Zoning Board of Appeals 02-1993(�ily t)/ Y111def, 0
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February 1, 1993
Praise Fellowship Church
W195 S9912 Racine Ave.
Muskego, WI 53150
Dear Sir:
BUILDING INSPECTION DEPARTMENT
W182 S8200 RAC INE AVENUE -BOX 903 • MU5KEGO, WI 53150-0903 • (414) 679 41 10
The Board of Appeals wishes to advise you that
37 sq. ft. size variance from requirements of
allow construction of a new sign with a large
been approved as submitted.
A sign permit is required.
Sincerely,
BOARD OF APPEALS
Kathy F(lbrecht
Recording Secretary
your request for a
17:9.02(7)B.2.C. to
decorative base has
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CITY OF MUSKEGO
BOARD OF APPEALS
MINUTES OF BOARD OF APPEALS MEETING HELD ON JANUARY 28, 1993
Chairman Gerald Fohr called the meting to order at 7:30.
PRESENT: Chairman Gerald Fohr, Vice Chairman Terry O'Neil,
Mr. Donald Pionek, Mr. Robert Vitt, Mr. Lloyd Erno and
Mr. Chuck Dykstra, Sr.
ABSENT: Mr. Thomas Berken, Mr. Darryl Rowinski
MINUTES: Before the minutes of the December 3, 1992 meeting were
approved, there was discussion about Appeal #53-92. Vice Chairman
O'Neil suggested a correction be made to read: that they cannot
encroach on the property lot line. The Fire Department would have
to work this out with the adjoining property owner. The Board did
not want to set a precedent on encroachment. Chairman Fohr
suggested to table last month's minutes approval to later in the
meeting.
APPEAL #1-93 - Ed Duklas, S74 W13450 Courtland Lane, Muskego,
Wisconsin, 53150, appeared requesting elimination of additional
conditions imposed on fill permit of 11-2-92 that were not on
permit of 7-20-92. Mr. Duklas felt the City was denying him his
civil rights to the use of his land. He purchased this land in
1988 and worked with Mr. Gerald Lee, former Building Inspector, to
see whether he could build. In order for him to build, he would
have to fill at least 2 feet above level. The neighbors fought
the land division. Mr. Lee issued a fill permit with no
restrictions/conditions. No record of this permit was found in
the address file nor did Mr. Duklas have a copy of this permit -
only a receipt for the permit. A new fill permit was issued by
Mr. Chuck Dykstra, Sr., new Building Inspector. In August of
1991, a letter was written to stop filling; he was to stop
immediately. Mr. Duklas' lawyer said they couldn't make him stop
and advised him to continue filling. His grader left after a city
employee came to the land. A "No Trucking" sign was put up on his
road. Late September he got a permit from D.N.R. to fill. Mr.
Duklas stated he lost 2 or 3 months time to fill and the
opportunity to obtain fill. Mr. Duklas is appealing to get as
many of the restrictions on his permit removed as possible and
would like to see the permit expiration'date extended. Mr.
Dykstra felt he had re -issued a permit that may not have existed.
City maps at the time this land was purchased did not show this
land as being classified wetlands. Because this land hadn't been
tilled for a number of years, it went back to being wetland.
Before the expiration date of July, 1992, Mr. Duklas pushed more
fill into the area. He wanted a fill plan to extend a little
further. The conditions needed to be amended because of concerns
from the neighbors. The haul trucks were becoming a problem in
the area. At a number of times, Mr. Dykstra could have revoked
the permit because Mr. Duklas didn't abide by the conditions set
forth on the permit. In October, Mr. Larry Kizch, Plan Commission
Page 3
January 28, 1993
Dykstra and Kate Fitzgerald inspected the site and it was
determined to be wetlands. On July 21, Plan Commission approved
Resolution PC #165-92 to rezone the wetlands. Mr. Duklas would
like to do land divisions - 1 to 2 acre lots. They may all be 2
acre lots. His land is zoned RS2-Wetland-Floodplain. Mr. Kirch
would have to state where to draw line. It has to be rezoned out
of floodplain before land division or building can take place.
