Zoning Board of Appeals- AGENDA - 5/3/2001
ZONING BOARD OF APPEALS MINUTES
MAY 3, 2001
Meeting was called to order at 7:00 P.M.
PRESENT: Acting Chairman Terry O’Neil, David Conley, Mike Brandt, and Horst Schmidt.
ABSENT: Dan Schepp, Barbara Blumenfield and Henry Schneiker.
STATEMENT OF PUBLIC NOTICE: Meeting was originally noticed April 16, 2001 and amended April
24, 2001.
NEW BUSINESS: APPEAL #02-2001 Petitioner: Kenneth and Elizabeth Behrendt, Residence: W186
S7701 Lincoln Drive / Tax Key No. 2195.113 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. 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 4.11 feet to permit the
construction of an attached garage, and is therefore requesting a 20.89-foot variance. Minimum open
space for the property is required in the amount of 6,716 square feet (75% of the lot area). The
proposal will reduce the open space required by 230 square feet (resulting in 72.5% of the lot area
preserved as open space) to permit the construction of an attached garage, and is therefore requesting a
2.5% variance. Zoned: RS-3/OLS, Suburban Residence District as modified by the Lakeshore Overlay
Mr. Brandt administered an oath to Kenneth Behrendt. Mr. Behrendt stated their desire to replace the
existing detached garage with a three stall attached garage and an addition of a first floor mudroom and
laundry room. He stated that the lot is small and the existing detached garage is located on the edge of
the lot. In addition, he stated that many of the neighbors have garages located near the edge of their
properties. Mr. Behrendt also indicated that there is no other practical location on the property to
building a garage.
Assistant Plan Director Dustin Wolff stated this is a small lot that was originally intended for seasonal
housing with small homes and one-car detached garages. As is the case with many properties around
Little Muskego Lake, these homes are occupied year-round. As such, typically any alteration or
improvement a homeowner proposes to make the home more functional cannot be accommodated
without the need for an exception to a Code requirement. The existing detached garage is located 3 feet
from the property line making it legal non-conforming. The proposed addition would be 22 feet from the
pavement, so this would not result in a safety issue. The abutting properties have similar situations
where the detached garages are located less than two feet from the right-of-way. Staff agrees with the
petitioner stating pre-existing condition of the lot, the location of the residence and garage, and the,
topography of the property result in a practical difficulty in complying with the Code.
DELIBERATION: Mike Brandt made a motion to approve Appeal #02-2001 as submitted. Mr. Schmidt
seconded. Upon roll call vote, Appeal #02-2001 was approved unanimously.
APPROVAL OF THE MINUTES FROM THE MARCH 22, 2001 MEETING: Mike Brandt made a
motion
to defer February minutes to the June meeting due to lack of members here that attended that meeting.
Dave Conley seconded. Upon voice vote, motion carried.
MISCELLANEOUS BUSINESS. DISCUSSION AND DECISION REGARDING USE OF THE ELECTRONIC
ZBA 5/3/2001
Page 2
VOTING SYSTEM. Dave Conley made a motion to defer this item until more members were in
attendance. Mike Brandt seconded, upon voice vote, motion carried unanimously.
ORDER OF AUTHORITY: Horst Schmidt made a motion that in the absence of the Chairman and Vice
Chairman, the most senior member shall chair the meeting and the second most senior member shall be
the Vice chairman. Mike Brandt seconded, upon roll call vote, motion carried unanimously.
ADJOURNMENT: At 7:35 P.M. Mr. Brandt made a motion to adjourn. Mr. Conley seconded. With no
further business to come before this board, meeting was adjourned on voice vote.
Respectfully submitted,
Susan J. Schroeder
Recording Secretary