ZBA-Minutes 01-1991DaADLr A )E_ A AA.) 9 ! f
-T H rzs -
CITY OF MUSKEGO
BOARD OF APPEALS
(1 ZgTt
7 P A-t
UP
DATE ��/�% 9- 151i/
N,LM E SFrin -f- t% ' i iq S ,04C,4,/ l o
ADDRESS %�a /D c� �c3� P�—Se-7'-- rX, t,- TELEPHONE
PROPERTY LOCATION ON WHICH VARIANCE IS REQUESTED
ADDRESS �]� l � � L U �►i'A`n/� �� ,/P
�—
SUBDIVISION� /� L�A�t✓ G%iY/h LOT 10 BLOCK Sir
TYPE OF ZONING ✓Z�73/OL S �oED
VARIANCE REQUESTED:
REASON FOR VARIANCE REQUEST: -F CONSTi2ucT X lt/EGcJ f vt4-SF—
$35.00 FEE TO BE PAID AT TIME OF APPLICATION:
9
DATE PAID /-3'!zz RECE_PT NO.
DFCTSTnN OF THE RnARn nF APPFAT_S
CHAIR"
VICE-(
MEMBEF
MEMBEF
MEMBER
FI RST
SECOND
Secretary
Date /— l— ��
CITY OF MUSKEGO
BOARD OF APPEALS
MINU98 OF WARD OF APPEALS MEETING HELD ON JkNUARY 14. 1991.
Chairman Gerald Fohr called the meeting to order at 7:30 P.M.
PRESENT: - Chairman Gerald Fohr, Thomas Berken, Bonnie Posbrig.
Lloyd Erno. Donald Pionek and Assistant Director Gene Kovacs.
ABSENT: - Vice -Chairman Terry O'Neil and Daryl Rowinski.
MINUTES:
Mr. Pionek made a motion to approve the minutes of the December
6, 1990 meeting and Mrs. Posbrig seconded. Upon a voice vote the
motion to approve passed unanimously.
APPEAL 1-91 - SAM & DEBRA SACCULLO - Chairman Fohr read
the appeal for Mr. & Mrs. Saccullo, requesting a 2 1/2' offset
variance to construct a new house (tri-level) on the property at
W191 S7216 Luehring Drive, Muskego, WI. Zoning: RS-3/OLS/OED.
Chairman Fohr asked Gene Kovacs, the Assistant Director to bring
the members up to date on what the variance request involves from
his department's standpoint. Mr. Kovacs responded the zoning
district requires a 5' offset and 7 1/2' offset on the other
side. He only needs a 2 1/2' offset on one side -- the side of
his choice. In September 1988 the Plan Commission and Common
Council granted legal lot status for this lot. He took a picture
of the lot facing the road earlier in the day and passed it to
the members.
Chairman Fohr asked the appellant to state his case and
hardship. Mr. Saccullo said he had looked at over 50 models of
houses since September. It was hard to find a plan that didn't
make the house look like a long cottage. He even took the garage
off the house. The survey submitted shows only a rough drawing
of where the house will be. The house would be 2100 sq. ft.
Mr. Erno questioned the adjoining drive shown on the
survey. Mr. Saccullo stated it is shared by the neighbor now and
would be in the future.
Mrs. Gerth, W191 S7210 Luehring Drive spoke in
opposition to this house being constructed. She is concerned
about her black walnut trees. Her plans had to conform to the
lot she purchased five years ago. Mr. Erno responded she didn't
ask for a variance years ago -- you just decided to change your
plans.
Chairman Fohr asked Mr. Kovacs if there are many homes
in the area built with this type of offset? Gene said he did
research and couldn't find any.
?'As a, M®4fd of APP@A1* 1/24191
Mr. Kasulke, S72 W19068 Lochcrest Blvd. commented that
variances are being given out in this city too freely. He feels
the area can't handle any more kids or dogs. The lot wasn't
buildable before and now it is. Chairman Fohr reminded him the
lots were created with legal lot status.
Gene stated some other structures were closer but were
there before the code -- legal non -conforming.
Mrs. Posbrig asked Mr. Saccullo how he would put up a
seawall? Mr. Saccullo said he would not need to because he would
move the house up and use Mr. Giefer's land for access during
building. Mr. Giefer has given him permission.
Mr. Erno asked if he could cut 1 1/2' off the house and
stay off the lot line? Mr. Saccullo didn't like that idea.
Mr. Giefer, W191 S7222 Luehring Drive stated he was the
next door neighbor who had sold Mr. Saccullo this lot. He
obtained legal lot status two years ago. When Mr. Saccullo told
him where his house would be located, he asked him where the well
would go. He discussed the plans with him and feels more
informed now and less concerned.
A comment was made about the water drainage problems.
The appellant asked if his builder could have some input
even though the chairman had concluded discussions? Chairman
Fohr said he could make his comments. Emory Builders had
designed the plan and felt it was the perfect style house for the
lot .just the way it is without reducing the square footage. It
was suggested he could redesign it to comply.
The Board remained in Open Session.
APPEAL 1-91--SAM AND DEBRA SACCULLO - Mr. Berken lead
the discussion. He was concerned about possible water
problems. Yet, the variance request was so small he would
rethink his position if it meant the lot would be unbuildable.
Mr. Erno suggested a tri-level (3-story) would be good. Mr.
Kovacs thought he should take advantage of the slope. Sometimes
a house can correct a drainage problem because people put in a
swale. Chairman Fohr felt if others had been non -conforming, it
would be different, why start now? Mr. Pionek commented the lot
is 50' all the way across if you use the degree markings on the
survey. He could turn the house and place the 37' end facing the
lake and comply with the zoning codes without a variance. The
house isn't up yet and there is still a chance to comply. Mr.
Berken felt no hardship was proven.
Pg. 3, Board of Appeals 1124/91
Mr. B@rkon made a motion to deny the request and Mr.
Pionek seconded. Upon a roll call vote the motion to deny the
variance passed unanimously.
ADJOURNMENT:
Mr. Erno made a motion to adjourn the meeting at 8:30 P.M. and
Mrs. Posbrig seconded. Upon a voice vote the motion to adjourn
passed unanimously.
Respectfully Submitted
Cheryl c3' h dt
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., Thursday. January
24th, 1991 to consider the following appeals:
Appeal-1-91 SAM AND DEBRA SACCULLO
W191 S7216 Luehring Drive
Muskego, WI
Requesting a 2 1/2' offset variance to
construct a new house (tri-level) on the
property.
Zoning: RS-3/OLS/OED
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 11th day of
January, 1991