ZONING BOARD OF APPEALSMinutes - 1/23/2014
Approved
CITY OF MUSKEGO
ZONING BOARD OF APPEALS MINUTES
January 23, 2014
6:00 PM
Muskego City Hall, Muskego Room, W182 S8200
Racine Avenue
CALL TO ORDER
Chairman Blumenfiled called the meeting to order at 6:03 PM.
PLEDGE OF ALLEGIANCE
Those present recited the Pledge of Allegiance.
ROLL CALL
Present: Dr. Barbara Blumenfield (Chairman), Mr. Henry Schneiker (Vice Chairman), Mr.
Blaise DiPronio, Dr. Russell Kashian, Mr. Aaron Roberston, Mr. Richard Ristow, and Planner
Trzebiatowski. Absent: Mr. Butch LeDoux.
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
NEW BUSINESS
APPEAL #01-2014
Petitioner: Phoenix of Milwaukee I (Kris Hanrahan)
Property: W124 S8220 North Cape Road / Tax Key No. 2209.929
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.
A setback of 40-feet is required from the front lot line (ultimate right-of-way) on the
above mentioned lot. The petitioner seeks a setback of 29.21-feet from the front
(western) ultimate right-of-way line for the placement of a deck/porch, and is therefore
requesting a 10.79-foot variance from the required front setback.
Vice Chairman Schnieker swore in Kris Hanrahan (petitioner) and Adam Trzebiatowski (staff).
Planner Trzebiatowski gave background information and the city's statement based on the
Zoning Code. Staff is recommending denial of appeal 01-2014 citing that a deck/porch can be
built 3 feet deep, which meets the Building code requirements. The hardships stated are self-
imposed/self-created. Since there is a need for ingress/egress to the home through the front
door, staff is receptive to the least variance possible for access to this home. That option would
be the removal or alteration of the existing deck/porch so that the only deck/porch remaining
be a 3 foot deep landing, the width of the door, with the necessary stairs to grade. This meets
the Zoning Case Law requirements of the least variance possible, while still providing proper
access to the front door that meets the Building code requirements. The petitioner, Kris
Hanrahan S90 W18920 Acorn Drive, explained between him and his partner the deck permit
was missed because they were doing other properties with deck permits also. The ultimate
right of way was not shown on the survey by the surveyor. All the other work that was done at
the property was permitted and the footings were inspected by the city's inspectors. Mr.
Hanrahan stated the hardship is someone is already living in the house and needs a landing
coming out the front door and also the location of the ultimate right of way.
Dr. Blumenfield stated the hardship for approving the variance is the homeowner does need
ingress/egress for access to the outside.
Aaron Robertson made a motion to approve APPEAL #01-2014 with the modification
of the deck to a 6'x8' landing with necessary stairs and submit and receive permits
and to have work completed by May 1, 2014. Richard Ristow seconded.
Motion Passed 5 in favor.
CLOSED SESSION
OPEN SESSION
APPROVAL OF THE MINUTES FROM SEPTEMBER 26, 2013
Dr. Barbara Blumenfield made a motion to APPROVE THE MINUTES FROM
SEPTEMBER 26, 2013. Blaise Di Pronio seconded.
Motion Passed 6 in favor.
MISCELLANEOUS BUSINESS
ADJOURN
Aaron Robertson made a motion to ADJOURN at 6:58 PM. Henry Schneiker
seconded.
Motion Passed 6 in favor.
Respectfully submitted,
Kellie McMullen,
Recording Secretary