Zoning Board of Appeals - MINUTES - 8/26/1999
BOARD OF APPEALS APPROVED
CITY OF MUSKEGO AUGUST 26, 1999
Meeting was called to order at 7:15 P.M.
PRESENT: Chairman Dan Schepp, Henry Schneiker, Terry O’Neil and Michael Brandt.
ABSENT: David Conley and Chris Wiken
STATEMENT OF PUBLIC NOTICE: Secretary reported notice was given August 12, 1999,
in accordance with the Open Meeting Laws.
APPROVAL OF MINUTES OF THE JULY 22, 1999 MEETING. Terry O’Neil made a
motion to approve the July minutes as presented. Dan Schepp seconded. Upon voice vote,
motion carried. 3-0 (Mr. Brandt was not present at the July meeting).
OLD BUSINESS: Signing of the July decision letter.
NEW BUSINESS: Appeal #08-99 Petitioner: Richard T. Nelson Residence: 715 East Main
Street, Waterford, WI 53185 Location of Appeal: Vacant Property Tax Key No. 2242.996
REQUESTING: Under the direction of Chapter 17 Zoning Ordinance: Section 17:3.08(1)
Appeal Provisions, Petitioner seeks the following variance: Chapter 17--Zoning Ordinance:
Section 6.01(3)E.1. Sanitation and Water Supply: In districts designed for potential Municipal
sewerage no structure involving human occupancy or habitation shall be permitted prior to the
installation of municipal sewerage facilities serving such structure except as follows: Where a
single lot meets double the lot area and open space requirements of the district in which it is
located and has a minimum average width equivalent to that required for a lot of such area in an
unsewered district, a single principal building may be permitted. Petitioner seeks a 13,961 square
foot and a 30’ lot width variance to permit construction of a single-family residence. The
Ordinance requires a 60,000 square foot lot and 150’ lot width.
Zoned: RS-1, Suburban Residence District.
Henry Schneiker administered an oath to Mr. Richard Nelson, property owner. Mr. Nelson is
proposing to sell this parcel of land. Mr. Nelson was informed the City has no intention of
serving this area with sewer within the next 10 to 15 years. In addition, the Public Utilities
Committee waived the requirement for a residence on the site to be connected to public sanitary
sewer. Mr. Nelson is seeking a variance to erect a mound system within a sewered district. Mr.
Nelson provided documentation indicating that the site has the appropriate soils and percolation
for a mound system, and that Waukesha County has approved of said system.
Henry Schneiker administered an oath to Mr. Jeff Corra, the buyer. Mr. Corra stated he is able to
meet both the offset and the setback requirements when constructing his home.
Assistant Plan Director Dustin Wolff stated that staff has no objections with this variance. He
reiterated that the City has no intention to offer sewer south of the High School in the foreseeable
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future. He added that without this variance, the property is unusable for a residence.
Appeal #09-99 Petitioner: Paul Stankevich Residence: W191 S7397 Bay Shore Drive, Tax
Key No. 2189.141
REQUESTING: Under the direction of Chapter 17 Zoning Ordinance: Section
17:3.08(1) Appeal Provisions, Petitioner seeks the following variance: Chapter 17--
Zoning Ordinance: Section 5.02(3). Offsets: (3) Offsets: The proximity of a building to
any other lot line than a street line is regulated by offset provisions as follows: No
building shall hereafter be erected, structurally altered, or relocated so that it is closer to
any lot line than the offset distance hereinafter specified by the regulations for the district
in which it is located. Petitioner seeks a 12.5 foot side offset variance to permit the
replacement of an existing detached garage along the southeast property line. The
Ordinance requires a 15 foot side offset. Zoned: RS-2, Suburban Residence District.
Henry Schneiker administered an oath to Mr. Stankevich. Mr. Stankevich stated the garage is
approximately 50 years old and built on a slab without footings. The plate is rotting away and the
building is leaning. To correct the problem, he needs to remove the slab and replace it with a slab
built to Code. He understands the garage could be built behind his house, however, it would take
up one-quarter of his backyard and would not be pleasing to look at by the neighbors. The
petitioner has proposed to construct a garage identical to the existing structure.
Mr. Wolff stated the City has no concerns with this appeal, there are pre-existing conditions with
the construction of the existing garage that are beyond the control of the petitioner. It would
cost less to replace the garage than to repair it. Staff feels no alteration to site should be
necessary and the utility of the rear yard should stay intact to minimize disruption to the
neighbors.
Appeal #10-99 Petitioner: Bill Engelking, Residence: W188 S7642 Oak Grove Drive,
Muskego, Tax Key No. 2192.062 REQUESTING: Under the direction of Chapter 17 Zoning
Ordinance: Section 17:3.08(1) Appeal Provisions, Petitioner seeks the following variance:
Chapter 17--Zoning Ordinance: Section 5.08 Existing Substandard Lots: Where a lot has less
land area or width than required for the district in which it is located and was of record at the time
of the passage of this Ordinance, such lot may be used for any purpose permitted in such district,
subject to the regulations governing substandard lots set forth under sec. 18.28; provided,
however, that in no case shall the setback, or offset requirements be reduced except by order of
the Board of Appeals after due hearing, or as otherwise herein provided. The open space
requirements in the case of such lot may be reduced without appeal provided the open area is
equal to at least 75% of the actual lot area. Petitioner seeks a 2,298.75 square foot (21.4%)
variance from the open area requirement to construct a single-family residence, driveway, and
patio. The Ordinance requires 8,045 square feet of open area. Zoned: RS-3, Suburban
Residence District as modified by the Lakeshore Overlay District
Henry Schneiker administered an oath to Bill Engelking. Mr. Engelking stated they had a home
custom designed to fit within the setback and offsets of this lot. However, they never took into
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consideration open space and the size of the driveway and patio. The hardship is not being able to
pave their driveway. They would not be afforded the use their lot as neighbors have.
Mr. Wolff stated tearing down and putting back up a homes meets the setback and the offset
required. To afford the greatest utility of this lot, a variance is required to pave the drive area.
The driveway, as proposed, exceeds the minimum required open space and the City encourages
paved lots. Staff feels that a 45 foot wide driveway at the right-of-way, including a large parking
area in front of the garage is excessive. Staff believes that the total impervious surface should be
reduced by 425 square feet.
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DELIBERATIONS
APPEAL 8-99 Terry O’Neil made a motion to approve the variance as requested. Approval of
this variance is within the spirit of the code. Henry Schneiker seconded. Upon roll call vote,
motion carried 4-0.
APPEAL 9-99 Mike Brandt made a motion to approve the variance as requested. Hardship
being the pre-existing conditions. Terry O’Neil seconded. Upon roll call vote, motion carried 4-
0.
APPEAL 10-99 Terry O’Neil made a motion to approve the appeal as submitted. Hardship
being the substandard lot and the City’s request to have paved driveways. Mike Brandt seconded.
Henry Schneiker amended the motion to allow only 1,874 square feet of impervious surfacing.
Upon roll call vote, motion to approve amended motion passed 4-0.
ADJOURN: With no further business to come before this board, Terry O’Neil made a motion to
adjourn. Mike Brandt seconded. Motion carried, meeting adjourned a 8:30 p.m.
Respectfully submitted,
Susan J. Schroeder
Recording Secretary