Zoning Board of Appeals 01-1997CITY OF
MUSKEGO
lic
January 24, 1997
Mr. and Mrs. Kevin Ryan
W163 S7984 Bay Lane Place
Muskego, WI 53150
Dear Mr. and Mrs. Ryan:
DEPARTMENT OF CITY PLANNING
Matthew G. Sadowski, Plan Director
(414) 679-4136
The Board of Appeals wishes to advise your appeal #1-97 was
approved with the one amendment, granting a 2' offset enabling you
to construct a two car garage.
Please be advised to obtain building and zoning permits prior to
commencing with construction.
Sincerely,
Susan J. Adhroeder
Recording Secretary
W182 S8200 Racine Avenue 9 Box 903 • Muskego, Wisconsin 53150-0903 • Fax (414) 679-5614
CITY OF 1 USKEGO
BOARD OF APPEALS
DATE JANUARY 23, 1997 APPEAL # 01-97
NAME KEVIN & CYNTHIA RYAN
ADDRESS W163 S7984 BAY LANE PLACE
Musks o WI 53150
PROPERTY LOCATION ON WHICH VARIANCE IS REQUESTED
ADDRESS W163 S7984 BAY LANE PLACE
TYPE OF ZONING RS03/OLS
Appeal # 01-97 Kevin J. and Cynthia L. Ryan, W163 S7984 Bay Lane
Place, Muskego, WI REQUESTING: Under the direction of Section
3.08 (1) Appeal Provisions, Petitioner seeks one (1) variance:
1. Chapter 17--ZoningOrdinance: Section 5.02 (3) Building
Location: Offsets. Said regulation restricts the offset of any
structure 10 feet from the northern property line. Petitioner
seeks a 1.5 foot offset variance to build an attached garage 8.5
feet from the northern property line.
Zoned: RS-3/OLS, 10,000 S.F. Suburban Residence District in a
Lake Shore District.
DECISION OF THE BOARD OF APPEALS
1. 1. Chapter 17--Zoning Ordinance: section 5.02 (3) Building Location: Offsets_ Said regulation restricts
the offset of any structure 10 feet from the northern property line. Petitioner seeks a 1.5 foot offset
variance to build an attached garage 8.5 feet from the northern property line.
APPROVED: as amended to allow for 2 foot variance to allow for addition 8 foot from property line.
CHAIRMAN O'NEIL
VICE-CHAIRMAN SCHEPP
MEMBER SCHNE
MEMBER HERDA
MEMBER BRAND
MEMBER SCHUS
MEMBER ROSS
e
CITY OF MUSKEGO
BOARD OF APPEALS
MINUTES OF BOARD OF APPEALS MEETING HELD ON JANUARY 23, 1997.
PRESENT: Chairman Terry O'Neil, Michael Brandt, Dan Schepp, James
Ross, Heather Schuster, Ed Herda and Henry Schneiker.
Secretary reported that the meeting was properly noticed in
accordance with the Open Meeting Law.
MINUTES: Mr. Schepp made a motion to approve the minutes of
December 12, 1996, as submitted. Ms. Schuster seconded. Upon
voice vote, the minutes of December 12, 1996, were approved
unanimously.
OLD BUSINESS
Signing of decision letters from December 12, 1996.
NEW BUSINESS
Appeal # 01-97 Kevin J. and Cynthia L. Ryan, W163 S7984 Bay Lane
Place, Muskego, WI REQUESTING: Under the direction of Section
3.08 (1) Appeal Provisions, Petitioner seeks one (1) variance: 1.
Chapter 17--ZoningOrdinance: Section 5.02 (3) Building Location:
Offsets. Said regulation restricts the offset of any structure 10
feet from the northern property line. Petitioner seeks a 1.5 foot
offset variance to build an attached garage 8.5 feet from the
northern property line.
Zoned: RS-3/OLS, 10,000 S.F. Suburban Residence District in a Lake
Shore District.
Mr. Schepp administered an oath to Mr. Kevin and Mrs. Cindy Ryan.
