ZONING BOARD OF APPEALSMinutes - 5/26/2016
Unapproved
CITY OF MUSKEGO
ZONING BOARD OF APPEALS MINUTES
May 26, 2016
6:00 PM
Muskego City Hall, Muskego Room, W182 S8200
Racine Avenue
CALL TO ORDER
Chairman Barb Blumenfield called the meeting to order at 6:05 PM.
PLEDGE OF ALLEGIANCE
Those present recited the Pledge of Allegiance.
ROLL CALL
Present: Chairman Blumenfield, Vice President Schneiker, Dr. Kashian, Mr. LeDoux, Mr.
Petfalski
Absent: Mr. Ristow and Mr. Robertson
STATEMENT OF PUBLIC NOTICE
The meeting was noticed in accordance with the open meeting laws on May 20, 2016.
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 #01-2016
Petitioner: Howard & Raemarie Schmidt
Property: W187 S7160 Gold Drive / Tax Key No. 2175.996
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 50-feet is required from the ordinary high water mark (OHWM) of Little Muskego
Lake on the above mentioned lot. The petitioner seeks offsets of 28.37-feet (on the south) and
33.55-feet (on the north) from the OHWM of Little Muskego Lake for a new detached garage,
and is therefore requesting a 21.63-foot variance (on the south) and a 16.45-foot variance (on
the north) from the required OHWM offset.
Mr. Schneiker swore in the following:
Rae Marie Schmidt, W187 S7160 Gold Drive
David Conley, S70 W18899 Gold Drive
Adam Trzebiatowski, City of Muskego, Planner
Mrs. Schmidt explained they are requesting a variance to build a garage. Reasons for the
variance are protection from weather and animals, security for their vehicles and equipment,
and for storage of their property.
Mr. Conely stated he is in opposition of the appeal. There is not a valid hardship because
there is a spot on the lot the garage could be located. The hardship is self-imposed. Mr.
Conley stated he is located across the bay on the other end of Gold Drive.
Mr. Trzebiatowski explained the petitioner is requesting to build a 22' x 24' garage and is
requesting a variance of 21.63 feet on the south and 16.45 on the north from the Ordinary High
Water Mark (OHWM). Staff feels there is a valid hardship. The majority of the island has
wetlands that cannot be built upon. The required setback is 50-feet from the OHWM. Staff did
feel there is a hardship that all properties should be afforded the right to a garage. This garage
is typical in size and the property is unique due to having water on both sides of the property.
There is a boat house on the property that did receive a variance for size/height but not
location. The boat house should only be used for boating related items. There is a possibility
of putting the garage on Gold Drive which would be about 800 feet from the house. Based on
Case Law this could be unnecessarily burdensome and the Board should take this into
consideration. Staff recommends approval.
Rick Petfalski made a motion to approve Appeal #01-2016 Petitioner: Howard &
Raemarie Schmidt Property: W187 S7160 Gold Drive / Tax Key No. 2175.996
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 50-feet is required from the ordinary high
water mark (OHWM) of Little Muskego Lake on the above mentioned lot. The
petitioner seeks offsets of 28.37-feet (on the south) and 33.55-feet (on the north) from
the OHWM of Little Muskego Lake for a new detached garage, and is therefore
requesting a 21.63-foot variance (on the south) and a 16.45-foot variance (on the
north) from the required OHWM offset. Butch LeDoux seconded.
Dr. Kashian stated for the safety of the family paving the driveway should be considered as a
better alternative.
Mr. Le Doux stated he feels there would be security issues having a driveway 800 feet away
and unnecessarily burdensome. Also, not having a basement is more of a reason to need a
garage.
Dr. Blumenfield explained the board has granted variances for garages in the past for
aesthetics and property protection. Requiring the garage to be 800 feet away would be
unnecessarily burdensome and the lot has unique characteristics of the lake that other
properties don't have.
Motion Passed 4 in favor 1 opposed. Dr. Kashian voted no.
APPEAL #02-2016
Petitioner: Tom & Jennifer Sauer
Property: S70 W19053 Wetland Drive / Tax Key No. 2180.954
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 Wentland Drive right-of-way line on the above
mentioned lot. The petitioner seeks a setback of 19.6-feet from the right-of-way line for a new
front porch with steps, and is therefore requesting a 20.4-foot variance from the required right-
of-way setback.
Vice Chairman Schneiker swore in the following:
Tom Sauer, S70 W19053 Wentland Drive
Adam Trzebiatowski, City of Muskego, Planner
Mr. Schneiker stated he would be recusing himself from this appeal because he and Mr. Sauer
are friends/neighbors.
Mr. Sauer explained he recently did remodeling at his home. Mr. Sauer stated he believed
there was a concrete stoop under a deck. When he removed the deck he found there wasn't
a concrete stoop. He is requesting to install new stairs coming off the front of the house. Mr.
Sauer stated the hardship was not having the house balanced and doesn't make the best use
of the space with the stairs going off one side.
Mr. Trzebiatowski explained the petitioner is requesting 9.8 foot variance to the required right
of way setback. The proposed deck is 10 feet wide and 4 feet deep with stairs going straight
off the front towards the street 2.17 feet. The actual required setback is 29.4 feet due to
neighboring properties being closer to the lot line also. It is understandable that ingress/egress
to the house is needed. The building code requires 3 feet in direction of travel for the landing
and staff feels this along with the stairs to the side would require the least amount of variance.
Butch LeDoux made a motion to approve Appeal #02-2016 Petitioner: Tom & Jennifer
Sauer Property: S70 W19053 Wetland Drive / Tax Key No. 2180.954 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 Wentland Drive right-of-way line
on the above mentioned lot. The petitioner seeks a setback of 19.6-feet from the right-
of-way line for a new front porch with steps, and is therefore requesting a 20.4-foot
variance from the required right-of-way setback. Dr. Russ Kashian seconded.
Dr. Kashian and Mr. Petfalski both stated for ease of moving items in/out it makes sense to
have a straight line out of the door. Mr. Le Doux added that in the case of an emergency it
would be better for stretchers to get in/out of the house with the stairs out straight.
Motion Passed 4 in favor. Mr. Schneiker abstained.
CLOSED SESSION
OPEN SESSION
APPROVAL OF THE MINUTES FROM THE AUGUST 27, 2015 MEETING
Minutes were not approved due to attendance at the meeting. Minutes will be on the next
agenda.
MISCELLANEOUS BUSINESS
ADJOURN
Rick Petfalski made a motion to adjourn at 6:53 PM. Henry Schneiker seconded.
Motion Passed 5 in favor.
Respectfully submitted,
Kellie McMullen,
Recording Secretary