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Zoning Board of Appeals Packet - 8/27/2015 CITY OF MUSKEGO ZONING BOARD OF APPEALS AGENDA August 27, 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 #02-2015 Petitioner: Bruce Lindl Property: W156 S7471 Martin Court / Tax Key No. 2197.197 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 5.07 – Open Space (1) Minimum Required: No building, covered structure, or impervious surface shall be placed, erected, structurally altered or relocated on a lot so as to reduce the usable open area of such lot to less than the minimum required amount as identified by the underlying zoning district or less than 75% of the total lot size. The minimum open space allowed on this property is 13,783 square feet (75% of the 18,377 square foot lot). The appellant is proposing to remove and replace an existing rear patio, which results in the minimum open space regulation on the property being exceeded which requires a variance to the Code requirement. CLOSED SESSION OPEN SESSION APPROVAL OF THE MINUTES FROM JUNE 26, 2014 AND JULY 23, 2015 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 # 02-2015 ZBA 8-27-2015 Page 1 of 3 City of Muskego City Representative Brief Zoning Board of Appeals Supplement 02-2015 For the meeting of: August 27, 2015 REQUESTING: 1. Under the direction of Chapter 17 - Zoning Ordinance: Section 5.07 – Open Space (1) Minimum Required: No building, covered structure, or impervious surface shall be placed, erected, structurally altered or relocated on a lot so as to reduce the usable open area of such lot to less than the minimum required amount as identified by the underlying zoning district or less than 75% of the total lot size. APPELLANT: Bruce Lindl LOCATION: W156 S7471 Martin Court / Tax Key No. 2197.197 CITY’S POSITION PRESENTED BY: Adam Trzebiatowski AICP, City Representative BACKGROUND The property owners recently found out that their existing elevated rear deck was moving and heaving due to improper footings and supports. Below this elevated deck is an existing 24’ x 39’ (936 SF) concrete patio. The posts and footing for the deck were located within this patio area. Due to the moving and heaving of the deck posts and footings, some of the patio squares within the patio also moved and heaved. As such the owners decided to remove the affected patio squares so that they could properly fix the deck posts and footings. There were approximately 14 patio squares that needed to be removed, which equaled about 350 SF in area. The owners decided that after the deck is repaired they want to remove the entire patio surface, including the remaining 586 SF of concrete, and replace it all with new concrete so it all looks uniform. As part of this plan a Zoning Permit was applied for, before any work began, to install a new/replacement patio of the same size as what previously existed. As part of the permit review by Planning staff it was discovered that the existing property is significantly over the open space limit and that no permits were previously pulled for the front walkways and for the rear patio. The patio and front walkways were installed by a previous owner. Approximate measurements by staff indicate that the property exceeds the open space regulation by approximately 900 square feet. Note - The petitioner did not get a new survey since they believe one was not necessary in their eyes since they made the statement that they were not asking to be more over their limit, but rather just asking to stay over by exactly whatever amount they are currently over by. Staff did not encourage this and typically encourages new surveys to be completed so that exact calculations can be made to determine exactly how much over open space regulations someone really is. The lot currently contains a single-family home. The parcel is zoned PD-32, Quietwood Creek Planned Development District. The property is located on Martin Court in the Quietwood Creek Subdivision. The petitioner is seeking the following variance: An exception to the required open space on this property. Appeal # 02-2015 ZBA 8-27-2015 Page 2 of 3 The minimum open space allowed on this property is 13,783 square feet (75% of the 18,377 square foot lot). The appellant is proposing to remove and replace an existing rear patio, which results in the minimum open space regulation on the property being exceeded which requires a variance to the Code requirement. DISCUSSION Based upon the information submitted, staff does not see a valid hardship to allow the full replacement of a patio, which only some of needs to be removed to properly repair the deck post/footing issues. While staff recognizes that approximately 350 SF of concrete needed to be removed to accommodate the deck repairs, that does not require the replacement of the 350 SF area with concrete. It also does not require the replacement of the entire patio since only a portion of it was actually damaged due to the deck issues/repairs. Staff has brought up to the petitioners that many other property owners