Zoning Board of Appeals 02-1994610a o/ mw&91T
January 31, 1994
Mr. Ed Duklas
S74 W13450 Courtland Lane
Muskego, WI 53150
Dear Mr. Duklas:
BUILDING INSPECTION DEPARTMENT
W182 58200 RACINE AVENUE • 80X 903 • MU5KEG0, WI 531 50.0903 • (414) 679-4110
The Board of Appeals wishes to advise you that your request
1) Appealing the Building Director's decision to prohibit
additional filling at this site has been approved with
the following conditions:
1. Permit #92-1111 has been amended to expire July 13, 1994,
and the following conditions have been added to those
existing conditions.
2. The requirement to relocate material and mulch that was
allowed to put in place by the previous permit will not be
eliminated. (You must relocate this material prior to
placing additional fill on property).
3. You are to deposit a $15,000.00 surety bond (in the
form of a letter of credit) with the city before work
is commenced.
4. You will be allowed to fill areas allowed by the Army Corp
of Engineers, the DNR and Exhibit # 92-1111.
5. The January 30, 1994, deadline to relocate soils, final
grade, seed and mulch has been changed to July 13, 1994.
6. The Board of Appeals will not refund your $80.00 filing
fee.
Sincerely,
Susan J. Schroeder
Recording Secretary
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CITY OF MUSKEGO
BOARD OF APPEALS
DATE January-27, 1994
NAME Ed Duklas
ADDRESS S74 W13450 Courtland Lane TELEPHONE 422-9115
PROPERTY LOCATION ON WHICH VARIANCE IS REQUESTED
ADDRESS S74 W13450 Courtland Lane
SUBDIVISION LOT BLOCK
TYPE OF ZONING RS2
APPEALING: The Building Director's decision to prohibit
additional filling at this site.
REASON FOR VARIANCE REQUEST:
$80.00 FEE TO BE PAID AT TIME OF APPLICATION
DATE PAID 1/7/94 RECEIPT NUMBER 97411
DECISION OF THE BOARD OF APPEALS
CHAIRM
VICE-C
MEMBER
MEMBER
MEMBER
FIRST ALTERNATE
SECOND ALTERNAT
Secretary
Date
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BUILDING INSPECTION DEPARTMENT
W182 S8200 RACINE AVENUE • 80X 903 • MUSKEGQ, W€ 53150-0903 • (414) 679-41 €0
CITY OF 1USKEGO BOARD OF APPEALS MINUTES HELD ON JANUARY 27,
1994. Chairman Fohr called the meeting to order at 7:30 P.M.
PRESENT: Chairman Gerald Fohr, Mr. Lloyd Erno, Mr. Terry
O'Neil, Mr. Don Pionek, Mr. Dan Schepp.
ABSENT: Mr. Darryl Rowinski. EXCUSED ABSENT: Mr. Tom Berken.
MINUTES: Mr. O'Neil made the motion to accept the minutes of
the December meeting as presented. Mr. Erno seconded, motion
carried.
APPEAL # 1-94 - Mike and Debra Murphy, S71, W14526 Hidden
Creek, Muskego, WI 53150, appeared requesting one variance:
1). A 2'0" height variance from Section 17:4.05.(2)G.
requirement of 8'0" to allow a 10'0" high storage shed on
property.
Mr. Dykstra explained this property is RS3, the densest
residential zoning in the city. This property has 10' and 15'
sideyard offset with a 8' maximum height per code. Mr. Dykstra
stated he is in the process or rewriting the ordinance for
sheds because most of them come prebuilt at 9 feet.
Mr. Pionek swore in the appellant. Mr. Mike Murphy explained he
moved this shed from its previous location on Lembezeder, where
he had a variance for this shed. He was not aware he needed an
new variance for this location. The hardship Mr. Murphy stated
was he needs a 10' shed to allow for a loft in the back of the
shed for storage of his tools.
Mr. O'Neil questioned if the previous variance was granted for
a 10' shed. Mr. Dykstra explained a variance was granted for a
10' shed approximately one year ago.
There were no neighbors present to comment on this appeal.
APPEAL #2-94 -- Mr. Ed Duklas, S74 W13450 Courtland Lane,
Muskego, Wisconsin, 53150, appeared to appeal the Building
Directors decision to prohibit additional filling at this site.
Mr. Dykstra informed the Board Of Appeals that this project has
been on going since approximately 1989, there have been
conflicts back and forth. One year ago Mr. Duklas came before
the Board of Appeals for an extension on his filling permit
which was granted. This project still is not completed. Mr.
Dykstra is requesting a $15,000 surety bond as explained in a
letter to Mr. Duklas dated December 13, 1993.
