ZONING BOARD OF APPEALS MINUTES - 12/2/2010
CITY OF MUSKEGO
ZONING BOARD OF APPEALS MINUTES Approved
December 2, 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: Chairman Dr. Barbara Blumenfield, Vice Chairman Henry Schneiker, Dr. Russell
Kashian, Mr. Richard Ristow, Mr. Aaron Robertson, Mr. Jeremy Bartlett, and Planner Adam
Trzebiatowski.
ABSENT: Mr. William Le Doux
STATEMENT OF PUBLIC NOTICE: The secretary stated the meeting was noticed on
November 22, 2010 in accordance with open meeting laws.
NEW BUSINESS
1. APPEAL #05-2010
Petitioner: Crown Development, LLC.
Property: W182 S8320 Pioneer Drive / Tax Key No. 2223.999
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 15.01 – Accessory Uses and Structures
(3) No accessory use or structure shall be permitted without a principal
use on a property except as specifically otherwise provided.
Accessory structures are only allowed on properties that have a principal use on the lot. The
petitioner has an accessory structure on their lot they would like to leave up without a
principal use present, and is therefore requesting a variance to be able to leave said
accessory structure up on the property.
Vice Chairman Schneiker swore in Adam Trzebiatowski and Jay Keinert, one of the owners of
Crown Development.
Dr. Blumenfield explained the property has a garage and the primary residence was taken
down. A property must have a primary residence on it to have an accessory building. Letters
have been sent to Crown Development and extensions to remove the garage have been
given by the City. Dr. Blumenfield read the following timeline of events as presented in the
staff supplement:
In May 2009 the Planning Division received a complaint from the Alderman of the
District regarding outdoor storage and a garage on the property without a home on
the lot. Based upon this, a letter was sent to the owner giving them 2 months to
remove the structure or start construction of a new home.
In late May 2009 we received a reply from the owner asking about a possible
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variance and staff explained that the Zoning Board of Appeals was the way to
request a variance. The owner also asked for more time to remove the outdoor
storage since he received the letter late.
On June 1, 2009 a follow-up letter was sent to the owner. This letter stated that by
July 2, 2009 the garage either needed to be torn down, have a variance applied
for, or have a new home permit issued.
On June 30, 2009 the owner sent a fax to the City stating that they would like a
one year extension, until July 31, 2010, to be able to leave the garage up and to
figure out how they would like to proceed. They stated that due to the economic
conditions banks are very tight with lending at this time to proceed with any
projects on this site. The City sent a follow-up letter on July 14, 2009 stating that
we were going to give the requested one year extension. We also stressed to the
owner that this property is zoned only for single family uses and that commercial
storage is not allowed on this site. There were past reports and observations that
commercial storage was occurring on site.
The July 31, 2010 deadline came and went without any resolution relating to the
garage violation. Based upon this, the City sent a follow-up letter on August 10,
2010 giving the owner thirty (30) days to have the garage issue resolved.
On August 17, 2010 the City received a fax from the owner stating that due to
economic conditions they were not able to receive any type of financing to do
anything on the property at this time. They requested another one year extension,
until July 31, 2011, so that they can figure things out. The City consulted with the
Alderman who originally received the complaints regarding said request. The
Alderman and the City agreed that plenty of time has already been given
(approximately 15 months). Based upon this, the City was willing to give one last
short extension until October 8, 2010. The City once again offered the three
possible solutions.
On September 22, 2010 the city received a voice message from the owner stating
that due to a medical condition/illness, they needed until November to apply for a
variance. The City agreed to give them until November 12, 2010 to complete one
of the three options.
On November 2, 2010 the City issued a citation for an accessory structure on a
property without a principal use/dwelling present. The Court date is not until
December 8, 2010, which is after the Zoning Board of Appeals meeting. The
outcome of the variance request is going to determine how the citation proceeds
through the Court system. The citation is backdated to September 2, 2010. Each
day the violation has/is occurring is a separate violation. Each day a violation
occurs could be subject to its own daily forfeiture/fine, as to be determined by the
Courts.
Mr. Keinert explained he purchased the property with a couple of options, but because of the
down turn to the economy they have not been able to do anything with it. The house was
damaged by a fire before the purchase, and a permit to take down the house was issued.
They did not realize they couldn’t leave the garage up without a primary residence. Mr. Keinert
further explained they have also looked into dividing the property into two lots, but due to the
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location of the garage and financial constraints they didn’t think they could divide the property.
Mr. Keinert stated the hardship is having to take the garage down now when it should have
been taken down with the primary building, and they did not know that the garage is not
allowed without a primary residence on the property. He also stated that economic conditions
prevent them from getting any financing at this time.
Mr. Ristow questioned what the garage is being used to store because he noticed there are
fresh tire marks going to the garage. Mr. Ristow also stated that the property has not been
maintained with weeds growing 3-feet high. Mr. Ristow suggested tearing down the garage;
which may lower the taxes.
Mr. Trzebiatowski gave the City’s opinion based on the Zoning Code. Mr. Trzebiatowski
stated staff did not find a valid hardship to allow the accessory structure to remain on the
property without a primary building. The hardships presented by Mr. Keinert were related to
finances; which cannot be used as a hardship according to zoning case law. Other hardships
the petitioner listed in the submittal are lack of storage and unique shape of the lot. Neither of
these should be an issue as a property does not need an accessory structure for storage to
be maintained, and the condition of the property shows that is has not been maintained in
quite a while. Also, the shape of the property is not related to the building needing to stay.
Staff recommends denial citing 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. The Zoning Board Handbook stated that circumstances of the
applicant and financial hardships are not legal grounds for granting a variance.
DELIBERATIONS
Appeal #05-2010 – Dr. Kashian made a motion to approve Appeal #05-2010 as
submitted. Mr. Schneiker seconded. Mr. Schneiker stated he does not feel there is a
hardship. The property is useable and buildable and could possibly be divided. Also, 15
months has been plenty of time to resolve the issue. Dr. Blumenfield explained the Board
must follow the parameters of the Zoning Code and as part of that a hardship cannot be
based on finances or the impact of the economy. Because there are not a hardship other
than economic the Board does not have the authority to grant the appeal. Upon a roll call
vote, Appeal #05-2010 is denied unanimously.
OLD BUSINESS: None.
APPROVAL OF THE MINUTES: Dr. Kashian moved to approve the minutes of September
23, 2010. Mr. Robertson 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. Schneiker seconded. Upon voice vote, meeting adjourned at 7:41
PM.
Respectfully Submitted,
Kellie McMullen
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Recording Secretary