Zoning Board of Appeals- - Minutes 09/28/2000
ZONING BOARD OF APPEALS MINUTES
SEPTEMBER 28, 2000
Meeting was called to order at 7:00 P.M.
PRESENT: Chairman Schepp, Vice Chairman Schneiker, Terry O’Neil, Mike Brandt, David
Conley, Assistant Plan Director Dustin Wolff and Recording Secretary Schroeder.
ABSENT: Barbara Blumenfield
STATEMENT OF PUBLIC NOTICE: Secretary reported notice was provided in accordance
with the Open Meeting Laws.
Appeal #08-2000 Petitioner: Diane Ruehle, Residence: S77 W18312 - 14 Janesville
Road, Muskego, WI 53150 REQUESTING: Under the direction of Chapter 17 Zoning
Ordinance: Section 17:3.08(1) Appeal Provisions, Petitioner appeals the following
Administrative decision: Chapter 17—Zoning Ordinance: Section 4.06(2) D.1.
Nonconforming Use of Land: No such use shall be expanded or enlarged. The City’s Zoning
Code does not permit two residential structures on a single parcel. Two single-family
residences exist on the petitioner’s property. These structures were constructed prior to
the establishment of the City’s Zoning Code, and are classified as a non-conforming use of
land. It is the determination of the Zoning Administrator that an addition to a structure
located on such a property would be deemed an expansion or enlargement of the non-
conforming use.
Petitioner seeks to construct an attached garage addition to an existing residential
structure. The addition will not result in the expansion of habitable space on the property.
Zoned: Rs-3/OLS, Suburban Residence District as modified by the Lakeshore Overlay.
This was deferred at the August meeting to obtain a legal opinion from the City Attorney.
Mr. Schneiker administered the oath to the petitioner Diane Ruehle. Ms. Ruehle reiterated
that she would like consideration of the appeal to accommodate an elderly handicapped
parent.
Mr. Wolff reminded the Board this is an administrative interpretation; and, therefore,
hardship is not an issue. The Board is to rule on whether staff made the correct
interpretation of the zoning code. Mr. Wolff then referenced the legal opinion rendered by
the City Attorney, and it stated that by over-ruling a correct interpretation by staff would,
in effect, remove the section from the code. Removing this section of the Zoning Code will
be setting a precedent for all future staff interpretations regarding non-conforming use.
DELIBERATION: Mr. Brandt made a motion to approve the appeal as submitted.
Mr. Schneiker seconded. A discussion ensued regarding the legal versus moral obligations
of this Board regarding the appeal, and the definition of the word “use”. Upon a roll call
vote, motion was defeated 3 –2. Mr. Schepp and Mr. Brandt voting yes.
APPROVAL OF THE MINUTES FROM THE AUGUST 24, 2000 MEETING: Mr. O’Neil
made the motion to approve the minutes as submitted. Mr. Brandt seconded. Upon voice
vote, minutes from August, 2000 were approved.
ZBA 9/28/2000
Page 2
MISCELLANEOUS BUSINESS: None
ADJOUNRMENT: At 8:45 P.M. Mr. Schneiker made a motion to adjourn. Mr. O’Neil
seconded. With no further business to come before this board, meeting was adjourned on
voice vote.
Respectfully submitted,
Susan J. Schroeder
Recording Secretary