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Zoning Board of Appeals - AGENDA - 2/23/2006 CITY OF MUSKEGO ZONING BOARD OF APPEALS AGENDA February 23, 2006 7:00 PM Muskego City Hall, Muskego Room, W182 S8200 Racine Avenue CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL STATEMENT OF PUBLIC NOTICE NOTICE OF CLOSED SESSION PLEASE TAKE NOTICE that the Board of Appeals of the City of Muskego may convene, upon passage of the proper motion, into closed session pursuant to Section 19.85 (1) (a) of the State Statutes for the purpose of deliberating concerning cases which were the subject of a quasi-judicial hearing; said cases being the appeals described below. The Board of Appeals will then reconvene into open session. OLD BUSINESS 1. APPEAL #08-2005 Petitioner: Michael A. Birkley Property: W144 S7931 Durham Drive / Tax Key No. 2213.984 REQUESTING: Under the direction of Chapter 17 Zoning Ordinance: Section 3.08(1) Appeal Provisions, Petitioner seeks the following variance: Chapter 17—Zoning Ordinance: Section 6.03 Conditional Uses (1)A. Approval Required: Uses listed as permitted by conditional grant may be permitted in the district in which listed upon petition for such grant to the Plan Commission and subject to the approval of the Commission and to such other conditions as hereinafter designated. A conditional use grant was denied for the above-mentioned property on September 6, 2005 for the operation of a Tree Service/Landscape business. The petitioner is seeking an Appeal regarding the Plan Commission denial of the Conditional Use Grant. Detailed descriptions are available for public inspection in the Planning Department. All interested parties will be given an opportunity to be heard. NEW BUSINESS 1. APPEAL #02-2006 Petitioner: Randy Girard Property: S70 W18871 Gold Drive / Tax Key No. 2180.941 REQUESTING: Under the direction of Chapter 17 Zoning Ordinance: Section 3.08(1) Appeal Provisions, Petitioner seeks the following variances: A. Chapter 17—Zoning Ordinance: Section 6.06 – Outdoor Recreational Facilities ZBA 2/23/2006 Page 2 (7)A. Pumps and filter equipment shall in no case be closer than 20 feet to a property line and shall be adequately housed and muffled. Chapter 17:6.06(7)A. states that pool pumps and filters must be no closer than 20 feet to the lot line of a property. The appellant is requesting to install the required mechanicals (pumps, filter, etc.) for their in ground pool and is proposing them with an offset of 12 feet from each side lot lines and is therefore requesting a 8-foot variance from the Code requirement from each of the side lot lines. B. Chapter 17—Zoning Ordinance: Section 4.05 – Accessory Uses and Structures (2)G. Walks, drives, paved terraces, mechanical appurtenances for all single-family and two-family structures (such as air conditioners, venting, and service panels), and purely decorative garden accessories (such as pools, fountains, statuary, flag poles, etc.), where subject to “permanent structure” classification shall be permitted in setback and offset areas but not closer than 3 feet to an abutting property line other than a street line. (Ord. #1100 - 04-18-02) Chapter 17:4.05(2)G. states that any walks must be no closer than 3 feet to the lot line of a property. The appellant is requesting to install a walkway along the eastern side of their property and is proposing it with an offset of 1-foot from the side lot line and is therefore requesting a 2-foot variance from the Code requirement. C. Chapter 17—Zoning Ordinance: Section 5.07 – Open Space (1) Minimum Required: No building shall be erected, structurally altered or relocated on a lot so as to reduce the usable open area of such lot to less than that hereinafter specified by the regulations for that district. The minimum open space required for the property is 6,666 square feet (64.2 percent) per the RS- 3/OLS requirements. The current open space with just the house is 8,150 square feet, resulting in 78.5-percent of the lot area being preserved as open space, which is conforming. The Appellant is proposing to pave a 1,643 square foot driveway, pave a 18 square foot area for the pool mechanicals, and pave 159 square foot decking around the proposed pool, totaling 1,820 square feet. These items combined with the house (totaling 4,046 square feet) leave 6,330 square feet of open space, resulting in 61-percent of the lot area being preserved as open space, and is therefore requesting an 3.2- percent variance to the Code requirement. CLOSED SESSION OPEN SESSION APPROVAL OF THE MINUTES FROM THE JANUARY 26, 2005 MEETING. MISCELLANEOUS BUSINESS None. ADJOURN It is possible that members of and possibly a quorum of members of other governmental bodies of the municipality may be in attendance at the above-stated meeting to gather information; no action will be taken by any governmental body at the above-stated meeting other than the governmental body specifically referred to above in this notice. Also, upon reasonable notice, efforts will be made to accommodate the needs of disabled individuals through appropriate aids and services. For additional information or to request this service, contact Janice Moyer, City Clerk/Treasurer at Muskego City Hall, (262) 679-5625.