C_ fifty of .Tine _9nduJErial and Recreational' .Jacib;'.3
BOARD OF APPEALS
PAGE
2
Mr. Pionek swore in Mr. Duklas before he gave his appeal. Mr.
Duklas began by discussing the five violations listed in the
December 13, 1994, letter. 1. vegetation has not been restored
in areas that have been filled, a direct violation of Condition
#7 on amended permit #92-111. Mr. Duklas stated in November,
1993, he planted seed. 2. Condition 2a of permit 92-1111 was
not part of the original permit, and the City Ordinance calls
for 2'-1' slope. No where did the original permit state "if
sufficient time and fill was available". 3. Mr. Duklas states
he has not filled in beyond the permitted area, 300' was
allowed by the permit. 4. 200'-250' was allowed by permit, new
measurements 120'-140' condition #7 was added to permit. 5.
Mr. Duklas agrees that the southwest end of his area is
currently below the elevation approved. Mr. Duklas has been
trying to obtain more fill to correct this problem.
Mr. Duklas is here to appeals the Building Directors to deny
issuing a fill permit. Mr. Duklas feels his civil rights are
being violated denying him the right to develop his property.
Adjoining property owners are doing the same work.
Eliminate any requirement to relocate materials and mulch that
was allowed to be put in place by previous permits. Mr. Duklas
wants the $15,000.00 surety bond requirement removed. Allow
fill throughout all areas allowed by the Army Corp of Engineers
to elevations of at least 778, subject to city code with
respect to slope not to exceed 2 to 1. Mr. Duklas is
requesting a reasonable amount of time be granted for new
deadline. And finally refund the $80.00 appeals fee, Mr.
Duklas feels the building inspector has no legal right to deny
issuing permits authorized by City Code.
Mr. Erno questioned if there has been damage to the road. Mr.
Fohr explained there is a $15,000 road bond. Mr. Duklas stated
he has not harmed the road anywhere.
Mr. Pionek swore in neighbors who were interested in speaking
on this appeal.
Mr. Gerals Reik, S75 W13505 Courtland Lane, stated this has
been an ongoing project for five years. He has been living
with mud and rocks in streets for this length of time. At one
time Mr. Duklas blocked the driveway at 10:30 p.m. The
homeowners association is up in arms over this whole business.
They are tired of trucks being in the area. Mr. Reik wants
peace and quiet.
Mr. Pionek questioned when this project started. Mr. Duklas
states he has a permit dated 1990 but can not find the permit.
Mr. Richard Childers, S75 W13613 Courtland Lane, stated Mr.
Duklas is in violation of blocking the ditch, he has no culvert.
Mr. Childers just wants the project done and houses built.
BOARD OF APPEALS
PAGE
3
Mrs. Jo Reik, S75 W13505 Courtland Lane, stated this project is
very slow. She stated Mr. Duklas seeded just before
Thanksgiving, how does he expect this seed to grow?
Mr. Pionek questioned Mr. Dykstra where he came up with the
amount of $15,000 for a bond? Mr. Dykstra stated Mr. Chiconas
is knowledgeable about this work and that Mr. Dykstra had cut
the proposed estimate of work to be done by 33% from the
estimate. Mr. Dykstra stated if this money were placed on the
tax roll instead, the City won't see their money for another
year.
Mr. Dykstra informed the Board that between 1988 and 1993,
there are four pages of comments from meetings with Mr.
Duklas. However, from 1993 to 1994, there is another four
pages of events, various dates throughout the year of meetings
and converstions.
Mr. Duklas explained to the Board that in 1993, he said he
could do the work by November, 1993. However, he had to wait
for the DNR and Army Corp of Engineers to compile their results
of their studies. Mr. Duklas complained it took until May 10,
1993, to get a letter of credit and he was not allowed to haul
until that was received by the City. Then two weeks later he
was told to stop work, he was in violation of a new condition,
silt -fence was required on the back of the property.
Mr. Reik stated Mr. Duklas could hire someone to install the
silt fence and have it done properly. Also, if Mr. Duklas
would buy dirt instead of waiting for free dirt, the project
could be done. Mr. Duklas stated the Glockner project has been
going on longer than this project.
Mr. Pionek stated Mr. Duklas should do the work, subdivide and
sell the lots. Mr. Fohr questioned if Mr. Duklas will get more
money after filling in the lots. Mr. Duklas stated that was a
fair statement.
Mr. Duklas was asked what is his hardship? Mr. Duklas stated
the area to the west is not high enough. He had asked the City
when he bought the parcel if it could be filled and buildable,
that is why he purchased the lot. Mr. Duklas again stated the
City Ordinance does not say a permit can not be renewed.