RS2 would allow 20,000 sq. ft. lots. There are 2.7 acres
involved. Mr. Duklas wants to fill this land before he splits
them into lots. Mr. Dykstra read the latest conditions on the
permit. Mr. Erno asked Mr. Duklas to get together with neighbors
in the area and consider their feelings. Mr. Erno stated it's
hard to stop Mr. Duklas when he has an investment in land. The
$15,000 bond acts as an escrow. Chairman Fohr asked what class
road this was and was told it was Class B. The amount to be
hauled can be 60% of gross weight of truck. It was suggested that
pictures of the road should be taken before any more fill is
brought in.
APPEAL #2-93 - Praise Fellowship Church, W195 S9912 Racine
Avenue, Muskego, Wisconsin 53150 is requesting a 37 sq. ft. size
variance from requirements of 17:9.02(7)B.2.C. The base for this
sign is fairly large and this is computed in the size for the
sign. Don Freburg, manager of the construction, stated they were
actually decreasing the size of the new sign. The sign will be
upgraded, lit with floodlights, and a reader board will be added.
The position of the sign will be set back further than the
original. If Racine Avenue is ever widened, the expense to move
the sign will revert back to Praise Fellowship Church.
APPEAL #3-93 - David DeAngelis, W178 S6961 Shady Lane, Muskego,
Wisconsin, 53150 is requesting a 3' variance for abutting
driveways 17:4.05E. Mr. Stan Potrykus appeared stating that Plan
Commission approved the land division of these two parcels. Plan
Commission requested the two 8 foot driveways be attached instead
of two separate driveways. Ordinance requires driveways be 3 feet
from lot line. The parcels are set back from the road. No fill
will be needed. Chairman Fohr stated the land for the driveway
looked level. There would need to be a•common easement agreement.
APPEAL 44-93 - John Ingersoll, S76 W18004 Janesville Road,
Muskego, Wisconsin, 53150 appeared requesting a 4' height variance
to 15' maximum height 17:8.08(6) and variance to allow elimination
of firewall W.U.B.C. 30.43(3)(c). Mr. Ingersoll stated this
garage is substantially smaller than originally submitted. The
gables are designed to coordinate with his house. Chief Pickart
appeared supporting the variance. He stated the maximum height
won't shadow the Fire Department. He said the Fire Company had no
problem, in fact, they encouraged him. Mr. Pickart said it was
through J. C. Dev. that they were able to build the Fire
Department as they did.
Board of Appeals
Page 5
January 28, 1993
MISCELLANEOUS BUSINESS:
Mr. Dykstra presented a copy of the Rules of Procedure to the
board members. The Board decided to discuss this at the next
meeting.
It was suggested that Mr. Dykstra check surrounding communities
and poll their requirements for plat survey requirements and fees
being charged. Members were asked to turn in their suggestions at
the next meeting.
ADJOURNMENT:
There being no further business, Mr. Vitt made a motion to adjourn
and Mr. Erna seconded. Upon voice vote, the motion to adjourn
passed unanimously. The meeting was adjourned at 10:50 p.m.
Respectfully submitted,
Kathy A Brecht
Y
Recording Secretary
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, January
28, 1993 to consider the following appeals:
APPEAL 1-93 Ed Duklas
S74 W13450 Courtland Lane
Muskego, WI 53150
REQUESTING: To eliminate additional conditions
imposed on fill permit of 11-2-92
that were not on permit of 7-20-92
REASON: Appellant questions Building
Inspector's & Public Works Supt.'s.
ability to modify fill permit conditions
per 29.06(6)
ZONING: RS2
APPEAL 2-93 Praise Fellowship Church
W195 S9912 Racine Ave.
Muskego, WI 53150
REQUESTING: 37 sq. ft. size variance from
requirements of 17:9.02(7)B.2.C.
REASON: To allow construction of a new sign with
large decorative base.
ZONING: AG-OIP
APPEAL 3-93 David DeAngelis
W178 S6961 Shady Ln.
Muskego, WI 53150
REQUESTING: 3' variance for abutting driveways
17:4.05E.
REASON: Plan Commission request to allow
shared driveway
ZONING: RS-3-OPD
APPEAL 4-93 John Ingersoll
S76 W18004 Janesville Rd.
Muskego, WI 53150
REQUESTING: 4' height variance to 15' maximum height
17:8.08(6) and variance to allow elimination of
firewall W.U.B.C. 30.43(3)(c)
REASON: To allow construction of second garage
structure
ZONING: RS3/B2/OPD/OLS
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