Zoning BOARD OF APPEALS Minutes - 1/25/2018
Unapproved
CITY OF MUSKEGO
ZONING BOARD OF APPEALS MINUTES
January 25, 2018
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: Dr. Blumenfield, Dr. Kahsian, Mr. Robertson, and Mr. Ristow. Excused: Mr.
Petfalski, Mr. Schneiker and Mr. Le Doux.
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 # 01-2018
Petitioner: Ener-Con Companies, Inc.
Property: S74 W17000 Janesville Road / Tax Key No. 2198.984.014
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 10-feet from the right-of-way was required for the construction of the first new
apartment building within the Parkland Towne Center development. The petitioner seeks a
setback of 8-feet from the right-of-way line to be allowed the existing placement of the first
apartment building within the Parkland Towne Center development, and is therefore requesting
a 2-foot variance from the required right-of-way setback.
Dr. Kashian swore in the following:
Chris Car, Ener-Con representative.
Adam Trzebiatowski, Planning Manager
Mr. Trzebiatowski explained in 2017 Ener-Con completed construction on the first of the three
30-unit apartment buildings within the Parkland Towne Center development. After the
construction was completed the surveyor was working on the condo plat and noticed a setback
error. The building setback should be 10-feet and is actually 8-feet. At the time of footing and
foundation recertification the building was still in what appeared to be the correct location. At
some point the right of way line was shifted which gave the city a little more right of way. The
building is still the same distance to the road, but is now two feet closer to the right of way line.
The surveyor competed and submitted affidavits of correction to make sure this mistake would
not be repeated going forward. Staff is recommending approval of the variance citing that
compliance would be unnecessarily burdensome to relocate the large building and creates an
unnecessary hardship.
Deliberations:
Dr. Kashian made a motion to approve Appeal #01-2017 as submitted. Mr. Ristow
seconded. Dr. Blumenfield explained this error was discovered after the fact as things have
shifted. When this happens the Board needs to make sure there is no harm to the public. It
was the intent of the builder, surveyor, and the city to comply with the ordinances. It helps
there will be no additional errors on this site with the surveyor filing the affidavits of correction.
Upon a roll call vote, Appeal #01-2018 is approved 4-0.
CLOSED SESSION
OPEN SESSION
APPROVAL OF THE MINUTES FROM DECEMBER 13, 2017
Aaron Robertson made a motion to approve the minutes of December 13, 2017. Dr.
Russ Kashian seconded.
Motion Passed 4 in favor.
MISCELLANEOUS BUSINESS
ADJOURN
Richard Ristow made a motion to adjourn at 6:10 PM. Aaron Robertson seconded.
Motion Passed 4 in favor.
Respectfully submitted,
Kellie McMullen,
Transcribing Secretary