ZONING BOARD OF APPEALSMinutes - 4/24/2014
Unapproved
CITY OF MUSKEGO
ZONING BOARD OF APPEALS MINUTES
April 24, 2014
6:00 PM
Muskego City Hall, Muskego Room, W182 S8200
Racine Avenue
CALL TO ORDER
Chairman Dr. Barb Blumenfield called the meeting to order at 6:00 PM.
PLEDGE OF ALLEGIANCE
Those present recited the Pledge of Allegiance.
ROLL CALL
Present: Dr. Barb Blumenfield, Dr. Russ Kashian, Butch LeDoux, Richard Ristow, and Planner
Adam Trzebiatowski.
Absent: Henry Schneiker, Aaron Robertson and Rick Petfalski
STATEMENT OF PUBLIC NOTICE
The meeting was noticed in accordance with the open meeting laws on April 17, 2014.
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
NEW BUSINESS
APPEAL #03-2014
Petitioner: Marc & Teri Collins
Property: S70 W18861 Gold Drive / Tax Key No. 2180.940
REQUESTING: Under the direction of Chapter 17 Zoning Ordinance: Section 3.02 -
Zoning Board of Appeals, Petitioner seeks the following variances:
Chapter 17 - Zoning Ordinance: Section 15.05
(9) Walks, drives, paved terraces, mechanical appurtenances for all single-
family and two-family structures (such as air conditioners, venting, and
service panels), and purely decorative garden accessories (such as
pools, fountains, statuary, flag poles, etc.), where subject to “permanent
structure” classification shall be permitted in setback and offset areas
but not closer than 3 feet to an abutting property line other than a street
line.
An offset of 3-feet is required from the side lot line on the above mentioned lot for
concrete stoops/paved terraces. The petitioner seeks an offset of 1.5-feet from the
side lot line for the construction of a concrete stoop for access into their home, and is
therefore requesting a 1.5-foot variance from the required 3-foot side offset.
And,
An offset of 3-feet is required from the side lot line on the above mentioned lot for
walkways. The petitioner seeks an offset of 1.5-feet from the side lot line for the
construction of a walkway along the side of their home, and is therefore requesting a
1.5-foot variance from the required 3-foot side offset.
Mr. LeDoux swore in Planner Adam Trzebiatowski (City Staff) and Marc and Terri Collins
(S701 W18861 Gold Drive).
Mr. Trzebiatowski gave the City's opinion based on the Zoning Code and is recommending
approval for the stoop and walkway from the driveway to the stoop and denial of the walkway
to the backyard.
The petitioner, Marc Collins, was present and explained the house was not designed with a
stoop or walkway for access to the entry door or backyard. Mr. Collins added his neighbor has
large trees planted along the lot line which will make it difficult to grow grass in this area, and
he has concerns that mud will make it unsafe to walk to the backyard. A path on the other side
of the house would not be possible due to the closeness to the lot line. Mr. Collins stated the
narrowness of the lot and the safety concerns of no path to walk on are the hardships for this
property.
Deliberations:03-2014 #1- Stoop - Dr. Blumenfield stated she supports approving this appeal
for the stoop giving the homeowners the ability to use the doors to the house and garage. Mr.
LeDoux agreed and noted the hardship is the narrowness of the lot.
Deliberations: 03-2014 #2 Walkway - Mr. LeDoux stated the owners should be able to walk to
the doors and the backyard safely. The hardship is the narrowness of the lot and safely
accessing the house and backyard. Dr. Blumenfield agreed and explained the walk from the
front driveway to the house and garage doors should be allowed and because the lot is so
narrow for safety reasons the walkway to the backyard should be allowed also.
03-#1 -Stoop
2014
Butch LeDoux made a motion to approve #1 -Stoop. Dr. Russ Kashian seconded.
Motion Passed 4 in favor.
03-#2 - Walkway
2014
Butch LeDoux made a motion to approve #2 - Walkway. Dr. Barbara Blumenfield
seconded.
Motion Passed 4 in favor.
APPEAL #04-2014
Petitioner: Joan Groh
Property: S66 W18527 Jewel Crest Drive / Tax Key No. 2174.070
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 8.3-feet is required from the side (west) lot line on the above mentioned lot.
The petitioner seeks an offset of 2.67-feet from the side lot line for an attached garage
addition/expansion, and is therefore requesting a 5.63-foot variance from the required
side offset.
Planner Trzebiatowski game the City's opinion based on the zoning code. Staff is
recommending denial of this appeal; citing that the code does not require a certain sized
garage and there is already a garage on this property.
The petitioner, Joan Groh, was present and explained there have been several incidents over
the past two years such as damage from tree limbs, weather damage, and theft that is the
reason for needing a two car garage. Ms. Groh added she has looked at several different
options and this is the least invasive. Ms. Groh noted that she is currently over the open space
requirement, but is willing to remove what is need to come into compliance.
Deliberations: Mr. LeDoux stated the narrowness of the lot is a hardship. A two car garage is
reasonable for storage and to enter and exit the house. Mr. LeDoux added it is more appealing
for the neighborhood to have the cars parked in the garage instead of outside. Dr. Blumenfield
explained this house was built in the 1940s and having only one car garage isn't relevant today
for personal safety and weather conditions. Dr. Kashian added that garages are important and
agrees with the concept a garage should be allowed, but questioned what size should be
acceptable when there is already an existing garage.
Butch LeDoux made a motion to approve Appeal #04-2014 as submitted. Richard
Ristow seconded.
Motion Passed 3 in favor 1 opposed.
Dr. Kashian voted no.
CLOSED SESSION
OPEN SESSION
APPROVAL OF THE MINUTES FROM FEBRUARY 27, 2014.
Dr. Barbara Blumenfield made a motion to approve the minutes of February 27, 2014.
Butch LeDoux seconded.
Motion Passed 4 in favor.
MISCELLANEOUS BUSINESS
ADJOURN
Dr. Russ Kashian made a motion to adjourn at 7:00 PM. Richard Ristow seconded.
Motion Passed 4 in favor.
Respectfully submitted,
Kellie McMullen,
Recording Secretary