ZONING BOARD OF APPEALSMinutes - 2/23/2017
Approved
CITY OF MUSKEGO
ZONING BOARD OF APPEALS MINUTES
February 23, 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: Chairman Blumenfield, Vice Chairman Schneiker, Mr. Robertson, Mr. Le Doux, Mr.
Ristow and Mr. Petfalski.
Excused: Dr. Kashian
STATEMENT OF PUBLIC NOTICE
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 # 02-2017
Petitioner: Jay Bollman on behalf of Scott Bowser
Property: W192 S7332 Bayshore Drive / Tax Key No. 2189.123
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 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 Bay Shore Drive right-of-way line on the above
mentioned lot. The petitioner seeks a setback of 36-feet from the right-of-way line for a new
detached garage, and is therefore requesting a 4-foot variance from the required right-of-way
setback.
Mr. Schneiker swore in the following:
Jenny Gonzalez, W192 S7355 Bay Shore Drive
Scott Bowser, W192 S7332 Bay Shore Drive
Jerry Kozy, Classic Builders S83 W18901 Saturn Drive
Adam Trzebiatowski, Lead Planner City of Muskego
Mr. Kozy explained they are requesting a variance from the 40 setback requirement to 36 feet.
Several other options have been looked at but would make it difficult due to the topography of
the lot and the location of the sewer lateral and cleanout. The new garage will have a hip roof
and stone to match the house.
Ms. Gonzalez explained she is a neighbor and was concerned about the trees being removed.
Mr. Kozy stated they will not be taking the trees down.
Planner Trzebiatowski gave the City's opinion based on the code. The petitioner worked with
staff to try and figure out what would work on this lot. A gas line already has to be moved, but
to move the sewer line would be something the City would not want to require of a property
owner. This option is the most practical and works with the conditions of the property with the
topography and the sewer location. Staff recommends approval of this appeal.
Deliberations:
Mr. Schneiker made a motion to approve Appeal 02-2017 as submitted. Mr. Le Doux
seconded. Mr. Schneiker stated the property owners have demonstrated a hardship with the
topography of the lot.
Appeal 02-2017 was approved 5-0.
CLOSED SESSION
OPEN SESSION
APPROVAL OF THE MINUTES FROM JANUARY 26, 2017.
Mr. Robertson made a motion to approve the minutes of January 26, 2017. Mr.
Schneiker seconded.
Motion Passed 5 in favor.
MISCELLANEOUS BUSINESS
ADJOURN
Mr. LeDoux made a motion to approve adjourn at 6:18 PM. Mr. Schneiker seconded.
Motion Passed 5 in favor.
Respectfully submitted,
Kellie McMullen,
Recording Secretary