ZONING BOARD OF APPEALSMINUTES - 9/23/2010
CITY OF MUSKEGO
ZONING BOARD OF APPEALS MINUTES
September 23, 2010 7:00 PM
Muskego City Hall, Muskego Room, W182 S8200 Racine Avenue
Meeting was called to order at 7:00 P.M.
Those in attendance recited the Pledge of Allegiance.
PRESENT: Acting Chairman Dr. Russell Kashian, Mr. William Le Doux, Mr. Richard Ristow,
Mr. Aaron Robertson, Mr. Jeremy Bartlett, and Planner Adam Trzebiatowski.
ABSENT: Dr. Barbara Blumenfield and Henry Schneiker
STATEMENT OF PUBLIC NOTICE: The secretary stated the meeting was noticed on
September 14, 2010 in accordance with open meeting laws.
NEW BUSINESS
1. APPEAL #03-2010
Petitioner: Paul and Judith Stiyer
Property: S69 W14875 Dartmouth Circle / Tax Key No. 2167.062
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 5.02 - 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.
A setback of 25-feet is required from the front lot line on the above mentioned lot. The
petitioner seeks a setback of 15.5-feet from the front lot line to permit the construction of a
handicap access ramp onto the front of their existing home, and is therefore requesting a 9.5-
foot variance from the front lot line setback.
Mr. Le Doux swore in Paul Stiyer and Planner Trzebiatowski. Mr. Stiyer explained his
daughter recently had surgery for a brain tumor, which left her no use on the right side of her
body and is therefore wheelchair bound. Mr. Stiyer is requesting to install a ramp to the
house for the wheelchair. Other options that they looked at where putting the ramp at the
backdoor, but because the hallway is too narrow the wheelchair would not be able to make
the turn. Another option was to put the wheelchair in the doorway of the attached garage, but
because the door is in the center of the garage there would be no room to park the cars in the
garage. The hardship is the need for a wheelchair ramp for access in and out of the house.
Mr. Trzebiatowski gave the City’s opinion based on the Zoning Code. Mr. Trzebiatowski
explained the Zoning Board Handbook stated that the Federal Fair Housing Act and the
Wisconsin Fair Housing Law requires local governments to make reasonable
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accommodations to provide access to housing for person with disabilities. Based upon the
information submitted staff finds a valid hardship and recommends approval.
Mr. Le Doux questioned if the ramp will be placed over a sidewalk. Mr. Stiyer stated the ramp
will be placed over an existing stoop and sidewalk.
2. APPEAL #04-2010
Petitioner: Tim Knepprath of MSI General (on behalf of Veolia Environmental
Services)
Property: W144 S6350 College Court / Tax Key No. 2165.998.009
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 5.02 - 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.
A setback of 50-feet is required from the front lot line on the above mentioned lot. The
petitioner seeks a setback of 32.5-feet from the front lot line to permit the reconstruction of
their maintenance building, and is therefore requesting a 17.5-foot variance from the front lot
line setback.
Mr. Le Doux swore in Jay Warzinski, Veolia Representative, and Planner Trzebiatowski. Mr.
Warzinski explained Veolia would like to replace an 80 foot building with a 100 foot building.
This will increase the number of trucks that can be serviced from seven to nine. Other
options were looked at such as making the building smaller, relocating the building to another
property or further east on the existing property, or rotating the building. If the building were
made smaller it would not justify replacement of the existing building. Moving the building to
another property or to the east of the current property would not be feasible due to floodplain
on the property, and rotating the building would not be possible because it would block
access to the loading pit on another building further to the south. Mr. Warzinski further
explained there is another option of vacating the cul-de-sac at the end of College Court.
Veolia proposed a development agreement to the City, but the City did not agree because
there is a risk the vacation may not be possible. Mr. Warzinski stated the hardship for Veolia
is not being able to optimize the use of their property. Mr. Warzinski added that encroaching
on the setback does not encroach on an adjacent property owner and that Plan Commission
approved the Building, Site and Operation Plan and also endorses this project.
Mr. Trzebiatowski gave the City’s opinion based on the Zoning Code. Mr. Trzebiatowski
explained Plan Commission did review the plans and saw a benefit to this project. It was the
consensus of the Plan Commission that this project would be a welcomed addition to this
area and a variance would be looked upon favorably. Plan Commission approved the
proposal contingent on the setback issue being worked out. Mr. Trzebiatowski added that
Veolia did work with staff on the building plans and options, and staff recognizes and agrees
that moving the building would not be an option. Because there is still the option to request
the right of way (cul-de-sac) to be vacated, staff is recommending denial.
Mr. Bartlett questioned what the 36-foot stone area was used for. Mr. Warzinski explained
this area is the ramp for the load out pit on the east end of another building. If the new
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Page 3
building were relocated to this area, trucks could not enter the pit.
Dr. Kashian questioned what year the existing building was built. Mr. Warzinski stated 1976.
Dr. Kashain explained demands for higher production resulted in larger garbage trucks
requiring a larger building. This is a hardship imposed upon Veolia.
Mr. Le Doux suggested combining the three properties that Veolia uses and then there would
no longer be a need for the cul-de-sac. Mr. Le Doux questions if there was a curb on the cul-
de-sac. Mr. Warzinski stated there was not and you would not be able to tell between the cul-
de-sac and the Veolia property.
Mr. Ristow questioned how long the right of way vacation process could take. Mr.
Trzebiatowski stated a few months. Mr. Warzinski added that it was still not a guarantee that
it would be approved.
DELIBERATIONS
Appeal #03-2010 – Mr. Roberston made a motion to approve Appeal #03-2010 as submitted.
Mr. Ristow seconded. Mr. Le Doux stated the hardship is accessibility in and out of the house
for a wheel chair and State and Federal guidelines require local governments to make
reasonable accommodations to provide equal access to housing for persons with disabilities.
Upon a roll call vote, Appeal #03-2010 is approved unanimously.
Appeal #04-2010 – Mr. Le Doux made a motion to approve Appeal #04-2010 as submitted.
Mr. Ristow seconded. Mr. Le Doux explained he feels there is a valid hardship with access
around the buildings for fire and safety. Mr. Bartlett added that he agrees there is a valid
hardship with the site being restrictive. The petitioners did put forward an effort to look into
other options. Upon a roll call vote, Appeal #04-2010 is approved unanimously.
OLD BUSINESS: None.
APPROVAL OF THE MINUTES: Mr. Le Doux moved to approve the minutes of June 24,
2010. Mr. Robertson seconded. Upon a voice vote, minutes were approved unanimously.
MISCELLANEOUS: Mr. Trzebiatowski discussed moving the meeting time up to 5:30 or 6:00
PM. The consensus was to ask the petitioners if an earlier meeting would work and then poll
the board members.
ADJOURNMENT: With no further business to come before this Board, Mr. Robertson moved
to adjourn. Mr. Le Doux seconded. Upon voice vote, meeting adjourned at 7:35 PM.
Respectfully Submitted,
Kellie McMullen
Recording Secretary