Mr. Ryan submitted signatures from surrounding neighbors granting
their approval of the proposed garage variance. Mr. Ryan submitted
pictures of the neighborhood showing the close proximity of
previously built garages. Also, there were pictures of other lakes
properties in Muskego where garages had been built too close to the
lot line. Mr. Ryan produced copies of eleven previous variances
granted for lack of storage (Mr. Ryan stated those cases were
similar to his request). Mr. Schepp informed Mr. Ryan variances
arc granted on an individual basis. Mr. Ryan stated his hardship
being lack of storage, safety of his family (being able to park
inside a garage), and location of existing house on the lot.
The variance requested is for one and one-half foot offset, the
drawing was down scaled as much as possible to allow for a two car
garage.
Mr. Schepp stated the reason the previous appeal was denied was due
to the assumption on Mr. Ryan's part that a variance would be
approved prior to purchasing the property and the short length of
occupancy.
BOA 05/23/96
Page 2
Chairman Terry O'Neil stepped down on Appeal #2-97, Mr. O'Neil is
an adjacent property owner. Mr. Dan Shepp chaired the meeting for
this appeal.
Appeal # 02-97 Dean A. Lubecke, W183 S6526 Jewel Crest Drive,
Muskego, WI REQUESTING: Under the direction of Section 3.08 (1)
Appeal Provisions, Petitioner seeks one (1) variance: 1. Chapter
17--Zoning Ordinance: Section 4.06 (2) A Legal Nonconformity:
Classification and Regulation - Nonconforming Structure. Said
regulation restricts expansion or enlargement of a nonconforming
structure except within conformity of the zoning district.
Petitioner seeks to repair, alter and expand said structure over
50% of its current fair market value.
Zoned: RS-3/OLS, 10,000 S.F. Suburban Residence
Mr. Schneiker swore in Marcel Hansen, W183 S6495 Jewel Crest, Mr.
Terry O'Neil, W183 S6532 Jewel Crest and Dean Lubecke, property
owner.
Mr. Trejo explained the fee was paid on January 22, 1997, beyond
the deadline for Board of Appeals. Attorney Molter suggests two
alternatives: one; hear appeal, two; adjourn appeal until February
27th meeting allowing time for Board Members to read appeal.
Mr. Trejo also stated the dollar amounts presented are not
acceptable, by adjourning until the February meeting would allow
time for Mr. Lubecke to obtain more accurate costs.
Mr. Brandt made a motion to adjourn Appeal 2-97 until February 27,
1997, meeting. Ms. Schuster seconded. Upon roll call vote, motion
to adjourn this appeal was unanimous. The secretary reminded Mr.
Lubecke the deadline for filling new information for the February
meeting is February 12, 1997.
Mr. Schepp returned the chairmanship to Mr. O'Neil.
DELIBERATION
APPEAL #1-97 Mr. Brandt made a motion to approve variance due to
existing location of the house on the property, hardship being lack
of storage, shape of the lot and safety to family. Mr. Brandt
amended to request to a two (2) foot offset. This request is not
adverse to public safety and is within the spirit of the code nor
contrary to the character of the neighborhood. Also stating the
previous variance request (#37-96) was excessive. Mr. Herda
seconded. Upon roll call vote, motion was approved. Ms. Schuster
and Mr. Schepp voting nay. 5-2
NEW BUSINESS
Mr. Shepp nominated Mr. Mike Brandt as Vice Chairman. Mr. Herda
seconded. Upon roll call vote the nomination was approved. Mr.
Brandt voting nay. 6-1
BOA 05/23/96
Page 3
ADJOURN
Mr. Herda made motion to adjourn. Mr. Schneiker seconded. Upon
voice vote and with no further business to come before this board,
the meeting was adjourned at 8:10 P.M.
Respectfully submitted,
Susan J. Schroeder
Recording Secretary
AGENDA
CITY OF MUSKEGO
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN pursuant to Wisconsin State Statute 62.23
(7) (e) 6, that a Public Hearing will be held in the Wisconsin
Room at the Muskego City Hall, W182 S8200 Racine Avenue, at 7:00
P.M., Thursday, January 23, 1997, to consider the following
petitions for appeals to the Zoning Ordinance of the City of
Muskego:
1. CALL TO ORDER
2. ROLL CALL
3. STATEMENT OF PUBLIC NOTICE
4. APPROVAL OF MINUTES OF THE DECEMBER 12, 1997 MEETING
5. OLD BUSINESS
1. Signing of decision letters from the December 12,
1997 meeting.
