Zoning Board of Appeals- - Minutes - 8/24/2000
ZONING BOARD OF APPEALS MINUTES
August 24, 2000
Meeting was called to order at 7:00 P.M.
PRESENT: Chairman Dan Schepp, Vice Chairman Henry Schneiker, Terry O’Neil, Mike
Brandt, Barbara Blumenfield and Assistant Plan Director Dustin Wolff.
ABSENT: David Conley
STATEMENT OF PUBLIC NOTICE: Secretary reported notice was provided in accordance
with the Open Meeting Laws.
NEW BUSINESS: Appeal #08-2000 Petitioner: Diane Ruehle, Residence: S77
W18312 - 14 Janesville Road, Muskego, WI 53150 REQUESTING: Under the direction of
Chapter 17 Zoning Ordinance: Section 17:3.08(1) Appeal Provisions, Petitioner appeals the
following Administrative decision: Chapter 17—Zoning Ordinance: Section 4.06(2)D.1.
Nonconforming Use of Land: No such use shall be expanded or enlarged. The City’s Zoning
Code does not permit two residential structures on a single parcel. Two single-family
residences exist on the petitioner’s property. These structure were constructed prior to
the establishment of the City’s Zoning Code, and are classified as a non-conforming use of
land. It is the determination of the Zoning Administrator that an addition to a structure
located on such a property would be deemed an expansion or enlargement of the non-
conforming use.
Petitioner seeks to construct an attached garage addition to an existing residential
structure. The addition will not result in the expansion of habitable space on the property.
Zoned: Rs-3/OLS, Suburban Residence District as modified by the Lakeshore Overlay.
Mr. Schneiker administered the oath to petitioner Diane Ruehle and Larry Wiesner of S76
W18264 Janesville Road. Ms. Ruehle stated she has an elderly handicapped parent that
she needs to provide a home for. However, there needs to be protection from the
elements. Ms. Ruehle presented a letter with signatures from the two adjacent neighbors
stating they have no objections to the new garage being built. Mr. Larry Wiesner stated he
has a similar situation and he is here to support Ms. Ruehle.
Mr. Wolff stated the addition will not result in the expansion of habitable space on the
property. However, the appellant’s request raises the issue whether an addition of non-
habitable space is an expansion of the non-conforming use.
The role of the zoning code is to eliminate non-conformity within the City. While the
inability to expand or enlarge the structure may be inconvenient, it is contrary to the
intent of the ordinance. The structures were originally constructed as seasonal cottages
years ago and weren’t intended for year round habitation. The two structures located on
the property may still be utilized as residences, but may not be expanded in size or
intensity per Section 4.06(2) D.1..
The scope of the Board’s decision should not be whether one person can construct an
addition on their property. Within the City there are numerous non-conforming uses of
land and the Board’s decision will govern how staff is to interpret and apply this section of
the Code to ALL non-conforming uses of land.
ZBA 8/24/2000
Page 2
Mr. O’Neil questioned why this appeal should affect all future appeals of this nature. Mr.
O’Neil suggested this appeal be dealt with on its’ own merit and put language in the
approval to state the same.
Dr. Blumenfield stated she feels this is being interpreted with too broad a brush. Dr.
Blumenfield does not agree that in approving this appeal there would be a rash of
residents requesting expansions to non-conforming uses.
Mr. O’Neil requested that we obtain an attorney’s opinion regarding how this appeal will
affect future appeals and if the Board has latitude to use their judgment for individual
sites. Dr. Blumenfield requested that the basis for the attorney’s opinion and
documentation be included.
Mr. Wiesner stated he was very upset by the nasty words being used, such as non-
conforming and the removal of all such sites.
Ms. Ruehle stated she needs this to be finished. She has a sick relative that needs to be
moved in and is unable to do this without the garage. She has been working on this
project since spring and no one from the City had previously mentioned not being able to
construct this garage.
DELIBERATION: Terry O’Neil made the motion to defer Appeal #08-2000 and to seek a
legal explanation regarding how
any decision against the Zoning Administrator’s interpretation would affect Staff’s future
interpretation regarding expansion or enlargement of use. The opinion must also include
basis for review and documentation for case law or State law sited. Henry Schneiker
seconded. Upon roll call vote, motion carried. 5-0
Dr. Blumenfield made the motion to approve a special Board of Appeals meeting if Mr.
Wolff obtains a legal opinion prior to the regularly scheduled meeting in September. Mr.
Brandt seconded. Upon roll call vote, motion carried.
APPROVAL OF THE MINUTES FROM THE JULY 27, 2000 MEETING. Dr. Blumenfield
made a motion to approve the July, 2000, minutes as submitted. Mr. Schepp seconded.
Upon voice vote, motion carried.
ADJOURNMENT: With no further business to come before this board, Dr. Blumenfield
made a motion to adjourn. Mr. Schneiker seconded. Upon voice vote, motion carried.
Meeting adjourned at 8:30 P.M.
Respectfully submitted,
Susan J. Schroeder
Recording Secretary