaced and widened? Mr. Lee responded that
they were adequate. Mr. Stack stated that the hardship would be
the irregular shape of the lot and poor soils for garage
construction if they had to build east. There being no further
discussion, Chairman Fohr stated they could call City Hall in the
morning or wait for notification through the mail within 5 days.
The Board remained in Open Session (8:15 P.M.)
APPEAL 23-89 FARMERIE - The members discussed the fact
that this isn't a t ru street, the front yards are the lakeside
yards and the placement of the house on the lot. Mr. Fohr made a
motion to grant the appeal as requested. Mr. Erno seconded. The
hardship being the shape of the lot. Upon a roll call vote the
motion passed unanimously.
APPEAL 24-89 CLARK OIL i& REFINING CORP. - After a brief
discussion Mr. Erno made a motion to grant the appeal as
requested. Mr. Berken seconded. The hardship being that they
are moving further back from the setback and remodeling the
entire area. Upon a roll call vote the motion passed
unanimously.
APPEAL 25-89 ZINK - After a brief discussion about the
access to Gaulke Lane, Mr. Berken made a motion to grant the
appeal as requested. Mr. Erno seconded. The hardship being the
shape of the lot and the buildable area. Upon a roll call vote
the motion passed unanimously.
Page 3, BOA Minutes 9/28/89
ADJOURNMENT: Mr. Berken moved to adjourn the meeting at 8:40
P.M. Mr. Erno seconded. Upon a voice vote the motion carried
unanimously.
Respectfully Submitted
Cheryl Schmidt
Recording Secretary
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