Zoning Board of Appeals- AGENDA-01-27-2000BOARD 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., Thursday,
January 27`h, 2000, 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. OLD BUSINESS
• Signing of decision letters for the December 9, 1999 meeting.
5. NEW BUSINESS
Appeal #01-2000
Petitioner: Gary Januszewski
Residence: 3004 South 15`s Street
Milwaukee, Wl 53215
Location of Appeal: W19I S7691 Racine Avenue
Tax Key No. 2192.982
REQUESTING: Under the direction of Chapter 17 Zoning Ordinance: Section 17:3,08(1) Appeal
Provisions, Petitioner seeks the following variances:
1. Appeal to vacate conditions of approval for appeal granted on September 24`s, 1963.
Petitioner seeks removal of previous stipulation requiring lot consolidation to allow the 1963 construction of a
detached garage. Purpose is to allow land division as otherwise permitted by Chapter 17.
Zoned: RS-2, Suburban Residence District.
Appeal #02-2000
Petitioner: Craig and Theresa Bennett
Residence: S94 W 14554 Groveway Lane
Muskego, WI 53150
Location of Appeal: Same
Tax Key No. 2252,954
REQUESTING: Under the direction of Chapter 17 Zoning Ordinance: Section 17:3.08(1) Appeal
Provisions, Petitioner seeks the following variances:
2. Chapter I7--Zonin Ordinance: Section 5.02(3). Offsets: (3) Offsets: The proximity of a building to any
other lot line than a street line is regulated by offset provisions as follows:
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A. No building shall hereafter be erected, structurally altered, or relocated so that it is closer to any lot
line than the offset distance hereinafter specified by the regulations for the district in which it is
located.
Petitioner seeks a 5.78 foot side offset variance to permit a second floor addition along the north property line.
The Ordinance requires a 10 foot side offset.
Zoned: RS-2/OLS, Suburban Residence District as modified by the Lakeshore Overlay.
6. APPROVAL OF MINUTES OF THE DECEMBER 9, 1999 MEETING.
7. MISCELLANEOUS BUSINESS.
None
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
Dan Schepp, Chairman
Dated this 1P day of January, 2000
NOTICE
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 TO GATHER
INFORMATION, NO ACTION WILL BE TAKEN BY ANY GOVERNMENTAL BODY AT THE ABOVE -STATED
MEETING OTHER THAN THE GOVERNMENTAL BODY SPECIFICALLY REFERRED 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, W182
S8200 Racine Avenue. (262) 679-5625."
BOARD OF APPEALS MINUTES
CITY OF MUSKEGO
JANUARY 27, 2000
Meeting was called to order at 7:00 P.M.
PRESENT: Chairman Dan Schepp, Vice Chairman Henry Schneiker, Terry O'Neil, Mike
Brandt, David Conley, Chris Wiken and Assistant Planner Dustin Wolff.
ABSENT: Excused absent Barbara Blumenfield.
STATEMENT OF PUBLIC NOTICE: Secretary reported notice was given on January 13,
2000, in accordance with the Open Meeting Laws.
NEW BUSINESS: Appeal #01-2000 Petitioner: Gary Januszewski Residence: 3004
South 15`h Street Milwaukee, WI 53215 Location of Appeal: W191 S7691 Racine Avenue
Tax Key Number 2192.982 REQUESTING: Under the direction of Chapter 17 Zoning
Ordinance: Section 17:3.08(1) Appeal Provisions, Petitioner seeks the following variances:
Appeal to vacate conditions of approval for appeal granted on September 241h, 1963.
Petitioner seeks removal of previous stipulation requiring lot consolidation to allow the 1963
construction of a detached garage. Purpose is to allow land division as otherwise permitted
by Chapter 17. Zoned: RS-2, Suburban Residence District.
Henry Schneiker administered an oath to Gary Januszewski, Attorney Leonard Schultz and
owner Elsworth Koch.
Mr. Januszewski stated he is requesting relief from a condition on a 1963 Zoning Board of
Appeals approval. The approval permitted the construction of a detached garage and
indicated the property in question could not be subdivided in the future. Mr. Koch has
obtained more land since this stipulation. The business would remain on approximately one
acre. The City has required a second access to finish the condo project, which is why he
wishes to purchase this property.
Dustin Wolff stated the City concurs with petitioner. The legality of the condition is in
question. Regardless, the property will meet the current Code requirements, if divided.
Appeal #02-2000 Petitioner: Craig and Theresa Bennett Residence: S94 W14554
Groveway Lane, Muskego, WI 53150 Location of Appeal: Tax Key No. 2252.954
REQUESTING: Under the direction of Chapter 17 Zoning Ordinance: Section 17:3.08(1)
Appeal Provisions, Petitioner seeks the following variances: Chapter 17--Zoning Ordinance:
Section 5.02(3). Offsets: The proximity of a building to any other lot line than a street line
is regulated by offset provisions as follows: No building shall hereafter be erected,
structurally altered, or relocated so that it is closer to any lot line than the offset distance
hereinafter specified by the regulations for the district in which it is located. Petitioner
seeks a 5.78 foot side offset variance to permit a second floor addition along the north
property line. The Ordinance requires a 10 foot side offset. Zoned: RS-2/OLS, Suburban
Residence District as modified by the Lakeshore Overlay.
Henry Schneiker administered an oath to Craig and Theresa Bennett, petitioners.
Mr. Bennett stated the house was originally built in 1934 and only has 880 square feet. The
house has a stairway going up to the attic making it a perfect location to add on a second
story. The house unfortunately was built before the zoning code was established. The
structure is legal, non -conforming as it does not meet the side offset requirement.
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Dustin Wolff stated this is a cottage style home with substandard square footage per today's
codes. This is similar to many homes built on the lake where they have now become year-
round residences. The existing site conditions have required this to appear before the
Board. Staff agrees approving this appeal lessening the home's degree of non -conformity.
DELIBERATION:
Appeal # 01-2000 Terry O'Neil made the motion to approve the appeal as submitted.
Henry Schneiker seconded. Upon roll call vote, motion carried. 6-0
Appeal # 02-2000 Mr. Brandt made the motion to approve the appeal as submitted. Mr.
O'Neil seconded. Hardship being pre-existing location of residence on property. Upon roll
call vote, motion carried. 6-0
APPROVAL OF MINUTES OF THE DECEMBER 9, 1999 MEETING: Terry O'Neil made a
motion to approve the minutes as submitted. Mr. Wiken seconded. Upon voice vote,
motion carried.
MISCELLANEOUS BUSINESS: Board of Appeals members requested further clarification of
a granted variance and its ramifications.
ADJOURNMENT: With no further business to come before this board, Terry O'Neil made a
motion to adjourn at 8:15 P.M. Mike Brandt seconded, motion carried.
Respectfully submitted,
Susan ]. Schroeder
Recording Secretary