Zoning Board of Appeals 01-1999S
CITY OF
MUSKEGO
January 8, 1999
Mr. and Mrs. Andrew Anderson
S69 W14891 Cornell Circle
Muskego, Wil 53150
f
RE: Board of Appeals
Dear Mr. and Mrs. Anderson:
DEPARTMENT OF CITY PLANNING
Matthew G. Sadowski, AICP
Director of Planning
(414) 679-4136
The Board of Appeals wishes to advise your appeal from Section 5.02(2)
Building Location was deleted from your appeal request.
Your appeal from Section 5.07(1), Minimum Required Open Space
requesting 838 square feet has been granted to erect a principal structure
and driveway located at W171 S7234 Lannon Drive has been granted.
Please be advised building and zoning permits are required prior to
commencing with construction on your property.
Should you have any questions, please contact Dustin Wolff at 679-5674
Sincerely,
Susan J. Sc oeder
Recording Secretary
W182 S8200 Racine Avenue • P.O. Box 749 * Muskego, Wisconsin 53150-0749 a Fax (414) 679-5614
Appeal 4-1-99
Andrew Anderson
S69 W 14891 Cornell Circle
Muskego, WI 53150
Key No. 2198.014
REQUESTING: Under the direction of Chapter 17 Zoning Ordinance: Section 17:3.08(1) Appeal
Provisions, Petitioner seeks the two (2) following variances:
1. Chapter 17--Zoning Ordinance: Section 5.02(2) Building Location: No structure shall be erected,
structurally altered or relocated on a lot except within conformity with the district it is located. Petitioner
seeks a 4.0 foot variance to erect a principal structure (a single family residence) with a 32.00 foot setback
from the South Lane right -of --way line to match residence to the east. OR. Petitioner seeks a 3.5 foot
variance to erect the same principle structure 10.5 feet from the rear lot line so that the ordinance required
setback can be complied with. The Ordinance requires a 36.0 foot setback and a 14.0 foot rear yard offset
per Sections 17:5.02(2)B.1, 17:5.02(3)A.1. and 17:8.07(3).
2. Chapter 17 Zoning Ordinance: Section 5.07(1) Minimum Required Open Space: No building shall be
erected, structurally altered or relocated on a lot so as to reduce the usable open area of such lot to less
than that specified by the regulations for that district. Petitioner seeks a 838 square foot variance to erect
a principal structure (a single family residence) and driveway leaving 14,162 square feet of open space.
The Ordinance requires 15,000 square feet of open space per 17:5.07 (1) and 17:8.07(5).
DECISION OF THE BOARD OF APPEALS
Motion to approve as submitted and amended, removing the first request. The hardship cited was Mrs. Anderson
had an accident in 1991 and is unable to climb stairs. The history of this site is a hardship in itself. The
subdivision was originated in 1959;rpri)or to the 19§5 Ordinances.
L VA� Approved
Chairman O'Neil
Approved
Vice Chairman
1viU111vUr 3c;iiepp
Approved
Member Brandt
L
�� Approved .�
Member Conley (1 st
Approved
Member Le Pfoux (2nd Alt.)
BOARD OF APPEALS MINUTES
CITY OF MUSKEGO
JANUARY 28, 1999
APPROVED
CALL TO ORDER: Chairman Terry O'Neil called the meeting to order at 7:00 P.M.
PRESENT: Chairman Terry O'Neil, Vice Chairman Henry Schneiker, Dan Schepp, William LeDoux, Mike Brandt,
David Conley, Kristy Rogers, Assistant Planning Director Dustin Wolff and Planning Director Matt Sadowski.
STATENT OF PUBLIC NOTICE: Secretary stated notice was given January 15, 1999, in accordance with Open
Meeting Laws.
MINUTES: Henry Schneiker made a motion to approve December 10, 1998, minutes as submitted. William
LeDoux seconded, upon voice vote, motion carried.
OLD BUSINESS: Signing of decision letters for the December 10, 1998, meeting.
