Zoning Board of Appeals - MINUTES - 12/9/1999
BOARD OF APPEALS MINUTES
CITY OF MUSKEGO DECEMBER 9, 1999
Meeting was called to order at 7:01 P.M. In the absence of Chairman Schepp, Vice Chairman Schneiker chaired
the meeting.
PRESENT: Vice Chairman Schneiker, Terry O’Neil, Mike Brandt, Chris Wiken, Barbara Blumenfield
and Assistant Planner Dustin Wolff.
ABSENT: Excused absent were Dan Schepp and David Conley.
STATEMENT OF PUBLIC NOTICE: Secretary reported notice was given on November 24, 1999, in
accordance with the Open Meeting Laws.
APPROVAL OF MINUTES OCTOBER 28, 1999 MEETING: Mr. Brandt made the motion to
approve the minutes as submitted. Mr. Schneiker seconded. Upon voice vote, motion carried.
OLD BUSINESS: Signing of decision letters for the October 28, 1999 meeting.
NEW BUSINESS: Appeal #15-99, Petitioner: Howard and Jean Helmle, Residence: W180 S6845 Muskego
Drive, Muskego, WI Tax Key No. 2174.912, 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 5.02 Building Location: 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 6’ setback variance to permit a 34’ setback to reconstruct a
detached garage. The Ordinance requires a 40’ front setback for all structures.
Zoned: Rs-3/OED, Suburban Residence District as modified by the Existing Development Overlay.
Mr. Brandt administered an oath to Howard and Jean Helmle. Mr. Helmle stated on October 18, 1999, a fire
damaged the roof and back wall of his two car garage. Two car garage was built in 1968 and recently a deck was
built between pool and the garage. When the contractor obtained the permits he was not informed a variance was
required. Only one wall and the roof had to be replaced.
Assistant Planner Mr. Wolff stated when originally built, the centerline of the roadway was incorrectly used for
measuring the setback from and not the ultimate right-of-way. As a result, this structure has non-conforming
status. During the review process for the permits it was discovered that a variance would be required and the
applicant was then notified. The contractor commenced work without valid permits from the Building
Department.
The City’s position is favorable for this variance. The preexisting conditions of the property and the garage have
resulted in the need for a variance to reconstruct the garage anywhere on the lot. As such, granting this variance
will permit the garage to enjoy legal conforming status in the event a similar situation arises in the future.
Dr. Barbara Blumenfield made a motion to approve variance as submitted, hardship being pre-existing conditions.
Mr. O’Neil seconded. Upon roll call vote, motion carried. 5-0
ADJOURNMENT: With no further business to come before this board, Dr. Blumenfield made a motion to
adjourn at 7:20 p.m., Mr. Wiken seconded, motion carried.
BOA 12/09/99
Page 2
Respectfully submitted,
Susan J. Schroeder
Recording Secretary