ZONING BOARD OF APPEALS MINUTES - 1/16/2013CITY OF MUSKEGO
ZONING BOARD OF APPEALS MINUTES unapproved
January 16, 2013 6:00 PM
Muskego City Hall, Muskego Room, W182 S8200 Racine Avenue
CALL TO ORDER
Meeting was called to order at 6:00 P.M.
Those in attendance recited the Pledge of Allegiance.
PRESENT: Mr. Jeremy Bartlett, Dr. Barbara Blumenfield (Chairman), Henry Schneiker (Vice
Chairman) Dr. Russell Kashian, and Mr. William LeDoux and Planner Adam Trzebiatowski.
ABSENT: Mr. Aaron Robertson and Mr. Richard Ristow.
STATEMENT OF PUBLIC NOTICE: The secretary stated the meeting was noticed on
January 11, 2013 in accordance with open meeting laws.
OLD BUSINESS
Chairman Barbara Blumenfield read the appeal notice as follows:
1. APPEAL #03-2012
Petitioner: Theodore E. Schwulst
Property: S74 W17634 Lake Drive / Tax Key No. 2193.127
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 25-feet is required from the right-of-way (front lot line) of
Lake Drive on the above mentioned lot. The petitioner seeks a
setback of 7.87-feet from the right-of-way (front lot line) of Lake Drive
for a detached garage, and is therefore requesting a 17.13-foot
variance from the right-of-way (front lot line) setback.
Vice Chairman Schneiker made a motion to bring tabled appeal #03-2012 back to the
floor for consideration. Mr. Bartlett seconded, motion carried unanimously.
All board members stated they read the minutes from the last meeting.
Vice Chairman Schneiker swore in the following:
Adam Trzebiatowski – City Staff
Theodore E. Schwulst – Petitioner
Mel Schwulst – S74W17648 Lake Drive
Brian Cook – W180 S6663 Muskego Drive
ZBA Minutes 1/16/2013
Page 2
Paul DeAngelis – S68 W18053 Island Drive and S74 W17622 Lake Drive
Ald. Eileen Madden
Mr. Trzebiatowski explained at the end of the last meeting the Board considered having the
petitioner relocate the garage but needed more information relating to the location of the sewer
lateral and clean out. The new survey shows if the garage were shifted 6 feet from the side lot
line and 5 feet from the home, the sewer clean out and lateral will not be located under the
garage. This would leave a front setback of 13.4 feet, which then requires a variance of 11.6
feet.
Mr. Trzebiatowski added that based upon the newly submitted information staff
recommendation remains the same of denial of appeal 03-2012 citing the least varaiance
possible was not pursued. However, the City would be receptive to the placement of the
garage 5 feet from the house and a front setback of 13.4 feet with the least possible variance of
11.6 feet from the front right of way/Lake Drive.
The petitioner, Mr. Schwulst, was present and distributed pictures taken of the garage with cars
parked behind it. He stated there is enough room to park a car between the garage and the
road. Mr. Schwulst also noted that 4 of the 7 houses on Lake Drive do not have the proper
setbacks for the garages. Mr. Schwulst explained if he moved the garage it would be very
close to the sewer lateral and could possibly cause damage to the lateral. If the lateral ever
broke it would be hard to get equipment in to fix it. Also, if the garage were moved it would
block his daughter’s bedroom window from getting natural sun light. Mr. Schwulst added that
he was considering fencing in the area between the garage and house for the children his wife
babysits to play safely. Mr. Schwulst stated the hardship is a need for a garage for storage.
The following people then spoke:
Brian Cook
There is nonconformity around the lake
The least variance possible still requires a variance
In 1998 a variance was granted for a garage that was not the least variance possible
Built beautiful garage
Not blocking daughter’s window for natural sunlight
Paul DeAngelis Jr.
No problem with location
Other neighbors are closer to the road
Mel Schwulst
Would like it to stay where it is
If it had to move it would be closer to his house and would crowded
Would have less view out of his kitchen and dinette windows
With no other comments or questions Chairman Blumenfield closed the public comment and
the Board went into deliberations.
DELIBERATIONS
ZBA Minutes 1/16/2013
Page 3
Appeal #03-2012 – Mr. LeDoux made a motion to approve Appeal #03-2012 as submitted.
Dr. Kashian seconded. Mr. LeDoux explained he is in favor of the variance because a
variance will be necessary even if the garage is moved. Also, if the garage were attached it
would block a window from natural sunlight. Mr. LeDoux added it is also good to have more
room between the house and garage in case of a garage fire. Dr. Kashian was also in favor of
granting the appeal stating the parameters are reasonable and he has no problem with the
petitioner having a garage. Mr. Bartlett explained because of the location of the sewer lateral
he is in favor of granting the appeal. Vice Chairman Schneiker stated if the garage were moved
5 feet or 2 feet it would still be nonconforming and feels there is a valid hardship of needing
room for storage. Chairman Blumenfield explained the lots along the lake are unique and the
City tries to work with property owners to come to a resolution that still satisfies State Law.
Extenuating circumstances do exist with the location of the sewer lateral. If the garage were
moved closer to the lateral and it ruptured it would be hard to make repairs. Mr. LeDoux made
motion to amend his motion to include a one month deadline to apply for building
permits and 6 months to have inspections completed or citations will be issued. Dr.
Kashian seconded. Upon a roll call vote, Appeal #03-2012 was approved unanimously.
NEW BUSINESS: None.
APPROVAL OF THE MINUTES: Mr. Bartlett moved to approve the minutes of December 6,
2012. Vice Chairman Schneiker seconded. Upon a voice vote, minutes were approved
unanimously.
MISCELLANEOUS
ADJOURNMENT: With no further business to come before this Board, Dr. Kashian moved to
adjourn. Mr. LeDoux seconded. Upon voice vote, meeting adjourned at 6:30 PM.
Respectfully Submitted,
Kellie McMullen
Recording Secretary