NEW BUSINESS: Appeal ##01-99, Andrew & Tracy Anderson, S69 W14891 Cornell Cr., Location of Appeal:
Northeast corner of Cannon Drive and South Lane (vacant lot)Tax Key No. 2198.014 REQUESTING: Under the
direction of Chapter 17 Zoning Ordinance: Section 17:3.08(1) Appeal Provisions, Petitioner seeks the two (2)
following variances: Chapter 17--Zoning Ordinance: Section 5.02(2) Building Location: No structure shall be
erected, structurally altered or relocated on a lot except within conformity with the district it is located. Petitioner
seeks a 4.0 foot variance to erect a principal structure (a single family residence) with a 32.00 foot setback from the
South Lane right-of-way line to match residence to the east. OR.. Petitioner seeks a 3.5 foot variance to erect the
same principle structure 10.5 feet from the rear lot line so that the ordinance required setback can be complied with.
The Ordinance requires a 36.0 foot setback and a 14.0 foot rear yard offset per Sections 17:5.02(2)B.1,
17:5.02(3)A.I. and 17:8.07(3).
2. Chapter 17 Zoning Ordinance: Section 5.07(1) Minimum Required Open Space: No building shall be erected,
structurally altered or relocated on a lot so as to reduce the usable open area of such lot to less than that specified by
the regulations for that district. Petitioner seeks a 838 square foot variance to erect a principal structure (a single
family residence) and driveway leaving 14,162 square feet of open space. The Ordinance requires 15,000 square
feet of open space per 17:5.07 (1) and 17:8.07(5).
Zoned: RS-2, Suburban Residence District as modified by Section 17:5.02(3)A. L.
Henry Schneiker administered an oath to Andrew and Tracy Anderson.
Mr. Anderson stated he decided he could work with the setback from South Lane after averaging the setback with the
surrounding homes, thus eliminating the first variance request; however, he feels it is unreasonable to not have a
concrete or asphalt driveway in order to maintain open space. His father has lived in the house next door since
1950's and has a larger home with a driveway. This property is connected to sewer. The neighbor's house was built
around 1971 and he did not obtain a variance.
Mr. Anderson also submitted a petition signed by his new neighbors stating they have no objections to a variance
being granted to this property.
Mr. Schneiker questioned why a two-story home could not be built within the confines of the open space. Mr.
Anderson stated the area is basically ranch style homes.
Mr. Schepp stated the variance requested would only be 185 square feet if the paved driveway was eliminated.
Mr. Anderson's hardship is Mrs. Anderson had an accident in 1991 and is unable to climb stairs. The history of this
site is a hardship in itself. The subdivision was originated in 1950's prior to the 1965 rules.
Matt Sadowski stated the City has ordinance for legal non -conforming lots in the thought that someday people will
purchase vacant land to make the site conforming. Upon reviewing the file for the neighbor's house built in 1971, he
BOA 1/28/99
Page 2
was unable to locate that a variance had been granted for that residence to be built.
DELIBERATION: William LeDoux made a motion to approve the variance as submitted and amended removing
the first request.. Dan Schepp seconded. Upon a roll call vote, motion carried unanimously.
MISCELLANEOUS BUSINESS: None
ADJOURN: With no further business to come before this Board, Mike Brandt made a motion to adjourn. Dave
Conley seconded. Upon voice vote, motion adjourned at 8:00 p.m.
Respectfully submitted,
Susan J. Schroeder
Recording Secretary
BOARD OF APPEALS 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 Muskego Room at the Muskego City Hall, W182 S8200 Racine Avenue, at 7:00 P.M., ThursdaN.
January 28. 1999, 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 10, 1998, MEETING.
5. OLD BUSINESS
• Signing of decision 10(ers for (lie December 10. 1998. meeting.
6. NEW BUSINESS
Appeal #01-99
Andre« & Tracy Anderson
Residence: S69 W14891 Cornell Cr.
