ZONING BOARD OF APPEALSMinutes - 8/29/2013
Approved
CITY OF MUSKEGO
ZONING BOARD OF APPEALS MINUTES
August 29, 2013
6:00 PM
Muskego City Hall, Muskego Room, W182 S8200
Racine Avenue
CALL TO ORDER
The meeting was called to order at 6:10 PM.
PLEDGE OF ALLEGIANCE
Those present recited the Pledge of Allegiance.
ROLL CALL
Present: Dr. Barbara Blumenfield (Chairman), Henry Schneiker (Vice Chairman), Mr. Richard
Ristow, Mr. Aaron Robertson, and Planner Trzebiatowski. Absent: Dr. Russell Kashian and Mr.
Blaise Di Pronio
NEW BUSINESS
APPEAL #02-2013
Petitioner: Arthur J. Takishian
Property: W190 S7522 Richdorf Drive / Tax Key No. 2189.232
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 5.02 - 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.
An offset of 10-feet is required from one of the side lot lines on the above mentioned
lot. The petitioner seeks an offset of 3-feet from the side (southeastern) lot line for the
placement of an accessory structure, and is therefore requesting a 7-foot variance from
the required side offset.
Vice Chairman Schneiker swore in the following:
Adam Trzebiatowski – City Staff
Arthur Takishian – Petitioner
Elizabeth Biskobing, W190 S7544 Richdorf Drive
Robert Biskobing, W190 S7544 Richdorf Drive
Sandra Rohlinger, S75 W18970 Circle Drive
James Mortle, W176 S7408 Lake DriveDaniel Richards, W190 S7558 Richdorf DriveArthur
Takishian explained he built his home in 1971 following the setbacks and placed the home
between other homes that were built, and planted trees. There was a need for a shed to store
a riding lawn mower, snow blower and outboard motors. The neighbor at the time bought a
shed and asked Mr. Takishian if he could put the shed by the lot line. Mr. Takishian agreed
and then also bought a shed and placed it behind the neighbors shed. In 2009 a tornado
destroyed Mr. Takishian’s shed. He built a new 10 x 16 shed in 2010. The neighbors said it
was ok in the same location. Mr. Takishian stated he didn't know he needed a permit. Mr.
Takishian added there is no plumbing or electric to the shed and it sitting on a cement slab.
Dr. Blumenfield questioned who poured the slab. Mr. Takishian stated a contractor who lives in
Brookfield.
Dr. Blumenfield questioned who took out the permit to build the new home. Mr. Takishian
stated the builder took out the permits.
Elizabeth Biskobing, W190 S7544 Richdorf Drive, stated she owns the property next door
where the shed is located. She grew up in the house and then bought it. She has no problems
with the shed being located where it is.
Daniel Richards, W190 S7558 Richdorf Drive, stated he has lived in his home for 40 years and
never knew there were restrictions on where sheds could be located.
James Mortle, W176 S7408 Lake Drive, neighbor to the north. Mr. Mortle explained Mr.
Takishian created this situation to expand the property and views to the lake. Mr. Mortle further
explained that Mr. Takishian has a history of doing work without permits. Mr. Mortle requested
the appeal be denied or suggested that if the City wants to grant a variance that the variance
be a 7 foot setback to the ??? property line and 20 foot setback to the north property line.
Sandra R Rohlinger, S75 W18970 Circle Drive, stated Mr. Takishian will take out the proper
permits and the neighbors don't mind the location of the shed. The neighbors would rather
have the shed in it's current location than obstructing the views of the lake.
Mr. Takishian stated the hardship is the uniqueness of the pie shaped lot and the location of
the mature trees.
Mr. Trzebiatowski gave the city’s opinion. A 176 square foot accessory structure was built on
this property to replace an older accessory structure. The City has no records of either shed
being built. The current accessory building is located 0.9 feet over the south lot line. After
checking with the City Attorney, it was determined that the petitioner cannot request a variance
to be over the lot line. The petitioner is proposing to move the shed 3-feet away from the side
lot line. An offset of 10-feet is required from one of the side lot lines, 13.3 feet from the other
side lot line, 25 from the street setback and 50 feet from the lake. The petitioner seeks an
offset of 3-feet from the side (southeastern) lot line and is requesting a 7-foot variance from the
required side offset. Mr. Trzebiatowski noted that if the shed were 120 square feet or smaller
with a height of 9 feet it could be as close as 3 feet to the lot line or 5 feet away from the lot
line if it was 10 feet in height. Mr. Trzebiatowski explained there are other options on the
property where the shed can be located. The building could be located as close as 5-feet away
from the house with approved fire protection drywall. A variance would be needed to get closer
than the 5 feet.
Mr. Trzebiatowski requested a deadline of 2 months of the date of this meeting for the building
to be moved. Staff is recommending denial of Appeal 02-2013 citing that there are other
locations on the lot where the accessory structure can be built without a variance. The
hardships stated are self-imposed, financial based and not unique to this property.
With no other comments or questions Chairman Blumenfield closed public comment and the
Board went into deliberations.
Mr. Schneiker explained he is not seeing a valid hardship. The shed is not taking away the use
of the property and it could be moved to another location. The hardship is self-imposed.
Mr. Ristow agreed there is not a valid hardship.
Dr. Blumenfield explained a hardship cannot be financial. The shed looks nice and it would be
nice to not have to move trees but these are not hardships.
Mr. LeDoux made a motion to approve APPEAL #02-2013 as submitted. Mr.
Robertson seconded.
Motion Failed 1 in favor 4 opposed.
OPEN SESSION
APPROVAL OF THE MINUTES FROM JUNE 27, 2013.
Mr. Robertson made a motion to approve the minutes from June 27, 2013. Mr.
Schneiker seconded.
Motion Passed 4 in favor 1 opposed.
MISCELLANEOUS BUSINESS
None
ADJOURN
Mr. Robertson made a motion to adjounr at 7:02. Mr. Schneiker seconded.
Motion Passed 5 in favor.
Respectfully submitted,
Kellie McMullen,
Recording Secretary