ZONING BOARD OF APPEALS MINUTES - 6/23/2011
CITY OF MUSKEGO
ZONING BOARD OF APPEALS MINUTES unapproved
June 23, 2011 5:30 PM
Muskego City Hall, Muskego Room, W182 S8200 Racine Avenue
CALL TO ORDER
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, Mr. William
LeDoux, Mr. Richard Ristow (5:34 PM), Mr. Aaron Robertson, and Planner Adam
Trzebiatowski.
ABSENT: Dr. Russell Kashian, Mr. Jeremy Bartlett
STATEMENT OF PUBLIC NOTICE: The secretary stated the meeting was noticed on June
17, 2011 in accordance with open meeting laws.
NEW BUSINESS
1. APPEAL #01-2011
Petitioner: Deborah Bascom
Property: S71 W19038 Hillview Drive / Tax Key No. 2189.001
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 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 right-of-way of Wentland Drive on the above
mentioned lot. The petitioner seeks a setback of 11.7-feet from the right-of-way of Wentland
Drive to permit the construction of a new detached garage, and is therefore requesting a
13.3-foot variance from the right-of-way setback. And, an offset of 5-feet is required from the
south lot line on the above mentioned lot. The petitioner seeks an offset of 2.42-feet from the
south lot line to permit the construction of a new detached garage, and is therefore
requesting a 2.58-foot variance from the south lot line offset.
Vice Chairman Schneiker swore in Adam Trzebiatowski, Deborah Bascom, and Mike Kreuzer.
Ms. Bascom explained they have an existing garage that has been there over 50 years.
There is a retaining wall next to the garage that needs to be repaired, but because of the
proximity to the garage, the garage must come down in order to repair the wall. Ms. Bascom
stated her hardship is having a narrow lot of 25 feet wide, which prevents a standard garage
from being built according to the setback requirements.
Mr. Trzebiatowski gave the City’s opinion based on the Zoning Code. Mr. Trzebiatowski
ZBA Minutes 6/23/2011
Page 2
stated staff did find a valid hardship to allow the construction of a new detached garage. Mr.
Trzebiatowski explained a setback of 25-feet is required from the right-of-way of Wentland
Drive, and the petitioner is seeking a setback of 11.7 feet, which is a 13.3 foot variance. An
offset of 5 feet is required from the south lot line, and the petitioner seeks an offset of 2.42
feet from the south lot line, which is a 2.58 foot variance. Mr. Trzebiatowski further explained
this is one of the narrowest, if not the narrowest, lot in the City being only 25 feet wide. The
code allows most properties 720 square feet for a detached garage by right, which is a
standard 2-car garage. The petitioner is requesting to build a 454 square foot garage. Mr.
Trzebiatowski also noted that the Wentland Drive does not go through so there wouldn’t be
an issue with the setback there. Staff recommends approval for a detached garage as
proposed; based on the narrowness of the lot and the needed replacement of the existing
retaining wall.
Mr. LeDoux questioned Ms. Bascom if the house had a basement. Ms. Bascom stated it
does. Mr. LeDoux questioned if they considered making the garage deeper. Mr. Kreuzer
explained they cannot go deeper with the garage because there will be a patio behind the
garage and then they would be over the open space requirement.
With no other comments or questions the Board went into deliberations.
DELIBERATIONS
Appeal #01-2011 – Vice Chairman Schneiker made a motion to approve Appeal #01-2011
as submitted. Mr. Schneiker explained the motion is based on the hardship of the pre-
existing condition of the lot size. Mr. Robertson seconded. Upon a roll call vote, Appeal
#01-2011 is approved unanimously.
OLD BUSINESS: None.
APPROVAL OF THE MINUTES: Mr. Robertson moved to approve the minutes of December
2, 2011 with corrections to roll call to include Vice Chairman Schneiker as present and the
spelling of Mr. Schneiker’s name. Mr. Schneiker seconded. Upon a voice vote, minutes were
approved unanimously.
MISCELLANEOUS: None.
ADJOURNMENT: With no further business to come before this Board, Mr. Robertson moved
to adjourn. Mr. LeDoux seconded. Upon voice vote, meeting adjourned at 5:41 PM.
Respectfully Submitted,
Kellie McMullen
Recording Secretary