Muskego. Wl 53150
Location of Appeal: Northeast corner of Lannon Drive and South Lane (vacant lot)
Tax Key No. 2198,014
REQUESTING: Under the direction of Chapter 17 Zoning Ordinance: Section 17:3.08(1) Appeal
Provisions. Petitioner seeks the two (2) following variances:
1. Chapter 17--Zoning Ordinance: Section 5.02(2) Building Location: No structure shall be erected,
structurally altered or relocated on a lot except within conformity with the district it is located. Petitioner
seeks a 4.0 foot variance to erect a principal structure (a single family residence) with a 32.00 foot setback
from the South Lane right-of-way line to [Hatch residence to the east. OIL. Petitioner seeks a 3.5 foot
variance to erect the same principle structure 10.5 feet from the rear lot line so that the ordinance required
setback can be complied with. The Ordinance requires a 36.0 foot setback and a 14.0 foot rear yard offset
per Sections 17:5.02(2)B.1, 17:5.02(3)A_1. and IT8.07(3)_
2. Chapter 17 Zoning Ordinance: Section 5.07(I) Minimum Required Open Space: No building shall be
erected. structuralh altered or relocated on a lot so as to reduce the usable open area of such lot to less
than that specified by the regulations for that district. Petitioner seeks a 838 square foot variance to erect
a principal structure (a single family residence) and driveway leaving 14.162 square feet of open space.
The Ordinance requires 15,000 square feet of open space per 17:5.07 (1) and 17:8.07(5).
Zoned: RS-2. Suburban Residence District as modified by Section 17:5.02(3)A. I..
7. Miscellaneous Business.
None
BOA 1l2V99
Page 2
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 (lien 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 15th day of January, 1999
NOTICE
IT IS POSSIBLE THAT MEMBERS OF AND POSSIBLY A QUORUM OF MEMBERS OF OTHER GOVERNMENTAL.
BODIES OF THE MUNICIPALITY MAY BE IN ATIT NDANCL AT "THE ABOVE -STATED MEETING TO GATHER
INFORMATION; NO ACTION WILL BE TAKEN 13Y ANY GOVERNMENTAL BODY AT THE ABOVE -STATED
MEETING OTHER THAN T I IE GOVERNMENTAL Li130DY SPECIFICALLY R1:FERRED TO ABOVE IN THIS NOTICE.
NOTICE
"Please note that, 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 Marends at City Hall, W 182
58200 Racine Avenue, (414) 679-5625."
CITY OF MUSKEGO
BOARD OF APPEALS
Application for Variance
Applicants Name
Subject Property Address: U/GCA /ec� alc I SL&Cll 1A 6
Telephone lLl-W - q %Q q
Property Zoning FU
Key #���Ca�17 l CN
Petitioner's relationship to property (circle applicable):
caner\
Fees: $195.00
lessee other
Date inspector denied permit: �—
Requesting variance to Section See 6_&tCL hed5Ae_,_1CA
To allow: (�CAS YCIC t�G/1 r'51m le- -t�<_Y1r CU home_-6et Cl.&/-auit-ol'` /
A literal enforcement of the terms of the above -referenced section
would result in practical difficulty and unnecessary hardship
because:
Gr ve Close b y. � helP them c+� H7 Q!� fF11�/t� /r �/rC'I�.C�r,t j� /t� ciiv'IC, 5/rotu � e/�xwr , /j'� F/1 te�l�anc�,
The variance, if granted, will not be contrary to the public
interest and will be in accord with the spirit of the code because:
unV J
The variance, if granted, will not adversely affect public safety
or jeopardize public welfare because:
Should not need Fukjre expans,cia
Requirements for Variance
For any variance pertaining to a parcel of land, a plat of
survey, prepared by a Registered Land Surveyor, must be submitted.
Plat of survey must be dated, with no time requirements, and sealed
by the surveyor.
Plat of survey must contain the following:
1. The parcel in question with dimensions, bearings and a
description of the exterior boundaries.
2. Abutting streets, properties, rivers or others.
3. Location and size by dimension on any existing buildings or
structures.
4. Any easements.
5. Location and size of culverts, ditches, trees, wells, septic
system, retaining walls, driveways, or any other items
pertinent to the variance requested.
