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Zoning Board of Appeals Packet - 7/23/2015 CITY OF MUSKEGO ZONING BOARD OF APPEALS AGENDA July 23, 2015 6:00 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 NEW BUSINESS 1. Appeal # 01-2015 Petitioner: Lawrence William Wiesner Property: S76 W18264 Janesville Road / Tax Key No. 2195.98 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 5.08(2) – Only One Principal Residence Building on a Lot (2) Except as specifically otherwise provided herein for attached single family dwellings, apartment, farms, or planned development projects only one principal residence building shall be permitted on a lot, provided however that the Board of Appeals may grant an exception to permit more than one principal building on a lot where such grant would not be contrary to the spirit or intent of the Ordinance or to the regulations applicable to the specific district, and provided that a sufficient lot area is provided and the buildings so located as to permit individual compliance in the case of future division with the lot size, density, building location, and open space requirements of the district in which located. There are currently two single-family homes on this property, which is currently deemed a legal non-conforming use. The owners would like to be allowed to keep both homes on the lot legally per the code section noted above so that future improvements can possibly occur to the home(s). CLOSED SESSION OPEN SESSION APPROVAL OF THE MINUTES FROM JUNE 26, 2014. MISCELLANEOUS BUSINESS ADJOURN NOTICE 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 MUSKEGO COMMUNITY DEVELOPMENT DEPARTMENT, (262) 679-4100. Appeal # 01-2015 ZBA 7-23-2015 Page 1 of 2 City of Muskego City Representative Brief Zoning Board of Appeals Supplement 01-2015 For the meeting of: July 23, 2015 REQUESTING: Under the direction of Chapter 17 - Zoning Ordinance: Section 5.08(2) – Only One Principal Residence Building on a Lot (2) Except as specifically otherwise provided herein for attached single family dwellings, apartment, farms, or planned development projects only one principal residence building shall be permitted on a lot, provided however that the Board of Appeals may grant an exception to permit more than one principal building on a lot where such grant would not be contrary to the spirit or intent of the Ordinance or to the regulations applicable to the specific district, and provided that a sufficient lot area is provided and the buildings so located as to permit individual compliance in the case of future division with the lot size, density, building location, and open space requirements of the district in which located. APPELLANT: Lawrence William Wiesner LOCATION: S76 W18264 Janesville Road / Tax Key No. 2195.989 CITY’S POSITION PRESENTED BY: Adam Trzebiatowski AICP, City Representative BACKGROUND The petitioner would like to be able to add-on to one of the existing homes on the lot in question. As the zoning currently exists that is not allowable since there are currently two single-family homes on this property. Having two homes on one property is deemed a non-conforming use of the land. The non- conforming use section of the code does not allowed expansion. As such, additions to the existing homes are not allowable without a variance. There is a provision in the zoning code that allows the Zoning Board of Appeals to grant an exception to permit more than one house on a property if they feel certain conditions are met. The parcel is zoned RL-3, Lakeshore Residence District. The property is located on Janesville Road on Little Muskego Lake’s southern shore. The petitioner is seeking the following variance: An exception to the requirement that only allows one single-family home per lot. There are currently two single-family homes on this property, which is currently deemed a legal non-conforming use. The owners would like to be allowed to keep both homes on the lot legally per the code section noted above so that future improvements can possibly occur to the home(s). DISCUSSION As is noted above, the zoning code states that the Zoning Board of Appeals can grant an allowance of more than one home on a property if they Board feels the following is met: Appeal # 01-2015 ZBA 7-23-2015 Page 2 of 2 “…where such grant would not be contrary to the spirit or intent of the Ordinance or to the regulations applicable to the specific district, and provided that a sufficient lot area is provided and the buildings so located as to permit individual compliance in the case of future division with the lot size, density, building location, and open space requirements of the district in which located.” This case is different than other typical Zoning Board of Appeals request. The main difference is that a hardship does not have to be proven, but rather the Board needs to look at the overall proposal and determine if it meets the intent of the zoning code and if the layout of the buildings would allow future separation of the homes onto separate lots if needed. A variance like this is not something that would typically be encouraged by the City for new home construction, but in the case of this proposal there is a uniqueness in that both of the homes already exist on the one lot and the petitioner is just asking to be able to keep what’s currently there and to be able to improve the home(s). The homes on this lot were built a long time ago, before our current codes were in place. Also, the applicant has stated that