Loading...
ZONING BOARD OF APPEALSMinutes - 5/25/2017 approved CITY OF MUSKEGO ZONING BOARD OF APPEALS MINUTES May 25, 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 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 None NEW BUSINESS Appeal # 03-2017 Petitioner: Lawrence William Wiesner Property: S76 W18264 Janesville Road / Tax Key No. 2195.989 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 5.08(2) – Only One Principal Residence Building on a Lot (2) Except as specifically otherwise provided herein for attached single family dwellings, apartment, farms, or planned development projects only one principal residence building shall be permitted on a lot, provided however that the Board of Appeals may grant an exception to permit more than one principal building on a lot where such grant would not be contrary to the spirit or intent of the Ordinance or to the regulations applicable to the specific district, and provided that a sufficient lot area is provided and the buildings so located as to permit individual compliance in the case of future division with the lot size, density, building location, and open space requirements of the district in which located. There are currently two single-family homes on this property which were granted a variance in 2015 to deem them both as conforming uses so that future improvements could have possibly occurred to the existing home(s). The owner would now like to remove one of the homes and re-built it, which would require a variance to possibly be allowed two-homes on the lot, one an existing home and one a new home. Mr. Schneiker swore in the following: Lawrence William Wiesner, S76 W18264 Janesville Road Maria Wiesner, S76 W18264 Janesville Road Jeff Trendel, S77 W18300 Janesville Road Adam Trzebiatowski, Lead Planner City of Muskego Mr. Wiesner explained a couple years ago a variance was granted for this property to do repairs to the home. Once Mr. Wiesner moved into the home and began work on the home it was discovered there was a lot more work to be done than initially budged for. This appeal is to raze the home and rebuild on the property with another existing home. There is a provision within the code to allow a second home on a lot with the Board approval. Mr. Wiesner stated the homes would only be for the family’s use and would not be rented for income purposes. Mr. Wiesner stated an approval would not be contrary to the spirit or intent of the ordinance according to the code: high land value, lake shore nuisance, adverse effect on property value, pollution of lake, overuse. This will be used as personal property and the use will not change. Mr. Wiesner explained there is no stated hardship because one is not needed for this type of appeal. Dr. Blumenfield questioned why they do not want to divide the property. Mr. Wiesner explained being the sole owner he does not see it necessary due to where they want the house to be located and because of family history with the property. He stated he would like to keep everything as is as much as possible. Mr. Scheniker stated the properties can be divided and then an appeal would not be needed and Mr. Wiesner could be owner of both properties for as long as he wants to, the way it should be. Mr. Wiesner explained the code allows two homes if it can be proven the second home can be subdivided off. Maria Wiesner, Lawrence William Wiesner's mother, stated she has lived at S76 W18264 and S76 W18282 Janesville Road, both homes on the property. Generations of Wiesners have lived in both of these houses. The family has protected the land for 100 years. Three generations of Wiesners have lived in these houses. Mrs. Wiesner explained they have gone to great lengths to own/pay for the property. The homes have never been rented out and have never been transferred out of the family. Jeff Trendel, direct neighbor to the Wiesner property, stated the Wiesners are trying to improve the property and he has no objection. Mr. Trzebiatowski explained this is the first time this has been requested and this property may be the only property on the lake with division potential. Mr. Trzebiatowski explained the City Attorney’s opinion was requested for this appeal and the City Attorney explained in the supplement that the code is vague and doesn't feel this request is contrary to the code. Mr. Trzebiatowski clarified that the City isn't requiring the property to be divided but it is an option. Mr. Trzebiatowski noted if the appeal were approved the property cannot be rented separately. Also due to problems with water in basements a new requirement is now in place to help identify ground water issues before a home is built. The city requires the lowest floor be located two feet above any ground water. A ground water test must be done or the elevation of the lake could be used. Deliberations: Mr. Le Doux made a motion to approve Appeal #03-2017 as submitted with this approval being contingent upon the homes never being rented seperately and never being occupied by residents that are not related to the owners of the other home through blood, marriage, or adoption. Mr. Ristow seconded. Mr. Schneiker stated the original variance was granted because there were two houses already existing. There are other options such as dividing the property or take the home down to the footings and rebuild to make it more conforming. Dr. Blumenfield explained this is a totally unique situation. Mr. Le Doux noted they can split this property at any time in the future but what they are requesting at this time seems very appropriate. Mr. Petfalski and Mr. Robertson agreed there is no rush to divide this property today. Upon a roll call vote, Appeal #03-2017 is approved 4-1, with Mr. Schneiker voting no. CLOSED SESSION OPEN SESSION APPROVAL OF THE MINUTES FROM FEBRUARY 23, 2017 Aaron Robertson made a motion to approve the minutes of February 23, 2017. Butch LeDoux seconded. Motion Passed 6 in favor. MISCELLANEOUS BUSINESS ADJOURN Butch LeDoux made a motion to adjourn at 7:05 PM. Aaron Robertson seconded. Motion Passed 6 in favor. Respectfully submitted, Kellie McMullen, Recording Secretary