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Zoning Board of Appeals 01-1996CITY OF K = MUSKEGGI January 26, 1996 Mr. and Mrs. Kent Campbell 5103 W14823 Loomis Road Muskego, WI 53150 Dear Mr. and Mrs. Campbell: DEPARTMENT OF CITY PLANNING Matthew G. Sadowski, Plan Director (414) 679-4136 The Board of Appeals wishes to advise you that your appeal from Section 5.02 (3), Building Locations: Offsets, was granted. Please be advised building permits are required prior to commencing building on your property. Sincerely, Susan J. Sciroeder Recording Secretary W182 S8200 Racine Avenue * Box 903 * Muskego, Wisconsin 53150-0903 * Fax 1,414) 6 7 9-5614 CITY OF MUSKEGO BOARD OF APPEALS DATE January 25, 1996 APPEAL # 01-96 NAME Kent & Roseann Campbell ADDRESS S103 W14823 Loomis Drive TELEPHONE PROPERTY LOCATION ON WHICH VARIANCE IS REQUESTED ADDRESS S103 W14823 Loomis Drive TYPE OF ZONING Agriculture 1) Appealing Section 3.08 (1) Appeal Provisions, petitioner seeks an appeal from Chapter 17 -- Zoning Code, Section 5.02 (3) A Building Location: Offsets. Said section restricts the location of a structure to no closer than 30 feet to the side property of an adjoining lot. Petitioner seeks an eight (8) foot variance to construct an addition to the existing home 22 feet from the eastern property line. 135.00 FEE TO BE PAID AT TIME OF APPLICATION DECISION OF THE BOARD OF APPEALS APPROVED DENIED CHAIRMAN PIONEK 'c '� Z- VICE-CHAIRMAN MEMBER O'NEIL MEMBER SCHEPP MEMBER KERR FIRST ALTERNATE HERDA SECOND ALTERNATE Secretary - Date s - ci CITY OF MUSKEGO BOARD OF APPEALS MINUTES OF BOARD OF APPEALS MEETING HELD ON JANUARY 25, 1996. Meeting called to order at 7:00 PM. PRESENT: Chairman Don Pionek, Vice Chairman Henry Schneiker, Mr. Terry O'Neil, Mr. Dan Schepp, Mr. Michael Brandt, Mr. Ed Herda, and Mr. Carlos Trejo. ABSENT: Mr. Frank Kerr. MINUTES: Mr. Schneiker made the motion to adopt the minutes from the December 7, 1995, meeting. Mr. O'Neil seconded. Upon a voice vote the motion to adopt the minutes of the December 7, 1995, meeting passed unanimously. Mr. O'Neil made a motion to accept the minutes of the December 12, 1995, joint meeting with City Common Council, Plan Commission and Board of Appeals. Mr. Brandt seconded. Upon voice vote, Mr. Herda, Mr. Brandt, Mr. O'Neil, Mr. Schneiker, and Chairman Pionek voted yes. Mr. Schepp voted no. Motion carried. NEW BUSINESS Amended Appeal # 37-95 Dennis E. & Mary Ann Wisniewski, W198 S10999 Racine Avenue, Muskego, Wisconsin, deferred from December 7, 1995. Chairman Pionek read the appeal for Mr. and Mrs. Wisniewski. Petitioner seeks relief from Chapter 17--Zoning Ordinance: Sections 5.02 (2) B Building Location: Setbacks. Said section restricts the location of a structure to be no closer than 25 feet to the base setback line. The petitioner request an eleven (11) foot variance to place a detached garage 14 feet from the base setback line. Mr. Trejo described the zoning as RS-2/OLS 13,400 square foot Suburban Residence and updated the Board on the appeal from the previous session. Mr. Schneiker administered an oath to Mr. Wisniewski , Mr.Terrill Mr. Tom Smukowski, and Mr. Dennis Mielke. Mr. Wisniewski stated he turned the garage around so it would be approached from the east, however, he does not wish to locate the garage any closer to the southern lotline due to the fact there are mature trees located there. Mr. Wisniewski presented new drawings locating the garage in an allowable location in terms of offsets, and a vision site plan from his neighbors home (Mr. Terrill) showing the location he is requesting. Mr. Terrill was quite concerned about his view on Racine Avenue being blocked because of a new garage structure. He requested the Page 2 Board of Appeals, January 25, 1995 garage be built in the location not needing a variance, even if it blocks his view. Mr. Tom Smukowski stated his concern regarding parking vehicles within the right-of-way and setting a precedent allowing other neighbors to overbuild on these lake lots. Mr. Dennis Mielke, the neighbor to the south requested the 10 foot offset be maintained. He also stated allowing a space between the garage and the house for the children to play is a good safety factor. Appeal # 01-96 Kent & Roseann Campbell, 5103 W14823 Loomis Drive, Muskego, Wisconsin. Chairman Pionek read the appeal to Mr. and Mrs. Campbell. Petitioner seeks relief from Chapter 17--Zoning Ordinance: Sections 5.02 (3) A Building Location: Offsets. Said section restricts the location of a structure to be no closer than 30 feet to side line of an adjoining lot. The petitioner requests an eight (8) foot variance to construct an addition to the existing home located 22 feet from the eastern property line. Mr. Trejo amended the proposed appeal to read this lot is zoned agricultural and the proposed building will be an addition, not a deck as stated in the notice. Mr. Schneiker administered an oath to Mr. Campbell and Mr. Norbert Sobieski. Mr. Campbell explained to the Board that he is looking to take over the property from his father-in-law, however, they have a special child that would require a bedroom and a bathroom on the first floor. It would not be feasible to build an addition to the west due to the fact the septic tank is located there as well as the air conditioner and pre-existing layout of the home. Mr. Campbell also presented a letter from the neighbor stating he