Zoning Board of Appeals- - Minutes 01/26/2006ZONING BOARD OF APPEALS
FINDINGS OF FACTS
A dimensional variance is hereby granted to Luis and Amy Cebalios, by the Zoning
Board of Appeals of the City of Muskego in Appeal #01-2006 to permit an additional
1,160 square foot accessory structure, permitting a 711 square foot variance at S73
W14270 Woods Road/Tax Key 2201.090, based upon the applicant having met the
specifics of the City Ordinance with respect to granting variances.
It was found that the variance preserves the intent of the Municipal Code because there
were exceptional conditions applying that do not generally apply to other properties.
More specifically, the granting of the variance will give the property owner storage of
vehicles. The location of the well is a hardship to attach the garage to the house and
the existing barn on the property was not built to fit parked cars easily. Additionally, the
lot is one of the larger lots in the area and the surrounding neighbors support the
additional accessory building. The property rights of other property owners are
preserved, and no detriment is caused to adjacent properties.
Dated this 2nd day of February 2006.
Signed ,L-1 L�
Dan Schepp
Chairman, Zoning Board of Appeals
Signed V Vf , t e-,
Kellie Renk
Recording Secretary
ZONING BOARD OF APPEALS MINUTES
CITY OF MUSKEGO
JANUARY 26, 2006
Meeting was called to order at 7:07 P.M
PRESENT: Chairman Dan Schepp, Vice Chairman Schneiker, Mr. Horst Schmidt, Mr. William Le Doux,
Mr. Richard Ristow and Associate Planner Adam Trzebiatowski.
EXCUSED: Dr. Barb Blumenfield, Dr, Russ Kashian
STATEMENT OF PUBLIC NOTICE: The Secretary stated the meeting was noticed on January 20, 2006
in accordance with Open Meeting Laws.
NEW BUSINESS:
APPEAL #08-2005 Petitioner: Michael Birkley, W144 S7931 Durham Dr/Tax Key No. 2213.984.
REQUESTING under the direction of Chapter 17 Zoning Ordinance: Section 3.08(1) Appeal Provisions,
Petitioner seeks the following variance: Chapter 17- Zoning Ordinance: Section 6,03 Conditional Uses
(1)A. Appeal Required: Uses listed as permitted by conditional grant may be permitted in the district in
which listed upon petition for such grant to the Plan Commission and subject to the approval of the Plan
Commission and to such other conditions as hereinafter designated.
A conditional use grant was denied for the above -mentioned property on September 6, 2005, for the
operation of a Tree Servfce/Landscape business. The petitioner is seeking an appeal regarding the Plan
Commission denial of the Conditional Use Grant.
Mr. Schneiker swore in Michael Birkley, Attorney Richard Zaffiro and Associate Planner Adam
Trzebiatowski.
Attorney Zaffiro gave some history on Mr. Birkley's appeal. The issue began July 5, 2005, when a
Conditional Use Grant and Building, Site and Operation approvals were applied for and paid for by Mr.
Birkley. Problems of woodpiles and vehicles parked on the property were investigated by the City. Since
Dec. 8"' some progress has been made on the woodpile and parking. Mr. Birkley is continuing to look for
a suitable place to move his business. A potential property in the Town of Norway fell through last week.
Attorney Zaffiro stated he is encouraging Mr. Birkley to continue to work with seller. Mr. Birkley stated he
is actively pursuing a new location also. He will be meeting with a potential seller on Saturday. The
location is a little father away than he would like to go but he is willing to consider it.
Mr. Birkley submitted a map showing the businesses that surround his property. Mr. Birkley stated there
is an apartment building, Linda's Place Bar, Schultz Gun Club, Hunters Nest and a storage facility all near
his property. Mr. Zaffiro stated the core of Mr. Birkley's business is not the woodpile. He could move that
to another location. The core of the business is to go to places and do work. There were complaints on
Mr. Birkley's business at the public hearing to remove the OHS zoning. Neighbors complained of trucks
running up and down the road. Attorney Zaffiro stated these trucks leave in the morning and don't come
back till the end of the day. Mr. Birkley only comes and goes twice a day because he goes to the
customer's location. The other businesses around Mr. Birkley have customers coming and going. Mr.