6. NEW BUSINESS
Appeal # 01-97
Kevin J. and Cynthia L. Ryan
W163 S7984 Bay Lane Place
Muskego, WI 53150
REQUESTING: Under the direction of Section 3.08 (1)
Appeal Provisions, Petitioner seeks one (1) variance:
1. Chapter 17---Zoning Ordinance: Section 5.02 (3)
Building Location: Offsets. Said regulation restricts
the offset of any structure 10 feet from the northern
property line. Petitioner seeks a 1.5 foot offset
variance to build an attached garage 8.5 feet from the
northern property line.
Zoned: RS-3/OLS, 10,000 S.F. Suburban Residence
District in a Lake Shore District.
Appeal # 02-97
Dean A. Lubecke
W183 S6526 Jewel Crest Drive
Muskego, WI 53150
REQUESTING: Under the direction of Section 3.08 (1)
Appeal Provisions, Petitioner seeks one (1) variance:
BOA 01/23/97
Page 2
1. Chapter 17--Zoning Ordinance: Section 4.06 (2) A
Legal Nonconformity: Classification and Regulation -
Nonconforming Structure. Said regulation restricts
expansion or enlargement of a nonconforming structure
except within conformity of the zoning district.
Petitioner seeks to repair, alter and expand said
structure over 50% of its current fair market value.
Zoned: RS-3/OLS, 10,000 S.F. Suburban Residence
7. Miscellaneous Business.
Election of Vice Chairman for 1997.
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
Terry O'Neil, Chairman
Dated this loth day of January, 1997
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 Jean K. Marenda, City Clerk, at Muskego City Hall, 679-5625.
Also, Board of Appeals members may conduct site visits for informational purposes.
CITY OF MUSKEGO
BOARD OF APPEALS
Application for Variance
Applicants Name Kevin and Cindy -Ryan
Subject Property Address: w163 S7984 Bay T,ane P1ar_P
Telephone
422-9888
Property Zoning 5- Key #
Petitioner's relationship to property (circle applicable):
owner lessee other
Fees: $125.00
Date inspector denied permit:
Requesting variance to Section S. -
To allow: Garage addition encroaching within
offset area Seeking a 1.5 foot -offset
to build an attached crarage 8.5 feet from Ehe
northern property line.
A literal enforcement of the terms of the above -referenced section
would result in practical difficulty and unnecessary hardship
because:
* Due to location of the existing house on the lot,garage addition
is restricted to this site.
Due to lack of stora a no attic basement aroccupation
requiring home office,garaae addition ia necessary
* Security and protection of personal pro erty /faiilyis a concern
The variance, if granted, will not be contrary to the public
interest and will be in accord with the spirit of the code because:
* Garage addition f ' e nei gbrorhood
and the spirit of the lake coMmunity
* Neighbors are aware and approve garage addition as planned
The variance, if granted, will not adversely affect public safety
or jeopardize public welfare because:
* Architectural characteristics of the garage addihicLn
compliments that of the existing house
* Past precedence of al:)proval of similar agrageR
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Variance Should Be Approved Because:
* Petitioners have made a sincere effort to comply with the
zoning ordinance by redesigning the plans to allow for
smallest possible garage addition (revised appeal 1.5 ft. offset).
* Adjoining lake lots in the area only require a 7.5 foot
offset from northern property line as opposed to a 10 foot
offset for petitioners.
* Neighbors have signed a petition supporting the garage
addition as planned (see attached).
* Proposed plan is architecturally and aesthetically sound.
The roof and wall lines complement the current lines of
the house.
* Location of the existing house on the lot restricts the
garage addition to this site.
* Inadequate amount of storage space drives the need for
additional storage (vaulted ceilings -no attic; basement
converted to living space).
* Recent promotion requiring an in -home office and birth of
third child added to the need for storage.
* Increased travel with new occupation creates increased need
for covered garage for family security reasons.
* Garage addition is needed to store pontoon boat and other
vehicles(eyesore for neighbors;wear and tear on vehicles).
* Garage addition fits into the character of the neighborhood
and the spirit of the lake community.
* Past precedence of approval of similar additions (see attached).
