Zoning Board of Appeals 01-1998L _
CITY OF DEPARTMENT OF CITY PLANNING
Matthew G. Sadowski, AICP
.P___MUS1KEG0 Director of Planning
(414) 679-4136
April 29, 1998
Mr. and Mrs, Ken Johnson
W 181 S6415 Lentini Drive
Muskego, WI 53150
RE: Apeal # 1-98
Dear Mr. and Mrs. Johnson:
The Board of Appeals wishes to advise your appeal from Chapter 17, Section 5.02 (3) A. I., Building Location,
was granted as requested.
Please be advised a building and zoning permits are required prior to commencing building on your property.
Should you have any questions, please contact Carlos Trejo at 679-5674
Sincerely,
Susan J. Schroeder
Recording Secretary
W182 S8200 Racine Avenue • Box 903 • Muskego, Wisconsin 53150-0903 9 Fax (414) 679-5614
Appeal #01-98
Kenneth and Christine Johnson
W 181 S6415 Lentini Drive
Muskego, WI 53150
Tax Key No. 2174.013
REQUESTING: Under the direction of Section 3.08 (1) Appeal Provisions, Petitioner seeks the
following variance:
1. Chapter 17--Zoning Ordinance: Section 5.02 (3) A.I Building Location: Offsets. No structure shall be
erected, structurally altered or relocated on a lot except within conformity with the district it is located.
Petitioner seeks a 6.2 foot variance to place an addition to an existing residence 12 feet from the north
property line. (zoning requirement is 18.2 feet)
Zoned: RS-2, Suburban Residence District.
DECISION OF THE BOARD OF APPEALS
Approve as submitted. The hardship cited was the pre-existing location of structure.
Chairman O'Neil
Approved
Approved
Vice hairman Brandt
Approved
er Ross C/
Approved
Member Schepp t
Denied
Member
Absent
Member Conley (Ist Alt.)
Absent
Member Herda (2nd Alt.)
CITY OF MUSKEGO
BOARD OF APPEALS
MINUTES OF APRIL 23, 1998
PRESENT: Chairman Terry O'Neil, Vice Chairman Mike Brandt, Henry Schneiker, Dan Schepp, James Ross,
and Planning Assistant Carlos Trejo.
ABSENT: Ed Herda and David Conley,
MINUTES: Mr. Schepp made a motion to accept the minutes of December 11, 1997, as submitted. Mr. Brandt
seconded, upon voice vote, motion carried. Mr. Schepp made a motion to accept minutes of February 26, 1998, as
submitted, Mr. Brandt seconded, upon voice vote, motion carried.
STATEMENT OF PUBLIC NOTICE: Secretary reported notice was given April 10, 1998, in accordance with
the open meeting laws.
OLD BUSINESS: Signing of decision letters for the December 1997 and February 1998 meetings.
NEW BUSINESS: Appeal # 01-98, Kenneth and Christine Johnson, W 181 S6415 Lentini Drive, Tax Key No.
2174.013 REQUESTING: Under the direction of Section 3.08 (1) Appeal Provisions, Petitioner seeks the
following variance: Chapter 17--Zoning_ Ordinance: Section 5.02 (3) A. I Building Location: Offsets. No
structure shall be erected, structurally altered or relocated on a lot except within conformity with the district it is
located. Petitioner seeks a 6.2 foot variance to place an addition to an existing residence 12 feet from the north
property line. (zoning requirement is 18.2 feet) The property is zoned RS-2, Suburban Residence District.
Mr. Brandt administered an oath to Chris and Ken Johnson, Ms. Johnson explained they are proposing taking
down an old one car garage (attached) and replacing it with a 26' x 32' garage. They intend to add a new roof and
siding. They submitted a letter from the neighbors stating they have no objections to this variance. Ken Johnson
explained there is no storage area.
Mr. Trejo explained the lot zoning and stated there were alternatives available, i.e. detaching the garage or having
a turn around garage. The back of the property would allow for a detached structure.
Ms. Johnson stated that the addition would improve the appearance of the residence, and that several buildings
down the street have the garages less than the required 15 feet to the lot line.
Mr. Brandt questioned why the garage couldn't be moved back further. Mr. Johnson stated that the proposed
location was done as an aesthetic concern.
