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Zoning Board of Appeals 01-1992CITY OF MUSKEGO BOARD OF APPEALS MINUTES OF BOARD OF APPEALS MEETING HELD ON FEBRUARY 20, 1992. Chairman Gerald Fohr called the meeting to order at 7:30 P.M. PRESENT: Chairman Gerald Fohr, Vice Chairman Terry O'Neil, Lloyd Erno, Thomas Berken, Robert Vitt, and Lawrence Kirch. ABSENT: Donald Pionek and Darryl Rowinski. Chairman Fohr introduced Mr. Kirch, Director of the Planning Department, to the Board. Mr. Kirch was present at the meeting in the absence of Mr. Dykstra, who was out of town attending a seminar. MINUTES: Mr. Vitt made a motion to approve the minutes of the January 30, 1992 meeting and Mr. Erno seconded. Upon a voice vote, the motion to adopt the minutes passed unanimously. APPEAL 1-92 - Muskego Volunteer Fire Department (Fire Station No. 1), S76 W17858 Janesville Road, Muskego, Wisconsin. Chairman Fohr read the appeal for the Fire Department requesting a 10' building offset variance on the east side and a 7' variance from the parking lot to the rear of the lot line for construction of a new fire station. Zoning: RS3-B2-OPD. Mr. Kirch stated to the Board that the site plan was approved by the Plan Commission subject to the two variances being granted. The new building is to be aligned with the existing building. Chairman Fohr raised a question about the distance for the parking lot. Mr. Kirch responded that while residential driveways may be three feet from the lot line, commercial drives require a minimum of ten feet. Mr. Mike Kersky, president of the Muskego Volunteer Fire Department, was present, along with Mayor Wayne Salentine. Mr. Kersky stated that the fire department will construct a new building, which will be used mainly for storage. They want the new building to follow the line of the existing building. Mayor Salentine presented a sample of the brick which will be used on the building. The Mayor stated that the Board would be given a letter from the adjacent property owners verifying that they did not have a problem with the parking lot being closer to the lot line. There will be a berm between the fire department property and the adjacent landowners. Mayor Salentine stated that this property will be jointly owned by the City of Muskego and the Muskego Volunteer Fire Department. Mr. Dewey Cherek and Mr. John Gardetto, two of the adjacent property owners who signed the previously referred to letter, were present. They both confirmed that they have no objection to the Fire Department being granted the variances. APPEAL NO. 2-91 - James White, S76 W18498 Kingston Drive, Muskego, Wisconsin. Chairman Fohr read the appeal for Mr. White requesting a 15' setback variance required from ordinary high water mark. Zoning: RS3-OLS. Mr. Kirch stated that Section Minutes of Board of Appeals February 20, 1992 Meeting Page 2 17:9.04 (7) E. prohibits any building from being constructed closer than 50' to the lake. Mr. White, the property owner, is presently constructing a second level deck that is 35' from the water. Mr. White appeared before the Board. He stated that he was not aware that he needed a permit for the deck. There is a lower level deck that was there when he purchased the property. The new deck will be above the existing lower level deck. Mr. White presented the Board members with a picture of the way the deck looks so far. Mr. White stated that the deck will not obstruct anyone's view. He will not enclose it either. Mr. White acknowledged that the Building Inspector, Mr. Dykstra, made various recommendations regarding the construction of the deck when he was at the site. Mr. White said he would comply with those recommendations when he obtained the necessary building permit. APPEAL NO. 3-91 - Dale Kreil, W187 S6922 Gold Drive, Muskego, Wisconsin. Chairman Fohr read the appeal for Mr. Kreil appealing determination of the Plan Commission that Mr. Kreil could not park more than two boats over 15' in length at his residential property. Zoning: RS3-OLS. Mr. Kirch stated that the Plan Commission made a determination on this particular case at their meeting of January 21, 1992. Mr. Kreil is not allowed more than two personal boats over 15' in length at his residential site. Mr. Kirch explained that the Plan Commission was requested to make this determination since the specific number of boats allowed is not addressed in the ordinance. In any case where there is a question as to the parking requirements not specifically enumerated, the Building Inspector may request the Plan Commission