ZONING BOARD OF APPEALS Minutes - 8/2/2018
CITY OF MUSKEGO
ZONING BOARD OF APPEALS MINUTES
August 02, 2018
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: Dr. Blumenfield, Mr. Schneiker, Mr. Le Doux, Mr Ristow and Mr. Robertson,
Excused: Mr. Petfalski and Dr. Kashian.
STATEMENT OF PUBLIC NOTICE
The meeting was noticed in acordance with the open meeting laws.
NOTICE OF CLOSED SESSION
OLD BUSINESS
NEW BUSINESS
Appeal #03-2018
Mr. Schneiker swore in the following:
Troy Tveitnes, S71 W17659 Lake Drive
Lisa Twinde, S71 W17659 Lake Drive
Brian Ganos, S71 W17665 Lake Drive
Mike Larson, S71 W17637 Lake Drive
Adam Trzebiatowski, Planning Manager
Mr. Larsen explained the original retaining was failing and he hired a contractor to rebuilt the
wall in the same location. After the retaining was built the wall was used as a form to pour a
new concrete walk and steps in the same location as the original walkway and steps. The
original walkway, steps, and wall were done about 26 years ago. The walkway is used as an
access to get around the house. Mr. Larsen stated he didn't know he needed a permit and the
contractors did not tell him he did.
Mr. Larsen stated his hardship is the health condition of his parents and being able to get them
around the house and down to the lake and also being able to carry oversized items around
the house. Dr. Blumenfield questioned if the parents lived with him. Mr. Larsen stated they
do not.
Mr. Schneiker questioned if Mr. Larsen hired a contractor to do the work. Mr. Larsen stated he
hired Juan and Carlos off of a referral. Mr. Larsen stated he never asked them if they took out
a permit.
Dr. Blumenfiled questioned Mr. Larsen if he thought he might need a permit. Mr. Larsen stated
he did not think he would need a permit because he was replacing what was already there.
Troy Tveitnes S71 W17659 Lake Drive:
- northwest neighbor to the Mr. Larsen
- work was done without a permit
- requesting if repairs are required they are done immediatly
Mr. Le Doux asked Mr. Tveitnes if the the lot level is at the same height for both properties.
Mr. Tveitnes said they are. Mr. Le Doux asked if the retaining wall is beneficial for both
properties. Mr. Tveitnes stated he isn't sure if it was built in the same spot and stated it is in
violation of the ordinance by not having a permit.
Lisa Twinde, S71 W17659 Lake Drive:
- stated her property was damaged during the construction of this project
- Mr. Larson should have known he needed permits because he is friends with a concrete
contractor
Brian Ganos, S71 W17665 Lake Drive:
- neighbor
- stated the cul-de-sac drains towards Mr. Larsen's property. The retaining wall and sidewalk
provide a place for the water to flow. If the walkway was removed the wall could be damaged
by the drainage.
Mr. Trzebiatowski gave the city's opinion based on the zoning code. Mr. Trzebiatowski
explained in middle 2017 it came to the city's attention that work was done on a walkay without
a permit and may be in violation of the code by being too close to the lot line. The code
requires a 3-foot offset to the lot line. The property owner is requesting an offset of 1.2 feet
and would require a variance of 1.8 feet. Staf is recommeinding denial of the appeal and
replacing the walkway with grass.
Deliberatons:
Mr. Le Doux made a motion to approve Appeal 03-2018 as submitted. Mr. Ristow seconded.
Dr. Blumenfiled explained she hasn't seen a hardship in this appeal. Mr. Schneiker agreed.
Upon a roll call vote Appeal 03-2018 was denied 5-0. Mr. Le Doux made a motion to set a
deadline for compliance for 6 months from the date of this meeting. Mr. Robertson seconded.
Upon a voice vote, the motion carried 5-0.
CLOSED SESSION
OPEN SESSION
APPROVAL OF THE MINUTES
Approval of the minutes from the May 24, 2018 meeting.
Mr. Robertson made a motion to approve the minutes from the May 24, 2018 meeting. Mr. Le
Doux seconded. Motion carried unanimously.
MISCELLANEOUS BUSINESS
ADJOURN
Mr. Robertson made a motion to adjourn at 6:45 PM. Mr. Le Doux seconded. Motion carried
unanimously.
Respectfully submitted,
Kellie McMullen
Recording Secretary