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ZBA-Minutes 02-1990CITY OF MUSKEGO BOARD OF APPEALS MINUTES OF BOARD OF APPEALS MEETING HELD ON MARCH 22, 1990 Chairman Gerald Fohr called the meeting to order at 7:30 P.M. PRESENT; - Chairman Gerald Fohr, Vice Chairman Terry O'Neil, Lloyd Erno, Donald Pionek, Bonnie Posbrig and Director Gerald Lee ABSENT: Thomas Berken and Daryl Rowinski MINUTES: Mr. Pionek made a motion to adopt the Minutes of the December 7, 1989 meeting and Mr. Erno seconded. There was a concern expressed by Mr. Pionek that his name appear in the minutes as being present at this meeting. The recording secretary found that the minutes in the Minute Book had been updated previously with Mr. Pionek's name as "Present". Therefore, there was no need for "Amended" minutes. Upon a voice vote the motion passed unanimously. Mrs. Posbrig made a motion to adopt the Minutes of the February 15, 1990 meeting and Mr. O'Neil seconded. Upon a voice vote the motion to adopt passed unanimously. APPEAL 2-90 RANDALL & WENDY GEBAUER - Chairman Fohr read the appeal —for Randall & Wendy Gebauer requesting 7 ft. offset variance to build detached garage; 5 ft. offset variance to building a residential structure in R-2 zoning district on S81 W13097 Hi -View Drive. Mrs. Wendy Gebauer stated that the request would be for a 2' offset variance for the garage and a 5' offset variance for the residential structure. Mr. Lee agreed and the published variance requested was changed to read as such. Mrs. Gebauer said that they bought the lot with the intention to build a detached garage. They have to take into consideration the mound system on the lot, as the state requires the house to be at least 30' away. They don't want to cut down a lot of trees. They have spoken to their neighbors and no one is opposed. She is asking the Board of Appeals to consider this appeal to maintain the atmosphere that exists there now. Their house will be in the old farmhouse theme. Mr. Lee commented that they can't build a 24' x 40' frame garage unless constructed with a firewall partition. Mrs. Gebauer responded that she didn't know this and wishes to have a workshop area 9' x 24' with a workbench separated with a one -hour firewall. There being no further questions by the Board members, the public hearing ended at 7:50 P.M. Chairman Fohr told Mrs. Gebauer that she could call the Building Inspection office in the morning or wait for the decision to be mailed to her in five days. Pg. 2, Bd. of Appeals -March 22, 1990 APPEAL 3-90 DELTA GROUP - Chairman Fohr read the appeal requesting a variance from the requirement to sprinkler an approximate 28,000 square foot building from Chapter 32 of the Municipal Code (Fire Prevention Code) that requires sprinklers on buildings exceeding 6,000 square feet for the I-1 zoning district by Delta Group on Mercury Drive-Muskego Industrial Park. He asked the petitioner to present his case. The Delta Group was represented by Samy Mankarious, Pres., Tom Murphy, V-P and Fred Carlson of DBI, the designers. Mr. Mankarious stated that the company takes in scrap for a secondary aluminum smelter business. The building will be approximately 28,000 square feet in size with concrete walls and a steel roof system. There will be a 25' x 60' office building with masonry walls and have a firewall separation. Their hardship is that any water hitting the furance could cause an explosion. Plus, the building will be unheated. Mr. Lee responded that the state goes strictly on size -- so there would be a correction in his request. Mr. O'Neil asked the men if they will make ingots molds for shipping? Mr. Murphy responded that yes they would. The ingots could weigh 1,200 pounds, be 36 x 36 x 18 deep and moved with a front end loader. There are no combustibles -- it is a packaged product. The office building has a 4-hour firewall--there will be a small lunch room. The "bag house" was explained to the members. Mr. Murphy stated that aluminum has aluminum oxide (dust) which collects in the bags. It is not combustible. Chairman Fohr noted that the Plan Commission's Minutes concerning this operation had been passed out to the Board members. They had passed a resolution approving the building, site & operation plan on March 6, 1990. Mr. Lee responded that Fire Chief Pickart had been given a plan to review. Mr. Pionek asked where the fire hydrants