Birkley feels the neighbor that owns the apartment building only complained because her two sons own
the same type of landscape business. Other neighbors do not have a problem. Attorney Zaffiro
questioned the due process notice rights regarding the denial of Mr. Birkley's business while other
businesses surround his.
Mr. Le Doux questioned if the Conditional Use Grant was permissible under the existing zoning at the
time of application. Attorney Zaffiro stated yes, under the existing zoning at the time, the Conditional Use
Grant was permissible. The code changed three weeks later.
ZBA Minutes
1 /26/2006
Page 2
Mr. Le Doux questioned the dates of the application process by Mr. Birkley. Attorney Zaffiro stated on
July 5, 2005 Mr. Birkley applied for a Building, Site and Operation, On July 25, 2005, the application for
the Conditional Use Grant was submitted.
Mr. Trzebiatowski explained Aid. Madden requested rezoning based on a few residents who wanted to do
additions with OHS (highway service overlay) overlay and because of the zoning they could not. Adam
Trzebiatowski stated on July 26. 2005, the zoning was changed by the City. Notification went out a few
weeks prior and at this time no one was approved to be running a business in the area. If there were, the
property would not have been rezoned.
Mr. Schneiker questioned Mr. Birkley if there was a contingency on the property when it was purchased in
order to obtain proper approvals. Attorney Zaffiro stated Mr. Birkley relied on verbal assurance by Plan
Department staff. Mr. Birkley stated he was told he would not have a problem getting the Conditional Use
Grant. Mr. Birkley sent a letter to Director Muenkel confirming the understandings in writing. Mr. Birkley
questioned staff at the time of the Board of Appeals submittal what the deadline date was. Staff stated 20
days. Mr. Birkley submitted past the deadline. Mr. Trzebiatowski stated staff must accept an appeal even
if it is submitted after the deadline. Attorney Zaffiro stated local time schedules do not over ride
constitutional questions.
Attorney Zaffiro stated Mr. Birkley has three options: running the business at this site, without woodpiles
and trucks within setback of the ordinance, work with other municipalities to move the business or the
third option is to go to court. Attorney Zaffiro is requesting a limited period of time to continue to look for
another property. Mr. Schmidt questioned how much more time the petitioner is asking for. Attorney
Zaffiro stated March or April should be sufficient.
Mr. Le Doux questioned if the business is currently up and running. Mr. Birkley asked what is considered
up and running. Mr. Birkley also questioned if he answers that is he going to hang himself. Attorney
Zaffiro stated in winter months there is not much business until spring. Mr. Birkley is not going to and
from locations, but is still cutting wood to get rid of the piles.
Mr. Trzebiatowski stated this item was deferred at the last two Zoning Board of Appeals meetings due to
the requested adjournment/deferral from the appellant and his attorney. The attorney stated at the last
meeting they were not going to ask for any additional adjournments/deferrals. Due to this, action should
be taken at the January 26, 2006 Zoning Board of Appeals meeting. No new information has been
received at this time. The appellant's attorney did submit a letter to the City and the Alderman of the
applicable Aldermanic District. The letter attempted to get an agreement in place to give Mr. Birkley time
to explore his options. The City and the Alderman both agreed that plenty of time has been given and the
issues at hand must come to an immediate end. No agreement was worked out. Based upon the facts,
the City Staff representative respectfully requests denial of this appeal allowing the reconsideration of a
Conditional Use grant denied by the Planning Commission on September 6, 2005. Since the required
submittal time frame has elapsed and because the Planning Commission determinations regarding
Conditional Use grants cannot be appealed, the appeal should be denied.
Mr. Trzebiatowski further stated this appeal is not taking into consideration the storage of the logs or the
trucks parked on the property. Those issues are being handled through citations. Reasons for the denial
from Plan Commission and the Public Hearing were concerns by residents related to noise of sawing
equipment. Staff did meet with Mr. Birkley and staff will never ensure anything, only give the best
professional opinion and suggestions. Mr. Trzebiatowski stated he was not aware of the location of the
logs. Prior to moving to this site the business has not been approved and should not be and never have
been operating on this property. Staff will give options to appeal and give the petitioner a packet of
information explaining the process and deadlines.