have had issues with open space regulations recently and in the past and they have had to use pavers, permeable concrete, and/or permeable asphalt as a suitable alternative. Many new patio permits issued in the past few years have been for paver surfaces due to various reasons, with many of those being due to open space regulation issues. Since the petitioner is choosing to replace the entire patio, they have the ability to replace it with a material that brings the property further into compliance with the open space regulations. Here is a summary of the variance standards that are applicable to this case (and noted above): 1. Zoning Case Law states that “self-imposed hardships” and “circumstances of the applicant” are not grounds for granting a variance, such as wanting to replace the entire patio, even though only a portion of the patio needs to be replaced. Also, there are options as to what type of surface the patio can be replaced with. Pavers or permeable concrete/asphalt surfaces are all options that do not count against the open space limits. 2. Zoning Case Law states that “financial hardships” do not justify granting a variance. This could apply if the reason for not choosing to go with pavers or permeable concrete/asphalt surfaces would be financial based. Note - The owners have not stated that as a reason in their submittal at this time. 3. Zoning Case Law states that the Board may only grant the minimum variance needed, if they are even going to grant any variance. In a case like this, the board should look at what is the least variance that would relieve unnecessary burdens. There are other options that bring the property closer to compliance (or possibly into full compliance), such as using pavers or permeable concrete/asphalt surfaces and/or reducing the size of the patio area in general. At this time the proposal does not take any steps to help fix the open space violation. NOTE: Please remember that the City must base their recommendation upon a valid hardsh ip as defined by State Law and Zoning Case Law. Zoning Case Law states that a hardship must be unique to the property, it cannot be self-created, and must be based upon conditions unique to the property rather than conditions personal to the property owner(s). Case Law also states that a hardship should be something that would unreasonably prevent the owner from using their property for the permitted purpose or would render conformity with such restrictions unnecessarily burdensome. The Zoning Board of A ppeals needs to find a valid hardship in order to be able to approve a variance request. BASED UPON THE FOREGOING, THE CITY RESPECTFULLY REQUESTS: Denial of Appeal 02-2015, allowing an exception to the required 75% open space (13,783 square feet) for the installation/replacement of a 24’ x 39’ concrete patio; citing that pavers and/or permeable concrete/asphalt can be used as an alternative that would not require any type of open space variance. The hardship is self-imposed since the applicant is choosing to replace this patio with concrete versus a different permeable type material. Replacing the concrete patio with a Appeal # 02-2015 ZBA 8-27-2015 Page 3 of 3 paver and/or permeable concrete/asphalt surface would meet the Zoning Case Law requirement of the least variance possible, while still providing a usable patio for the homeowners. MUSK EG Othe City of Ar ea o f Inte restI075150 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 02 -20 15 Br uc e L in dlW156 S74 71 M art in C ou rt 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 : 8 /2 1/2 0 15 Unapproved CITY OF MUSKEGO ZONING BOARD OF APPEALS MINUTES July 23, 2015 6:00 PM Muskego City Hall, Muskego Room, W182 S8200 Racine Avenue CALL TO ORDER Chairman Blumenfield called the meeting to order at 6:00 PM. PLEDGE OF ALLEGIANCE Those present recited the Pledge of Allegiance. ROLL CALL Present: Chairman Blumenfield, Vice Chairman Schneiker, Mr. LeDoux, Mr. Petfalksi and Director Muenkel. Absent: Dr. Kashian, Mr. Ristow, and Mr. Robertson. STATEMENT OF PUBLIC NOTICE The meeting was noticed in accordance with the open meeting laws on July 16, 2015. 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 # 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). Henry Schneiker made a motion to approve Appeal #01-2015 as submitted with the stipulation that the secondary home could never be rented and never be occupied by residents that are not related to the owners of the primary home. Dr. Barbara Blumenfield seconded. Motion Passed 4 in favor. Discussion took place related to the possibility of renting the homes on the property. It was determined the primary home, closest to the road, could be rented as other properties in the City are allowed to do. The secondary home could not be rented as part of the stipulation of this approval. CLOSED SESSION OPEN SESSION APPROVAL OF THE MINUTES FROM JUNE 26, 2014. MISCELLANEOUS BUSINESS ADJOURN Respectfully submitted, Kellie McMullen, Recording Secretary 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