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