Appeal # 25-96 Dean M. Wainscott,W190 56401 Preston Lane,Muskego,
requesting under the direction of Section 3.08 (1) Appeal
Provisions, Petitioner seeks one (1) variance: 1. Chapter
17--Zonina Ordinance: Sections 5.02 (3) Building Location:
Offsets. Said regulation restricts the offset of any structure
ten (10) feet from the southern property line. Petitioner seeks a
two (2) foot offset variance to build an attached garage eight (8)
feet from the southern property line.
Mr. Trejo explained the zoning, RS-3, there is a 10' and 15'
offsets, The lot has an irregular shape and the western portion
of the lot slopes. The adjoining lots are in a RS3-OED district,
which only require a 7.5 foot offset from the northern property
line. No comments were received from the neighbors.
Mr. Schepp administered an oath to Mr. Wainscott. Mr. Wainscott
stated he would add on to the existing garage to house a boat.
The hardship stated was the pre-existing location of the home, the
slope on the rear yard, and the lack of sufficient storage space.
DELIBERATION:
APPEAL #25-96
Mr. Ross made a motion to accept the variance as requested. The
xisting house, the irregular shape
hardship being the location of e
of the lot, the fact that the adjoining neighbor's zoning is
different and the topography of the lot. The Board felt the
variance would conform to the general character of the area and
would not pose a threat to public welfare or safety. Schuster
seconded. Upon roll call vote, the motion was appVe
unanimously.
Appeal # 05-96 Muske o, WI
Phil and Michelle Leighton, W1$1 S6357 LenSec Drive, g
53150 REQUESTING: Under the direction of Section 3.08 (1) Appeal
Provisions, Petitioner seeks one (1) variance: 1) Chapter
17--Zonin Ordinance: Sections 5.02 (3) A Building Location:
Offsets. Said section restricts erecting, altering or relocating
any building so that it's no closer to any lot line than the
offset distance specified by the zoning of the district.
Petitioner seeks a three (3) foot variance to construct an
addition to an existing garage twelve (12) feet from the northern
property line. Zoning: RS-2, 20,000 square foot Single Family
Suburban Residence.
Mr. Trejo explained the RS-2 zoning and the offsets for this
property. Stating that the required minimum average width for
RS-2 is 110'; the current lot width is 1001. This will allow for
a 13.65' offset rather than the 15' requested, revising the appeal
to read as a 1.65 foot variance
Mr. Schepp administered an oath to Mr. Leighton. Mr. Leighton
stated the structure is an eyesore, the addition would add balance
to the building an aesthetically improve the property. The
hardship stated was the need for storage as a big concern and the
existing location and configuration of the home. The file has
received a letter from neighbor granting his approval.
DELIBERATION OF APPEALS -
APPEAL #5-96 Appeal #5�-96 to
i
Mr. Schneker made a motion to amend and approve
include addition to a legal nonconforming structure caused by
the existing 38' setback of the current garage, and the offset
is
variance requested is 1.65'. The hardship the location of the
Mr. O'Neil seconded,
existing structure and the lack of storage.
upon roll call vote, motion carried. 4-0
Appeal # 32-95 Terrence P. O'Neil, W183 S6532 Jewel Crest
Drive, Muskego, Wisconsin. Chairman Pionek read the appeal to Mr.
O'Neil. Petitioner seeks relief from Chapter 17--Zoning
Ordinance, Sections 5.02 (1), (2), and (3) Building Location:
Location Restricted Setback and Offset and 5.07(1) Open Space:
Minimum Required. Said sections restrict the setback of any
structure to 25 feet, offsets to five (5) and 7.5 feet, and open
space equal to 10,106 square feet. The petitioner request a 19
foot setback variance and a 2.25 offset variance to build a garage
addition six (61) from the front property line and 2.75 feet from
the south property line, with 35% of the total lot area built.
Mr. Trejo described the zoning as RS-3/0LS, 15,000 square foul -
Suburban Residence in a Lake Shore District
Mr. Schneiker administered an oath to Mr. Terrence P. O'Neil, Mr.
Dean Lubecke, W189 S18902 Tans Road, owner of W183 S6526 Jewel
Crest and Mr. Tim Thiel, owner of S183 W6540 Jewel Crest and Mr.
O'Neil.
Mr. O'Neil explained the necessity of an offset variance is to
permit an exit door on the backside of the garage in case of a
fire, stating more than one door would be safer. Mr. O'Neil
stated his request for a 40 foot garage was to enable him to store
his boat, trailer and motor inside his garage, as well as three
other vehicles. Mr. O'Neil stated his hardship is the location of
the existing dwelling on this property.