6. Elevations at corners of parcel, building corners, grade breaks
and any other elevations pertinent to the variance requested.
7. Proposed building, structure or appurtenance for which the
variance is being requested, should also be submitted.
A drawing or sketch of the appurtenance for which the variance
is being requested, should also be submitted.
A hardship line shold also be entered on the variance form.
DEADLINE FOR SUBMITTAL - 15 DAYS PRIOR TO THE FOURTH THURSDAY OF
MONTH.
MEETING DATE - FOURTH THURSDAY OF THE MONTH. ^
card r,t 0/2 OYAd- , - ulr-&h Oct+ `1aV, r}q a ��rec o� �`u�c �roha l o b5cjlesCer?ee
Whjl� Akui?-6tu/104�y Qc%9va}e yrOSS �,�,y ctr ate, /-t.� Q�i)Formr4„�t,jt 'e `urrx,f)C1In y
Pry, pe r�'cs, 0,3 7 f*. opprwcl t to �e fron,- [, a40(0-(/0 ) a 3%V55 L, Uin rj (2 ea tlU r r kk) fCl
Yt -mare runc-�,6naft j 05able, and Iec1-er frCn4 ofea- to &�e
16 fh 00- -Eli.e ►W, COC.L I-00/4 S deeo/Yie. tO 1j0rrocu 6Ad 16n y on rear v arc( (/Sa9Q r.5
decreaSvd.
Wehate- r theclsevcrj/rlcrle15 ar')d this � S the onq plwl l44,1 2-ea5ibye r!lc�r
P I M dux.+ We could Co me q p .
•��
Ilf p
0 A 001
of 43 r -
N j r O N cC
00
w AN �? CITY OF
}t liagancY h
Cit.
IR e MUSKEGO TESS CORNERS
I �......_ FIRE DISTRICT FIRE DISTRICT
p �w
WW.WW or
wd,yt � pvr rt � d i
t
hillMle 0, raeoa nl
Ls
I t Little Muskego Lake
� � t
Y a •
In CI
Bay Zone
r�r w°°° i VT IN + E M,., School
v 1
Sum a & aC
wao~y Molly t'a" 4 a �(
Ct. Pat CYat+r p
t. I ,a € d R �D
4 Sonctuar D Q 4 Rc CL SPlnak& CL ,yy`
Sanctuary Cl. laq lyrY b e C 3
Scenic Dr. r,
C r } Oa_ panic CL- Non Dr. pyn CI
y'p ; � AuOra
/ Muskego Park 11 , °. * i `' u t KurUfLA
f 01.
Police o Lwe Bass Bay
' P .a
Dr T City
tx � Ha{A e
a'r 6a►K �' d fi
a �G
CL
° µ I
iv if CL
woody Rd. igS Sw torte lax — —
Muskego
High School
0 1 0- ckcf
V C �J
ki
• 10.5
AuowE� OIATc N
yp Facwr --*36 NEr6-146MAQ&
91 r04fk 32 SclB4cic
XNL
r
�fr
( �u� lalrt' r'°D
!� f LowEll SETOCIC
OL
MPM
tor` To E4Sr
t Q.rrtif� rA�, �,•r. r .. r r,. J. 'c.f
••rr •�. nr•rrr. 1r•.. .f
tYrvJr Jur• e • .�n.1 r .f ..r r,r� •f:.n• r 1%rur . un
iorv'rr•r. ul bvi:d��.r.r �•.•,1 nrhrr •..rf•rr., ..a• • .., f r ... a �- � •rr. r.. h�.•.nd.,ry nrr .rr•d
•1r.rmr.,,. :hrr or
r'•!,i T � ..% •'V,�•.l. � l.: "7 V• EY ,�Arr^f>.f�„yr S�_F2VIt E Ir,,C
CI►�li 'NGIJ+11AS AND SOMYORS �+
it f+i5 •. 4.1 w �ti �. L;t •f� r' '� .� ►1 �•{ c--^��.�
t '� SURVCYOR
I
h
FLOOR PLAN'
(1431 SQUARE FEET)
rl Pc c ' a rcl c, At
471r9
■■■■■■■ ■
-v�a�.NC
ALL WCtFT3 RESF�tYHD. MO FI'Aw&vn-Ew -u*
MAY BE QED at TRIN57 W N *a PD
OR 8T .NY M*6 8XCiF"W-QTEC►YMpGti
W01@Mlld1 5TpIPACrE NO RENIEY11 SY57Bs
ODOR T E Y07TEN F'ERMIGN aF
BELNM H" MLDERk I-
E-s MARJSTREET
— THE LINDEN 'A'
JOB NO,
SHEET NO.
