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boam19960530 CITY OF MUSKEGO BOARD OF APPEALS MINUTES OF BOARD OF APPEALS MEETING HELD ON MAY 23, 1996. PRESENT: Chairman O'Neil, Dan Schepp, Henry Schneiker, Mike Brandt, Heather Schuster, and James Ross ABSENT: Ed Herda MINUTES: Mr. Schepp made a motion to approve the minutes of April 25, 1996, as presented. Mr. Brandt seconded. Upon voice vote, the minutes of April 25, 1996, meeting passed unanimously. OLD BUSINESS Appeal # 13-96 Mark R. Pfuehler, S75 W13901 Bluhm Court, Muskego.REQUESTING: Under the direction of Section 3.08 (1) Appeal Provisions, Petitioner seeks one (1) variance: 1) Chapter 17--Zoning Ordinance: Sections 5.02 (3) A Building Location: Offsets. Said regulation requires a 15 foot offset on the eastern property line. Petitioner seeks a 3 foot variance to permit a deck with a 12 foot offset. Mr. Trejo reported to the Board that the petitioner had altered his plans to bring the proposed deck into conformity with the zoning ordinance. Mr. Brandt made a motion to deny the appeal due to no reasonable hardship being requested and that the petitioner was able to meet the required zoning offset. Mr. Schneiker seconded. Upon a roll call vote, the Board denied Appeal #13-96 unanimously. NEW BUSINESS Appeal # 14-96 Fred Arbanella, W198 S11075 Racine Avenue, Muskego. REQUESTING: Under the direction of Section 3.08 (1) Appeal Provisions, Petitioner seeks one (1) variance: 1) Chapter 17--Zoning Ordinance: Sections 5.02 (3) A Building Location: Offsets. Said regulation requires a minimum 10 foot offset. Petitioner seeks a six (6) foot variance to permit a detached garage located four (4) feet from the lot northern property line. Mr. and Mrs. Arbenella were sworn in. Mr. Trejo explained to the Board the ordinance and zoning requirements associated with RS-2/OLS zoning. Mr. Trejo further discussed the awkward shape of the lot. Mr. Arbanella explained to the Board that he had received approval for the proposed accessory structure, but once the structure was staked out, it was discovered that the turning radius for the garage would cause difficulty. Trying to move the garage to the other side would block off a joint access drive he shares with his neighbor to the south. This left no other alternative but to shift the garage to the north and into the offset area. Appeal # 15-96 Richard G. Bennett, S90 W13960 Boxhorn Drive, Muskego. REQUESTING: Under the direction of Section 3.08 (1) Appeal Provisions, Petitioner seeks offset variances: Chapter 17--Zoning Ordinance: Sections 5.02 (3) A Building Location: Offsets. Said regulation requires a 30 foot offset and 40 foot offset from interior property lines. Petitioner seeks three (3) offset variances for existing structures to conform to a proposed land division. 1). A 21 foot offset from the northern property line and a 28.85 foot variance from the south property line on Parcel 3. 2). A 21.42 foot offset variance from the northern property line and a 1.45 foot variance from the western property line on Parcel 2. 3). A 4.5 foot offset variance form the southern property line on Parcel 4. Mr. Trejo explained the RS2/OLS/OLR zoning, stating the OLR takes precedent over the other zoning catagories, thus the RS-2 zoning offsets of 15 feet and 20 feet are doubled. Mr. Trejo told the Board that subject appeal has been approved by the Plan Commission as a sketch, any changes would require Plan Commission approval and any future modifications by the Plan Commission would require Board Approval if additional variances are still required. Mr. Schepp administered an oath to Mr. Bennett. Mr. Bennett explained Plan Commission had approved a sketch for the CSM, however, variances are required for the offsets. This property has been in existence since 1928. The reason for the variance for the north lotline is the traps are located there as well as a public walkway. The second variance is required to separate the house and the tavern, which would mean he could sell each separately. The third variance would allow him 3 acres to build his retirement home on. *************************************************************** DELIBERATION APPEAL #14-96 FRED ARBANELLA, W198 S11075 RACINE AVENUE. Mr Schepp made a motion to grant the variance as requested. Hardship being the shape of lot and the shared driveway. The request would not be harmful or jeopardize public safety or welfare and would be compatible with the surrounding character of the neighborhood. Mr. Schneiker seconded. Upon roll call vote, the motion to grant the variance was approved unanimously. APPEAL #15-96 RICHARD BENNETT, S90 W13960 BOXHORN DRIVE. Mr. Schneiker made a motion to alter the variances as follows: Request #1, the 21 foot northern offset variance on parcel 3 was denied as requested since their was no sufficient hardship identified, but the southern 28.85 variance from the southern property line of parcel 3 will be granted due to the pre-existing location of the two structures. Request #2, The 21.42 offset variance from the northern property line of parcel 2 was granted due to the pre-existing location of the two structure, however, the 1.45 foot variance from the eastern most property line of parcel 2 was denied due to lack of a sufficient hardship. Request #3, the 4.5 foot variance from the southern property line of parcel 4 was denied due to lack of a sufficient hardship. Mr. Schneiker further stated that any additions/remodifications to the existing structures or any new structures must meet all zoning offsets and setbacks for the RS-2/OLS District, variances are for the current conditions of the existing structures only. Such variances will be within the spirit of the zoning ordinance, will not jeopardize public safety or welfare, and would maintain the character of the general area. Mr. Brandt seconded. Upon roll call vote, motion was approved unanimously. MISCELLANEOUS BUSINESS Mr. Trejo reported to the Board that both city Fire Chiefs' and the City of Muskego Fire Code Coordinator have raised concerns over raising the maximum height for single family dwelling units. A detailed report and invitation to both fire departments will be provided in the next scheduled meeting. ADJOURN Mr. Schepp made a motion to adjourn at 9:00 P.M. Mr. Schneiker seconded. With no further business to come before this board, meeting adjourned. Respectfully submitted, Susan J. Schroeder Recording Secretary