Mr. Trejo corrected the variance requested to read 5,000 square
feet of open space. A lesser request than what was posted.
Mr. Lubecke recently purchased the lot to the north and expressed
his displeasure with Mr. O'Neil's garage, feeling this would blcl-
his view of the traffic coming from the west when exiting hiv
DELIBERATION OF APPEALS
Appeal # 32-95 Terrence P. O'Neil, W183 S6532 Jewel Crest
Drive, Muskego, Wisconsin. Mr. Schneiker made a motion to grant
the appeal as submitted. The hardship cited was lack of storage,
the pre-existing location of the home, the narrow conditions of
the lake lots, the garage is within the spirit of the code and
within the character of the community and neighborhood, the
valance would not jeopardize the public's general safety and
welfare, and past precedence of approval of similar garages. Mr,
Kerr seconded. Upon a roll call vote, Appeal #32-95 passed
unanimously.
Appeal # 19-96 Dennis J. Rau, 5110 W20424 South Denoon Road
Muskego. REQUESTING: Under the direction of Section 3.08 (1)
Appeal Provisions, Petitioner seeks three (3) variances:
1. Chapter 17--Zoning Ordinance: Sections 4.05 (2) C.4 Accessory
Uses and Structures: Permanent Structures. Said regulation
restricts the size of a detached garage to no more than 50� of the
floor area of the principal building on the lot. Petitioner seeks
18.0% (198 s.f.) size variance to build a second accessory
structure (20' X 36') which will total 78.0% (860 s.f.) of the
total floor area of the principal building.
2. Chapter 17--Zoning Ordinance: Sections 5.02 (3) Building
Location: Offsets. Said regulation restricts the offset of any
structure 9.1 feet from the eastern property line. Petitioner
seeks a 6.1 foot offset variance to build an accessory structure.
3. Chapter 17--Zoninq Ordinances: Sections 5.03 (1) Height. Said
regulation restricts the height of accessory structures to 15
feet. Petitioner seeks a 6.5 foot height variance to build a 21.5
foot high accessory structure.
Mr. Trejo explained the zoning as being RS-2/OLS, 20,000 S.F.
Suburban Residence District in a Lake Shore District. Mr. Trejc
also explained to the Board that the Plan Commission has given
approval to the use of the structure and its permitted size by
code.
Mr. Schepp administered an oath to Mr. Rau.
Mr. Rau explained he needs storage for the pontoon boat, fishing
boat, jet ski and jet ski lift. He is proposing to have the roof
match the current lines of his existing buildings. The lot is
long enough, but it is not possible to build at any other location
because of the contour and in winter the water ponds and freezes.
DELIBERATION:
APPEAL #19-96 Dennis J. Rau, S110 W20424 South Denoon Road.
Mr. Schepp made a motion to grant a size variance due to the
narrowness of the lot, the lack of storage, and topography
concerns. The request for a height varinace was denied due to
lack of hardship. Such variances will be within the spirit of the
zoning ordinance, will not jeopardize public safety or welfare;
and would maintain the charactet of the general area. Mr.
Schneiker seconded. Upon roll call vote, the motion was accepted
unanimously.
Appeal # 14--96
Fred Arbanella, W198 S11075 Racine Avenue, Muskego. REQUESTING:
Under the direction of Section 3.08 (1) Appeal Provisions,
Petitioner seeks one (1) variance: 1) Chapter 17--Zoning
Ordinance: Sections 5.02 (3) A Building Location: Offsets. Said
regulation requires a minimum 10 foot offset. Petitioner seeks a
six (6) foot variance to permit a detached garage located four (4)
feet from the lot northern property line. Mr. and Mrs. Arbenella
were sworn in.
Mr. Trejo explained to the Board the ordinance and zoning
requirements associated with RS-2/OLS zoning. Mr. Trejo further
discussed the awkward shape of the lot.
Mr. Arbanella explained to the Board that he had received approval
for the proposed accessory structure, but once the structure was
staked out, it was discovered that the turning radius for the
garage would cause difficulty. Trying to move the garage to the
other side would block off a joint access drive he shares with his
neighbor to the south. This left no other alternative but to shift
the garage to the north and into the offset area.