i OF
CL
ir
C •
4too
01
en
%mA
To
/EL
_ ..1Lw c'.-['� ' f - --.►c'-:tea
_ '_ � '�,.•'�1,��\>. W2lti-, r } - /1/7 � 4 try -�, ` .. y T� j _
Ax
IA
- � _ - _ x• . _ - # Y. a• i a , ~ -`,•r .. [� ...�fir+�-M!!!;•••``�-t�T� ���.: - _ •``-YY-•w 3r;. ,�..,L� w _ ±: .�r � 4. _�- -� r orya,+t � rj'� _
ti• .+. , . ..tom ,.. - . t - - s, - - . �: � k,.� .. '
y?y
ZrQiz
p r
M Ovi'i'
° S' p A
C
z
=mN
m�
SyOm
npTy
m
< O
oo �
�zZ�
rV
AZOm
g
m`33n
y°Nm
A 0
Sb
A2O°
7[ z
mm
t7zNm
m
x z
• 71
C y H
�
o�
o
y
N
"
Ei ,- <
Am
�n
y�mp
fA
��zm
O
s
Orp.
5
N
:5
II^Oo
0m
-4NO�
Am
z0
Anzm
m1
Tllo�
my
Z0'�z
Kmmd
N
�m
mz
2 x-S
; mA
0
MZ
2
Orin
mHb
�0
nm�
�T
mx�in
w
2m
ro°
of
vac
z0
nm+^
'^m
m0�
2CT
O
mn
mAm
a 2
y m 1
y
D
m -.I
90
LnmZ
pp
h1 k
f
Q (A'- 3B�
L
N
3
I
9
Alvr1`h 7e_GO'
U�
1
n
�
y{
.�� �-.tu
1
r-
Meadow
q
Sou t/7 78.. 00'
D �
° �b Drive �60. o1�J
t
A �
O
W
a r
a
a
L + _
Z
o cp n
O
D
a p1 rn Q c_
Q EA -,
00
LAIrA
•° (D ' O z o
cn '
� I -
C
Y
\e
Y
\e
1 .
r
' O ^ ❑ _ C7� �' 0 ,\ 11 a 7 I i c �
=,..- T• ' ---�- max - g a o o Q 0 I I I I
_401 23 -tC W
_ 54 DRIVE
tam ,u '�..
n
❑w
D
m
A
BMW - 67.33' au'
4 `1 e— r C7
W
�C '
1 `
7-
103ld�
- t 120
60M`
i ` .
i op
t
I N Ci
•D VTr- IA-i !
D � , , w �r
r
r � I •
MEADOW DRIVE
r
is.QQ• • ^ I r r r a s.' •
I Q = a
1'
r _
o R1 o o c y o _ •toE
1D W O w r ~1 s
u
Cy
J
1 /9/99
City of Muskego Board of Appeals
W182 S8200 Racine Avenue
Muskego, W1 53150
We have been informed that Andrew & Tracy Anderson would like to build a ranch style
home on lot 9 Meadow Dale Subdivision (corner of Lannon Drive & South Lane).
It has been explained that the normal setback requirements are that the front of the house
has to be 40 ft. from the road. A variance is needed because the proposed home would be
setback 34 ft. from South Lane.
We have no objection to the Anderson's receiving the variance needed to build the
proposed house.
/ Signature Name Address
Jr� �V 170 s J>r,
�� 1)/7z �z 1.9
Ak
zo., ii