ZBA-Minutes 01-1990CITY OF MUSKEGO
BOARD OF APPEALS
MINUTES OF BOARD OF APPEALS MEETING HELD ON FEBRUARY 20, 1990
Chairman Gerald Fohr called the meeting to order at 7:00 P.M.
The meeting was held in the Aldermen's Room at the City Hall.
PRESENT: - Chairman Gerald Fohr, Lloyd Erno, Terry O'Neil, Donald
Pionek.
ABSENT: - Vice -Chairman Berken, Bonnie Posbrig and Daryl Rowinski
and Director Gerald Lee (due to his attendance at Plan Commission
meeting).
The recording secretary, Cheryl Schmidt was absent due to her
attendance at the Plan Commission meeting, so the minutes were
taped.
MINUTES: There was no action regarding any previous minutes at
this s meeting.
APPEAL 1-90 WIZA INDUSTRIES - Chairman Fohr stated that
the appeal is for a variance from the Automatic Sprinkler
Ordinance 32. He requested Mr. Wiza's representatives to state
his case and hardship for the warehouse at S82 W18792 Gemini
Drive. Mr. Frank Balistreri of Roofing Consultants Ltd.
introduced himself as the contractor and Attorney Ross Kinney of
Quarles & Brady. Mr. Balistreri stated that Mr. Wiza would like
to build a 17,000 square foot addition on the back of his
building. This is his 4th addition since he started in 1984. He
referred to a conditional approval of the building addition plans
from Mr. Duane Peterson of the State of Wisconsin in a letter
dated January 8, 1990. There was some discussion concerning an
affidavit concerning the storage of non-combustible materials.
Mr. John Tewes of the State was involved with this affidavit.
Atty. Kinney stated that Mr. Wiza's appeal is to not provide a
sprinkler system for this addition. His hardship being the fact
that they are exempt if the buildings built in 1985 and 1986 are
sprinklered.
There was some discussion concerning the possibility that
the State had received some wrong information when approving
these plans.
Chief Dibb of the Tess Corners Fire Department questioned
the use of the driveway as a road for fire department vehicles.
The 30' wide area between the existing buildings is gravel and
rough. He questioned whether it would be plowed? There was some
discussion concerning the state vs. the city's definition of a
street. Chief Dibb stated that if it is a city street, it must
have a fire hydrant every 250' feet to support fire protection.
Pg. 2, Bd. of Appeals Minutes of 2/20/90 Meeting
Mr. Balistreri felt that the building was served by three
streets for fire department equipment access. The state defines
a street as having a 30' width -- the present driveway width
between the buildings is 40'.
There was some discussion about the proximity of the
hydrant to the building and possible problems with the equipment
and how the hoses would be hooked up.
A comment was made that this addition will have a Class "A"
roof which complies with certain State flammable code
requirements.
Mr. Pionek questioned whether there are any city fire
prevention requirements for businesses in the Industrial Park?
Atty. Kinney said that the issue tonight is regarding the
variance from the fire prevention code. There was some
discussion to make the variance subject to: 1-fire hydrants
being provided, 2-pave 30' strip of area between buildings and
not park cars between the buildings, 3-WIZA will provide
sprinklers for the buildings built in 1985 and 1986.
Chairman Fohr stated that it seems to be the consensus of
the Board that this exemption be given to not sprinkler the
building. The Fire Chief, Mr. Lee and Mr. Wiza will have to
handle the other problems and enforcement. Chief Lloyd Pickart
stated that he is not happy with the exemption and would like to
see a signed affidavit stating that there will not be any
combustibles stored in this building.
Chairman Fohr moved to take a short break.
Chairman Fohr moved to go 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
aquasidudicial hearing; said cases being the above listed
appeals. Mr. O'Neil seconded.
The Board discussed the variance request and hardship.
The Board reconvened into Open Session.
APPEAL 1-90 - There was some discussion before Mr. Erno
made a motion to grant the appeal as requested with the
understanding that the two other buildings built in 1985 and 1986
will be sprinklered, an affidavit will be signed stating there
will not be any combustible materials stored in the new addition,
and the area between the buildings will be available as a street
for fire prevention equipment. Mr. O'Neil seconded. Upon a
voice vote the motion passed unanimously.
Pg. 3, Bd. of Appeals 2/20/90 Meeting Minutes
Chairman Fohr informed the Board members that an election
for a Vice -Chairman would be held and he was nominating Mr. Terry
O'Neil for the position. Mr. Erno seconded. Upon a voice vote
the motion passed unanimously.
ADJOURNMENT:
Chairman Fohr moved for adjourment and Mr. O'Neil seconded. Upon
a voice vote the motion carried unanimously.
Respectfully Submitted
Cheryl Schmidt
Recording Secretary
/cs
CITY OF MUSKEGO
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN pursuant to Wisconsin State Statute 62.23
(3) 6. that a public hearing will be held at the Muskego City
Hall, W182 S8200 Racine Avenue, at 7:30 P.M., Thursdav, February
15, 1990 to consider the following appeals:
Appeal-1-90 WIZA INDUSTRIES
S82 W18762 Gemini Drive '
Request variance from Fire Prevention Code
Zoning: Industrial
NOTICE OF CLOSED SESSION:
PLEASE TAKE NOTICE that the Board of Appeals of the City of
Muskego will 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 above listed appeals
The Board of Appeals will then reconvene into open session.
Detailed descriptions are available for public inspection at the
Clerk's office. All interested parties will be given an
opportunity to be heard.
Board of Appeals
City of Muskego
Gerald Fohr, Chairman
Dated this 2nd day of
February, 1990