ZONING BOARD OF APPEALS- MINUTES - 3/25/2010
ZONING BOARD OF APPEALS MINUTES approved
CITY OF MUSKEGO
MARCH 25, 2010
Meeting was called to order at 7:00 P.M.
Those in attendance recited the Pledge of Allegiance.
PRESENT Chairman Dan Schepp, Dr. Barbara Blumenfield, Mr. William Le Doux, Mr. Aaron
Robertson, and Planner Adam Trzebiatowski.
ABSENT: Vice Chairman Henry Schneiker, Dr. Russell Kashian, and Mr. Richard Ristow
STATEMENT OF PUBLIC NOTICE: The secretary stated the meeting was noticed on March
18, 2010 in accordance with open meeting laws.
NEW BUSINESS:
1. APPEAL #01-2010
Petitioner: William Gary Grundl
Property: S110 W20622 Denoon Road / Tax Key No. 2284.978
REQUESTING: Under the direction of Chapter 17 Zoning Ordinance: Section 3.02 Zoning
Board of Appeals, Petitioner seeks the following variances:
Chapter 17 - Zoning Ordinance: Section 15.02 – Building Location
(1) 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.
An offset of 6.8-feet is required from one of the side lot lines on the above mentioned lot.
The petitioner seeks an offset of 2-feet from the west side lot line to permit the
construction of a new detached garage, and is therefore requesting a 4.8-foot variance
from the west side lot line.
Dr. Blumenfield swore in Mr. Grundl, Rick Clement, S110 W20652 S. Denoon Road, Calvin
Long, S110 W20606 S. Denoon Road, and John Adkins, Wolter Brothers Builders. Mr. Grundl
explained he is building a new home and is proposing to build a new detached garage, which
requires a variance. Mr. Grundl stated even though it seems like the lot is large there is a gas
line, sewer easement, phone line and electrical overhead line that limits the options for a second
garage. While building this new house they are trying to be energy efficient by installing geo-
thermal heating/cooling, which requires four wells on the property, and they would like to save
as many tress on the property as possible. There is an existing garage on the property that
was built in the 30s or 40s. It is only 18 feet long and would not fit some of their cars. They are
unable to add onto the existing garage because it is in a sewer easement. Mr. Grundl added
they would like to have one building to store their cars, boat, equipment and toys inside. The
proposed garage is smaller than allowed for this property. Mr. Grundl stated he designed it to
conform to the rest of the neighborhood. Mr. Grundl received positive comments from five of
the neighbors and there were no objections.
Mr. Le Doux suggested making the garage narrower and longer and moving it two feet towards
the gas line. Mr. Grundl explained to make the garage narrower they would not be able to fit
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3/25/2010
Page 2
two cars in the garage. Another concern is the turning radius on the east side of the building to
be able to pull into the garage. The gas company suggests staying at least 3-feet away from
the gas line and to backfill with slurry. Mr. Le Doux added that because it is a new detached
garage you should make it fit the property. Mr. Le Doux suggested moving the garage over a
foot to lesson the variance that would be required. Mr. Grundl stated he could work with that if
he needed to.
Planner Trzebiatowski gave the City’s opinion based on the Zoning Code. Mr. Trzebiatowski
explained staff has to enforce the zoning based on the Code. The petitioner is requesting a
new detached garage with a setback of 2-feet and is requesting a variance of 4.8 feet from the
west side lot line. The proposal and what is currently on the property are under the square
footage for what is allowed. The garage could be constructed so that it meets the side-offset
requirement of 6.8 feet by shifting it to the east 4.8 feet. The plans for the garage indicate that
the garage could hold 4-5 cars, which is bigger than most typical garages in Muskego.
Mr. Trzebiatowski discussed a few of the hardships that Mr. Grundl noted. Outdoor storage,
including boats, should not be stored within the setbacks or offsets, and all outdoor storage
should be kept neat. Anytime more than one detached accessory structure is proposed it would
have to go to Plan Commission for approval. Mr. Trzebiatowski stated he talked to Mark
Robinson with We Energies regarding the offset of the gas line. Mr. Robinson stated there are
no formal offsets because there is not an easement, but suggested being careful when digging
near the gas line and using slurry or sand for backfilling. Mr. Trzebiatowski noted that the
petitioner has submitted five signed letters from the neighbors and there have been no calls to
staff.
Mr. Trzebiatowski noted that according to case law the most minimal variance needed should
be granted. Staff recommends denial, citing the variance does not preserve the intent of the
Zoning Ordinance, there is already an attached garage and the garage could be made smaller
or reconfigured to make it more or completely conforming. A hardship should be unique to the
property and not to the property owner.
Mr. Grundl stated his hardship is the uniqueness of the lot with the location of the utilities and a
12-foot wide garage would not be practical.
Rick Clement, neighbor two houses to the west, stated he has a three car attached garage that
is 8-feet off the lot line and it is difficult to make the turn into the garage with a compact car.
Calvin Long, neighbor to the east, stated he has a 20’ x 45’ garage and has no objections to this
proposal.
DELIBERATIONS
Appeal #01-2010 – Mr. Le Doux moved to approve Appeal #01-2010 as submitted. Dr.
Blumenfield seconded. Dr. Blumenfield explained she visited the property and spoke to Mr.
Grundl. The lot is very narrow and has unique issues with the location of the sewer line, geo-
thermal system, large trees, and gas line. Aesthetics and the number of cars are not a
hardship, but the location of the sewer line, gas line, geo-thermal system and trees are a
hardship to the property. Dr. Blumenfield stressed how narrow the driveway is and moving the
garage one-foot could be cause for concern. Dr. Blumenfield stated she supports the hardships
listed above.
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3/25/2010
Page 3
Mr. Le Doux stated the garage shouldn’t be made smaller and feels it is nice to clean up the
area, but feels moving the garage over one foot to conform to the 3-foot setback for the
driveway wouldn’t change much.
Mr. Robertson stated he understands this is a difficult situation and knows both parties tried to
resolve this. Mr. Robertson stated he would be open to a one-foot shift.
Chairman Schepp stated he likes that storage will be located in the garage and also likes that
the proposed garage is not being built to the maximum allowed. Mr. Schepp added that
because of the proposal being a half of a foot more conforming then the current garage, the
location of the rest of the garages in the neighborhood, and the location of the gas and sewer
lines he has no problems with the submittal.
Dr. Blumenfield called for the question and upon a roll call vote; APPEAL #01-2010 is
APPROVED unanimously.
OLD BUSINESS: None.
APPROVAL OF THE MINUTES: Dr. Blumenfield moved to approve the minutes of September
24, 2009. Mr. Le Doux seconded. Upon a voice vote, minutes were approved unanimously.
MISCELLANEOUS: None.
ADJOURNMENT: With no further business to come before this Board, Dr. Blumenfield moved
to adjourn. Mr. Le Doux seconded. Upon voice vote, meeting adjourned at 8:10 PM.
Respectfully Submitted,
Kellie McMullen
Recording Secretary