DELIBERATION
APPEAL #14-96 FRED ARBANELLA, W198 S11075 RACINE AVENUE. Mr Schepp
made a motion to grant the variance as requested. Hardship being
the shape of lot and the shared driveway. The request would not be
harmful or jeopardize public safety or welfare and would be
compatible with the surrounding character of the neighborhood. Mr.
Schneiker seconded. Upon roll call vote, the motion to grant the
variance was approved unanimously.
Appeal # 23-95 Barbara Fields, S68 W18123 Island Drive,
Muskego, Wisconsin. Chairman Pionek read the appeal for Ms.
Barbara Fields and Richard and Bonnie Hayden, who currently reside
at the residence. Petitioner seeks relief from Chapter 17--Zoning
Ordinance, Section 5.02 (2)B Basic District Regulations, Building
Location and Section 9.04 (3) RS-3/OLS 15,000 square foot
Residence District and Lake Shore District, Building Location .
Said section requires a minimum setback of 25 feet. The
petitioner is requesting a variance to construct a garage wic-.bt,
three (3) foot setback. The zoning is RS-3/OLS, 15,000 square
foot Suburban Residence in a Lake Shore District.
Mr. Sadowski explained to the Board the zoning of the lot.
Mr. Hayden cited that he would like to construct a garage for the
lot. He explained that everyone else in the cul-de-sac had one
and that the shorter set back would not interfere with snow
plowing, presented a signed petition in support of the garage from
the neighbors, and discussed how the garage would be within the
spirit of the neighborhood. Mr. Hayden stated that the house was
put up for sale but was being pulled from sale August 1st and
would not be in the market again until next year. The hardship
cited was the need for a covered way for Ms. Fields safety, due to
her physical handicap.
Matt Soik, neighbor to the north, was sworn in. Mr. Soik
expressed he was in favor of the garage, but had concerns over the
care taking of the City property between the Field's lot and his
and expressed concerns over snow and garbage removal.
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * & 4.
DELIBERATION OF APPEALS
APPEAL #23-95 Mr. O'Neil made a motion to approve the appeal
as submitted. The hardship stated was the pre-existing location
of the primary structure leaves no other place for a garage to be
placed, the garage would be in conformity and within the spirit of
the zoning ordinance, and the garage would not be contrary to the
public interest. Mr. Brandt seconded. Upon a roll call vote,
Appeal #23-95 passed unanimously._
Appeal # 16-96
Cyril and Holly Stendel, S64 W18888 School Drive, Muskego.
REQUESTING: Under the direction of Section 3.08 (1) Appeal
Provisions, Petitioner seeks one (1) variance: I. Chapter
17--Zoninq Ordinance: Sections 5.02 (3) A Building Location:
Offsets. Said regulation requires a minimum 9 foot offset.
Petitioner seeks a six (6) foot variance to permit a detached
garage located three (3) feet from the lot northern property line.
Mr. Trejo explained the zoning as a RS-3/OED, 15,000 S.F. Suburban
Residence District in an Existing Development.
Mr. Schepp administered an oath to Mr. and Mrs. Stendl.
Mr. Stendl explained he wishes to remove the carport and build an
enclosed and expanded garage in its present location, three (3)
feet of the eastern property line. Due to the existing grade drop
behind the home, they do not want locate a detached garage in the
rear of the lot due slop that would be necessary on the a driveway
and would lose space swinging around. The hardship cited was the
grade drop of the lot, the narrowness of the lot and the existing
location an interior configuration of the house on the lot.
*DELIBERATIONS ' `" ',4F * + -1wIt f--V
APPEAL #16-96 Cyril and Holly Stendel, S64 W18888 School Drive.
Mr. Schneiker made a motion to grant the appeal as requested. The
hard ship being the narrowness of the lot, the grade change behind
the home, and the location of the existing structure. The request
would not be harmful or jeopardize public safety or welfare and
would be compatible with the surrounding character of the
neighborhood. Mrs. Schuster seconded. Upon roll call vote, the
motion to grant the variance was approved unanimously.
Appeal # 08-96
Bradley D. May, S75 W13880 Bluhm Couat, Muskego, WI 53150,
REQUESTING: Under the direction of Section 3.08 (1) Appeal
Provisions, Petitioner seeks one (1) variance: 1) Chapter
17--Zoning Ordinance: Sections 5.02 (3)'A Building Location:
Offsets. Said section restricts erecting-r altering or relocating
any building so that it's no closer to any lot line than the
offset distance specified by the zoning of 'the district.