are located? Mr. Murphy responded that they are on three sides of the building. He again cautioned the use of water on aluminum. A question arose as to whether they accept heavily contaminated material? They said no. Mr. Erno asked if there would be smoke? Mr. Murphy said virtually none and H.U.D. has granted approval of this business. It was found to be environmentally sound. Mr. Mankarious stated that they hope to move their headquarters to this site in Muskego from Oak Creek. Mr. Fohr requested that the Fire Department and any other interested parties be invited to the operation for an "Open House", as it would be very beneficial to the firefighters. Mr. Murphy said that would be fine. Mr. Lee explained that the Fire Department would go through on a final inspection to look for exit lighting, fire extinguishers, etc. There being no further questions the discussion ended. Chairman Fohr informed the petitioner that he could call the Building Inspection office in the morning or wait for the decision to be mailed to them in five days. Pa. 3, Bd. of Appeals -March 22, 1990 APPEAL 4-90 KENNETH BROWN - Chairman Fohr read the appeal requesting a setback variance to build a detached garage on the south side of the home in R-2 zoning district. Chairman Fohr requested the petitioner state his case. Mr. Brown stated that he can't build in certain places on his lot because the well is in the front and septic system would present a wroblem. There was an existing house to consider while he was ilding his house, so this is the most feasible spot for his garage. Mr. Lee commented that the existing house has been removed. Mr. Brown stated that he wishes to have his garage accessible from either Ryan or N. Cape Road. Mr. Fohr asked Mr. Lee if Ryan Road will be widened? Mr. Lee responded no -- not at this time as it deadends. It might have sewer service in years to come. There being no further questions, the discussion ended. Chairman Fohr informed the petitioner that he could call the Building Inspection office in morning or wait for the decision to be mailed to him in five days. APPEAL 5-90 TIMOTHY TISCHER - Chairman Fohr read the appeal requesting a offset variance on the east and a 3 1/4' offset variance on the west to construct a home with an attached garage in the RS-2/OPD zoning district. He requested the petitioner to present his case. Mr. Tischer explained to the Board that he had contacted the Building Inspection Department concerning his proposed house plans and didn't get the information about the offset variances at that time, so he went ahead with his bid process, etc. His culvert has been installed already and centered for his garage. Mrs. Tischer passed out letter from their neighbors indicating no oppostion to these variances being granted. The recording secretary kept the letters for the file. Mr. Tischer explained that he is a builder and needs a garage the size requested to store his two cars, boat and some lumber used for construction. He wouldn't need a shed and wants to keep materials organized -- not stored outside. Mr. Pionek asked if the land to the east is vacant? He said yes. There being no further questions, the discussion ended. Chairman Fohr informed the petitioner that he could call the Building Inspection Office in the morning or wait for the decision to be mailed to him in five days. Pg. 4, Bd. of Appeals-3/22/90 APPEAL 6-90 RICH RABOINE - Chairman Fohr read the apppeal requesting a setback variance to construct a home in RS-3/OED zoning district. Chairman Fohr requested the petitioner present his case. Mr. Raboine stated that this is a low line area and lots to the north drain into his yard. Mr. Lee questioned the easement on Bay Lane Place -- Bay Lane Place is a dedicated street. Mr. Raboine stated that the nearest house would be 80' from his. With the variance he will still be 20' off the easement. The elevation raises near the roadway and drops off 20' to the low area in the back. Mr. Lee asked him if he intends to fill the creek? He responded that he is now. Mr. Lee told him he would need a culvert when he fills in the rest. Mr. Raboine said he wishes to construct a 30' x 40' exposed ranch with a finished basement and wants to keep the water out. There being no further questions, Chairman Fohr informed the petitioner that he can call the Building Inspection office in the morning or wait for the