Zoning Board of Appeals -Minutes - 3/14/2002
ZONING BOARD OF APPEALS MINUTES
CITY OF MUSKEGO
March 14, 2002 UNAPPROVED
Meeting was called to order at 7:08 P.M.
PRESENT: Barbara Blumenfield, David Conley, Terry O'Neil, Chairman Dan Schepp, Henry Schneiker and
Assistant Plan Director Dustin Wolff.
ABSENT: Mike Brandt, Horst Schmidt
STATEMENT OF PUBLIC NOTICE: The Secretary stated the meeting was noticed on February 22, 2002 in
accordance with Open meeting Laws.
Those present recited the Pledge of Allegiance.
NEW BUSINESS: Review and clarification of Appeal #06-2001 decision made by the Board at the September 27,
2001 meeting for the Knudsen property located at S73 W17650 Janesville Road / Tax Key No. 2198.984.005.
Chairman Schepp noted that at this time the Board cannot take any new testimony or take any new information.
Mr. and Mrs. Richard Knudsen appeared before the Board to ask for clarification to the Findings of Fact letter from
the September 27, 2002 meeting. Mr. Knudsen requested the last sentence of the Findings of Facts letter that
reads, “The Board of Appeals added that all Building Site and Operation Plans must still comply with all current
zoning codes, building codes, and engineering requirements”, be removed. Mr. Knudsen explained to the Board
that he felt he would have a better case on a DNR issue if the last sentence were not in the Findings of Facts letter.
Dr. Blumenfield explained that the DNR would make their own decision based on their restrictions, codes, policies,
and rules.
Assistant Plan Director Wolff stated the Board of Appeals overturned staff’s administrative decision that Mr.
Knudsen must appear before the Plan Commission for approval. The Board of Appeals determined that only BSO
Plan applications filed after 8-20-98 must comply with Section 17:6.12. Chairman Schepp explained to Mr.
Knudsen that he would still have to follow the City’s Codes. He further explained that if Mr. Knudsen seeks an
exception to the setback requirements he would have to appear before the Board as a new agenda item for a
dimensional variance.
Chairman Schepp read the attorney’s opinion aloud and feels that part of the decision making process involved the
last sentence of the Findings of Facts letter and should be left in. He stated the Fact of Findings letter is part of
public record and has been filed as such.
Mr. Conley stated there is no compelling reason to remove the statement, and Mr. Knudsen’s request does not ask
for changing the wording of the document. This item was not brought back for reconsideration. Mr. Wolff added
that he would need to get the advice of an attorney to see if it is possible to bring the item back for reconsideration.
Chairman Schepp stated he may have to appeal the Board’s decision to the Waukesha County Circuit Court.
Chairman Schepp stated the Board is satisfied with the Fact of Findings letter and has reviewed and clarified this
item to the best of its ability for Mr. Knudsen. The language of the Fact of Findings letter will remain as it was
originally written.
Amendment to the Board of Appeals policies and procedures – Assistant Plan Director Wolff noted revisions to
the Board of Appeals policies and procedures document. Dr. Blumenfield requested the reference to “he” be
replaced with “he/she”. Mr. Wolff explained that based upon the Mayor and Clerk’s office the gender default is “he”.
Mr. Wolff added that he would go over the document and when appropriate will replace “he” with gender-neutral
language without inserting “he/she.” Dr. Blumenfield moved to approve Board of Appeals policies and procedures
with recommendations concerning gender neutrality. Seconded by Mr. Conely. Upon voice vote, motion carried.
Mr. Wolff will e-mail revised document to members of the Board.
APPROVAL OF THE MINUTES: Dr. Blumenfield moved to approve the minutes from December 6, 2001 as
submitted. Seconded by Mr. O’Neil. Upon voice vote, motion carried.
BOA Minutes
3/14/01
Page 2
MISCELLANEOUS: None
ADJOURNMENT: With no further business to come before this board, Mr. Conley moved to adjourn. Dr.
Blumenfield seconded. Upon voice vote, meeting adjourned at 8:50 P.M.
Respectfully Submitted,
Kellie Renk
Recording Secretary