ZONING BOARD OF APPEALSMinutes - 12/13/2017
approved
CITY OF MUSKEGO
ZONING BOARD OF APPEALS MINUTES
December 13, 2017
6:00 PM
Muskego City Hall, Muskego Room, W182 S8200
Racine Avenue
CALL TO ORDER
Chairman Blumenfield called the meeting to order at 6:00 PM.
PLEDGE OF ALLEGIANCE
Those present recited the Pledge of Allegiance.
ROLL CALL
Present: Dr. Blumenfield, Mr. Schneiker, Mr. Robertson, and Mr. Le Doux. Excused: Dr.
Kashian, Mr. Petfalski, and Mr. 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
NEW BUSINESS
Appeal # 04-2017
Petitioner: Gerald S. Boisits on behalf of Dennis Herdeman
Property: S74 W21052 Field Drive / Tax Key No. 2185.996
REQUESTING: Under the direction of Chapter 17 Zoning Ordinance: Section 3.08(1) Appeal
Provisions, Petitioner seeks the following variances:
Chapter 17 - Zoning Ordinance: Section 15.05 – Accessory Uses and Structures
(3) B. Area: Subject to the open space requirements of the zoning district, the total square
footage of all accessory structures subject to this Section are permitted as follows:
Square Footage Permitted for Large Parcels: Parcel sizes in excess of 40,000 square
feet are allowed a maximum total floor area of all accessory structures to not exceed two
percent (2%) of the total parcel area.
A maximum total accessory structure size limit of 3,495 square feet is allowed on the above
mentioned lot, with a proposed land transfer/lot line adjustment. The petitioner seeks a total
accessory structure size limit of 4,573 square feet to be allowed to keep some unpermitted
accessory structures at their current size, and is therefore requesting a 1,078 square foot
variance from the allowed maximum total accessory structure size limit.
AND
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 side offset of 40-feet is typically required from the west lot line on the above mentioned lot
but a variance was previously granted allowing this garage to be located 29-feet from the west
lot line. The petitioner now seeks an offset of 25.6-feet from the west lot line to be allowed to
keep an unpermitted garage addition, and is therefore requesting a 14.4-foot variance from the
required west lot line offset.
Mr. Schneiker swore in the following:
Attorney Gerald Boisits, representing Dennis Herdeman
Dennis Herdeman, S74 W21052 Field Drive
Adam Trzebiatowski, Lead Planner
Kurt Fifer, S74 W21140 Field Drive
Dr. Blumenfield, Mr. Le Doux, and Mr. Robertson all stated they have no conflict with Attorney
Boisits and there will be no impact on objectively hearing this appeal.
Attorney Boisits’ explained Mr. Herdeman is requesting a 1,078 square foot variance. Mr.
Herdeman made a mistake on building accessory structures over the size limit without building
permits. Mr. Herdeman owns a vacant parcel behind his property that he could parcel off a
piece of the vacant land but would still need a variance. As a last option he could combine the
parcels to resolve the issue with the square footage overage. He would still need a variance for
the setback issue.
Mr. Fifer stated he is a neighbor and has no problem with this appeal and there is no
infringement to his property.
Mr. Herdeman explained he was trying to make the property useful and screened the buildings
from the neighbors by planting 500 trees. He made a mistake by not taking out permits and
realizes that now.
Mr. Schneiker questioned why there were no permits taken out when the building was added on
to. Mr. Herdeman stated he was busy with work and didn’t think of it. He needed a separate
place to store his diesel tractor that he uses for snowplowing closer to the house so he just did
the work. Mr. Schnieker noted these reasons are self-imposed, which the board cannot
consider. Mr. Schneiker also noted there was already an appeal granted in the past so the
process should have been familiar.
Dr. Blumenfield questioned what the hardship is. Attorney Boisits stated his inability to walk to
the structure with the tractor at the bottom of the hill in winter was a safety issue. He needed a
building closer to the house to store the tractor.
Mr. Trzebiatowski stated there are two options which the recommendation of denial are based
on. The buildings could be altered to attach one building to the house, which would not count
against the accessory building square footage requirement. The other option would be to
combine the parcel with the vacant parcel. Mr. Trzebiatowski noted size variances have never
been granted but location variances have been granted if there is a proper hardship.
Deliberations:
Mr. Le Doux made a motion to approve Appeal #04-2017 (Part 1 – Size) as submitted. Mr.
Robertson seconded. Dr. Blumenfield stated while the buildings and the property look nice,
buying a diesel tractor and not taking out the proper permits are self-imposed hardships and
doesn’t feel this should be approved. Upon a roll call vote, Appeal #04-2017 (Part 1 - Size) is
denied 0-4.
Mr. Le Doux made a motion to approve Appeal #04-2017 (Part 2 – Location) as submitted
with options to resolve the size issue presented to the City within 60 days and work
completed within six months of decision to finish. Mr. Robertson seconded. Upon a roll
call vote, Appeal #04-2017 (Part 2 – Location) is approved 3-1 with Dr. Blumenfield voting
no.
CLOSED SESSION
OPEN SESSION
APPROVAL OF THE MINUTES FROM
Aaron Robertson made a motion to approve of the minutes from September 28, 2017.
Henry Schneiker seconded.
Motion Passed 4 in favor.
MISCELLANEOUS BUSINESS
ADJOURN
The meeting adjourned at 7:08 PM.
Respectfully submitted,
Kellie McMullen,
Recording Secretary