decision to be mailed in five days. APPEAL 7-90 TERRANCE CHMIEL & JULIE ZIRZOW - Chairman Fohr read the appeal requesting an 8' offset variance to tanstruct a home in RS-1 zoning district. He requested the petitioner present his case. Mr. John Atkinson of Wolter Brothers Builders, Inc. Agent for Mr. Chmiel and Ms. Zirzow stated that the area was rezoned after the lot was established and now they can't angle the house on the lot. Chairman Fohr asked Mr. Lee when water is coming to the area? Mr. Lee responded that he doesn't know -- there are no plans at this time. Mr. Atkinson was asked why they don't come off Hedgewood? Mr. Atkinson responded that the land would be lower than Lannon -- 4' drop from one end of the lot to another. There being no further questions, Chairman Fohr informed the petitioner that he can call the Building Inspection office in the morning or wait for the decision to be mailed in five days. APPEAL 8-90 DALE ANDERSON - Chairman Fohr read the appeal requesting a 7 offset variance from the north side to construct an addition to a non -conforming structure in agricultural zoning. Mr. Anderson stated this is a non- conforming lot and he is adding to a non -conforming structure -- increasing the size. (breezeway and garage) The size of the garage is necessary to store the size of vehicles owned. They will have the same pitch roof on the breezeway and the garage. Mr. Lee explained the agricultural zoning. There being no further questions, Chairman Fohr informed the petitioner that he can call the Building Inspection office in the morning or wait for the decision to be mailed in five days. REPORT ON LARRY FISCHER - Mr. Lee said a letter was sent to Mr. Fischer regarding the removal of the duplex on W172 S7523 Center Drive. Mr. Fischer has not responded and may be out of town. The department will continue to try to contact him. Pg. 5, Bd. of Appeals-3/22/90 At 8;55 A.M. the Board of Appeals members took a break. The Board remained in Open Session. APPEAL 2-90 GEBAUER - The Board discussed the Gebauer's request. The trees and mound system would have to be taken into consideration when building. Chairman Fohr made a motion to grant the 2' offset variance for the garage and 5' offset variance for residential structure. The hardship being the position of the house on the lot for the mound system. Mr. Pionek seconded. Upon a roll call vote the motion passed unanimously. APPEAL 3-90, DELTA GROUP - The Board briefly discussed the water sprinklers and state code and the fact that the office is under 6,000 square feet in size. Mr. O'Neil made a motion to grant the variance as submitted which reads "...a variance from the requirement to sprinkler an approximate 28,000 square foot building from Chapter 32 of the Municipal Code (Fire Prevention Code) that requires sprinklers on buildings exceeding 6,000 square feet." The hardship being that the business is smelting aluminim and a sprinkler system would be a hazardous factor -- possible potential for explosion. Mr. Erno seconded. Upon a roll call vote the motion passed unanimously. APPEAL 4-90, BROWN - Mrs. Posbrig made a motion to grant the variance as requested to allow a 35' setback variance to build a detached garage on the south side of the home. The hardship being the elevation of the land. Mr. Erno seconded. Upon a roll call vote the motion passed unanimously. APPEAL 5-90, TISCHER - Mr. Pionek made a motion to grant the variance as requested to allow a 3' offset variance (east side) and 3 1/4' offset variance (west side) to construct a home with attached garage. The hardship being the size of the home being built on this lot. Chairman Fohr seconded. Upon a roll call vote the motion passed unanimously. APPEAL 6-90 RABOINE - Mr. Erno made a motion to grant the variance to allow a 25 setback to construct a home. The hardship being the topography. Mr. O'Neil seconded. Upon a roll call vote the motion passed unanimously. APPEAL 7-90. CHMIEL/ZIRZOW,WOLTER BROS. BLDRS, INC. - The Board discussed the position of this home and the roadway used for the driveway. Mr. Pionek made a motion to grant the variance to allow an 8' offset variance to construct a residence. The hardship being the configuration of the lot. Mrs. Posbrig seconded. Upon a roll call vote the motion passed unanimously. Pg. 6, Rd. of Appeals-3/22/90 APPEAL 8-90, ANDERSON - Chairman Fohr made a motion to grant the variance to allow a 7' offset variance from the north side to construct an addition to a non -conforming structure. The hardship being the location of the existing structure. Mr. O'Neil seconded. Upon a roll call vote the motion passed unanimously. ADJOURNMENT: The meeting ended at 9:45 P.M. Chairman Fohr made a motion to adjourn and Mr. Pionek seconded. Upon a voice vote the motion to adjourn passed unanimously. Respectfully Submitted a - Chervl Schmidt Recording Secretary /cs CITY OF MUSKEGO BOARD OF APPEALS DATE February 5, 1990 NAME Randal I S. and Wendy L . Gebauer ADDRESS 1 005 North 124th St reet , Apt . 