to make a determination. Mr. Dale Kreil appeared before the Board. He stated that he originally had the boats parked at his business location (Prestige Auto). He moved the boats from that location to his residence on Gold Drive. He believes it is not unusual for people who live on the lake to own more than two boats. Mr. Kreil is appealing the Plan Commission decision. He stated to the Board that he personally owns seven of the boats. Some of the boats on his property belong to other people. He has just recently purchased Casanova's Marine. He told the Board members that he would like to have a number of boats at his residence to give potential customers demonstration rides. The Board members told Mr. Kreil that that would constitute a commercial use at a residential property and is not permitted. Mr. John Mills, who also lives on Gold Drive, was present. He has not lodged a complaint against Mr. Kreil. He does, however, believe that the storage of this many boats in a residential area is excessive. He feels this could pose problems in the future. Mr. Erno stated that he counted 11 boats plus 4 vehicles on the property when he examined the site. Several of the Board members expressed the opinion that Mr. Kreil has too many boats and vehicles for this residential property site. Mr. Kreil stated that he moved the commercially owned boats immediately when requested by Mr. Dykstra in a letter. He does collect Corvettes also. The cars are kept at his business. Mr. O'Neil asked Mr. Kreil how many boats he would like to park at Minutes of Board of Appeals February 20, 1992 Meeting Page 3 this address. Mr. Kreil did not respond with a specific number. He stated that it would be very difficult for him to move the boats at the present time as the ground is soft and his grass could be ruined. He will have the boats in the water in spring. Mr. Erno stated to Mr. Kreil that he would not be forced to move the boats immediately if the Board denied his appeal. The Board would like to see the ordinance changed in the future to specifically enumerate the number of boats that can be parked. The Board remained in Open Session. APPEAL 1-92 - Muskego Volunteer Fire Department, S76 W17858 Janesville Road. Mr. Vitt made a motion to grant the appeal for the two required variances. Mr. Erno seconded. The hardship being the location of the existing building and the turning radius required for the fire trucks. Upon a roll call vote, the motion to grant a 10' offset variance on the east side and a 7' variance from the parking lot to the rear of the lot line for the construction of a new fire station passed unanimously. APPEAL 2-92 - James White, S76 W18498 Kingston Drive. Mr. Vitt made a motion to grant the appeal. Mr. Erno seconded. The hardship being the location of the existing deck. The Board members decided that two conditions should be placed on the granting of this appeal. One, the deck cannot be enclosed. Two, the deck cannot be closer to the water than the existing lower level deck. Upon a roll call vote, the motion to grant the 15' setback variance passed unanimously. APPEAL 3-92 - Dale Kreil, W187 S6922 Gold Drive. Mr. Fohr made a motion to deny the appeal. Mr. O'Neil seconded. The Board decided to grant Mr. Kreil until June 15 to move the boats to comply with the Plan Commission determination. He is not to add any more boats to this site. ADJOURNMENT: There being no further business, Mr. O'Neil made a motion to adjourn and Mr. Erno seconded. Upon a voice vote, the motion to adjourn passed unanimously. The meeting was adjourned at 9:00 P.M. Respectfully submitt/e�d, ='Jill Blenski Recording Secretary jmb 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 58200 Racine Avenue, at 7:30 P.M., Thursday, February 20, 1992 to consider the following appeals: Appeal 1-92 Muskego Volunteer Fire Department Fire Station No. 1 S76 W17858 Janesville Road Muskego, WI 53150 Requesting a 10' building offset variance on the east side and a 7' variance from the parking lot to the rear of the lot line for construction of new fire station. ZONING: RS3-B2-OPD Appeal 2-92 James White S76 W18498 Kingston Drive Muskego, WI 53150 Requesting a 15' setback variance required from ordinary high water mark. ZONING: RS3-OLS Appeal 3-92 Dale Kreil W187 56922 Gold Drive Muskego, WI 53150 Requesting an appeal of Plan Commission determination that Mr. Kreil can park no more than two boats over 15' in length at residential address. ZONING: RS3-OLS 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 6th day of February, 1992