both of the homes would only be used by their family and that neither of the homes would be rented out. Relating to the possible future land division potential that the code section notes, it appears to staff , based upon a sketch lot layout drawing, that the layout of the homes on this lot lot could allow for a possible future division if necessary. This is based upon a preliminary sketch submitted by the petitioner. As such, staff does not see any issues with the proposed granting of allowing two single-family homes on this property. BASED UPON THE FOREGOING, THE CITY RESPECTFULLY REQUESTS: Approval of Appeal 01-2015, allowing two single-family homes on this single property citing that two homes have existed on this property before our current codes were in place and since the granting of this is not contrary to the spirit or intent of the Ordinance or to the regulations applicable to the specific district. This approval is recommended to be subject to the approval being contingent upon the homes never being rented and never being occupied by residents that are not related to the owners of the other home through blood, marriage, or adoption. This would be similar to other code sections that allow two homes on one property, such as in the Guest House regulations, w here the 2nd home cannot be rented or leased. This would then follow the spirit and intent of the Zoning Code. MUSK EG Othe City of Ar ea o f Inte restI080160 Fee t Ag en da Item(s) Pr op er tie s Zon in g D istr ic ts Rig ht -o f-Way Hy dr og rap hy Supp lem ental MapAppeal # 01 -20 15 Law re nce W illiam Wie sner S7 6 W 182 64 Ja nes v ille Ro ad J A N E S V I L L E L O O M I S R D RA CIN E AV DURHAM W O O D S CO LL EG E Pre p ar ed b y C ity o f Mu ske g o P la n n in g D e p ar tm e nt Da te : 7 /1 6/2 0 15 Unapproved CITY OF MUSKEGO ZONING BOARD OF APPEALS MINUTES June 26, 2014 6:00 PM Muskego City Hall, Muskego Room, W182 S8200 Racine Avenue CALL TO ORDER Dr. Kashian called the meeting to order at 6:00 PM. PLEDGE OF ALLEGIANCE Those present recited the Pledge of Allegiance. ROLL CALL Present: Dr. Russ Kashian, Butch Le Doux, Richard Ristow, Rick Petfalski, Henry Schneiker (6:15 PM) and Planner Adam Trzebiatowski. Absent: Dr. Barb Blumenfield. STATEMENT OF PUBLIC NOTICE This meeting was noticed in accordance with the open meeting laws on June 20, 2014. 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 NEW BUSINESS Appeal #05-2014 Petitioner: Glenn Byal & Connie Krickeberg Property: S79 W16061 Bay Lane Place / Tax Key No. 2217.989 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 Bay Lane Place right-of-way line on the above mentioned lot. The petitioner seeks a setback of 10.7-feet from the right-of-way line for a new detached garage, and is therefore requesting a 14.3 foot variance from the required right of way setback. And, An offset of 6.7-feet is required from the side (north) lot line on the above mentioned lot. The petitioner seeks an offset of 5-feet from the side lot line for a new detached garage, and is therefore requesting a 1.7-foot variance from the required side offset. And, An offset of 10-feet is required from the side (west) lot line on the above mentioned lot. The petitioner seeks an offset of 7-feet from the side lot line for a new detached garage, and is therefore requesting a 3-foot variance from the required side offset. Dr. Kashian made a motion to vote on Appeal #05-2014 separately and to approve #1 - An exception to the required 25-foot setback from the right-of-way line of Bay Lane Place for construction of a 22' x 25' detached garage on the property, and to approve #2 - An exception to the required 6.7-foot offset from the north side lot line for construction of a detached garage on their property, and to deny #3 - An exception to the required 10-foot offset from the west side lot line for construction of a detached garage on their property. Mr. Schneiker seconded. Dr. Kashian withdrew his original motion, and Mr. Schneiker withdrew his second. #1 - An exception to the required 25-foot setback from the right-of-way line of Bay Lane Place for construction of a detached garage on their property. Henry Schneiker made a motion to approve #1- An exception to the required 25-foot setback from the right-of-way line of Bay Lane Place for construction of a detached garage on their property. Dr. Russ Kashian seconded. Motion Passed 5 in favor. #2 - An exception to the required 6.7-foot offset from the north side lot line for construction of a detached garage on their property. Butch LeDoux made a motion to approve #2- An exception to the required 6.7-foot offset from the north side lot line for construction of a detached garage on their property. Dr. Russ Kashian seconded. Motion Passed 5 in favor. #3 - An exception to the required 10-foot offset from the west side lot line for construction of a detached garage on their property. Butch LeDoux made a motion to approve #3 - An exception to the required 10-foot offset from the west side lot line for construction of a detached garage on their property. Aaron Robertson seconded. Motion Passed 5 in favor. CLOSED SESSION OPEN SESSION APPROVAL OF THE MINUTES FROM APRIL 24, 2014. Dr. Russ Kashian made a motion to approve the minutes of April 24, 2014. Butch LeDoux seconded. Motion Passed 6 in favor. MISCELLANEOUS BUSINESS None. ADJOURN Dr. Russ Kashian made a motion to adjourn at 6:57 PM. Butch LeDoux seconded. Motion Passed 6 in favor. Respectfully submitted, Kellie McMullen, Recording Secretary