Staff is recommending denial because the Zoning Code states certain decisions by the Plan Commission
cannot be appealed, Conditional Use Grant being one of those. The zoning for a business to be allowed
ZBA Minutes
1/26/2006
Page 3
on this property is not in place and a Building Site and Operation Plan was denied and the Conditional
Use Grant was denied.
Mr. Trzebiatowski referenced the map Mr. Birkley submitted. Linda's Place and Hunters Nest are both in
the OLR Zoning district which allows )akeshore recreation such as cottages and taverns. The apartment
building is nonconforming and was built prior to the zoning code. The storage business on the west side
of Durham is in the OOS overlay and can be used only for storage, businesses cannot be run out of the
storage units with the current zoning.
The Board discussed the timeline of submittals and determination by the Plan Commission. Mr. Birkley
bought the property in August of 2004. Prior to that, he had discussions with the Plan Department staff
about operating the business on this property. He stated he was under the understanding it was ok to
operate the business in 2004. One year later Mr. Birkley came before the Plan Department to obtain
proper approvals. July 19, 2005, Plan Commission approved the removal of the business zoning
including Mr. Birkley's property. July 26, 2005, Common Council also approved the removal of the
business zoning. Mr. Trzebiatowski noted the Public Hearing for the removal of the zoning was
scheduled and published within the requirements for meeting notices.
Mr. Schneiker questioned if Mr. Birkley received the paperwork for a Conditional Use Grant, Building Site
and Operation and Zoning Board of Appeals. Mr. Birkley stated he did receive the paperwork.
Mr. Schmidt questioned Mr. Birkley if between the time the property was purchased and the zoning
change in 2005 were you actively trying to get proper approvals. Mr. Birkley stated for the Building Site
and Operation approval he thought he needed building plans for the structure he was going to build on
the property. Mr. Birkley stated he was trying to get different quotes for an architect. Mr. Trzebiatowski
stated Mr. Birkley did not need the building plans for the structure to apply for Building Site and Operation
approval, which is stated in the paperwork.
Mr. Trzebiatowski noted the RS-210HS zoning was only located in a small triangle on the front corner of
the property and the use is oniy allowed with an approved Conditional Use Grant and Building Site and
Operation Plan. The zoning has been removed. Mr. Trzebiatowski stated if the zoning had never been
removed and Mr. Birkley went through the Public Hearing and received all approvals necessary, he could
have operated a business on this property if the Plan Commission thought it was an appropriate use for
the area and would have granted the Building Site and Operation and Conditional Use Grant approvals.
Mr. Birkley stated he has also started the process of working with the City to divide lots off of the property.
APPEAL_ #01-2006 Petitioner: Luis and Amy Ceballos, S73 W 14270 Woods Road/Tax Key No. 2201.090.
REQUESTING: Under the direction on Chapter 17 Zoning Ordinance: Section 3.08(1) Appeal Provisions,
Petitioner seeks the following variance: Chapter 17-Zoning Ordinance: Section 4.05 — Accessory
Structures (1)(A) Any accessory use or structure shall conform to the applicable regulations of the district
in which it is located except as specifically otherwise provided.
Chapter 17 — Section 4.05(2)(B)(2) states that accessory structures can consume up to 2% of a parcels
total area (2,637 square feet on this parcel). The appellant currently has a 2,188 square foot accessory
structure and is proposing to build an additional 1,160 square foot accessory structure. The appellant is
requesting to have two accessory structures totaling 3,348 square feet and is therefore requesting a 711
square foot variance from the Code requirement.
Vice Chairman Schneiker swore in Luis and Amy Ceballos, Bob Harvey of S73 W14275 Woods Rd, Ald.
Pat Patterson and Associate Planner Trzebiatowski.
Mrs. Ceballos explained there is no garage on the property. The house is the original farmhouse. There
is a barn on the property, but it is not possible to park cars in the barn because of the way it is built. The
ZBA Minutes
1I2612006
Page 4
only place they could attach a garage to the house would be in the rear and they would have to take
down three big trees. Mrs. Ceballos is requesting the additional accessory building to park the cars
inside. Mr. Ceballos stated he and his son are restoring an old car and would like to do this in the garage.
