Zoning Board of Appeals- - Minutes 02/22/2001CITY OF
MUSKEGO
JFC-
DEPARTMENT OF CITY PLANNING
Brian D. Turk
Director of Planning
(262) 679-4136
ZONING BOARD OF APPEALS
FINDINGS OF FACTS
A dimensional variance is hereby granted to Jay Strande, by the
Zoning Board of appeals of the City vi Muskego to permit. a 3.75 Mot
offset from the south property line and a 6.24 foot setback from the
public right-of-way for the construction of a two -car garage at W182
S6575 Muskego Drive, based upon the applicant having met the
specifics of the City Ordinance with respect to granting variances.
It was found that the variance does preserve the intent of the
Municipal Code because there is practical difficulty associated with the
existing location of the 'residence on a legal non -conforming parcel,
there were exceptional conditions applying that do not generally apply
to other properties. More specifically, the granting of the variance
provides the Strande property with rights enjoyed by properties in the
immediate vicinity, property rights of other property owners are
preserved, and no substantial detriment is caused to an adjacent
property.
Dated this 26r" day of February, 2001.
r
Signed �
Daniel Schepp
Chairman, Zoning Board of Appeals
Signed —
Dusti ] olff
Assist t Plan ctor
W182 S8200 Racine Avenue - Box 749 - Muskego, Wisconsin 53I50-0749 - Fax (262) 679-5614
-(�- 1;_. Gay,
ZONING BOARD OF APPEALS MINUTES
FEBRUARY 22, 2001
Meeting was called to order at 7:05 P.M.
PRESENT: Chairman Schepp, Vice Chairman Schneiker, Terry O'Neil, Barbara Blumenfield,
Horst Schmidt, Assistant Plan Director Dustin Wolff and Recording Secretary Schroeder.
ABSENT: Mike Brandt and David Conley.
STATEMENT OF PUBLIC NOTICE: Secretary reported notice was provided in accordance
with Open Meeting Laws.
OLD BUSINESS: None
NEW BUSINESS:
APPEAL #1-2001
Petitioner: Jay Strande, residence: W183 S6570 Jewel Crest Drive, Location of Appeal: Same
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
Building Location Restricted: No building shall be hereafter erected, structurally altered or relocated
on a lot except in conformity with the following locationai regulations as hereinafter specified for the
district in which it is located.
A setback of 25 feet is required from the edge of the public right-of-way. The petitioner seeks a
setback of 6.24 feet to permit the construction of an attached two -car garage, and is therefore
requesting an 18.76-foot variance.
A side offset of 5 feet is required from the side property line. The petitioner seeks a side offset of
3.75 feet to permit the construction of an attached two -car garage, and is therefore requesting a
1.25-foot variance. Zoned: Rs-3/OLS, Suburban Residence District as modified by the Lakeshore
Overlay.
Mr. Terry O'Neil questioned if he should recuse himself from this appeal as Mr. Strande lives three
doors down from Mr. Strande and they discussed Mr. O'Neil's variance that was previously granted.
Assistant Plan Director Wolff stated Mr. O'Neil certainly may recuse himself if he wishes, however,
since they do not have abutting property and Mr. O'Neil has nothing to gain by the outcome of this
appeal, there is not a conflict. Chairman Schepp concurred.
Mr. Schneiker administered an oath to Jay Strande and Mr. Wolff.
Mr. Strande proceeded to explain he is requesting to construct a two -car garage on a nonconforming
lot. The garage would be too close to the road right-of-way however; it is on an outside curve thus
having less affect on safety of the public. It would be aesthetically pleasing to the neighborhood
have all his possession inside the garage. Mr. Strande explained he recently had a survey done and
according to the survey, an additional 1.5' has been lost since he originally had the property
surveyed when purchased. Mr. Strande provided pictures of other garages on Jewel Crest Drive
along with a signed petition of support from the immediate neighbors.
Mr. Wolff stated this is the first of a two-step process for the remodeling of this residence, a duplex.
A second story is being proposed by the petitioner and conversion of the single -stall, attached
garage to living area. The two -car garage will replace the single -car garage. If the Zoning Board of
Appeals approves the variances for the new attached garage, then the Plan Commission must
approve the remodeling of the duplex residence. The residence was utilized as a duplex prior to the
establishment of the Zoning Code, and the Plan Commission approved a Conditional Use Grant for
the duplex use to be legal and conforming. Lots around the lake are typically very narrow and
small. Four properties in the vicinity to this parcel have similar situations. The existing driveway
area should be removed to comply with the Floor Area Ratio requirements. Staff is supportive
noting the hardship being pre-existing condition of the parcel and pre-existing location of structures
to the lot lines. And granting this variance provides the Strande property the rights enjoyed by
properties in the immediate vicinity, specifically a two -car garage, the property rights of other
property owners are preserved, and no substantial detriment is caused to adjacent properties.
DELIBERATION: Henry Schneiker made a motion to approve Appeal #01-2001 as submitted
with the condition the existing driveway be removed. Barbara Blumenfield seconded. Upon roll
call vote, motion carried-5-0.
APPROVAL OF MINUTES FROM THE SEPTEMBER 28, 2000 MEETING: Terry O'Neil made a
motion to approve the minutes as submitted. Henry Schneiker seconded. Upon voice vote,
minutes from September 2000 meeting were approved.
MISCELLANEOUS: Mr. Wolff indicted that the new electronic voting system has been installed
in the Council Chambers, and the Board of Appeals will need to discuss and formally vote on
which method of voting will be employed by the Board. The item will be placed on the next
meeting agenda.
