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Zoning Board of Appeals - AGENDA - 12/7/2006 CITY OF MUSKEGO ZONING BOARD OF APPEALS AGENDA December 7, 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 None. NEW BUSINESS 1. APPEAL #09-2006 Petitioner: Don Domurat of Domurat Builders Inc. on behalf of Tony & Tricia La Licata Property: Muskego Dam Road (Vacant) / Tax Key No. 2288.991 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 8.01(B) Permitted Accessory Uses 12. Mother-in-Law/Family Units: Any portion of a single family residence, intended to be occupied by a resident(s) related through blood, marriage or adoption to a host residence occupant, being no greater than 800 square feet in size, that has an independent wing or area that is self-supporting in terms of livable needs (i.e. unit includes a kitchen, bath, den and bedroom), but is dependent on utility infrastructure of the primary residence. Access to this wing or area may be obtained via one door to the outside and a second non- lockable door or passage way to the main portion of the host residence. Access is permitted to a garage area having no service door. (Ord. #947 - 10-02-97) All such requests are subject to building, site, and operational plan approval of the Plan Commission following written notice being distributed by the Plan Commission to neighboring property owners within 100 feet of the subject property. (Ord. #947 - 10-02-97) An 800 square foot size limit is placed upon Mother-in-Law/Family Units. The petitioner seeks a Mother-in- Law/Family Unit up to 1,500 square feet in area within their proposed new home, and is therefore requesting a 700 square foot variance to allow for a larger Mother-in-Law/Family Unit. 2. APPEAL #10-2006 Petitioner: Don Conner Property: W179 S6887 Muskego Drive / Tax Key No. 2174.908 REQUESTING: Under the direction of Chapter 17 Zoning Ordinance: Section 3.08(1) Appeal Provisions, ZBA 12/07/2006 Page 2 Petitioner seeks the following variances: NOTE: There are three variances being requested within this appeal. A. 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 any right-of-way line on the above mentioned lake lot. The petitioner seeks a setback of 11.03-feet from the front right-of-way/property line to permit the construction of an attached garage, and is therefore requesting a 13.97-foot variance from the front right-of-way/property line. B. 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 6,055 square feet (75% of 8,073 square foot lot) per the RS-3/OLS requirements. The current open space amount is 6,657 square feet, which is 602 square feet more than required, resulting in 82-percent of the lot area being preserved as open space. The petitioner is proposing to construct a 528 SF attached garage and to pave a 342 SF driveway (totaling 870 additional square feet), resulting in 72-percent (5,787 square feet) of the lot area being preserved as open space, and is therefore requesting a 3-percent (268 square foot) variance to the Code requirement. C. 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. In the case of the petitioned lot, an offset of 4.6-feet is required from the side (northern) lot line. The petitioner seeks an offset of 4.37-feet from the side (northern) lot line to permit the construction of an attached garage, and is therefore requesting a 0.23-foot (2.76 inches) variance from the side (northern) lot line. CLOSED SESSION OPEN SESSION APPROVAL OF THE MINUTES FROM THE AUGUST 24, 2006 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.