When they worked on it in the driveway the Police Department gave them a ticket for unlicensed vehicie.
They usually keep the car in the back in fenced in area. Mrs. Ceballos stated the garage will match the
house and have the same roofline as the house.
Mr. Schepp asked if they considered attaching the garage to the back of the house. Mrs. Ceballos stated
they would lose to many windows if they went off the back of the house. The location of the well would
also make it hard to put an addition off the back of the house. The driveway would be installed right over
the well. Mrs. Ceballo stated the location of the well is also a hardship on the property.
Mr. Harvey who lives across the street stated he supports the additional garage on the Ceballo's property.
Ald. Patterson stated he supports the zoning ordinance and also believes the citizens should be listened
too. Ald. Patterson spoke with the neighbors and none have concerns with the second accessory
structure on the property.
Mr. Trzebiatowski gave the City's opinion based on the Zoning Code. The petitioner already has an
accessory structure that is 2188 square feet. This means the petitioner can already construct an
additional 449 square foot accessory structure on their property without a variance. Most residents within
the City are not allowed near the total square footage that this property is allowed by right. Being a large
property, this lot is allowed a larger total square footage of accessory structures than other smaller
properties. Second accessory structures require approval from the Planning Department. This item did
receive approvals from the Planning Commission on December 12, 2005. Their approval was subject to
the demonstration of an appropriate hardship and approval by the Zoning Board of Appeals. When
calculating the allowed square footage of accessory structures, there are three ways to calculate the
maximum square footage allowed on a property. The Planning Department will look at each way of
calculation and use the highest square footage found. The three ways to determine allowed square
footage is as follows: 720 square feet, 60% of the house size or 2% of the total lot size. In this case of
the petitioner, the best calculation is when taking 2% of the total lot area. The Planning Commission also
stated that 4 the variance is granted, the garage could only be used to house personal vehicles and
restore old vehicles. There are other options for more storage space on this property. An additional
accessory structure totaling 449 square feet is allowed on this property that would not require a variance.
There is also the option of attaching a garage to the house. The petitioner has stated their hardship
would be removing trees and covering windows if the garage were attached to the rear of the house.
Staff is recommending denial of this appeal, allowing a second accessory structure that would bring the
total square foot of both structures to 3348 square feet, requiring a 711 square foot variance, citing that
the variances does not preserve the intent of the Zoning Ordinance because there are not exceptional
conditions applying to the parcel that do not apply to other properties. Also, a non -self imposed hardship
is not found for the appeal.
DELIBERATIONS:
APPEAL 08-2005 — Mr. Schmidt moved to defer until the regular meeting of April 2006. Mr. Ristow
seconded. Mr, Le Doux supports deferring the appeal in the chance Mr. Birkley could relocate his
business. Mr. Schneiker stated with or without deferral of this appeal the business should not be
operating on this property, as the zoning is not in place. Upon a roll call vote appeal 08-2005 is
deferred 5-0.
During deliberations Mr. Birkley returned with the letter written to Jeff Muenkel dated April 17, 2005. The
Board requested this be added to the appeal.
ZBA Minutes
1 /2612006
Page 5
The Board requested Plan Commission minutes. Council minutes and Public Hearing minutes related to
Mr. Birkley's appeal for the April Board of Appeals meeting.
APPEAL 01-2006 — Mr. Schmidt moved to approve the appeal as submitted. Seconded by Mr.
Schneiker. Mr. Horst stated the location of the well is a hardship to attach the garage to the house. Mr.
Schepp noted the lot is one of the bigger lots in this area and the neighbors and the Alderman of the
district have stated they support the additional accessory building. Upon a roll call vote appeal 01-2006
is approved 5-0.
APPROVAL OF THE MINUTES: Mr. Schmidt moved to approve the minutes of December 8, 2005.
Seconded by Mr. Le Doux. Motion carried 5-0.
MISCELLANEOUS: None.
ADJOURNMENT: With no further business to come before this Board, Mr. Schmidt moved to adjourn.
Mr. Le Doux seconded. Upon voice vote, meeting adjourned at 9:26 PM.
