boam19960926
CITY OF MUSKEGO
BOARD OF APPEALS
MINUTES OF BOARD OF APPEALS MEETING HELD ON SEPTEMBER 26, 1996.
PRESENT: Chairman O'Neil, Dan Schepp, Henry Schneiker, Heather Schuster, James Ross, Mike Brandt and Carlos Trejo. Mr. Herda arrived at 8:00 P.M.
MINUTES: Schepp made a motion to approve the minutes of August 22, 1996, as presented. Schneiker seconded. Upon voice vote, the minutes of August 22, 1996, were approved unanimously.
NEW BUSINESS: Appeal # 26-96, Mark Menge, W170 S6971 Southern Drive, Muskego, REQUESTING: Under the direction of Section 3.08 (1) Appeal Provisions, Petitioner seeks two (2) variances:
1. Chapter 30--Municipal Building Code: Chapter 11--Garages, Section 30.43 (4) General Requirements: Foundations and Footings. Said regulation requires an exterior wall curb not
less than four (4) inches above the finished ground grade adjacent to the garage; Chapter 30--Municipal Building Code: Chapter 11--Garages, Section 30.43 (5) General Requirements:
Floor Surface, said regulation requires the floor surface of all private garages to be sloped toward the exterior garage door or opening. Petitioner seeks not to provide an exterior
wall curb and install a flat slab rather than a sloped one.
Mr. Schepp administered an oath.
Mr. Trejo described the zoning for the Board as RS-1, 20,000 S.F. Suburban Residence District. Mr. Trejo explained to the Board that the structure had Plan Commission approval and
met all the zoning requirements. However, upon inspection by the Building Department, the inspector denied the review because the structure did not meet the stated code requirements.
Mr. Menge explained he had an inspection on his slab for his garage, the Inspector disapproved the slab. There are no curbs and the slab is flat. The contractor laid the slab as
built to avoid the collection of water between the entry way and the terrain. The hardship stated was the downward slope of the topography at the garage location. The apron is
pitched to compensate for the flat slab.
Appeal # 27-96Dennis G. Cindric, S70 W19099 Wentland 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) Building Location: Offsets. Said regulation restricts the offset of any structure 4.3 feet from the eastern property line. Petitioner
seeks a zero (0) foot offset variance to build a detached garage on the eastern property line.
Mr. Schepp administered an oath.
Mr. Trejo described the zoning as RS-3/OED, 11,250 S.F. Suburban Residence District in and Existing Development.
Mr. Cindric explained when he purchased this property there was a garage that needed to be removed because it encroached on the west lot line. The current building director, Mr.
Jerry Lee gave him verbal permission to rebuild in the same location. Mr. Dykstra, the current building director, however, will not issue a permit due to the fact it is too close
to the west lot line. Mr. Cindric tried explaining the location of the west lot line, but without success.
Discussion continued on the reliability of the survey presented and the precise offset that the new garage would have.
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DELIBERATION:
APPEAL #26-97 The Board discussed the requirements set by the Uniform Building Code, how its application are used throughout the Southeastern Wisconsin Area, and how contractors
should be aware of these minimum construction standards. Ms. Schuster made a motion to deny appeal for lack of a sufficient hardship. Mr. Brandt seconded. Upon roll call vote,
motion to deny was unanimous. (Mr. Herda did not vote, he was not present for the discussion on this appeal).
APPEAL #27-96 The Board discussed the viability of the survey presented. Mr. Brandt made a motion to defer for no more than 90 days in order for Mr. Cindric to have a new survey
prepared. The new survey should include the garage location, along with its dimensions, at least two (2) offset dimensions showing the distance of the garage from the lot line and
existing home. Mr. Cindric would be allowed to return to the Board of Appeals without paying additional fees. Mr. Schneiker seconded. Upon roll call vote, motion to defer was
unanimous. (Mr. Herda did not vote, he was not present for the discussion on this appeal).
MISCELLANEOUS BUSINESS: The meeting for December was scheduled for December 12, 1996, there will be no November meeting.
ADJOURNMENT: Mr. Schepp made a motion to adjourn. Mr. Herda seconded. With no further business to come before the Commission, the meeting was adjourned at 8:30 P.M. Motion carried.
Respectfully submitted,
Susan J. Schroeder
Recording Secretary