Zoning Board of Appeals- - AGENDA - 1/27/2000
BOARD OF APPEALS MINUTES
CITY OF MUSKEGO
JANUARY 27, 2000
Meeting was called to order at 7:00 P.M.
PRESENT: Chairman Dan Schepp, Vice Chairman Henry Schneiker, Terry O’Neil, Mike
Brandt, David Conley, Chris Wiken and Assistant Planner Dustin Wolff.
ABSENT: Excused absent Barbara Blumenfield.
STATEMENT OF PUBLIC NOTICE: Secretary reported notice was given on January 13,
2000, in accordance with the Open Meeting Laws.
NEW BUSINESS: Appeal #01-2000 Petitioner: Gary Januszewski Residence: 3004
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South 15 Street Milwaukee, WI 53215 Location of Appeal: W191 S7691 Racine
Avenue Tax Key Number 2192.982 REQUESTING: Under the direction of Chapter 17
Zoning Ordinance: Section 17:3.08(1) Appeal Provisions, Petitioner seeks the following
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variances: Appeal to vacate conditions of approval for appeal granted on September 24,
1963. Petitioner seeks removal of previous stipulation requiring lot consolidation to allow
the 1963 construction of a detached garage. Purpose is to allow land division as otherwise
permitted by Chapter 17. Zoned: RS-2, Suburban Residence District.
Henry Schneiker administered an oath to Gary Januszewski, Attorney Leonard Schultz and
owner Elsworth Koch.
Mr. Januszewski stated he is requesting relief from a condition on a 1963 Zoning Board of
Appeals approval. The approval permitted the construction of a detached garage and
indicated the property in question could not be subdivided in the future. Mr. Koch has
obtained more land since this stipulation. The business would remain on approximately
one acre. The City has required a second access to finish the condo project, which is why
he wishes to purchase this property.
Dustin Wolff stated the City concurs with petitioner. The legality of the condition is in
question. Regardless, the property will meet the current Code requirements, if divided.
Appeal #02-2000 Petitioner: Craig and Theresa Bennett Residence: S94 W14554
Groveway Lane, Muskego, WI 53150 Location of Appeal: Tax Key No. 2252.954
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(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 5.78 foot side offset variance to permit a second floor addition along the
north property line. The Ordinance requires a 10 foot side offset. Zoned: RS-2/OLS,
Suburban Residence District as modified by the Lakeshore Overlay.
Henry Schneiker administered an oath to Craig and Theresa Bennett, petitioners.
Mr. Bennett stated the house was originally built in 1934 and only has 880 square feet.
The house has a stairway going up to the attic making it a perfect location to add on a
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second story. The house unfortunately was built before the zoning code was established.
The structure is legal, non-conforming as it does not meet the side offset requirement.
Dustin Wolff stated this is a cottage style home with substandard square footage per
today’s codes. This is similar to many homes built on the lake where they have now
become year-round residences. The existing site conditions have required this to appear
before the Board. Staff agrees approving this appeal lessening the home’s degree of non-
conformity.
DELIBERATION:
Appeal # 01-2000 Terry O’Neil made the motion to approve the appeal as submitted.
Henry Schneiker seconded. Upon roll call vote, motion carried. 6-0
Appeal # 02-2000 Mr. Brandt made the motion to approve the appeal as submitted. Mr.
O’Neil seconded. Hardship being pre-existing location of residence on property. Upon roll
call vote, motion carried. 6-0
APPROVAL OF MINUTES OF THE DECEMBER 9, 1999 MEETING: Terry O’Neil made a
motion to approve the minutes as submitted. Mr. Wiken seconded. Upon voice vote,
motion carried.
MISCELLANEOUS BUSINESS: Board of Appeals members requested further clarification
of a granted variance and its ramifications.
ADJOURNMENT: With no further business to come before this board, Terry O’Neil made a
motion to adjourn at 8:15 P.M. Mike Brandt seconded, motion carried.
Respectfully submitted,
Susan J. Schroeder
Recording Secretary