ZONING BOARD OF APPEALS Minutes - 5/24/2018
CITY OF MUSKEGO
ZONING BOARD OF APPEALS MINUTES
May 24, 2018
7:00 PM
Muskego City Hall, W182 S8200 Racine Avenue
CALL TO ORDER
Chairman Blumenfield called the meeting to order at 7:00 PM.
PLEDGE OF ALLEGIANCE
Those present recited the Pledge of Allegiance.
ROLL CALL
Present: Dr. Blumenfield, Mr. Le Doux, Mr. Robertson, and Mr. Petfalski. Excused: Mr.
Schneiker, Mr. Ristow, and Dr. Kashian.
STATEMENT OF PUBLIC NOTICE
The meeting was noticed in accordance with the open meeting laws.
NOTICE OF CLOSED SESSION
OLD BUSINESS
NEW BUSINESS
Appeal #02-2018 - S67 W13731 Fleetwood Road, Tax Key No. 2163.030; Chapter 17 - Zoning
Ordinance: Section 5.02 - Building Location
REQUESTING:
1. Under the direction of 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.
Mr. Le Doux swore in the following:
Brian Narlow, S67 W13731 Fleetwood Road
Bob Rozman, Fennimore Lane
Adam Trzebiatowski, Planning Manager
Mr. Narow explained he is requesting this variance due to a need for more storage. He
currently has a two car garage but needs more space for his tool box and kid’s bikes and toys,
tractor, and cars. There is a shed on the property now that will be coming down. Mr. Narlow
explained he would like to put the addition in this location to stay with the existing roof line.
Mr. Rozman explained he is going to be helping Mr. Narlow do the addition. As part of this
addition he will be cleaning up the house with new siding and windows. Mr. Rozman added
that he is not able to place the garage on the other side of the house due to power lines and
trying to keep the yard open. He also added Mr. Narlow would need another driveway if it were
on the other side of the house.
Mr. Trzebiatowski gave the City's opinion based on the zoning code. Mr. Trzebiatowski
explained based on the information submitted staff did not find a valid hardship to allow the
addition of 15- feet onto the existing attached garage. The property already contains a 2-car
garage. There are other options such as an 11.6 foot addition without any type of variance
and building a detached garage on the east side of the home. Staff is recommending denial
based on zoning case law; there are other options, the hardships stated are self-imposed/self-
created and do not consider the parcel as a whole, and would not be the least variance
necessary.
Deliberations:
Mr. Le Doux made a motion to approve as submitted. Mr. Robertson seconded. Mr. Le Doux
explained there is a uniqueness with a corner lot having a further setback on two sides. Mr. Le
Doux also noted that if the garage were on the other side of the house a new driveway would
be necessary then. Mr. Le Doux added he feels the location of the proposed addition
improves the value of the lot and the street view and will be a thoughtful addition.
Mr. Petfalski questioned if approving this appeal would be defendable. Mr. Petfalski added
that the petitioner does have the ability to add on within 11 1/2 feet. Mr. Robertson agreed and
stated he is cautious that this could set an odd precedent. Dr. Blumenfield explained the
circumstances of the appellant are not grounds for granting a variance and there is not a valid
hardship present by law. Dr. Blumenfield added there are other options such as building a
smaller addition or replacing the shed. Upon a roll call vote, Appeal #02-2018 is denied 4-0.
CLOSED SESSION
OPEN SESSION
APPROVAL OF THE MINUTES
Approval of the Minutes from the January 25, 2018 meeting.
Mr. Petfalski made a motion to approve the minutes of the January 25, 2018 meeting. Mr.
Robertson seconded. Motion carried unanimously.
MISCELLANEOUS BUSINESS
ADJOURN
Mr. Petfalski made a motion to adjourn at 7:35 PM. Mr. Robertson seconded. Motion
carried unanimously.
Respectfully submitted,
Kellie McMullen,
Recording Secretary