3 TELEPHONE (home) 784-6970 m Grove, WI 53122 Wendy's work) 'effective 2/16/90 - 1425 South 85th Street, West Allis, WI 53214 (home) 453-7551 276-1122 PROPERTY LOCATION ON WHICH VARIANCE IS REQUESTED lj 8l Gt1 / 30917 ADDRESS 13349Hi-View Drive, Nbskego, WI 53150 SUBDIVISION Hi -View Acres TYPE OF ZONING R-2 LOT 14 BLOCK Z VARIANCE REQUESTED: Change in side yard I i nes. �� r SE T� ✓A �IAn/G� A,. 71 A e-- REASON FOR VARIANCE REQUEST: See Attached $35.00 -' FEE TO BE PAID AT TIME OF APPLICATION: MATE PAID DECISION OF THE BOARD OF APPEALS CHAIRMAN ``4AAA., /7 RECEIPT NO. VICE-CHAI "1A MEMBER i MEMBER MEMBER FIRST ALTERNATE SECOND ALTERNATE pprgved i Refuse Secretary Date I CASE 2-90 To The Board of Appeals: We are requesting a variance from the minimum side yard requirements of 25' to 18' on the west boundry line of the garage and 15' on the east boundry line of the residence. Our primary reason for buying this lot was due to the forest setting. The lot did not offer us any conveniences, i.e. sewer, water or gas. It will be necessary for us to install a mound system, drill a well and use propane or oil for heating purposes. Because the mound must be installed at the site shown on the attached survey and cannot be altered due to certain slope requirements to be compiled with by the Department of Industry, Labor and Human Relations, it does not give us any flexibility in maneuvering the placement of the home. The house must be a minimum of 25' from the mound and the Waukesha County Department of Health urged a minimum of 30' for a margin of error. We carved a pathway for the driveway, using the large trees as a border to form an archway. We set the garage running parallel to the driveway so the garage could not be seen by the road. It also allows us to back our vehicles out of the garage and head down the driveway facing forward. We also will not be blocking the view of the pine forest to the back of the property. All these things could not be effectuated by placing the garage parallel to the back property line. If the garage were to be placed at the 25' west setback, it would not allow us enough room to back out of the garage without colliding with a cluster of trees. Do we not want to cut the trees down because they act as a buffer zone between the driveway and the mound system. We have been informed by mound system experts that trees at the perimeter of a mound are an advantage because they absorb the water runoff from the mound. By placing the garage 18' from the property line, this will facilitate our being able to retain the trees. We are painstakingly clearing the lot ourselves in order to strategically remove the trees, instead of a bulldozer clearing the land. Many of the neighbors have filtered over to introduce themselves while we have cleared the lot. All of the neighbors were happy for our new home construction undertaking, however, many were saddened to see the land cleared. We assured them that we would try our best to maintain the park -like atmosphere everyone has enjoyed all these years. With regards to the house, if we were to shift the house to the east 101, we would be able to save the trees that form the archway up the driveway. As it stands, when the basement is dug, the root system will be destroyed and the trees would die. The Kindler residence to the west is not affected because their home adjoins Acker Drive and the Raymond home to the east has their garage facing the property line in question. Thus, neither neighbor is visually being impaired. We spoke with Jim Kindler about the change in the garage set back and he had no objection. We will honor the back set back of 25' and the front set back of 80' from the road centerline. 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