Re plc Ily Submitte ,
Kellie Renk,
Recording Secretary
CITY OF MUSKEGO
ZONING BOARD OF APPEALS AGENDA
January 26, 2006 7:00 PM
Muskego City Hall, Muskego Room, W182 S8200 Racine Avenue
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
STATEMENT OF P:jBLIC NOTICE
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 appeals described below. The Board of Appeals will then reconvene
into open session.
OLD BUSINESS
1. APPEAL #08-2005
Petitioner: Michael A. Birkley
Property: W144 S7931 Durham Drive 1 Tax Key No. 2213.984
REQUESTING: Under the direction of Chapter 17 Zoning Ordinance: Section 3.08(1) Appeal Provisions,
Petitioner seeks the following variance:
Chapter 17—Zoning Ordinance: Section 6.03 Conditional Uses
(1)A. Approval Required: Uses listed as permitted by conditional grant may be permitted in
the district in which listed upon petition for such grant to the Plan Commission and
subject to the approval of the Commission and to such other conditions as hereinafter
designated.
A conditional use grant was denied for the above -mentioned property on September 6, 2005 for the
operation of a Tree Service/Landscape business. The petitioner is seeking an Appeal regarding the
Plan Commission denial of the Conditional Use Grant. Detailed descriptions are available for public
inspection in the Planning Department. All interested parties will be given an opportunity to be heard.
NEW BUSINESS
1. APPEAL #01-2006
Petitioner: Luis and Amy Ceballos
Property: S73 W 14270 Woods Road / Tax Key No. 2201,090
REQUESTING: Under the direction of Chapter 17 Zoning Ordinance: Section 3.08(1) Appeal
Provisions, Petitioner seeks the following variance:
ZBA 1 /26/2006
Page 2
Chapter 17—Zoning Qrdinance: Section 4.05 - Accessory Uses and Structures
(1)(A) Any accessory use or structure shall conform to the applicable regulations
of the district in which it is located except as specifically otherwise
provided.
Chapter 17: Section 4.05(2)(B)(2) states that accessory structures can consume up to 2% of a parcels
total area (2,637 square feet on this parcel). The appellant currently has a 2,188 square foot accessory
structure and is proposing to build an additional 1,160 square foot accessory structure. The appellant is
requesting to have two accessory structures totaling 3,348 square feet and is therefore requesting a 711
square foot variance from the Code requirement.
CLOSED SESSION
OPEN SESSION
APPROVAL OF THE MINUTES FROM THE DECEMBER 8, 2005 MEETING.
MISCELLANEOUS BUSINESS
None,
ADJOURN
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.
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 Janice Moyer, City
Clerk/Treasurer at Muskego City Haft, (262) 679-5625.
City of Muskego
Staff Representative Brief
Zoning Board of Appeals Supplement 01-2006
For the meeting of. January 26, 2006
REQUESTING:
Under the direction of Chapter 17—Zonsng Ordinance: Section 4,05 - Accessory Uses and Structures
(1)(A) Any accessory use or structure shall conform to the applicable regulations of the
district in which it is located except as specifically otherwise provided.
APPELLANT: Luis and Amy Ceballos
LOCATION: S73 W14270 Woods Road 1 Tax Key No. 2201,090
CITY'S POSITION PRESENTED BY: Adam Trzebiatowski, City Staff Representative
BACKGROUND
The petitioner is proposing to construct a second accessory structure on their property. The proposed
structure would be used to house their everyday vehicles.
The parcel is zoned RS-2 and RS-3, Suburban Residence District. The lot is located off of Woods Road.
The petitioner seeks the following variance:
An exception to the maximum square footage of accessory structures on a single lot.
Chapter 17: Section 4.05(2)(B)(2) states that accessory structures can consume up to 2% of a parcels
total area (2,637 square feet on this parcel). The appellant currently has a 2,18E square foot accessory
structure and is proposing to build an additional 1,160 square foot accessory structure. The appellant is
requesting to have two accessory structures totaling 3,348 square feet and is therefore requesting a 711
square foot variance from the Code requirement.
DISCUSSION
The petitioner currently has a residence on their property with one outbuilding. The petitioner is requesting
to build an additional accessory structure on their property.
