ZBA-Minutes02-1991March 1, 1991
Mr. and Mrs. Joseph Jung
W150 S6559 Spring Lane
Muskego, WI 53150
Dear Mr. and Mrs. Jung:
The Board of Appeals wishes to advise you that your request for a
24' size variance and a 3' height variance to allow an existing
residential storage structure (Appeal 2-91) has been amended to
allow the 3' height variance but deny the 24' size variance -
When the additional two feet are removed from the structure
it will then conform to the zoning ordinance which allows for
only one second garage structure (larger than 120 square feet)
on a property. You already have a structure of this nature on
your property. The Board wanted you to be aware that you could
petition the Common Council to have this ordinance amended.
A building permit must also be obtained for this structure
and can be obtained during the hours of 8.00 A.M to 1:00 P.M
and from 3:00 P.M. to 4:30 P.M. at the Department of Planning
and Development.
Thank you.
Sincerely,
BOARD OF APPEALS
Jill Blenski
Recording Secretary
j mb
CITY OF MUSKEGO
BOARD OF APPEALS
MINUTES OF BOARD OF APPEALS MEETING HELD ON FEBRUARY 28, 1991.
Vice -Chairman Terry O'Neil called the meeting to order at
7:30 P.M.
PRESENT: - Vice -Chairman Terry O'Neil, Thomas Berken, Bonnie
Posbrig, Lloyd Erno, Donald Pionek, Daryl Rowinski and Director
Gerald P. Lee.
ABSENT: - Chairman Gerald Fohr.
MINUTES:
Mr. Erno made a motion to approve the minutes of the January 24,
1991 meeting and Mr. Rowinski seconded. Upon a voice vote, the
motion to approve the minutes passed unanimously.
APPEAL 2-91 - JOSEPH J. JUNG - Vice -Chairman O'Neil
read the appeal for Mr. Jung requesting a 24' size variance and a
3' height variance to allow an existing residential storage
structure on the property at W150 S6559 Spring Lane, Muskego,
Wisconsin. Zoning: RS-1. Mr. Jung appeared before the Board
stating he received a letter from the Dept. of Planning and
Development which indicated he needed a building permit for a
storage shed on his property. Director Lee responded that the
shed was constructed without a permit and that it is 12' x 12' in
size. Mr. Lee stated that 120 square feet is the maximum size
allowed. A structure larger needs Planning Commission
approval. Mr. Jung's shed also exceeds the height regulations by
3'. Mr. Jung stated that the shed is on concrete blocks with a
wood floor. Vice -Chairman O'Neil told Mr. Jung that he must
state his Pardship to the Board of Appeals. Mr. Jung's response
was he needed the shed for storage. One of Mr. Jung's next door
neighbors appeared stating he did not object to the structure.
Mr. Jung presented the Board with a signed petition from his
other surrounding neighbors indicating they were not opposed to
this structure on his property. Mrs. Posbrig questioned Mr. Jung
regarding the other building on the property and its use. Mr.
Jung responded it was used as a workshop for woodworking he
does. He also stated this structure existed when he purchased
the property.
APPEAL 3-91 - C. V. ZILLIG - Vice -Chairman O'Neil read
the appeal for Mr. Zillig, representing his tenant, K K Federal
Bank, requesting a second freestanding sign at W137 S6360
Janesville Road, Muskego, Wisconsin. Zoning: B-2. Director
Lee was called upon to inform the Board about the site of the
second freestanding sign being requested. He stated that it
would be placed at the Lincoln Point Shopping center and that K K
Federal Bank would occupy the west end of the mall with a canopy
for drive through banking to be constructed. Mr. Lee stated that
the ordinance does not permit more than one freestanding sign.
PAGE 2, MINUTES - BOARD OF APPEALS 2/28/91
Mr. Zillig appeared before the Board on behalf of K K
Federal Bank to request the variance for a second freestanding
sign on this site. Mr. Zillig stated that most of the financial
institutions in Muskego have their own signs and he feels that
his tenant should have the same right as well. Mr. Zillig also
stated that originally three separate parcels of land were
combined to form the one the shopping center occupies now. He
believes that it really is not fair that the amount of frontage
that exists does not matter. The ordinance only permits one
sign. Mr. Zillig stated that in the original Building Site and
Operation Plan an outbuilding was approved. He could have
divided off a piece of the land where the outbuilding was shown
and created a separate lot which would have given him the right
to have another sign. In retrospect, he wishes he would have
done this. Mr. Zillig told the Board that he withdrew from the
Planning Commission agenda to obtain the variance.
