Zoning Board of Appeals - MINUTES - 5/25/2006
ZONING BOARD OF APPEALS MINUTES
CITY OF MUSKEGO
May 25, 2006
Meeting was called to order at 7:07 P.M
Those in attendance recited the Pledge of Allegiance.
PRESENT: Chairman Dan Schepp, Dr. Barb Blumenfield, Dr. Russ Kashian, Mr. Horst Schmidt and
Associate Planner Adam Trzebiatowski.
ABSENT: Mr. Henry Schneiker, Mr. William Le Doux and Mr. Richard Ristow
STATEMENT OF PUBLIC NOTICE: The secretary stated the meeting was noticed on May 9, 2006 in
accordance with open meeting laws.
OLD BUSINESS:
APPEAL #08-2005—Petitioner: Dick Powell (Wisconsin Petroleum), Shell Gas Station at S75 W17226
Janesville Road / Tax Key No. 2193.070. REQUESTING: Under the direction of Chapter 17 Zoning
Ordinance: Section 3.08(1) Appeal Provisions, Petitioner seeks the following variance:
Chapter 17—Zoning Ordinance: Section 6.09 Signs (1) In any district no signs shall be permitted except
as in hereinafter specified by the regulations for that district, or as otherwise regulated in this Section. All
signs shall also meet all applicable and structural and electrical requirements of local and state building
and electrical codes. (See Chapter 30)
The allowed square footage of all signage on a B-4/OED zoned property is limited to 5% of a building
elevation. The building elevation of the canopy on the above-mentioned property measures 68’ x 2’
which allows 6.8 square feet of signage for the southern canopy façade. The petitioner seeks a sign that
is 15.1 square feet in area (on the south side of the canopy), and is therefore requesting an 8.3 square
foot variance. This petitioner requested a variance in 2005 for signage on the east and west sides of the
canopy, which was denied. This is a completely separate appeal for a different side of the canopy.
Dr. Blumenfield swore in Dick Powell, owner of Wisconsin Petroleum, and Associate Planner
Trzebiatowski. Mr. Powell stated he is representing the owner of the Shell station he could not be present
at the meeting. Mr. Powell explained the owner of Shell is requesting a variance to place a sign on the
canopy. Signage will make the Shell station more identifiable and visible for their customers. Mr. Powell
further explained Shell will only allow the red bar with the red Shell letters. They will not allow the red bar
without the letters. 95% of Shell stations have yellow canopies. The Muskego location has a white
canopy as the code states the canopy should match the building. The Shell building is white and
therefore the canopy should be white.
Dr. Blumenfield questioned what the hardship is. Mr. Powell stated the hardship is lack of identity and
loss of business. Dr. Blumenfield stated she drives by this gas station several times a day and by the
monument sign knows it is a Shell station. Dr. Blumenfield suggested placing the Shell letters or logo on
the pumps to identify the gas station. Dr. Blumenfield noted Walgreens wanted to build in Brookfield and
Greenfield and said they could not follow the design guides of the City. Walgreens did make changes
and built in these cities and the buildings look beautiful.
Chairman Schepp suggested building up the façade to allow a larger sign. Mr. Trzebiatowski noted the
change would have to go through Plan Commission and the Community Development Authority (CDA) as
an amendment to the Business Site and Operation (BSO) Plan.
Mr. Powell stated Shell will not allow signage on the building and all signs must be approved by the
Company and built by the approved manufacturer. Mr. Trzebiatowski noted a pylon sign is not allowed
per the design guide for this area. Also, the monument sign is currently in the right of way. If any
changes were made to the monument sign other than cosmetic, the sign would have to be moved out of
the right of way.
ZBA Minutes
5/25/2006
Page 2
Mr. Powell submitted a letter from Mike Wakefield, Area Manager of Shell, listing Shell’s requirements for
signage. Dr. Blumenfield read the last paragraph of the letter “If the above requirements cannot be met I
will have to re-evaluate the branding of this location.” Dr. Blumenfield feels this means Shell will re-
evaluate their requirements for signage. Mr. Powell clarified the meaning of the last sentence that Shell
will remove the Shell name from the gas station. Mr. Powell further stated he feels that if this appeal were
denied Shell would not go that far.
Mr. Trzebiatowski gave the City’s opinion based on the zoning code. All commercial buildings must follow
the 5% of elevation rule on buildings and canopies. The petitioner would be allowed a 6.8 square foot
sign on the canopy along with the monument sign and the food mart sign on the building. The petitioner
is seeking a 15.1 square foot sign, which is an 8.3 square foot variance. Both Mobil and BP have signage
on their canopies and are within the code. There are other options such as requesting more or additional
signage on the building, using the Pectin logos on the canopy or reducing the size of the proposed “Shell”
sign on the south side of the canopy to 6.8 square feet or less. However, Shell may not agree with
theses options. Mr. Trzebiatowski further explained when the Janesville Road reconstruction project
takes place in a few years the canopy may be removed as it currently is in the County’s right of way.
Mr. Trzebiatowski stated the City respectfully requests denial of appeal 04-2006,allowing each canopy
sign to be 15.1 square feet in area, a 8.3 square foot variance; citing that the variance does not preserve
the intent of the Zoning Ordinance because there are not exceptional conditions applying to the parcel
that do not apply to other properties. Also, a non-self imposed hardship is not found for the appeal,
corporate identity is not a hardship.
There are other options that could be pursued on this parcel in order to still allow some type of signage.
One option would be to use some type of smaller logo or smaller wording. Another option would be to
change the signage on their building to include the Shell name or logo. As mentioned, a monument sign
already exits on the corner of Lannon Drive and Janesville road as well as Shell colors and logos/name
on the gas pumps.
DELIBERATIONS:
APPEAL 084-2006— Mr. Schmidt moved to approve appeal 04-2006 as submitted. Seconded by Dr.
Blumenfield. Dr. Blumenfield stated she does not feel there is a valid hardship. The Shell station is
being to rigid with their requirements and should make exceptions to comply with the City’s rules and
regulations. Dr. Kashain stated the owner could have modified the canopy during the remodel to
accommodate the larger letters. Chairman Schepp noted smaller letters or just the light bar could be
used on the canopy for identification. Upon a roll call vote Appeal 04-2006 is denied 4-0.
NEW BUSINESS: None
APPROVAL OF THE MINUTES: Mr. Schmidt moved to approve the minutes of April 27, 2006.
Seconded by Chairman Schepp . Upon a voice vote, the motion carried.
MISCELLANEOUS:
ADJOURNMENT: With no further business to come before this Board, Mr. Schmidt moved to adjourn.
Mr. LeDoux seconded. Upon voice vote, meeting adjourned at 7:55 p.m.
Respectfully Submitted,
Kellie Renk
Recording Secretary