ADJOURNMENT: At 7:40 P.M. Barbara Blumenfield made a motion to adjourn. Henry
Schneiker seconded. With no further business to come before this board, the meeting was
adjourned on voice vote.
Respectfully submitted,
City of Muskego
Susan J. Schroeder
Recording Secretary
ZONING 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., Thursday, February 22, 2001, 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
None
5. NEW BUSINESS
Appeal #01-2001
Petitioner: Jay Strande
Residence: W183 S6570 Jewel Crest Drive
Muskego, WI 53150
Location of Appeal: Same
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 Building Location
(1) Location Restricted: No building shall be hereafter erected, structurally altered or
relocated on a lot except in conformity with the following locational regulations as
hereinafter specified for the district in which it is located.
A setback of 25 feet is required from the edge of the public right-of-way. The
petitioner seeks a setback of 6.24 feet to permit the construction of an attached two -
car garage, and is therefore requesting an 18.76 foot variance.
A side offset of 5 feet is required from the side property line. The petitioner seeks a
side offset of 3.75 feet to permit the construction of an attached two -car garage, and is
therefore requesting a 1.25 foot variance.
Zoned: Rs-3/OLS, Suburban Residence District as modified by the Lakeshore Overlay.
6. APPROVAL OF THE MINUTES FROM THE SEPTEMBER 28, 2000 MEETING.
7. MISCELLANEOUS BUSINESS.
ZBA 2/22/2001
Page 2
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 7T" day of February, 2001
City of Muskego
Zoning Board of Appeals Supplement 01-2001
For the meeting of: February 22, 2001
REQUESTING: Under the direction of Chapter 17 Zoning Ordinance: Section
17:3.08(1) Appeal Provisions, Petitioner seeks the following variances:
Chapter 17—ZoningOrdinance: Section 5.02 Building Location
Location Restricted: No building shall be hereafter erected, structurally altered or
relocated on a lot except in conformity with the following locational regulations as
hereinafter specified for the district in which it is located.
A setback of 25 feet is required from the edge of the public right-of-way. The
petitioner seeks a setback of 6.24 feet to permit the construction of an attached two -
car garage, and is therefore requesting an 18.76 foot variance.
A side offset of 5 feet is required from the side property line. The petitioner seeks a
side offset of 3.75 feet to permit the construction of an attached two -car garage, and is
therefore requesting a 1.25 foot variance.
LOCATION: W183 S6570 Jewel Crest Drive (Tax Key No. 2174.155)
SW '/a Section 4
PETITIONER: Jay Strande
PREPARED BY: Dustin Wolff
BACKGROUND
The existing structure is legal non -conforming as it does not meet the required 5' and
6.7' offsets required by Code. In addition, the residence has been utilized as a duplex
since prior to the establishment of the City's Zoning Code and granted an automatic
Conditional Use. A variance was granted in 1990 to allow a 3.75' offset from the north
property line and 25' setback from the right-of-way.
In August 1993, the Plan Commission approved a resolution to officially record the
CUG allowing the duplex use.
The lot itself is legal non -conforming as it has approximately 50 foot average width and
approximately 7,100 square feet. This allows for 1,775 SF of impervious surface. The
current structure accounts for 1,250 SF of impervious surface, and the driveway area
and apron and additional 800 SF. Currently, the property exceeds the open space
requirement by 250 SF.
DISCUSSION
This is the first of a two-step process for the remodeling of this residence. Ultimately,
the petitioner proposes to construct a second story addition to the residence and
convert the single -stall, attached garage for living purposes. The two -car garage will
replace the single -car garage. If the ZBA approves the variances for the new attached
garage, then the Plan Commission must approve the remodeling of the residence.
ZBA 2-22-2001
Page 2
The structures around the lake were originally constructed as seasonal cottages and
weren't intended for year round habitation. As a result, the lots were typically very
narrow and small in area. The site is further hindered by the placement of the
residence on the lot, which does not easily allow for additions or alterations to the
residence. Furthermore, as the structure is legally occupied for two residential units, it
is practical to expect that a residence should have a two -car garage available. Four
properties in the immediate vicinity to this parcel have similar situations, wherein
additions to the residence or the construction of detached garages have reduced the
proximity to the public right-of-way.
The existing driveway area should be removed as a condition of approval, where a
short drive apron with exist between the proposed garage and the ROW, This will allow
the amount of impervious surface for the property to remain at approximately 2000 SF,
not increasing its degree of non -conformity.
STAFF RECOMMENDATION
Approval of Appeal 01-2001 permitting a 6.24 foot setback from the public
right-of-way and a 3.75 foot offset along the south property line to construct
an attached garage, conditioned upon the existing driveway be removed.
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CITY OF MUSKEGO
BOARD OF APPEALS
Application for Variance
Applicant's Name dA T10f
Subject Property Address rN1F3 5&6_ 70 kc-IA/CL &%&s
Telephone Z&L) & J`1 06,Z 3
Property Zoning: /fS' Tax Key #
Petitioner's relationship to property {circle applic8ble}:
owne lessee other
Fee: $200.00
Date inspector denied zoning permit:
Requesting variance to Code Section /7 az SI Oer Zvc• 71-0,y
A literal enforcement of the terms of the above -referenced section would result in
practical difficulty and unnecessary hardship because:
The variance, if granted, will not be contrary to the public interest and will be in
accord with the spirit of the code because:
J The variance, if granted, will not adversely affect public safety or jeopardize
public welfare because
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I have been made aware of the proposed construction under appeal
for Jay and Juh Strande at W 183 S6570 Jewel Crest Drive. I have
no objections to the proposal and support the renovation.
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