Loading...
Zoning Board of Appeals- MINUTES - 12/11/1997 CITY OF MUSKEGO BOARD OF APPEALS MINUTES OF DECEMBER 11, 1997 PRESENT: Chairman Terry O'Neil, Vice Chairman Mike Brandt, Henry Schneiker, Dan Schepp, David Conley, James Ross, and Planning Assistant Carlos Trejo. ABSENT: Ed Herda MINUTES: Mr. Schepp made a motion to approve the September minutes as submitted, Mr. Schneiker seconded. A voice vote was called, and the motion carried. STATEMENT OF PUBLIC NOTICE: Secretary reported notice was given November 26, 1997, in accordance with the open meetings law. OLD BUSINESS: Signing of decision letters for September and October Board meetings. NEW BUSINESS: Appeal # 32-97, Paul Schlottke, W219 S7290 Crowbar Drive, Muskego, WI 53150. Tax Key No. 2186.992. Under the direction of Section 3.08 (1) Appeal Provisions, petitioner seeks one (1) variance: Chapter 17--Zoning Ordinance: Section 5.02 (2) B. Building Location, Setbacks. No structure shall be erected, structurally altered or relocated on a lot except within conformity with the district it is located. Petitioner seeks a 20.3 foot variance to place an addition to an existing residence 26.7 feet from Crowbar Drive road right-of-way. (zoning requirement is 47 feet) The property is zoned RCE, Country Estate District. An oath was administered to Paul Schlottke and his builder Tim Thiede from Bartelme Builders by Mr. Brandt. Mr. Schlottke explained that this is an old farm house in need of expansion. The house is currently too small for his family, and he would like to expand toward the north within the offset conforming area. Mr. Trejo described the property and structure as legal nonconforming within the RCE zoning district. The lot is too small in size and width for its location, and the house is too small in area, close to the street and close to the southern property line. With the renovations it would bring the house closer in conformance to the required building area, and the proposed expansion is planned in the conforming areas of the lot. Expansion is limited to 50% of the fair market value of the existing home, and according to the assessor's records, there is $33,000 available to renovate this house. Mr. Schlotke stated that the addition location is in the only area possible to utilize the current interior pattern of the residence. The expansion has been placed as far from the front of the home as possible. Appeal #30-97 Gary Witkowiak, 5030 West Cleveland Avenue, Milwaukee, WI 53219 Property located at: S73 W17230 Lake Drive,Muskego, WI 53150, Tax Key No. 2193.038. Under the direction of Section 3.08 (1) Appeal Provisions, petitioner seeks to appeal an administrative decision requiring the removal of two accessory buildings on a residential lot without a primary residence by a set date. An oath was administered to Gary Witkowiak by Mr. Brandt. Mr. Witkowiak stated he is in the process of purchasing this property from Gary Gaspervich, and he would like to have the ability to use the garage and boat house as storage while building a new residence. He intends to commence building in mid January and would like to utilize the construction dumpster on the site to raze the boat house and the garage. Mr. Trejo stated that this appeal is an administrative decision that originally started with a letter sent to Mr. Gaspervich over a violation to the Zoning Ordinance. The Gaspervichs were advised, prior to applying for a razing permit, that when a residence is razed, the accessory structures to that residence must be removed also. The Gapervichs applied for a razing permit indicating the removal of the three structures on the lot. Only the residence was removed, and further work was stopped. A letter was sent to the Gaspervichs giving them until November 21, 19997, to remove the remaining structures. The Gaspervichs applied for an appeal to the letter in hopes of leaving the two accessory structures on the lot. The garage is close to the lot line and street, and the boat house is too close to the lot line and in disrepair. Staff is concerned over the boat house, because it resembles a small cottage with a fireplace, and what use it could possibly be since it is so far away from where construction is to be. Allowing the garage to remain without a primary residence would be setting a precedence for future building. Mr. Witkowiak, stated he understood that he was buying into a lot with the referenced violation. He is appealing the time line in hopes of being able to utilize the buildngs during