Zoning Board of Appeals - MINUTES - 7/23/1998
BOARD OF APPEALS MINUTES
CITY OF MUSKEGO (Corrected)
JULY 23, 1998
PRESENT: Chairman O’Neil, Vice Chairman Henry Schneiker, Dan Schepp, David Conley, William LeDoux
and Planning and Zoning Assistant Carlos Trejo.
ABSENT: Mike Brandt and James Ross
STATEMENT OF PUBLIC NOTICE: Secretary reported notice was given July 10, 1998, in accordance with
Open Meeting Laws.
MINUTES: Mr. Schepp made a motion to approve July 2, 1998, minutes as submitted. Mr. Schneiker
seconded, upon voice vote, motion carried.
OLD BUSINESS: Signing of decision letters for May and June, 1998, meetings.
NEW BUSINESS: Appeal #08-98, John Gnas, S110 W20408 Lake Denoon Road, Tax Key No. 2284.991
REQUESTING: Under the direction of Section 3.08 (1) Appeal Provisions, Petitioner seeks the following
variance: Chapter 17--Zoning Ordinance: Section 5.02 (3) A.1 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 6.5 foot variance to place a new accessory structure one (1) foot from the west property line. (zoning
requirement is discounted to 7.5 feet) Zoned: RS-2/OLS, Suburban Residence District with a Lake Shore Overlay
Mr. Schneiker administered an oath to John Gnas and his architect Dave Koscielniak. Mr. Gnas proposed of
razing the existing residence on the lot and build a new structure. The new structure would be in conformance to
the zoning district, except for an enclosed access ramp located at the rear of the garage. The size of the structure
would accommodate a 1:12 ramp which is state code. The lot is unique, in which two sides of the lot have a street
setback and a sewer easement that crosses through the center of the property. Both make it difficult to place a
residence on the site without either a setback or offset variance. There is an existing garage on the property that
has received an offset variance 8 years ago. The Public Utilities Committee is also allowing the proposed structure
to be built within 7 feet of the sewer line.
Mr. Trejo stated this lot is legal nonconforming, with only a 50’ width, and the Ordinance takes into consideration
the narrowness of the lot and allows for reduced/discounted offsets to help accommodate the property owner. This
proposed garage will be built in conjunction with a new home on this lot, the existing home, which is in
conformance with the zoning ordinance, is being taken down, therefore this is virtually a vacant lot and the house
and garage footprints could be reconfigured to conform to the offsets. The only hardship presented is the house
they have chosen does not meet the requirements for the existing lot. The City received a letter from Denoon Lake
Advancement Association stating there position against a variance being granted.
Mr. Koscielniak stated that the setback requirements, the sewer easement and the well location constricted the site.
Appeal #09-98, Geoffrey P. and Rhonda L. Christ, S67 W14698 Janesville Road, Tax Key No. 2168.990
REQUESTING: Under the direction of Section 3.08 (1) Appeal Provisions, Petitioner seeks the following (2)
variances: Chapter 17--Zoning Ordinance: Section 4.05 (2) C.4, Accessory Uses and Structures, Permanent
Structures. Said regulation states no detached private garage shall have a floor area greater than 60% of the floor
area of the principal building on the lot. Petitioner seeks a 114 square foot variance to construct a 864 square foot
accessory building. (zoning requirement is 750 s.f.) Chapter 17—Zoning Ordinance: Section 5.03 Height. No
structure shall be erected or structurally altered to a height in excess of that hereinafter specified by the regulations
of that district. Petitioner seeks a 6.5 foot variance to construct an accessory building 21.5 feet in height. (zoning
requirement is 15 feet) Zoned: RSA, Attached Single Family Residence
BOA 07/23/98
Page 2
Mr. Schneiker administered an oath to Geoffrey and Rhonda Christ. Mrs. Christ stated her family had granted a
sanitary sewer easement to the City years ago. Now this easement is hampering their ability to expand the
residence or construct a garage in a conforming location. The garage selected is of a barn building type, which
would complement the existing home, which was the original farm house on the property from years past. They
have several vehicles and limited storage in the house and would like to keep everything indoors.
Mr. Trejo stated that the easement is placed in the center of the property to accommodate future division. Two
laterals have been placed, one servicing the residence to the east, the other a stub to service the west. The garage
location is not affected by the easement and the house is well beyond the required offset from the east, thus
allowing expansion of the residence.
Mr. Christ agreed he could lower the loft area some, but not enough to bring the height into conformance and the
size is based to accommodate three vehicles and additional storage..
DELIBERATION:
APPEAL #8-98 Mr. Le Doux made a motion to approve Appeal #8-98 as submitted. Mr. Schepp seconded.
Discussion ensued regarding the unique shape of the lot with two setbacks, the sewer easement and the well
location, but the fact that this will be a vacant property and a house could be configured to meet the required
zoning regulations proved no hardship exists. Upon roll call vote, motion was denied 5-0.
APPEAL #9-98 Mr. Schepp made a motion to approve Appeal #9-98 as submitted. Mr. Conley seconded.
Discussion ensued regarding the height and location of the proposed garage and alternatives for additional
expansion to the residence. The Board of Appeals found no hardship to allow this to be constructed as proposed.
Upon roll call vote, motion was denied as submitted 5-0.
MISCELLANEOUS BUSINESS: Members discussed correspondence from city attorney regarding Board of
Appeals in Kenosha. Also discussed was the height issue of new homes going before the Plan Commission.
ADJOURN: With no further business to come before this Board Mr. Schneiker made a motion to adjourn at 9:30
P.M. Mr. Schepp seconded. After a voice vote, the motion to adjourn carried.
Respectfully submitted:
Susan J. Schroeder
Recording Secretary