has no objection to the addition. Appeal # 02-96 Todd Furry, S79 W17753 Scenic Drive, Muskego, Wisconsin. Chairman Pionek read the appeal to Mr. Furry. Petitioner seeks relief from Chapter 17--ZoningOrdinance: Sections 5.02 (3) A Building Location: Offsets. Said section restricts the location of a structure to be no closer than 10 feet to side line of an adjoining lot. The petitioner requests a 1.8 foot variance to permit an existing deck to be located 8.2 feet from the eastern property line. Mr. Trejo described the zoning as RS-2/OPD, 20,000 square foot Planned Development Suburban Residence Mr. Schneiker administered an oath to Mr. Furry. Mr. Furry admitted building a deck without a permit. He stated he was aware of the setbacks because he built his home at this location. However, the realtor stated the lotline was an electrical box, which turns out not to be true. Mr. Furry further stated there are three footings four feet down on this side of the Page 3 Board of Appeals, January 25, 1995 deck. Mr. Furry feels the lot to the east will not be built on because of the location of the wetlands. Mr. Schepp questioned Mr. Furry on why he waited since the first violation notice, dated September 30, 1994, to respond. Mr. Furry stated he has been working with the DNR to delineate the wetland area on his property. Ar*'A'ate'#r4llrelr*k1F�*�7ir*�*ir�r**��#rllr**�**7YaYtlr*�*�*!4llr�**1F**�*�Ftk#r1kkk#r�r�r*tFtk�'�'!r DELIBERATION OF APPEALS APPEAL #37-95 Mr. Herda made a motion to deny the amended appeal as submitted, the reason being a lack of hardship and the ability to build a second garage within permitted setbacks. Mr. Schepp seconded. Upon a roll call vote, the denial of amended Appeal #37-95 was approved unanimously. APPEAL #01-96 Mr. O'Neil made a motion to grant the appeal as submitted. The hardship being a special child's needs, the location of the sanitary system and existing structure on the site. Mr. Schneiker seconded. Upon a roll call vote, Appeal #01-96 passed unanimously. APPEAL #02-96 Mr. Schepp made a motion to deny the appeal as submitted, the reason being lack of hardship and the time lapse in Mr. Furry's response. Mr. Brandt seconded. Upon a roll call vote Appeal #02--96 was denied unanimously. MISCELLANEOUS BUSINESS Election of Vice Chairman for 1996. Mr. Schneiker made a motion to approve Mr. Schepp as Vice Chairman. Mr. O'Neil seconded, upon voice vote, motion carried. Mr. Herda made a motion to adjourn. Mr. Schepp seconded. Upon a voice vote, the motion to adjourn passes unanimously. With no further business to come before the Board, the meeting was adjourned at 9:15 PM. Respectfully submitted, Susan J. Schroeder Recording Secretary 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 7:00 P.M., Thursday, January 25, 1996, to consider the following petitions for appeals to the Zoning Ordinance of the City of Muskego: Amended Appeal # 37-95 Dennis E. & W198 510999 Muskego, WI Mary Ann Wisniewski Racine Avenue 53150 REQUESTING: Under the direction of Section 3.08 (1) Appeal Provisions, Petitioner seeks relief from Chapter 17--Zoning Ordinance: Sections 5.02 (2) B Building Location: Setbacks. Said section restricts the location of a structure to be no closer than 25 feet to the base setback line. The petitioner requests an eleven (11) foot variance to place a detached garage 14 feet from the base setback line. Zoning: RS-2/OLS, 13,400 square foot Lake Shore Suburban Residence Appeal # 01-96 Kent & Roseann Campbell 5103 W14823 Loomis Drive Muskego, WI 53150 REQUESTING: Under the direction of Section 3.08 (1) Appeal Provisions, Petitioner seeks relief from Chapter 17--Zoning Ordinance: Sections 5.02 (3) A Building Location: Offsets Said section restricts the location of a structure to be no closer than 30 feet to side line of an adjoining lot. The petitioner requests an eight (8) foot variance to permit a construction of and addition to be located 22 feet from the eastern property line. Zoning: Agricultural, 120,000 square foot Agricultural District Appeal # 02-96 Todd Furry S79 W17753 Scenic Drive Muskego, WI 53150 REQUESTING: Under the direction of Section 3.08 (1) Appeal Provisions, Petitioner seeks relief from Chapter 17--Zoning Ordinance: Sections 5.02 (3) A Building Location: Offsets. Said section restricts the location of a structure to be no closer than 10 feet to side line of an adjoining lot. BOA 01/25/95 Page 2 The petitioner requests a 1.8 foot variance to permit an existing deck to be located 8.2 feet from the eastern property line. Zoning: RS-2/OPD, 20,000 square foot Planned Development Suburban Residence Election of Vice Chairman for 1996. 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 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 Donald Pionek, Chairman Dated this 12th day of January, 1996 PLEASE NOTE: It is possible that members of and possibly a quorum of members of other governmental bodies of the municipality may be in attendance at the above -stated meeting other than the governmental body specifically referred to above in this notice. Also, upon reasonable notice, efforts will be made to accommodate the needs of disabled individuals through appropriate aids and services. For additional information or to request this service, contact Sean K. Marenda, City Clerk, at Muskego City Hall, 679-5625. Also, Board of Appeals members may conduct site visits for informational purposes.