Mr. Erno asked Mr. Zillig if K K Bank might consider
moving the sign back on the property because there is no driveway
where the sign will be placed. Mr. Zillig said yes it could be
moved further west. Several Board members expressed concern
regarding the fact that this sign would cause people to look for
an entrance to the shopping center that was not there. Mr.
Rowinski asked Mr. Lee if an additional driveway could be put
in. Director Lee stated no as this is a county road with a
controlled access. Vice -Chairman O'Neil felt that an additional
driveway would cause more traffic problems. Mr. Pionek asked if
K K would have a sign on the building itself? Mr. Zillig
responded yes, there will be a sign on the facade of the building
facing to the east. Vice -Chairman O'Neil questioned Mr. Zillig
about the projected length of tenancy for K K Bank. Mr. Zillig
stated that K K is spending about $200,000 on the site. They
will have a five-year lease, with three five-year options. The
Board expressed concern about what would happen to the sign if
the tenant moved. Director Lee expressed the opinion that
placing the sign on the existing pylon would eliminate many of
the problems and concerns being expressed. Mr. Zillig responded
that if too many names are placed on it, you cannot read any of
them. Director Lee said too many signs can create the same
problem. Mr. Pionek expressed concern that another tenant in the
shopping center will request their own sign in the future. Mr.
Rowinski questioned why Mr. Zillig was representing K K Bank and
the bank was not there itself to request the variance. Mr.
Zillig stated that K K has signed a lease to rent the space and
offered to have a representative at the meeting. He felt he
should request the variance for them.
Several Board members brought up the "message center"
part of the sign and asked Mr. Zillig if K K would consider
dropping this part of the sign. It was noted that members of the
Planning Commission stated in their meeting that there was
concern regarding the message center being distracting and the
*A" I; AIRMS a 8OAl2O OF APPEALS 2/28/91
potential traffic problems it could cause. Mr. Zillig stated
that while the bank would like the message center, it is the sign
itself that they are requesting and K K would consider dropping
that part of the sign.
Alderman Patterson appeared before the Board to speak on
behalf of several of his constituents. He stated he received
calls regarding the sign causing traffic problems in an area that
is dangerous due to the road narrowing from two to four lanes.
He believes the people in his district do not want a second
sign. Alderman Patterson also stated that a sign for K K Federal
Bank added on the existing pylon should be sufficient.
He feels that there are only two names on the pylon now and a
third name would not be that difficult to read. Alderman
Patterson does not feel that moving the sign would eliminate the
safety problems expressed by his constituents. He also stated
that he does not know of any financial institution that is part
of a mall that has its own sign.
Vice -Chairman O'Neil questioned Director Lee regarding
the widening of the road where is now narrows. Mr. Lee and
Alderman Patterson both stated that they do not believe this will
happen for a long time.
Vice -Chairman O'Neil read a letter sent to the Board
from Lincoln State Bank regarding the use of their message center
sign to announce community activities. Lincoln State Bank
advised the Board that if K K Federal were to obtain approval for
a sign with a message center, they would have to reduce the time
devoted to advertise community activities as they would be forced
to compete with K K.
The size of the sign was then discussed. Mr. Erno
stated that if granted the variance, the sign should be smaller.
Mr. Zillig stated the sign would be 10' long by 5' high. It was
noted that this was the size of the two existing signs now on the
pylon.
The Board remained in Open Session.
APPEAL 2-91 - JOSEPH J. JUNG - Several of the Board
members felt that Mr. Jung did not have a hardship. While they
believe he did not willfully intend to do anything wrong, they
stated he should have checked with the city for information
regarding the need for a building permit for the structure he put
on his property. Director Lee stated that Mr. Jung already has a
second garage structure on his property and the structure in
question should be made to conform to the zoning ordinance. Mr.