Appeal # 02-98,Thomas D. Reck, W 180 S6701 Muskego Drive, Tax Key No. 2174.928
REQUESTING: Under the direction of Section 3.08 (1) Appeal Provisions, Petitioner seeks the following three (3)
variances: Chapter 17--Zoning Ordinance: Section 5.02 (2) Building Location: Setbacks. No structure shall be
erected, structurally altered or relocated on a lot except within conformity with the district it is located. Petitioner
seeks a 12 foot variance to place a new accessory structure 13 feet from the Muskego Drive right-of-way. (zoning
requirement is 25 feet) Chapter 17--Zoninp Ordinance: Section 5.02 (2) B Building Location: Setbacks. No
structure shall be erected, structurally altered or relocated on a lot closer than 20 feet to the base setback Iine.
Petitioner seeks a 7 foot variance to leave an existing carport 13 feet from the base setback line. Chapter 17--
Zoning Ordinance: Section 5.02 (3) A_ 1 Building Location: Offsets_ No structure shall be erected, structurally
altered or relocated on a lot except within conformity with the district it is located. Petitioner seeks a 4 foot
variance to place an addition to an existing residence 6 feet from the south property line. (zoning requirement is
10 feet): The property is zoned RS-3/OLS, Suburban Residence District in a Lake Shore Overlay
BOA 04t23198
Page 3
Mr. Woida stated consideration was given to the building, that the structure would not be contrary to the existing
neighborhood, and provided the Board with additional information showing over sized structures in the area and to
close to the road.
Mr. Taube as neighbor is opposed to variance stating for 29 years lots 39 and 40 were combined and just recently
separated. Now the owners a requesting a variance. He feels the City improperly allowed for the legal lot status
and did not look into records well enough to find that the lot did not have adequate sewer connections. He feels
they have recreated their own hardship by creating two nonconforming lots.
Ms. Schmalz a neighbor feels the variance request is extreme.
Mr. Schmalz a neighbor stated in his opinion there is no reason to request a variance, there is enough room on the
lot for a garage. The location of the well is not a hardship, it can be put inside the garage. Mr. Schmalz strongly
objects to this request.
David Woida stated moving the location to the road is caused due to the well being between the home and the
proposed garage and keeping the offset of the garage in line with the residence was done for aesthetics.
The Board took a five minute recess
DELIBERATIONS
APPEAL # 1-98 Mr. Brandt made a motion to accept Appeal # 1-98-1 as submitted, Mr. Ross seconded. After
some discussion the motion was amended to state the hardship being the pre-existing location of structure, since
the house was placed in an angle fashion, rather than parallel with the street. Upon roll call vote, the motion
carried 4-1. Mr. Schneiker voting nay.
APPEAL #2-98 Mr. Ross made a motion to accept Appeal #2-98 as submitted and vote on each item individually,
Mr. Schepp seconded. A motion was made by Mr. Schneiker to defer items 1 and 2, and that appropriate
measurement form the road right-of-way. Mike Brandt seconded. Motion carried 3-2, Chairman O'Neil and Mr.
Schepp voting nay. Item #3 was voted on and denied unanimously due to lack of hardship.
APPEAL #3-98 Mr. Schepp made a motion to accept Appeal # 3-98 as submitted, Mr. Brandt seconded.
Discussion ensued regarding the lack of hardship due to the fact the garage has not been built and if the petition
could be allowed to adjust the plans and resubmit at a later date. Upon roll call vote, the motion to approve Appeal
#3-989 was denied unanimously Mr. Ross made a motion to allow the Beren's to return to Board of Appeals
within 60 days with a new submittal and not be charged an additional submittal fee, Mr. Schneiker seconded, upon
roll call vote, the motion carried unanimously.
Miscellaneous Business: Elect a Vice Chairman for 1998. Mr. Schepp nominated Mr. Schneiker to be Vice
Chairman for 1998, Mr. Ross seconded. Upon voice vote, the motion carried 4-1, Mr. Brandt voting nay.
Respectfully submitted,
Susan J. Schroede
Recording Secretary
CITY OF MUSKEGO
BOARD OF APPEALS
9
Application for Variance
Applicants Name�/-),,5 _V-
}.ni J 3KEG0 PL'.N
Subject Property Address: cs i LJ r
Telephone6--2!2 - 3L( �_ ^_
Property Zoning k,5 -
Key # %-24/D 13
Petitioner's relationship to property (circle applicable):
owner J
Fees: $195.00
lessee other
Date inspector denied permit:
Requesting variance to Section Vr 6,�5—
To allow:
A literal enforcement of the terms of the above -referenced section
would result in practical difficulty and unnecessary hardship
because: a ) c A2rr{ g
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The variance, if granted, will not be contrary to the public
interest and will be in accord with the spirit of the code because:
The variance, if granted, will not adversely affect public safety
or jeopardize public welfare because:
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