construction of his new residence. Appeal # 31-97 Michael and Amy Hall, S79 W16061 Bay Lane Place Muskego, WI 53150, Tax Key No. 2217.989. Under the direction of Chapter 14, Section 7.3 (2) (a) Appeals to the Board and Chapter 17, Section 3.08 (1) Appeal Provisions, both of the Municipal Code, petitioner seeks three (3) variances: 1. Chapter 14-Floodplain Zoning Ordinance: Section 6.3 (1) Floodfringe Areas. No modification or addition shall be allowed to any nonconforming structure unless granted a variance by the municipality. Petitioner seeks to expand and remodel an existing residence within the floodfringe area. 2. Chapter 17--Zoning Ordinance: Section 5.02 (2) B. Building Location, Setbacks. No structure shall be erected, structurally altered or relocated on a lot except within conformity with the district it is located. Petitioner seeks a 17 foot variance to place an accessory building 8.0 feet from the Bay Lane Place right-of-way. (zoning requirement is 25 feet). 3. Chapter 17--Zoning Ordinance: Section 5.02 (3) A Building Location, Offsets. No structure shall be erected, structurally altered or relocated on a lot except within conformity with the district it is located. Petitioner seeks a 0.7 foot variance to place an accessory building 6.0 feet from the north property line. (zoning requirement is 6.7 feet) The property is zoned RS-3/OLS, Suburban Residence District with a Lake Shore Overlay Mr. Brandt administered an oath to Michael and Amy Hall, Rich Reboine and Steve Sharpe. Mr. Schneiker stepped down from hearing this appeal. Mr. Hall stated the roof joist have been water damaged due to the flat roof and the lack of repairs during the time this was a rental property. Mr. Hall's family has enlarged and with no basement nor garage, they are very cramped in this small home. Their intent is to uphold the ordinances and protect the environment, by placing an addition on there home above the existing residence, not expanding the foot print of the existing structure. Mr. Trejo stated before any variance could be granted Chapter 14 Flood Plain Ordinance needs addressing. This property is in the flood plain and the property would need to be zoned out of the flood plain prior to discussing any variances. The proposed garage is not included in Chapter 14, however, a variance would be required from the 60% rule and it would need to be footed as to not float away in the event of a flood. Mr. Reboine stated, as a neighbor, the property has improved greatly. All the neighbors in this area have their garages too close to the lot lines. Mr. Reboine is supporting this proposed expansion 100%. Mr. Sharpe discussed matters in regards to the flood plain, stressing that the expansion does not expand the foot print of the current residence. After discussion with the Board members, Mr. Schepp made a motion to defer this issue, citing that more information is needed in regards to the appeals process stated in Chapter 14. Mr. Brandt seconded. Upon roll call vote, the motion to defer was approved. Mr. Schneiker returned to his seat. ***************************************************************- DELIBERATIONS: Appeal #30-97 Mr. Brandt made a motion to approve the appeal as submitted. Mr. Ross seconded. The Board discussed that Mr. Witkowiak was well aware that the parcel was in violation with the Zoning Code. The motion was amended to include that the boat house be razed prior to the footing inspection for the new home and the garage be razed prior to final inspection. Upon roll call vote, the motion carried unanimously. Appeal #32-97 Mr. Schneiker made a motion to approve appeal as submitted, hardship cited being the pre- existing location of house on the lot, the nonconformity of the parcel in the zoning district, that the current expansion is further than the front of the house and would not have a public safety impact on Crowbar Road, and that the traffic generation on Crowbar Road is minimal and would not be adversely affected by said expansion. Mr. Brant seconded, upon roll call vote, motion carried unanimously. MISCELLANEOUS BUSINESS: Chairman O'Neil requested the Common Council revisit the issue of 30' height restriction on new residential construction and requested an explanation of the Fire Department's concerns for 30' height restrictions. ADJOURN: Mr. Ross made a motion to adjourn, Mr. Schepp seconded. With no further business to come before the Board, the meeting adjourned at 9:00 P.M. Respectfully submitted, Susan J. Schroeder Recording Secretary