ZONING BOARD OF APPEALS- MINUTES - 4/24/2008
Z ONING BOARD OF APPEALS MINUTES unapproved
CITY OF MUSKEGO
April 24, 2008
Meeting was called to order at 7:09 P.M.
Those in attendance recited the Pledge of Allegiance.
PRESENT: Vice Chairman Henry Schneiker (7:14 PM), Mr. Horst Schmidt, Dr. Russ Kashian,
Mr. William Le Doux, Mr. Richard Ristow and Planner Adam Trzebiatowski.
ABSENT: Chairman Dan Schepp and Dr. Barb Blumenfield
STATEMENT OF PUBLIC NOTICE: The secretary stated the meeting was noticed on April 16,
2008 in accordance with open meeting laws.
NEW BUSINESS:
Appeal #01-2008 – Petitioner Ted and Nicole Kulwicki, W182 S6578 Garnet Drive / Tax Key No.
2174.948.001. REQUESTING: Under the direction of Chapter 17 Zoning Ordinance: Section
3.02 Zoning Board of Appeals, Petitioner seeks the following variance:
Chapter 17- Zoning Ordinance: Section 5.10 – Engineering Regulations
(2)C. Building Restricted Adjacent to Drainage Channels or Watercourses: No building
other than a bridge, dam, boathouse, or revetment subject to the aforesaid
approval, shall be erected, structurally altered or relocated within 10 feet of the
ordinary high water line of surface water, drainage channel or 20 feet of the
ordinary high water line of a natural watercourse nor so that the lowest floor of
said building is less than 2 feet above possible flood stage as determined by the
Engineering/Building Inspection Director.
Any building needs to have its lowest floor at least 2 feet above possible flood stage (100 year
flood plain) per Chapter 17 – Zoning Code. The petitioner seeks an elevation of 1 foot above
the 100-year flood plain to permit the placement of a new accessory structure (garage) on their
property, and is therefore requesting a 1-foot elevation variance from the required height above
the 100-year flood plain.
Dr. Kashian swore in Ted Kulwicki and Planner Adam Trzebiatowski.
Mr. Kulwicki explained he and his wife Nicole live on Little Muskego Lake on Garnet Drive and
would like to build a garage on the property. Mr. Kulwicki stated he applied for a building permit
and when he picked up the permit he was informed the garage floor must be 2 feet higher than
the flood plain elevation. The existing garage is only 6” higher then the floodplain. Mr. Kulwicki
stated neither the house nor the garage is in the floodplain. Mr. Kulwicki stated he is requesting
to build the garage 6” higher than the existing garage, which would be 1-foot above the
floodplain.
Planner Trzebiatowski gave the City’s opinion based on the Zoning Code. Mr. Trzebiatowski
explained there are two sections of the code that relate to this appeal. According to Chapter 17
– Zoning Code if a property is not in a floodplain the structure must be 2-feet above the
floodplain. This contradicts Chapter 14 of the Municipal Code – Floodplain Ordinance. This
sections applies to structures located within the floodplain. This code states that an accessory
structure that is within the floodfringe portion of a 100-year floodplain can be built with the floor
at or above the 100-year floodplain elevation, not two feet above as in a non-floodplain area.
ZBA Minutes
4/24/2008
Page 2
Mr. Trzebiatowski further explained that if the Board would approve this appeal, staff would
move forward with updating Chapter 17 to match Chapter 14, as Chapter 14 is more accurate.
Mr. Trzebiatowski noted that this update would only apply to accessory structures and not the
primary residence. A house would still need to be 2 feet above the floodplain. Based on the
above information City Staff respectfully requests approval of Appeal 01-2008 citing that it is
practical to carry the same floodplain ordinance elevation requirements for accessory structures
through to areas outside the floodplain.
Mr. LeDoux questioned Mr. Kulwicki if he had drainage problems with the 6” slope from the
garage. Mr. Kulwicki stated he currently has no drainage problems.
Mr. Horst asked Mr. Kulwicki to state his hardship. Mr. Kulwicki explained the main hardship is
draining concerns with rainwater and melting snow running off from the higher elevation of his
garage. Mr. Kulwicki also stated if the garage were raised two feet a retaining wall would be
needed and would restrict access to an existing shed.
Mr. LeDoux questioned if the code were changed, could Mr. Kulwicki build the new garage at
the current elevation. Mr. Trzebiatowski stated yes he could, but an Alderman or a resident
would have to bring this request forward and this process could take some time. Mr. Kulwicki
stated he is in agreement with bringing the garage elevation and driveway up 6” to the 1-foot
elevation and he had planned on repaving the driveway anyways.
The father of the petitioner spoke and stated he felt the garage should be allowed to be built at
the current elevation and stated he was in favor of a variance being granted. Mr. Trzebiatowski
explained the Board is not able to grant a variance that is less restrictive than what is being
requested by the petitioner
DELIBERATIONS
Appeal #01-2008 – Mr. Schmidt moved to approve as submitted granting a 1’ variance
above the 100-year floodplain. Seconded by Mr. Schneiker. Upon a roll call vote appeal
01-2008 is approved 5-0.
OLD BUSINESS: none.
APPROVAL OF THE MINUTES: Mr. LeDoux moved to approve the minutes of October 25,
2007. Mr. Ristow seconded. Minutes were approved unanimously.
MISCELLANEOUS – Mr. Trzebiatowski reminded members of the Board of a workshop being
th
held on May 7 from 6:00PM to 9:00PM at the Waukesha County Court House. Anyone who is
interested should let Kellie know by Monday and she will handle registration.
ADJOURNMENT: With no further business to come before this Board, Mr. Schmidt moved to
adjourn. Mr. LeDoux seconded. Upon voice vote, meeting adjourned at 7:30 PM.
Respectfully Submitted,
Kellie Renk
Recording Secretary