APPEAL #3-94 - Mr. David Robidoux, S74 W13999 Woods Road,
Muskego, Wisconsin, 53150, appeared requesting two variances:
1). A 5'0" height variance from Section 17:8.07(6). requirement
of 15'0", to allow a 20'0" height at the ridge.
2). A 2304 square foot size variance from Section 30.43(3)(c)
maximum size requirement of 720 square feet to allow a 3024
square foot wood frame building.
BOARD OF APPEALS
PAGE
4
Mr. Dykstra informed the Board this is a RS2 zoned property.
It is an interesting piece of property because it contains both
a floodplain and a wetland. The area where Mr. Robidoux plans
to build is not effected by this.
Mr. Pionek swore in Mr. Robidoux.
Mr. Robidoux stated the building is in a location that it will
not offend anyone. He will not be cutting down trees to erect
this building. He was not aware of the firewall ordinance nor
the height ordinance. He wants the building to look like a
garage. As far as the firewall requirement goes, there is not
a building within 200 feet and that is his residence. Mr.
Robidoux informed the Board he does not intend to rent out any
of this building, but to use it for storage of his own
possessions. The hardship is the need for storage of his motor
home and classic car. The firewall would prohibit driving the
motor home in.
Mr. O'Neil asked how many acres are on this parcel. There is
7.1 acres.
No residents were present to comment on this appeal.
APPEAL #4-94 - BFI Of Wisconsin, Inc., W143 S6400 College
Court, Muskego, Wisconsin, 53150, appeared before the Board of
Appeals requesting on variance.
1). A 4810" setback variance from Section 17;8.15(3)
requirement of 50'0" to allow a truck scale to be installed
within 2' of the street R.O.W.
Mr. Dykstra explained is parcel is zoned I-1, the location in
question is a cul-de-sac with a 60' radius.
Mr. Pionek administered the oath to Joe Schnabl and Joe Ott of
BFI.
As of July, 1994, the state department of transportation is be
rescinding overweight permits. The vehicles need to be legal
when leaving the yard. BFI has reviewed their options, with
150 pieces of equipment and traffic flow, this is their only
location available.
Mr. Pionek questioned if this scale were portable. Mr. Ery
Bitter from First Weigh Manufacturing informed the Board this
would be a permanent installation.
Mr. Pionek swore in area neighbors who wished to discuss BFI's
variance request.
Mr. Heinrich, 14280 W. College, New Berlin, informed the Board
of Appeals that there have been problems with the trucks for
BOARD OF APPEALS
PAGE
5
years. They are dangerous on the road. The dumpsters stink in
summer to the point where you can not sit outdoors. No one
knows what goes on in there. The diesel smells. You can not
get out of your own driveway.
Ms. Shelly Ponoske, 14500 W. College, New Berlin, spoke to the
Board regarding the smell in the summer. The drivers drive
like maniacs and garbage blows off BFI trucks into the
neighboring yards. They are not good neighbors. Ms. Posnoske
is opposed to any courtesy being granted to BFI.
Chairman Fohr read a letter from Shizuko Glaser, 14380 W.
College Avenue, New Berlin. She was unable to attend the
meeting, however, she writes she has had enough of the early
morning noise and is against appeal #4-94.
Mr. O'Neil questioned if the scale weren't being located on the
roadway. Mr. Ott stated room was needed to maneuver the trucks.
Mr. Erno questioned trucks parking on the street. Mr. Ott
explained the trucks would be weighed when leaving the property
thus not causing street parking.
Mr. Pionek questioned the hardship. Mr. Dykstra questioned why
only_a small portion of the property owned by BFI was shown of
the Plat of Survey submitted. The Board agreed they need to
view the entire property to determine a hardship.
APPEAL #5-94 - Mr. and Mrs. Peter Passick, S67 W17927 Pearl
Drive, Muskego, Wisconsin, 53150, appeals requesting two
variances:
1). A variance from Section 17:4.06(2)A.1. requirement that
any expansion of a nonconforming structure be made in
conformity with the current district regulations: to allow an
addition to be constructed closer to the lot line than current
regulations allow.
2). A 218-1/2" sideyard offset from Section 17:9.07(3)
requirement of a 716" to allow an addition to be constructed
within 419-1/2" of the east property line.
Mr. Dykstra explained the RS3 is one of the denser lot sizes in
the City. This property is nonconforming on the side lotline
and in the front by the road.
Mr. Passick explained to the Board that his family has outgrown
the house, it needs an additional bathroom and the sharp hill
at the Southwest corner prohibits expansion in that location.
Mr. Pionek questioned if in fact they have not already taken
over the garage and made a bedroom in there, yes, they have
remodeled that area and moved the garage 23' back.
BOARD OF APPEALS
PAGE
6
There were no neighbors present to comment on this appeal.