When calculating the allowed square footage of accessory structures, there are three ways to calculate
the maximum square footage allowed on a property. The Planning Department will look at each way of
calculation and use the highest square footage found. The three ways to determine allowed square
footage are as follows:
1. 720 square feet, or
2. 60 % of the house size, or
3. 2% of the total lot size
In the case of the petitioner, the nest calculation is when taking 2% of the total lot area. Their lot area is
131,894 square feet. All properties in the City of Muskego must follow the rules listed above.
One of the options that could be pursued, as to not require a variance, would be to have an attached
garage. The City does not limit the size of attached garages. The petitioner has stated that their hardship
Appeal # 0 1 -2006
ZBA 01-26-2006
Page 1 of 2
is that if they constructed an attached garage off the rear of their house, the existing large trees would be
in the way of their construction (see attached pictures). They stated they do not want to remove the trees.
In response to the petitioners concerns, there is the option to put the attached garage in a location that
would not interfere with the existing trees, such as on the west or east sides of the home. The attached
garage does not have to be placed off the rear of the house.
Since the petitioner is allowed to consume 2% of their total lot size with detached accessory structures,
their accessory structures are allowed to consume 2,637 square feet. The petitioner already has a
barn/accessory structure that is 2,188 square feet in area. This means that the petitioner can already
construct an additional 449 square foot accessory structure on their property without a variance. Most
residents within the City are not allowed near the total square footage that this property is already allowed
by right. Being a large property, this lot already is allowed a larger total square footage of accessory
structures than other smaller properties.
Lastly, second accessory structures require approval from the Planning Commission. This item did
receive approvals from the Planning Commission on December 12, 2005. Their approval was subject to
the demonstration of an appropriate hardship and approval by the Zoning Board of Appeals. The Planning
Commission also stated that if the variance is granted, that the garage can only be used to house
personal vehicles and restore old vehicles.
BASED UPON THE FOREGOING, THE CITY STAFF REPRESENITIVE RESPECTFULLY REQUESTS:
Denial of Appeal 01-2006, allowing a second accessory structure that would bring the total square
foot of both structures to 3,348 square feet, requiring a 711 square foot variance, citing that the
variances does not preserve the intent of the Zoning Ordinance because there are not exceptional
conditions applying to the parcel that do not apply to other properties. Also, a non -self imposed
hardship is not found for the appeal.
There are other options for more storage space on this property. An additional accessory
structure totaling 449 square feet is allowed on this property that would not require a variance.
There is also the option of attaching a garage to the house.
Appeal # 01-2006
ZBA 01-26-2006
Page 2 of 2
Appeal #01-2006
LEGEND
❑ Agenda Item(s)
Property
Right-of-way
-�- Hydrography
(_H ] (1i• Prepared 6y Ctty of Mu skego
U`jJ �f (', Planning Department
......._.»...._.....i 01 20 2006
Supplemental Map
Petitioner:
2201.090
Luis & Amy Ceballos
S73 W14270 Woods Road
Area of Interest
•1Y
01/19,2006
CITY OF MUSKEGO BOARD OF APPEALS
APPLICATION FOR DIMENSIONAL VARIANCE
Appellant's Name: LUIS & AMY CEBALLOS
Subject Property Address: S73 W1 4270 WOODS RD. , MUSKEGO, WI 53150
Telephone: Day: (2 6 2) 6 7 9- 91 5 0 Evening
Property Zoning: RESIDENTIAL RS-2/RS--3
Petitioner's relationship to property (circle applicable):
� Owner Lessee
Date inspector denied zoning permit:
Requesting variance to Code Section
To allow:
(262)679-9150
Tax Key: MSKC 2201 090
Other
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:
The variance, if granted, will not adversely affect public safety or jeopardize public
welfare because:
THE GARAGE WILL BE FAR ENOUGH AWAY FROM THE
EVEN CLOSE TO ANY NEIGHBORS
I`I 1YI I�
1
Fr JAN
I'
5:1CITYHALL"anning\FORMS\BOA-Dimensional Appeal Application.doc 4�
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- ---- s.�1'IING'
SUBMITTAL REQUIREMENTS FOR DIMENSIONAL VARIANCE REQUESTS
At the direction of the Zoning Board of Appeals, the following information is required to
be submitted with the application (10 copies of each):
• For any variance pertaining to a parcel of land, a Plat of Survey, prepared by a
Registered Land Surveyor, must be submitted. The Plat of Survey must be
dated, with no time requirements, and include the original seal of 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, lakes and/or rivers, etc_
3. Location and size (with dimensions and area) of any existing buildings or
structures.
