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Zoning Board of Appeals- AGENDA - 9/27/2012CITY OF MUSKEGO ZONING BOARD OF APPEALS AGENDA September 27, 2012 7:00 PM Muskego City Hall, Muskego Room, W182 S8200 Racine Avenue CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL STATEMENT OF PUBLIC NOTICE NOTICE OF CLOSED SESSION PLEASE TAKE NOTICE that the Board of Appeals of the City of Muskego may convene, upon passage of the proper motion, 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 a quasi-judicial hearing; said cases being the appeals described below. The Board of Appeals will then reconvene into open session. OLD BUSINESS None. NEW BUSINESS 1. APPEAL #02-2012 Petitioner: James & Anna Edlebeck Property: W180 S6835 Muskego Drive / Tax Key No. 2174.913 REQUESTING: Under the direction of Chapter 17 Zoning Ordinance: Section 3.02 Zoning Board of Appeals, Petitioner seeks the following variance: Chapter 17 - Zoning Ordinance: Section 5.02 - Building Location (1) Location Restricted: No building shall be hereafter erected, structurally altered or relocated on a lot except in conformity with the following locational regulations as hereinafter specified for the district in which it is located. A setback of 15.5-feet is required from the right-of-way (front lot line) of Muskego Drive on the above mentioned lot. The petitioner seeks a setback of 8.4-feet from the right-of-way (front lot line) of Muskego Drive to permit the construction of an attached garage, and is therefore requesting a 7.1-foot variance from the right-of-way (front lot line) setback. CLOSED SESSION OPEN SESSION APPROVAL OF THE MINUTES FROM THE JUNE 23, 2011 MEETING MISCELLANEOUS BUSINESS ADJOURN NOTICE IT IS POSSIBLE THAT MEMBERS OF AND POSSIBLY A QUORUM OF MEMBERS OF OTHER GOVERNMENTAL BODIES OF THE MUNICIPALITY MAY BE IN ATTENDANCE AT THE ABOVE-STATED MEETING TO GATHER INFORMATION; NO ACTION WILL BE TAKEN BY ANY GOVERNMENTAL BODY AT THE ABOVE-STATED MEETING OTHER THAN THE GOVERNMENTAL BODY SPECIFICALLY REFERRED TO ABOVE IN THIS NOTICE.ALSO, UPON REASONABLE NOTICE, EFFORTS WILL BE MADE TO ACCOMMODATE THE NEEDS OF DISABLED INDIVIDUALS THROUGH APPROPRIATE AIDS AND SERVICES. FOR ADDITIONAL INFORMATION OR TO REQUEST THIS SERVICE, CONTACT MUSKEGO CITY HALL, (262) 679-4100 CITY OF MUSKEGO ZONING BOARD OF APPEALS MINUTES unapproved June 23, 2011 5:30 PM Muskego City Hall, Muskego Room, W182 S8200 Racine Avenue CALL TO ORDER Meeting was called to order at 7:00 P.M. Those in attendance recited the Pledge of Allegiance. PRESENT: Chairman Dr. Barbara Blumenfield, Vice Chairman Henry Schneiker, Mr. William LeDoux, Mr. Richard Ristow (5:34 PM), Mr. Aaron Robertson, and Planner Adam Trzebiatowski. ABSENT: Dr. Russell Kashian, Mr. Jeremy Bartlett STATEMENT OF PUBLIC NOTICE: The secretary stated the meeting was noticed on June 17, 2011 in accordance with open meeting laws. NEW BUSINESS 1. APPEAL #01-2011 Petitioner: Deborah Bascom Property: S71 W19038 Hillview Drive / Tax Key No. 2189.001 REQUESTING: Under the direction of Chapter 17 Zoning Ordinance: Section 3.02 Zoning Board of Appeals, Petitioner seeks the following variances: Chapter 17 - Zoning Ordinance: Section 5.02 - Building Location (1) Location Restricted: No building shall be hereafter erected, structurally altered or relocated on a lot except in conformity with the following locational regulations as hereinafter specified for the district in which it is located. A setback of 25-feet is required from the right-of-way of Wentland Drive on the above mentioned lot. The petitioner seeks a setback of 11.7-feet from the right-of-way of Wentland Drive to permit the construction of a new detached garage, and is therefore requesting a 13.3- foot variance from the right-of-way setback. And, an offset of 5-feet is required from the south lot line on the above mentioned lot. The petitioner seeks an offset of 2.42-feet from the south lot line to permit the construction of a new detached garage, and is therefore requesting a 2.58-foot variance from the south lot line offset. Vice Chairman Schneiker swore in Adam Trzebiatowski, Deborah Bascom, and Mike Kreuzer. Ms. Bascom explained they have an existing garage that has been there over 50 years. There is a retaining wall next to the garage that needs to be repaired, but because of the proximity to the garage, the garage must come down in order to repair the wall. Ms. Bascom stated her hardship is having a narrow lot of 25 feet wide, which prevents a standard garage from being built according to the setback requirements. Mr. Trzebiatowski gave the City’s opinion based on the Zoning Code. Mr. Trzebiatowski stated staff did find a