boam19960627
CORRECTED
CITY OF MUSKEGO
BOARD OF APPEALS
MINUTES OF BOARD OF APPEALS MEETING HELD ON JUNE 27, 1996.
PRESENT: Chairman O'Neil, Dan Schepp, Henry Schneiker, Mike Brandt, Ed Herda, Heather Schuster, and James Ross.
MINUTES: Mike Brandt made a motin to approve the minutes of May 23, 1996, as presented. Dan Scheep seconded. Upon voice vote, the minutes of May 23, 1996, were passed unanimously.
NEW BUSINESS
Appeal # 16-96
Cyril and Holly Stendel, S64 W18888 School Drive, 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 9 foot offset. Petitioner seeks a six (6) foot variance to permit a detached
garage located three (3) feet from the lot northern property line.
Mr. Trejo explained the zoning as a RS-3/OED, 15,000 S.F. Suburban Residence District in an Existing Development.
Mr. Schepp administered an oath to Mr. and Mrs. Stendl.
Mr. Stendl explained he wishes to remove the carport and build an enclosed and expanded garage in its present location, three (3) feet off the eastern property line. Due to the
existing grade drop behind the home, they do not want to locate a detached garage in the rear of the lot due to the slope that would be necessary for the driveway and would lose
space swinging around. The hardship cited was the grade drop of the lot, the narrowness of the lot and the existing location and interior configuration of the house on the lot.
Appeal # 17-96 Randy and Shirley Reinke, W148 S6560 Brookside Drive Muskego. REQUESTING: Under the direction of Section 3.08 (1) Appeal Provisions, Petitioner seeks two (2) variances:
1. Chapter 17--Zoning Ordinance: Sections 4.05 (2) C.4 Accessory Uses and Structures: Permanent Structures. Said regulation restricts the size of a detached garage to no more
than 60% of the floor area of the principal building on the lot. Petitioner seeks 6.0% (77 s.f.) size variance to expand a garage to 66% (850 s.f.) of the total floor area of the
principal building.
2. Chapter 30--Building Code: W.U.B.C. Chapter XI, Section 30.43 (3): Garages: Area (Firewall Section). Said section sets the maximum size of wood or metal frame constructed
garages at 720 square feet. Petitioner seeks a firewall variance to permit construction of a 850 square foot detached garage structure.
Mr. Trejo described the zoning as a RS-1, 20,000 S.F. Suburban Residence District.
Mr. Schepp administered an oath to Mr. and Mrs. Reinke.
Mr. Reinke explained they wish to add 14 feet to their current garage and change the gable on roof to accommodate the new roof. The lot is large, meeting RS-1 standards, however,
many of the homes in the area are smaller than the district minimum. The hardship cited was the need for additional storage and the existing foot print of the home limiting them
to only 60% of the floor area when the lots size is over 30,000 square feet.
Appeal # 18-96 Steven and Kathleen Findley, W186 S9159 Racine Avenue Muskego. REQUESTING: Under the direction of Section 3.08 (1) Appeal Provisions, Petitioner seeks four (4) variances:
1. Chapter 17--Zoning Ordinance: Sections 8.01 (7) B.2 Individual District Regulations: Permitted Accessory Uses. Said regulations limits the size of all accessory buildings to
1% of the total lot area. Petitioner seeks a 614 square foot variance to construct a 1,620 accessory structure.
2. Chapter 30--Building Code: W.U.B.C. Chapter XI, Section 30.43 (4): Garages: General Requirements. Said section requires all detached private garages to be built with a concrete
floor of at least four (4) inches in thickness or a continuous floating slab of reinforced concrete not less than four (4) inches in thickness. Petitioner seeks not to install a
concrete floor or slab.
3. Chapter 30--Building Code: W.U.B.C. Chapter XI, Section 30.43 (3): Garages: Area (Firewall Section). Said section sets the maximum size of wood or metal frame constructed
garages at 720 square feet. Petitioner seeks two firewall variances to permit construction of a 1,620 square foot detached garage structure.
4. Chapter 17--Zoning Ordinances: Sections 5.03 (1) Height. Said regulation restricts the height of accessory structures to 15 feet. Petitioner seeks a five (5) foot height variance
to build a 20 foot high accessory structure.
Mr. Trejo explained the zoning as being R-1, 80,000 S.F. Country Home District. He also told the Board, that the request for a variance on the height was no longer necessary, due
to the fact that the petitioner's lot exceeded 120,000 square feet, allowing for 25 foot accessory structures. Mr. Trejo also explained to the Board that the Plan Commission has
given approval to the use of the structure and its permitted size by code.
Mr. Schepp administered an oath to Mr. and Mrs. Findley.
Mr. Findley explained Plan Commission approved a 1,006 square foot accessory structure. Mr. Findley explained they have four horses and need the extra 614 square feet to house these
animals. Mrs. Findley produced statements from veterinarians stating concrete floors are not healthy for horses. Mr. Findley explained how the building will have stalls and there
would be no room for a firewall. There will be hay stored above the horse stalls. Mr. and Mrs. Findley removed the request for a height variance.
Appeal # 19-96 Dennis J. Rau, S110 W20424 South Denoon Road
Muskego. REQUESTING: Under the direction of Section 3.08 (1) Appeal Provisions, Petitioner seeks three (3) variances:
1. Chapter 17--Zoning Ordinance: Sections 4.05 (2) C.4 Accessory Uses and Structures: Permanent Structures. Said regulation restricts the size of a detached garage to no more
than 60% of the floor area of the principal building on the lot. Petitioner seeks 18.0% (198 s.f.) size variance to build a second accessory structure (20' X 36') which will total
78.0% (860 s.f.) of the total floor area of the principal building.
