Zoning Board of Appeals- MINUTES - 9/30/1999
BOARD OF APPEALS APPROVED MINUTES
CITY OF MUSKEGO SEPTEMBER 30, 1999
Meeting was called to order at 7:05 P.M.
PRESENT: Chairman Schepp, Vice Chairman Henry Schneiker, Michael Brandt, Chris Wiken,
David Conley and Terry O’Neil.
STATEMENT OF PUBLIC NOTICE: Secretary reported notice was give on September 23, 1999,
in accordance with the Open Meeting Laws.
APPROVAL OF MINUTES OF THE AUGUST 26, 1999 MEETING. Mike Brandt made a
motion to approve the minutes as presented. Terry O’Neil seconded. Upon voice vote, motion
carried. (6-0)
OLD BUSINESS: Signing of decision letters for the August 26, 1999 meeting.
NEW BUSINESS: Appeal #11-99 Petitioner: Robert Zielinski, Residence: W194 S9689 Racine
Avenue Tax Key No. 2273.997.002 REQUESTING: Under the direction of Chapter 17 Zoning
Ordinance: Section 17:3.08(1) Appeal Provisions, Petitioner seeks the following variances: Chapter
17—Zoning Ordinance: Section 4.06(2)A.1.Nonconforming Structure: No structure shall be
expanded or enlarged except in conformity with the regulations of the district in which it is located.
Chapter 17—Zoning Ordinance: Section 8.02(3) Building Location: Minimum Setback (in feet) 50.
Petitioner requires a 7.85 foot front setback variance to permit construction a second-story addition on
an existing legal non-conforming residence located 42.15 feet from the right-of-way line. The
Ordinance requires a 50 foot front setback. Zoned: R-1, Country Home District.
Henry Schneiker administered an oath to William Cesar, son-in-law to Robert Zielinski, also a
resident of this house. Mr. Cesar stated this is a 830 square foot home that they wish to add a second
story. When originally built in 1950’s they had an 80-100 foot setback. Since Waukesha County has
widen the road, they have become legal non-conforming.
Mr. Wolff agreed with the petitioner. When additional right-of-way was taken by County for Racine
Avenue, the property in question became legal non-conforming. Mr. Wolff stated that there should
have been a variance granted at that time to leave the property “whole”, or conforming, in the eyes of
the City. This property will eventually have sewer and will be rezoned at that time. All properties
with sewer have a setback requirement of 40’, which this property will conform with. Staff feels they
have met the hardship requirements as a result of the eminent domain.
Appeal #12-99 Petitioner: Marc O’Hair, Residence: W197 S6730 Muskego Drive,Muskego Tax
Key No. 2174.876 REQUESTING: Under the direction of Chapter 17 Zoning Ordinance: Section
17:3.08(1) Appeal Provisions, Petitioner seeks the following variances: 1. Chapter 17—Zoning
Ordinance: Section 4.05(2)C.6. No detached private garage shall be erected, structurally altered or
relocated so that any roofed or enclosed portion thereof is closer than 10 feet to the principal building
on the lot. 2. Chapter 17—Zoning Ordinance: Section 5.02(3)A. 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 4.17
foot side offset variance to construct a detached garage. The Ordinance requires an 11.25 foot side
offset. In addition, petitioner seeks a 5 foot variance to construct the detached garage 5’ from the
existing attached garage. Zoned: RS-2/OED, Suburban Residence District as modified by the
Existing Development Overlay.
Henry Schneiker administered an oath to Marc O’Hair. Mr. O’Hair explained he would like to fully
utilize his land and add a 22’ x 28’ garage on the north side of property 7’ off the north property line.
Mr. O’Hair feels this is not an unusual request and the neighbor’s have signed a statement giving
their approval for this request. Mr. O’Hair also feels this new garage would enhance the property and
reduce crime by having items inside a garage.
Mr. Schneiker questioned the size of the existing garage. Mr. O’Hair stated it only affords room for
one vehicle because the fireplace chase sticks out into the garage and the garage only has a 16’ door..
Mr. O’Neil questioned why not add on to existing garage. Mr. O’Hair stated that was discussed,
however, it would be an additional $5,000 - $7,000 for an attached addition to that garage and he
does not feel he would be able to ever recover that money.
Mr. Wolff stated that the property is legal conforming in all regards. Economics alone does not merit
hardship, and there is no other hardship affecting the property. The setback requirement is more of an
inconvenience to the petitioner’s proposal. Other possible locations exist for a detached garage on the
property without requiring a variance, but aren’t popular alternatives as they reduce the amount of
usable yard. Mr. O’Hair could have a 22’ x 28’ attached garage without the need a variance.
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DELIBERATIONS
APPEAL 99-11 Henry Schneiker made a motion to approve the variance as submitted. Hardship
being the County took eminent domain, causing this property to become legal non-conforming.
David Conley seconded. Upon roll call vote, motion carried 6-0.
APPEAL 99-12 Terry O’Neil made a motion to approve the request as submitted. Mike Brandt
seconded. Upon roll call vote, motion was denied 6-0, for lack of hardship, monetary concern is not
considered a hardship.
ADJOURN: With no further business to come before this board, Terry O’Neil made a motion to
adjourn at 8:20 P.M. David Conley seconded.
Respectfully submitted,
Susan J. Schroeder
Recording Secretary