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ZONING BOARD OF APPEALSMinutes - 1/26/2017 Unapproved CITY OF MUSKEGO ZONING BOARD OF APPEALS MINUTES January 26, 2017 6:00 PM Muskego City Hall, 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, Dr. Kashian, Mr. Robertson, and Mr. Ristow. Excused: Mr. Petfalski and Mr. LeDoux. 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 # 01-2017 Petitioner: Ryan Sands of Bray Architects on behalf of the Muskego-Norway School District Property: W191 S6445 Hillendale Drive / Tax Key No. 2177.931 (Mill Valley Elementary School) 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 6.02(2)A. – Non-Conforming Structures No such structure shall be expanded or enlarged except in conformity with the regulations of the district in which it is located, unless said expansions or enlargements do not get any closer than their existing distance from any lot line and shall not exceed 50% of the assessed value. The value of the non-conforming Mill Valley Elementary School building is $5,161,216 and the code limits the material costs of expansions to 50% of the current value when buildings that are non-conforming are expanding. The petitioner requests a material value not to exceed 70% of the current building value for expansions to the existing school building, and is therefore requesting a 20% variance over the code required 50% limit on material costs for building expansions. Mr. Schneiker swore in Ryan Sands, Bray Architects for the Muskego Norway School District, and Adam Trzebiatowski, City of Muskego. Mr. Sands explained the petition is to expand the Mill Valley school beyond the existing 50% value for non-conforming properties. The non-conforming areas are along the north lot line and the east lot lines. The building is too close to these property lines. The existing building was constructed before the current zoning code was established. Mr. Sands noted this project will eliminate a portion of the non-conforming area. To be responsible with tax payer money a portion of the school will remain, instead of tearing down and building new. The project was approved by public referendum in 2016. Mr. Sands further explained that by using the Floor Area Ratio (FAR) calculation the school district should be able to build up to 350,000 square feet on this lot, but is only requesting to build a 32,500 square feet addition which is only 17% of the allowable FAR, which is an unnecessarily burdensome restriction. Dr. Blumenfield questioned when they found out the property would be non-conforming. Mr. Sands stated he discussed this with the Planning Department in June. Mr. Sands added they could not have come to the Board before the referendum because they would not have had a clear estimate. Mr. Schneiker questioned if they have taken into consideration any overages so they don't exceed the 70%. Mr. Sands explained they have looked at other similar projects that have been done and what the material cost percentages have been. The average bid was 27%. A higher percentage was used for protection. Also, bids could come in under budget for materials. Dr. Kashian questioned why this wasn't known before the referendum. Mr. Sands explained they were not aware of the building being non-conforming. At the time of the referendum the budget is based on a large master plan. Even at the time of bidding contractors will not typically break out the materials, but with this project there is a requirement for the subcontractors to show the cost of materials. Mr. Trzebiatowski explained the 50% variance may or may not be needed depending on how the bids come in for materials. The overage will only be needed if the material costs are over 50% of the value of the new addition to the building. The school district wanted to come in now instead of waiting till it was bid and then finding out it is over and being in a bind with time. Also this property does not have an assessment value. The value being used is based on the cash out value of the insurance policy. The cash out value is $5,161,216. The 50% limit is $2,580,608, which is the maximum material cost allowed for the new addition per code, without a variance. The average material cost for other projects was 27%. The actual percentages of material cost varied between 20%-36% of the total project cost. The district took a more conservative approach and estimated material costs at 40% of the addition project total. Actual material costs must be provided at the time of building permit submittal so staff can ensure the actual material costs will be within the variance that may be approved. Mr. Trzebiatowski added in the 1960s an appeal was granted that allowed some of the existing non-conformities to be allowed on the north side of the building. However, there are still other portions of the building that are non-conforming. Deliberations: Dr. Blumenfield explained it’s difficult as a citizen of Muskego to approve something that could cost the citizens of Muskego more dollars. Dr. Kashian stated he is opposed to vetoing the will of the citizens because of information that was not known ahead of time. Mr. Schneiker stated he feels it should go through the bid process to know the actual cost, but overall this isn't a big percentage of the overall project. Don’t want to get into a situation where the building construction is delayed. Mr. Robertson noted this project was approved by a referendum and don't want to hold up construction, which could raise costs. Mr. Ristow stated this project has been talked about for years. Should have had more accurate numbers earlier. Mr. Schneiker made a motion to approve Appeal #01-2017 as submitted. Mr. Robertson seconded. Dr. Blumenfield stated the hardship is the uniqueness of the lot. Dr. Blumenfield stated she has confidence in city staff as a checks and balances to keep the cost as financially expedient as possible. Motion to Approve Appeal #01-2017 as submitted passed 4 in favor 1 opposed, with Mr. Ristow voting no. CLOSED SESSION OPEN SESSION APPROVAL OF THE MINUTES FROM JULY 28, 2016. Mr. Robertson made a motion to approve the minutes from July 28, 2016. Mr. Schneiker seconded. Motion Passed 5 in favor. MISCELLANEOUS BUSINESS ADJOURN Mr. Robertson made a motion to adjourn at 7:04 PM. Mr. Schneiker seconded. Motion Passed 5 in favor. Respectfully submitted, Kellie McMullen, Recording Secretary