Petitioner seeks a four (4) foot variance frQp the west property
line to construct a garage addition eleven (11) feet from the west
property line. Zoning: RS-2, 20,000 square foot Single Family
Suburban Residence.
Mr. Trejo described the RS-2 zoning.
Mr. Schneiker administered an oath to Mr. May. Mr. May explained
the property to the west is owned by the City of Muskego and is
unbuildable, the neighborhood committee of the subdivision does
not allow garden sheds, his home is the only one without a three
car garage. He recently got married and they combined two
households, storage is needed. Mr. May also stated he has
received architectural approval.
DEL113FERKTIOM: * **r*r--*,'*- *W* 7ir.7w 14 '�* -X( * -V�
APPEAL #8-96
Mr. Schepp made a motion to adopt Appeal #8-96 as presented.
Hardship being the location of the pre-existing structure and the
fact that accessory structures are not allowed. Mr. Schneiker
seconded, upon roll call vote, motion to adopt carried. 4-0
Appeal # 03-96
Martin and Kathleen Verdev, S67 W21351 Tans Drive
Muskego, WI 53150. Vice Chairman Schepp read the appeal for Mr.
and Mrs. Verdev. Petitioners seeks relief from Section 3.08
(1)Appeal Provisions, Petitioner seeks four (4) variances:l)
Chapter 17--Zoning Ordinance: Sections 8.01 (7) B.2 Individual
District Regulations: Permitted Accessory Uses. Said
regulations limits the size of all accessory buildings to 1% of
the total lot area. Petitioner seeks a 150 square foot
variance to construct a 1,350 accessory structure. 2) Chapter
30--Building Code: W.U.B.C. Chapter XI, Section 30.43 (4):
Garages: General Requirements. Said section requires all
detached private garages to be built with a concrete floor of
at least four (4) inches in thickness or a continuous floating
slab of reinforced concrete not less than four (4) inches in
thickness. Petitioner seeks to receive occupancy before a
concrete floor or slab is installed. 3) Chapter 30--Building
Code: W.U.B.C. Chapter XI, Section 30.43 (3): Garages: Area.
Said section sets the maximum size of wood or metal frame
constructed garages at 720 square feet. Petitioner seeks a 630
square foot variance to permit construction of a 1,350 square
foot detached garage structure. 4) Chapter 30--Building Code:
W.U.B.C. Chapter VIII, Section 30.29 Structural Framing. Said
section limits the minimum roof load for accessory structures
to 30 lbs. per square foot. Petitioner seeks a 1 lb. per
square foot variance to allow a roof load of 29 lbs. per square
foot.
Mr. Trejo described zoning as RCE, 120,000 square foot Single
Family Country Estate and updated the Board on the Plan Commission
Resolution #25-96. Also, Mr. Trejo explained accessory use versus
agricultural buildings.
Mr. Schneiker administered an oath to Mr. Verdev.
Mr. Verdev informed the board he needs a 35 foot long building to
accommodate his motor home and various vehicles. At present he has
no livestock, however, plans on purchasing horses in the future.
DELIBERATION OF APPEAL -) K * * * 'V)W*e W—*s -' * J'V '*
APPEAL #3-96
Mr. O'Neil made a motion to allow the appeal as submitted and
revised by petitioner. The first request was allowed the hardship
being lack of storage and other buildings in the area with
variances. The second request was allowed because of lack of
integrity of the base due to the fill; concrete needs to be poured
within 12 months of occupancy being granted. The third request was
allowed due to lack of storage. This variance does not adversely
affect the safety and or jeopardize public welfare and is about to
be revised in the Building Code Ordinance. Mr. Brandt seconded,
Upon roll call vote, Appeal #3-96 was approved unanimously.
NEW SUSINESS:Appeal # 0 96
Jeff Davis, W219 57646 C wbar Road, Muskego, WI 53150,
REQUESTING: Under the di ction of Section 3.08 (1) Appeal
Provisions, Petitioner see two (2) variances: 1) Chapter
17--Zoning Ordinance: Sectia s 8.01 (7) B.2 Individual District
Regulations: Permitted Acce ory Uses. Said regulations limits
the size of all accessory buil` ings to 1% of the total lot area.