valid hardship to allow the construction of a new detached garage. Mr. ZBA Minutes 6/23/2011 Page 2 Trzebiatowski explained a setback of 25-feet is required from the right-of-way of Wentland Drive, and the petitioner is seeking a setback of 11.7 feet, which is a 13.3 foot variance. An offset of 5 feet is required from the south lot line, and the petitioner seeks an offset of 2.42 feet from the south lot line, which is a 2.58 foot variance. Mr. Trzebiatowski further explained this is one of the narrowest, if not the narrowest, lot in the City being only 25 feet wide. The code allows most properties 720 square feet for a detached garage by right, which is a standard 2-car garage. The petitioner is requesting to build a 454 square foot garage. Mr. Trzebiatowski also noted that the Wentland Drive does not go through so there wouldn’t be an issue with the setback there. Staff recommends approval for a detached garage as proposed; based on the narrowness of the lot and the needed replacement of the existing retaining wall. Mr. LeDoux questioned Ms. Bascom if the house had a basement. Ms. Bascom stated it does. Mr. LeDoux questioned if they considered making the garage deeper. Mr. Kreuzer explained they cannot go deeper with the garage because there will be a patio behind the garage and then they would be over the open space requirement. With no other comments or questions the Board went into deliberations. DELIBERATIONS Appeal #01-2011 – Vice Chairman Schneiker made a motion to approve Appeal #01-2011 as submitted. Mr. Schneiker explained the motion is based on the hardship of the pre- existing condition of the lot size. Mr. Robertson seconded. Upon a roll call vote, Appeal #01-2011 is approved unanimously. OLD BUSINESS: None. APPROVAL OF THE MINUTES: Mr. Robertson moved to approve the minutes of December 2, 2011 with corrections to roll call to include Vice Chairman Schneiker as present and the spelling of Mr. Schneiker’s name. Mr. Schneiker seconded. Upon a voice vote, minutes were approved unanimously. MISCELLANEOUS: None. ADJOURNMENT: With no further business to come before this Board, Mr. Robertson moved to adjourn. Mr. LeDoux seconded. Upon voice vote, meeting adjourned at 5:41 PM. Respectfully Submitted, Kellie McMullen Recording Secretary Appeal # 02-2012 ZBA 09-27-2012 Page 1 of 2 City of Muskego Staff Representative Brief Zoning Board of Appeals Supplement 02-2012 For the meeting of: September 27, 2012 REQUESTING: 1. Under the direction of Chapter 17 - Zoning Ordinance: Section 5.02 - Building Location (1) Location Restricted: No building shall be hereafter erected, structurally altered or relocated on a lot except in conformity with the following locational regulations as hereinafter specified for the district in which it is located. APPELLANT: James & Anna Edlebeck LOCATION: W180 S6835 Muskego Drive / Tax Key No. 2174.913 CITY’S POSITION PRESENTED BY: Adam Trzebiatowski AICP, City Staff Representative BACKGROUND The petitioner is requesting to build an attached garage on the street side of their home. The lot currently contains a home and a small detached garage. The proposal is to remove the old detached garage and attach the new, larger garage onto the home. The garage includes space for two vehicles along with some storage space adjacent to the side of the house. The parcel is zoned RL-3, Lakeshore Residence District. The front of the property is located on Muskego Drive, just north of Island Drive with an additional access strip of land off of Island Drive that is perpendicular to the main portion of the lot. See the aerial photo and/or the plat of survey for the exact lot layout. Some of the most important photos from the petitioner are also included in the packet. Full albums of all of the pictures will also be available at the meeting. The petitioner is seeking the following variance: An exception to the required setback from the right-of-way/lot line along Muskego Drive for the construction of a detached garage. A setback of 15.5-feet is required from the right-of-way (front lot line) of Muskego Drive on the above mentioned lot. The petitioner seeks a setback of 8.4-feet from the right-of-way (front lot line) of Muskego Drive to permit the construction of an attached garage, and is therefore requesting a 7.1-foot variance from the right-of-way (front lot line) setback. DISCUSSION The existing garage on the property is in poor condition and is extremely small. It is located on the side of the home. The new garage would be in front of and on the side of the home. Most homes are afforded a two car garage in the City and having the garage adjacent to the road is typical. The