4. Ordinary High-water Mark, 100-year Flood Elevation, 2-foot about the 100-
year Flood Elevation, Easements, etc.
5. Location and size of culverts, ditches, trees, wells, septic system, retaining
walls, driveways, sidewalks, patios, or any other items pertinent to the
variance requested —including area calculations.
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.
• The scaled construction drawings of the appurtenance, addition, or structure for
which the variance is being requested.
• Fee in the amount of $200.00 Account # 100.01.18.03.4327
SIGNATURE OF APPELLANT DATE
• ko
SIGNATURE OF OWNER (if different) DATE
PLEASE BE INFORMED THAT ANY LEGAL, ENGINEERING AND ADMINISTRATIVE
FEES INCURRED BY THE CITY, IN THE PROCESS OF REVIEWING A PROPOSAL OR
APPLICATION, BUT NOT INCLUDED IN THIS FEE SCHEDULE, WILL BE CHARGED
BACK TO THE PETITIONER / APPLICANT I OWNER / DEVELOPER FOR -00.
RECOVERY, (Ch. 3.085/Ord. 9909)
S:ICITYHALLXPlanning\FORMS%BOA-Dimensional Appeal Applicalion.doc
Last printed 6/24/2004 8:47 AM
iFE:EGQ PL,,%NNING
TO WHOM IT MAY CONCERN,
OUR REASON FOR WANTING TO BUILD A SEPERATE GARAGE IS TO HOUSE OUR
EVERYDAY VEHICLES. WE ARE ANTIQUE COLLECTORS & OUR BARN IS USED
FOR STORAGE FOR THE ANTIQUES & ALSO HOUSES 3 ANTIQUE CARS. ALSO
STORED IN THE BARN IS THE BASICS -LAWN MOWERS, SNOWBLOWER, GARDEN
SUPPLIES, ETC.
A GARAGE WOULD ALLOW US TO PART{ OUR REGULAR VEHICLES INDOORS TO
KEEP THEM PROTECTED FROM WEATHER, POSSIBLY THEFT & OUT OF SIGHT
FOR OUR NEIGHBORS.
WE CHOSE THIS PARTICULAR LOCATION ON OUR PROPERTY BECAUSE IT
MAKES THE MOST SENSE. IT WILL PROVIDE A BALANCE BETWEEN THE HOUSE
& THE BARN.
OUR ONLY OTHER OPTION FOR A LOCATION WOULD BE TO BUILD IT BEHIND
THE HOUSE WITH AN ATTACHED BREEZEWAY. WE'RE CHOOSING NOT TO
BUILD IT THERE BECAUSE IN ORDER TO DO SO -WE WOULD LOSE OUR PINE
TREES. I THINK MOTHER NATURE WOULD FROWN DOWN UPON US IF WE TOOK
OUT TREES OF HERS THAT ARE AT LEAST 60-70 YEARS OLD.
WE TAKE PRIDE IN THE APPEARANCE OF OUR NEIGHBORHOOD & FEEL THIS
WILL ONLY ENHANCE IT.
THANK YOU,
LUIS & AMY CEBALLOS
51: . t_ ..
BECAUSE OF EXCEEDING OUR SQUARE FOOTAGE FOR OUTBUILDINGS,
WE ARE PETITIONING FOR A VARIANCE TO BUILD A 3 CAR GARAGE.
IE YOU DO NOT OPPOSE OUR PLAN, PLEASE SIGN OUR PETITION SO
WE CAN PRESENT IT TO THE CITY ALONG WITH OUR BUILDING PLANS.
THANK YOU,
LUIS & AMY CEBALLOS
S73 W14270 WOODS RD.
MUSKEGO, WI 53150
NAME: ADDRESS:
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