Zoning Board of Appeals- - Minutes - 2/22/2001
ZONING BOARD OF APPEALS MINUTES
FEBRUARY 22, 2001
Meeting was called to order at 7:05 P.M.
PRESENT: Chairman Schepp, Vice Chairman Schneiker, Terry O’Neil, Barbara Blumenfield,
Horst Schmidt, Assistant Plan Director Dustin Wolff and Recording Secretary Schroeder.
ABSENT: Mike Brandt and David Conley.
STATEMENT OF PUBLIC NOTICE: Secretary reported notice was provided in accordance
with Open Meeting Laws.
OLD BUSINESS: None
NEW BUSINESS:
APPEAL #1-2001
Petitioner: Jay Strande, residence: W183 S6570 Jewel Crest Drive, Location of Appeal: Same
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 Restricted: No building shall be hereafter erected, structurally altered or relocated
on a lot except in conformity with the following locational regulations as hereinafter specified for the
district in which it is located.
A setback of 25 feet is required from the edge of the public right-of-way. The petitioner seeks a
setback of 6.24 feet to permit the construction of an attached two-car garage, and is therefore
requesting an 18.76-foot variance.
A side offset of 5 feet is required from the side property line. The petitioner seeks a side offset of
3.75 feet to permit the construction of an attached two-car garage, and is therefore requesting a
1.25-foot variance. Zoned: Rs-3/OLS, Suburban Residence District as modified by the Lakeshore
Overlay.
Mr. Terry O’Neil questioned if he should recuse himself from this appeal as Mr. Strande lives three
doors down from Mr. Strande and they discussed Mr. O’Neil’s variance that was previously granted.
Assistant Plan Director Wolff stated Mr. O’Neil certainly may recuse himself if he wishes, however,
since they do not have abutting property and Mr. O’Neil has nothing to gain by the outcome of this
appeal, there is not a conflict. Chairman Schepp concurred.
Mr. Schneiker administered an oath to Jay Strande and Mr. Wolff.
Mr. Strande proceeded to explain he is requesting to construct a two-car garage on a nonconforming
lot. The garage would be too close to the road right-of-way however; it is on an outside curve thus
having less affect on safety of the public. It would be aesthetically pleasing to the neighborhood
have all his possession inside the garage. Mr. Strande explained he recently had a survey done and
according to the survey, an additional 1.5’ has been lost since he originally had the property
surveyed when purchased. Mr. Strande provided pictures of other garages on Jewel Crest Drive
along with a signed petition of support from the immediate neighbors.
Mr. Wolff stated this is the first of a two-step process for the remodeling of this residence, a duplex.
A second story is being proposed by the petitioner and conversion of the single-stall, attached
garage to living area. The two-car garage will replace the single-car garage. If the Zoning Board of
Appeals approves the variances for the new attached garage, then the Plan Commission must
approve the remodeling of the duplex residence. The residence was utilized as a duplex prior to the
establishment of the Zoning Code, and the Plan Commission approved a Conditional Use Grant for
the duplex use to be legal and conforming. Lots around the lake are typically very narrow and
small. Four properties in the vicinity to this parcel have similar situations. The existing driveway
area should be removed to comply with the Floor Area Ratio requirements. Staff is supportive
noting the hardship being pre-existing condition of the parcel and pre-existing location of structures
to the lot lines. And granting this variance provides the Strande property the rights enjoyed by
properties in the immediate vicinity, specifically a two-car garage, the property rights of other
property owners are preserved, and no substantial detriment is caused to adjacent properties.
DELIBERATION: Henry Schneiker made a motion to approve Appeal #01-2001 as submitted
with the condition the existing driveway be removed. Barbara Blumenfield seconded. Upon roll
call vote, motion carried-5-0.
APPROVAL OF MINUTES FROM THE SEPTEMBER 28, 2000 MEETING: Terry O’Neil made a
motion to approve the minutes as submitted. Henry Schneiker seconded. Upon voice vote,
minutes from September 2000 meeting were approved.
MISCELLANEOUS: Mr. Wolff indicted that the new electronic voting system has been installed
in the Council Chambers, and the Board of Appeals will need to discuss and formally vote on
which method of voting will be employed by the Board. The item will be placed on the next
meeting agenda.
ADJOURNMENT: At 7:40 P.M. Barbara Blumenfield made a motion to adjourn. Henry
Schneiker seconded. With no further business to come before this board, the meeting was
adjourned on voice vote.
Respectfully submitted,
City of Muskego
Susan J. Schroeder
Recording Secretary