Zoning Board of Appeals - MINUTES - 6/24/1999
BOARD OF APPEALS APPROVED
CITY OF MUSKEGO
June 24, 1999
PRESENT: Chairman Dan Schepp, Henry Schneiker, Mike Brandt, Chris Wiken, Terry O’Neil and Assistant
Plan Director Dustin Wolff.
STATEMENT OF PUBLIC NOTICE: Secretary reported notice was given June 10, 1999, in accordance with
the Open Meeting Laws.
APPROVAL OF MINUTES OF THE MAY 27, 1999 MEETING: Chris Wiken made a motion to approve the
May 27, 1999, minutes as presented. Mike Brandt seconded. Upon voice vote, motion carried.
OLD BUSINESS: Signing of decision letters for April 22, 1999 and May 27, 1999 meetings.
NEW BUSINESS: Appeal #05-99*REMOVED BY PETITIONER’S REQUEST*
Appeal #06-99, Petitioner: David Conley, S70 W18899 Gold Drive, Muskego, WI. Location of Appeal: S70
W18899 Gold Drive. Tax Key No. 2180.943 REQUESTING: Under the direction of Chapter 17 Zoning
Ordinance: Section 17:3.08(1) Appeal Provisions, Petitioner seeks the one (1) following variance: Chapter 17--
Zoning Ordinance: Section 5.02(3) Building Location: No structure shall be erected, structurally altered or
relocated on a lot except within conformity with the district it is located. Petitioner seeks a 3.35 foot variance to
erect a principal structure (a single family residence) with a 0 foot offset from the west property line. The
Ordinance requires a 3.35 foot side yard offset per Section 17:5.02(3)A.1.
Zoned: RS-3/OLS, Suburban Residence District with Lake Shore Overlay as modified by Section 17:5.02(3)A.1.
Henry Schneiker administered an oath to David Conley and Mr. Bernard Egofske of S70 W18911 Gold Drive. Mr.
Conley stated he is proposing to construct a second floor (18’ x 20’) over an area that currently has a flat roof.
This addition would allow him to open the downstairs, add a stairways that would be safer to use and a second
bathroom upstairs. Mr. Conley presented the hardship as 1. pre -existing location of the house on the neighbor’s
lot at the north-west corner by 4” 2. Unique property limitations in both size and width and 3. Constructed prior to
the current zoning ordinances. If granted this variance it would not block anyone’s view and would not constitute
a safety hazard.
Dustin Wolff stated that City staff has reviewed the petitioner’s request and found it to be similar to previously
approved requests by the Board. The unique circumstance of the structure having been constructed over the
property line inhibits the property owners ability to utilize the property to its fullest potential. Mr. Wolff also
stated that if a variance were granted it would reduce the nonconforming status of the structure.
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DELIBERATION: Terry O’Neil made a motion to approve variance as submitted, hardship as identified by
appellant. Mike Brandt seconded. Upon roll call vote, motion carried 5-0.
ADJOURN: With no further business to come before this Board, Terry O’Neil made a motion to adjourn at 7:30
P.M. Henry Schneiker seconded. Upon voice vote, meeting was adjourned.
Respectfully submitted,
Susan J. Schroeder
Recording Secretary