ZONING BOARD OF APPEALSMinutes - 9/26/2013
Approved
CITY OF MUSKEGO
ZONING BOARD OF APPEALS MINUTES
September 26, 2013
6:00 PM
Muskego City Hall, Muskego Room, W182 S8200
Racine Avenue
CALL TO ORDER
The meeting was called to order at 6:00 PM.
PLEDGE OF ALLEGIANCE
Those present recited the Pledge of Allegiance.
ROLL CALL
Present: Dr. Barbara Blumenfield (Chairman), Henry Schneiker (Vice Chairman), Mr. Butch
LeDoux, Mr. Blaise DiPronio, and Planner Trzebiatowski. Absent: Dr. Russell Kashian, Mr.
Aaron Robertson, and Mr. Richard Ristow.
STATEMENT OF PUBLIC NOTICE
The meeting was noticed in accordance with the open meeting laws.
NOTICE OF CLOSED SESSION
PLEASE TAKE NOTICE that the Board of Appeals of the City of Muskego may convene, upon
passage of the proper motion, into closed session pursuant to Section 19.85(1)(a) of the State
Statutes for the purpose of deliberating concerning cases which were the subject of a quasi-
judicial hearing; said cases being the appeals described below. The Board of Appeals will
then reconvene into open session.
OLD BUSINESS
None.
NEW BUSINESS
APPEAL #03-2013
Petitioner: Dan Klappa on behlaf of Ross and Edie Pokora
Property: S76 W18572 Kingston Drive / Tax Key No. 2195.018
REQUESTING: Under the direction of Chapter 17 Zoning Ordinance: Section 3.08(1) Appeal
Provisions, Petitioner seeks the following variance
Chapter 17—Zoning Ordinance: Section 6.02 - Non-Conforming Parcels
(1) Minimum Required: No building, covered structure, or impervious surface shall be
placed, erected, structurally altered or relocated on a lot so as to reduce the usable open area
of such lot to less than the minimum required amount as identified by the underlying zoning
district or less than 75% of the total lot size
The minimum open space allowed on this property is 6,437 square feet (75% of the 8,583
square foot lot). The appellant is proposing to reconstruct a portion of their home and add a
small addition, resulting in 69% (5,914 square feet) of the lot area being preserved as open
space, and is therefore requesting a 6% (523 square foot) variance to the Code requirement.
Vice Chairman Schneiker swore in the following:Adam Trzebiatowski - City StaffDan Klappa -
Contractor Ross Pokora - PetitionerEdie Pokora - Petitioner
Mr. Trzebiatowski gave the city's opinion based on the Zoning Code. When the petitioner's
purchased this home they stated they were not aware of the numerous issues with this
property. One of those being that the existing lot layout exceeded the required amount of open
space by 1,011 square feet. The owners are proposing to reconstruct an existing sun room into
full living space with a basement underneath and add two additional feet to the lake side of the
home. the owners are proposing to remove a concrete walkway and a concrete fire pit pad on
the lot. This would leave the property approximately 523 square feet over the allowed open
space amount, down from the existing 1,011 square feet. This would reclaim approximately
488 square feet of open space.
Mr. Trzebiatowski added that the petitioner stated in the submittal that the hardship is based
upon the small size of the lot and the past work that has been done on the property over the
years that has made it non-compliant with the open space requirements. The hardship is not
self-created. These are issues that were existent before they bought the property and are
proposing to bring the property closer to compliance with the open space regulations. the
proposal meets all setback and offset regulations so it appears there should not be a negative
impact to the surrounding properties. The petitioner has included a signed letter from some of
the surrounding owners stating they do not object to the proposed project.
Staff is recommending approval of appeal 03-2013 allowing an exception to the required 75%
open space (6,437 square feet) so that the resulting open space will be 69% (5,914 square
feet) of the lot, which is a 6% (523 square feet) variance; citing the unique size of the lot and
the existing open space overage that is going to be brought further into compliance as part of
the proposed project. the hardship is not self-imposed since the owners are helping bring this
existing property further into compliance and since it was purchased this way.
The petitioner, Ross Pokora, was present and explained the hardships are the size of the lot
and the house being modified before they bought it. Mr. Pokora added with the proposal they
will be bringing the property more into compliance.
With no further comments or questions, Chairman blumenfield closed the public comment and
the Board went into deliberations.
DELIBERATION
Mr. DiPronio stated the hardship was not self created and it is unique to the property, which
falls under the Boards definition of a hardship. Mr. DiPronio also stated he has no problem
voting in favor of this appeal because the property owner is reclaiming about 500 square feet
and will not affect the neighbors.
Henry Schneiker made a motion to approve APPEAL #03-2013 as submitted. Blaise Di
Pronio seconded.
Motion Passed 4 in favor.
CLOSED SESSION
OPEN SESSION
APPROVAL OF THE MINUTES FROM AUGUST 29, 2013.
Henry Schneiker made a motion to approve the minutes of August 29, 2013. Butch
LeDoux seconded.
Motion Passed 4 in favor.
MISCELLANEOUS BUSINESS
ADJOURN
Blaise Di Pronio made a motion to adjourn at 6:16 PM. Dr. Barbara Blumenfield
seconded.
Motion Passed 4 in favor.
Respectfully submitted,
Kellie McMullen,
Recording Secretary