Rowinski made a motion to deny the appeal since Mr. Jung did not
present a hardship to the Board. After discussion regarding the
height variance, Mr. Rowinski amended the motion to allow the
height variance but have the appellant reduce the size of the
WE C, MINUTES — BOARD OF APPEALS 2/28/91
structure to 120 square feet so that it would conform to the
zoning ordinance. The motion was seconded by Mr. Pionek. Upon a
roll call vote the motion to grant the amended appeal allowing
the 3' height variance but denying the 24' size variance was
passed by a vote of 5 to I. Mr. Erno being the member who did
not vote for the amended appeal. Vice -Chairman O'Neil wanted the
appellant, Mr. Jung, when notified of the Board's decision, to be
made aware that he did have the option to petition the Common
Council to have the ordinance, which allows for only one second
garage structure on a property, amended.
APPEAL 3-91 - C. V. ZILLIG - Following discussion of all
the information presented Mr. Berken made a motion to deny the
appeal and Mr. Rowinski seconded. Upon a roll call vote, the
motion to deny the variance passed unanimously.
MISCELLANEOUS BUSINESS:
It was necessary to elect a Vice -Chairman. Mr. Erno made a
motion to retain Terry O'Neil and Mrs. Posbrig seconded Upon a
roll call vote, the motion to elect Terry O'Neil as Vice Chairman
passed unanimously.
ADJOURNMENT:
Mrs. Posbrig made a motion to adjourn the meeting at 9:20 P.M.
and Mr. Rowinski seconded. Upon a voice vote, the motion to
adjourn passed unanimously.
Respectfully submitted,
Jill Blenski
Recording Secretary
/jmb
corrected 2/18/91
CITY OF MUSKEGO
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN pursuant to Wisconsin State Statute 62 23
(3) 6. that a public hearing will be held at the Muskego City
Hall. W182 S8200 Racine Avenue at 7 30 P.M Thursday February
23, 1991 to consider the following appeals•
Appeal-2-91 JOSEPH J. JUNG
W150 S6559 Spring Lane
Muskego. WI 53150
Requesting a 24' size variance and 3' height
variance to allow an existing residential
storage structure.
ZONING- RS-1
Appeal-3-91 C.V ZILLIG
W137 S6360 Janesville Road
Muskego WI 53150
Requesting a second freestanding sign
ZONING B-2
NOTICE OF CLOSED SESSION -
PLEASE TAKE NOTICE that the Board of Appeals of the City of
Muskego will convene upon passage of the proper motion into
closed session pursuant to Section 19 35 (1) (a) of the State
Statutes for the purpose of deliberating concerning cases which
were the subject of a quasi-judicial hearingsaid 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
Gerald Fohr Chairman
Dated this 15th day of
February, 1991
I El7' rN .
CITY OF MUSKEGO
BOARD OF APPEALS
DATE /
NAME 3- .Tv.vG-
ADDRESS /J-O SG % •5/0A>NG TELEPHONE
PROPERTY LOCATION ON WHICH VARIANCE IS REQUESTED
ADDRESS Cv/,y 0 56TT' SPA IN G A IAI E—
SUBDIVISION_LOT BLOCK_
TYPE OF ZONING
VARIANCE REQUESTED:
V FT 5 r - = V1��'%
REASON FOR VARIANCE REQUEST:
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$35.00 FEE TO BE PAID AT TIME OF APPLICATION:
DATE PAID /-Z _ - i'/ RECEIPT NO.
DECISION OF THE BOARD OF APPEALS
�pprovedj Refuses
CHAIRMAN
VICE-CHAIRMAN-,
MEMBER
MEMBER
MEMBER . i�� /// �c")z e -
FIRST ALTERNATE
,
SECOND ALTERNATE f541<- t `''LK?
Secretary
i
ate
City of Muskego
Building Inspection Department
W182S8200 Racine Avenue
Muskego, WI
February 21, 1991
To whom it may concern:
We the undersigned, being neighbors of Mr. and Mrs. Joseph J.
Jung, W150S6559 Spring Lane, Muskego, WI, wish to affirm the
following to the Muskego Building Inspection Department:
1. The utility barn that has been placed in the Jung's yard does
not detract from the appearance of their yard or from the
appearance of the neighborhood in general.
2. We do not wish to have the Muskego Building Inspection
Department force the Jung's to remove this building.
Thank you
Signed with Muske�g�o) address
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