2. Chapter 17--Zoning Ordinance: Sections 5.02 (3) Building Location: Offsets. Said regulation restricts the offset of any structure 9.1 feet from the eastern property line. Petitioner
seeks a 6.1 foot offset variance to build an accessory structure.
3. Chapter 17--Zoning Ordinances: Sections 5.03 (1) Height. Said regulation restricts the height of accessory structures to 15 feet. Petitioner seeks a 6.5 foot height variance
to build a 21.5 foot high accessory structure.
Mr. Trejo explained the zoning as being RS-2/OLS, 20,000 S.F. Suburban Residence District in a Lake Shore District. Mr. Trejo also explained to the Board that the Plan Commission
has given approval to the use of the structure and its permitted size by code.
Mr. Schepp administered an oath to Mr. Rau.
Mr. Rau explained he needs storage for the pontoon boat, fishing boat, jet ski and jet ski lift. He is proposing to have the roof match the current lines of his existing buildings.
The lot is long enough, but it is not possible to build at any other location because of the contour and in winter the water ponds and freezes.
Appeal # 20-96 Linda Sulla and Ted Erickson, W188 S7580 Oak Grove Drive, Muskego. REQUESTING: Under the direction of Section 3.08 (1) Appeal Provisions, Petitioner seeks four (4)
variances:
1. Chapter 17--Zoning Ordinance: Sections 4.05 (2) C.4 Accessory Uses and Structures: Permanent Structures. Said regulation restricts the size of a detached garage to no more
than 60% of the floor area of the principal building on the lot. Petitioner seeks 8.5% (67 s.f.) size variance to build a second accessory structure (20' X 26') which will total
68.5% (536 s.f.) of the total floor area of the principal building.
2. Chapter 17--Zoning Ordinance: Sections 5.02 (1) Building Location: Location Restricted. Said regulation restricts the setback of any structure to 25 feet and the offset of any
structure of 3.4 feet. Petitioner seeks a 24 foot setback variance and a 2.4 foot offset variance to build an accessory structure.
3. Chapter 17--Zoning Ordinance: Sections 4.05 (2) E Accessory Uses and Structures: Permanent Structures. Said regulation restricts the offset of any paved surface to three (3)
feet from a neighboring property line. Petitioner seeks a two (2) foot variance to place a garage one (1) foot from the northern property line.
4. Chapter 17--Zoning Ordinances: Sections 5.03 (1) Height. Said regulation restricts the height of accessory structures to 15 feet. Petitioner seeks a two (2) foot height variance
to build a 17 foot high accessory structure.
Mr. Trejo explained zoning as being RS-3/OLS, 15,000 S.F. Suburban Residence District in a Lake Shore District.
Dan Schepp administered an oath to Ms. Sulla and Mr. Erickson.
Ms. Sulla described the lot and the only location available to build a garage. They currently do not have a garage, and they are in need of storage. The garage will be built to
match the home.
******************************************************************DELIBERATIONS
APPEAL #16-96 Cyril and Holly Stendel, S64 W18888 School Drive. Mr. Schneiker made a motion to grant the appeal as requested. The hardship being the narrowness of the lot, the
grade change behind the home, and the location of the existing structure. The request would not be harmful or jeopardize public safety or welfare and would be compatible with the
surrounding character of the neighborhood. Mrs. Schuster seconded. Upon roll call vote, the motion to grant the variance was approved unanimously.
APPEAL #17-96 Randy and Shirley Reinke, W148 S6560 Brookside Drive. Mr. Dan Schepp made a motion to grant the variance as requested. The hardship being the house is undersized
for the lot, the preexisting structure, and lack of storage. The request would not be harmful or jeopardize public safety or welfare and would be compatible with the surrounding
character of the neighborhood. Mr. Herda seconded. Upon roll call vote, the motion to grant the variance was approved unanimously.
APPEAL #18-96 Steven and Kathleen Findley, W186 S9159 Racine Avenue. Mrs. Schuster made a motion to grant the variance as follows: Allowing a variance for a 1,620 square foot structure
to be constructed to house animals to be built without a concrete floor as long as it continues for this use. The variance allows the structure to be built without a firewall.
The request would not be harmful or jeopardize public safety or welfare and would be compaible with the surrounding character of the neighborhood. The request for a height variance
was not addressed as it was no longer deemed necessary. Mr. Brandt seconded. Upon roll call vote, the motion passed unanimously.
APPEAL #19-96 Dennis J. Rau, S110 W20424 South Denoon Road.
Mr. Schepp made a motion to grant a 198 square foot size variance to permit a 860 square foot accessory structure, the hardship cited was the narrowness of the lot, the lack of storage,
and topography concerns. The request for a height varinace was denied due to lack of hardship. 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. Schneiker seconded. Upon roll call vote, the motion was approved unanimously.
APPEAL #20-95 Linda Sulla and Ted Erickson, W188 S7580 Oak Grove Drive. Mr. Schneiker made a motion to grant a variance as to build a 536 square foot garage granting a 24 foot setback
varinace and a 2.4 foot offset variance, one foot from the northern lot line, due to the irregular shaped lot, lack of another suitable location, and the preexisting location of
the primary structure. The 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. The request for a 2 foot height variance was denied due to the lack of hardship. Mr. Herda seconded. Upon roll call vote, the motion was approved unanimously.
ADJOURNMENT: Mr. Herda made a motion to adjourn. Ms. Schuster seconded. With no further business to come before the Commission, the meeting was adjourned at 10:30 P.M. Motion
carried.
Respectfully submitted,
Susan J. Schroeder