Petitioner seeks a 358 square of variance to construct a 1,680
square foot accessory structure. 2) Chapter 30--Building Code:
W.U.B.C. Chapter XI, Section 30.3 (3): Garages Area. Said
section sets the maximum size of rood or metal frame constructed
garages at 720 square feet. Petitloner seeks a 960 square foot
variance to permit construction of a 1,680 square foot detached
garage structure. Zoning is RCE, 120.,,000 square foot Single Family
Residential Country Estate.
Mr. Trejo described the zoning as RCE, 20,000 square foot Single
Family Country Estate and updated the Bo rd on the approval of
Resolution #P.C. 29-96. Mr. Trejo also ekplained that the
ordinance takes into consideration the need
for excess storage for
larger lots by permitting the use of the 1,of total lot size for
total outbuildings on lots equal to or larger,than 120,000 square
feet rather than 60% of the first floor primary space of a
residence for lots smaller than 120,000 square',feet.
Mr. Schneiker administered an oath to Mr. Davis.``. Mr. Davis
explained this structure would be 28' x 60', constructed behind
the residence. The siding and shingles would match the house.
P'The structure is proposed to be located 50 feet from the
residence, eliminating the need of the firewall serving any
purpose, only hindering the placement of equipment in,the shed.
Mr. Davis also stated that the neighboring south property has a
similar accessory building, but in a larger size. Mr.'Davis
stated the need for additional storage to enhance the character of
the area by enclosing all his vehicles and supplies. ..
DELIBERATION OF APPEALS *- )K * `*- -Aq,- if * 4(- 7V .�f ')te 4 X
APPEAL #4-9+6
Mr. O'Neil made a motion to approve Appeal #4-96. He amended the
appeal to read .... 357 foot variance. This variance is not
contradicting to the character of the neighborhood. The lack of a
firewall would not adversely affect public safety or jeopardize
public welfare. The hardship is the lack of storage and variances
for the size of the accessory structure have been previously
approved in the area. Mr. Schneiker seconded. Upon roll call
vote, motion carried. 4-0
Appeal # 17-96 Randy and Shirley Reinke, W148 S6560 Brookside
Drive Muskego. REQUESTING: Under the direction of Section 3.08
(1) Appeal Provisions, Petitioner seeks two (2) variances:
1. Chapter 17--Zoning Ordinance: Sections 4.05 (2) C.4 Accessory
Uses and Structures: Permanent Structures. Said regulation
restricts the size of a detached garage to no more than 60% of the
floor area of the principal building on the lot. Petitioner seeks
6.0% (77 s.f.) size variance to expand a garage to 66% (850 s.f.)
of the total floor area of the principal building.
2. Chapter 30--Building Code: W.U.B.C. Chapter XI, Section 30.43
(3): Garages: Area (Firewall Section). Said section sets the
maximum size of wood or metal frame constructed garages at 720
square feet. Petitioner seeks a one firewall variance to permit
construction of a 850 square foot detached garage structure.
DELIBERATION:
APPEAL #17-96 Randy and Shirley Reinke, W148 S6560 Brookside
Drive. Mr. Dan Schepp made a motion to grant the variance as
requested. The hardship being the house is undersized for the
lot, the preexisting structure, and lack of storage. The request
would not be harmful or jeopardize public safety or welfare and
would be compatible with the surrounding character of the
neighborhood. MthHvarianceseconded.
approvedroll
unanimously�ef the
motion to grant e
Appeal # 01-97 Kevin J. and Cynthia L. Ryan
I, the undersigned, am aware of, and give my approval for
the Ryan's garage addition as planned (1.5 foot offset from
northern property line).
NAME D TE
2 . ,
3. �aw Cam- 119/47
5.)�l�
ADDRESS
rM;5 6106,z
Wf(Q-3 .57474
y
CO/,03 6711/
I would be opposed to a garage addition that extended forward
beyond existing lines of the house.
NAME DATE
2 F,19
3 .) � jC&; Vi.txtrv— 1 /18 / g 7
5.)
REASON
M676`16
aa5f kA+ ic5
I would be opposed to a garage addition that would be two
stories in height.
NAME DATE
2. c, c1� i118' 97
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