Mr. O'Neil made the motion to go into close session pursuant
State Statute 19.85(1)(a) for the purpose of deliberating
concerning cases which were subject of a quasi-judicial
hearing; said cases being listed above. Mr. Erno seconded,
motion carried.
Mr. O'Niel made the motion to adjourn in open session. Mr.
Erno seconded, motion carried.
APPEAL # 1-94 - Mike and Debra Murphy, S71 W14526 Hidden Creek,
Muskego, Wisconsin. Mr. Erno made the motion to grant the
variance with the condition that the Murphy's purchase the
necessary building permits. Hardship being a need for storage
and the building being prebuilt. Mr. O'Neil seconded, upon
roll call vote, motion carried.
APPEAL # 2-94 - Ed Duklas, S74 W13450 Courtland Lane, Muskego,
Wisconsin. Mr. O'Niel made the motion to extend permit #92-111
to July 13, 1994. And amend this permit to add a $15,000
surety bond is required. They are not approving the elimination
of any requirement to relocate material and mulch that was
allowed to be put in place by previous permit. Nor did the
Board of Appeals approve a refund of the $80.00 appeal fee.
Mr. Shepp seconded, upon roll call vote, motion carried.
APPEAL #3-93 - David Robidoux, S74 W13999 Woods Road, Muskego,
Wisconsin. Mr. O'Neil made the motion to grant the two
variances as requested. Mr. Pionek seconded, upon roll call
vote, motion carried. The hardship was determined the need of
storage.
APPEAL #4-94 - Chairman Fohr made the motion to deny this
appeal as submitted for lack of information on appeal. The
Board of Appeals will waive the fee if they should need to come
back after meeting with Plan Commission on a location.
Mr. Schepp seconded, upon roll call vote, motion carried.
APPEAL #5-94 - Mr. Erno made the motion to grant the variance
as submitted with the approval not to exceed closer to lot line
than currently existing. The hardship is the topography. Mr.
Pionek seconded, motion carried.
ELECTION OF OFFICER:
Mr. O'Niel nominated Don Pionek as Vice -Chairman. Mr. Fohr
seconded. Upon voice vote, the motion was unanimous.
BOARD OF APPEALS
PAGE
7
ADJOURMENT:
There being no further business, Chairman Fohr made a motion to
adjourn and Mr. Schepp seconded. Upon voice vote, the motion
to adjourn passed unanimously. The meeting was adjourned at
11:00 P.M.
Respectfully submitted,
BOARD OF APPEALS�
Susan J. Schroeder
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 27, 1994 to consider the following appeals:
APPEAL #1-94 Debra A. Murphy
S71 W14526 Hidden Creek
Muskego, WI. 53150
REQUESTING: 1 Variance:
1) A 210" height variance from Section
17:4.05.(2)G. requirement of 810" to allow a
10'0" high storage shed on property.
ZONING: RS3
APPEAL #2--94 Mr. Ed Duklas
S74 W13450 Courtland Lane
Muskego, WI 53150
APPEALING: The Building Director's decision
to prohibit additional filling at this site.
ZONING: RS2
APPEAL #3-94 David Robidoux
S74 W13999 Woods Road
Muskego, WI 53150
REQUESTING: 2 Variances:
1) A 510" height variance from Section
17:8.07.(6). requirement of 1510", to allow
a 20'0" height at the ridge.
2) A 2304 sq. ft. size variance from Section
30.43(3)(c) maximum size requirement of 720
sq. ft. to allow a 3024 sq. ft. wood frame
building.
ZONING: RS2
APPEAL #4-94 BFI Of WI, Inc.
W143 S6400 College Court
Muskego, WI 53150
REQUESTING: 1 Variance:
1) A 48'0" setback variance from Section
17:8.15(3) requirement of 50'0" to allow
a truck scale to be installed within 2' of the
street R.O.W.
ZONING: I-1
APPEAL #5-94 Peter & Sharon Passick
S67 W17927 Pearl Drive
Muskego, WI 53150
REQUESTING: 2 Variances:
1) A variance from Section 17:4.06(2)A.l.
requirement that any expansion of a non-
conforming structure be made in conformity
with the current district regulations; to
allow an addition to be constructed closer to
the lot line than current regulations allow.
2) A 2'8-1/2" sideyard offset from Section
17:9.07(3) requirement of a 716" to allow an
addition to be constructed within 419-1/2" of
the east property line.
ZONING: RS3-OED
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
Gerald Fohr, Chairman
Dated this 12th day of January, 1994
PLEASE NOTE. It is possible that members of and possibly a quorum of members of other governmental
bodies of the municipality may he in attendance 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 aide and services. For additional information or to request this service,
contact Jean K. Marenda, city clerk, at Muskego City Hall, 679-4100.
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