proposed garage is 26’ wide and 24’ deep, with a 7’-4” x 12’ back storage area. This is not excessive in size for a two car garage. The garage will be a similar distance from the road as the home/garage to the north. There were a few other options explored and ruled out by the petitioner that do not appear to be very practical or valid solutions. The options proposed include the following: Appeal # 02-2012 ZBA 09-27-2012 Page 2 of 2 1. Construct two separate detached garages towards the street side of the lot. One of the garages would face the street and would be located along the southern portion of the home and the other garage would face the south located along the eastern side of the home. This option appeared to not require a variance, but having two separate garages in not the most practical. Also, with this option a few bedroom windows would be covered up, which would then would violate the natural light requirement for all bedrooms. This means that these rooms could no longer be used as bedrooms. Lastly, this option made it extremely difficult, if not nearly impossible, to turn into the southerly facing garage. 2. Construct a garage (detached or attached) to the rear (west) of the home. Since this lot has access from Island Drive, there is the possibility of placing a driveway off of this street leading to a garage behind the house. The owner has stated a variety of reasons why they believe this is not a feasible alternative relating to neighbor concerns, easement concerns, existing trees, etc. Numerous neighbors have submitted letters stating that they are against this option since it could block views of the lake and intern affect their property values. Since there are significant concerns from multiple neighbors in this area, these comments need to be taken into consideration. Also, there is an access easement that runs through this rear area. Even though staff feels that the garage can be placed back there without the physical structure impacting the easement, the petitioner has concerns over the driveway crossing said easement and possible litigation relating to if the driveway could be allowed and how this driveway may be used if allowed. Staff is not commenting on the legality of what can or cannot cross or be kept within this easement since that is a legal issue separate from the City. This would need to be a decision of the Courts. Based upon the submitted information, staff did find a valid hardship. The location of the existing home and general lot layout limit the options that are possible. The home is already set a certain distance from the road and that cannot be easily altered. Also, the proposed garage is typical in size. As a note, there are a few existing unpermitted plastic/rubbermaid type sheds on the property. These must be completely removed from the property or proper Zoning Permits must be submitted for these. Only one of these sheds may be allowed, but further review may be required. NOTE: Please remember that the City must base their recommendation upon a valid hardship as defined by State Law and Zoning Case Law. Zoning Case Law states that a hardship must be unique to the property, it cannot be self-created, and must be based upon conditions unique to the property rather than conditions personal to the property owner(s). Case Law also states that a hardship should be something that would unreasonably prevent the owner from using their property for the permitted purpose or would render conformity with such restrictions unnecessarily burdensome. The Zoning Board of Appeals needs to find a valid hardship in order to be able to approve a variance request. BASED UPON THE FOREGOING, THE CITY STAFF REPRESENITIVE RESPECTFULLY REQUESTS: Approval of Appeal 02-2012, allowing the construction of a detached garage with an 8.4-foot setback, a 7.1-foot variance from the front right-of-way/lot line of Muskego Drive; citing the existing house location and neighbor concerns relating to a garage to the rear of the home. Also, the proposal is not excessive in size and is compliant in all other Zoning aspects. EAST DR ISLAN D D R MU S K E G O D R M U S K E G O D R EAST DR ISLAN D D R MU S K E G O D R M U S K E G O D R Appeal #02-2012 Petitioner: 2174.913 James & Anna Edlebeck W180 S6835 Muskego Drive Prepared by City of Muskego Planning Department 9/14/2012 Scale: LOOMIS R D COLLEGE DU R H A M NOR T H C A P E JANESVILLE RAC I N E A V E WOODS R D ¯ Area of Interest 0 200 400100 Feet Supplemental Map L E G E N D Right-of-way Property Agenda Item(s) Structure Little Muskego Lake ¯ Subject Property Properties within 100' of Subject Properties that Submitted Letters Property Lines