Zoning Board of Appeals- 02-1996CITE' OF
MUSKEGO
January 26, 1996
Mr. Todd Furry
S79 W17753 Scenic Drive
Muskego, WI 53150
Dear Mr. Furry:
DEPARTMENT OF CITY PLANNING
Matthew G. Sadowski, Plan Director
(414) 679-4136
The Board of Appeals wishes to advise you that your request from
Section 5.02 (3), A Building Location: Offset, requesting 1.8 foot
variance to permit an exisitng deck to be located 8.2 feet from the
eastern property line was denied.
You are required to bring the deck into compliance and submit
revised plans to the Building Department and Planning Department
within 60 days. Please refer all question to Assistant Planner
Carlos Trejo at 679-5674.
Sincerely,
Susan J. Schroeder
Recording Secretary
W182 S8200 Racine Avenue • Box 903 • Muskego, Wisconsin 53150-0903 • Fax (414) 679-5614
CITY Ut MUSKEW
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 7:00 P.M., Thursday, January
25, 1996, to consider the following petitions for appeals to the
Zoning Ordinance of the City of Muskego:
Amended Appeal #
37-95
Dennis E. &
W198 S10999
Muskego, WI
Mary Ann Wisniewski
Racine Avenue
53150
REQUESTING: Under the direction of Section 3.08 (1)
Appeal Provisions, Petitioner seeks relief from Chapter
17--ZoningOrdinance: Sections 5.02 (2) B Building
Location: Setbacks. Said section restricts the
location of a structure to be no closer than 25 feet to
the base setback line.
The petitioner requests an eleven (11) foot variance to
place a detached garage 14 feet from the base setback
line.
Zoning: RS-2/OLS, 13,400 square foot Lake Shore
Suburban Residence
Appeal # 01-96
Kent & Roseann Campbell
S103 W14823 Loomis Drive
Muskego, WI 53150
REQUESTING: Under the direction of Section 3.08 (1)
Appeal Provisions, Petitioner seeks relief from Chapter
17--Zoning Ordinance: Sections 5.02 (3) A Buildinq
Location: Offsets. Said section restricts the location
of a structure to be no closer than 30 feet to side line
of an adjoining lot.
The petitioner requests an eight (8) foot variance to
permit a construction of and addition to be located 22
feet from the eastern property line.
Zoning: Agricultural, 120,000 square foot Agricultural
District
Appeal # 02-96
Todd Furry
S79 W17753 Scenic Drive
Muskego, WI 53150
REQUESTING: Under the direction of Section 3.08 (1)
Appeal Provisions, Petitioner seeks relief from Chapter
17--Zoning Ordinance: Sections 5.02 (3) A Building
Location: Offsets. Said section restricts the location
of a structure to be no closer than 10 feet to side line
of an adjoining lot.
OUR
Page 2
The petitioner requests a 1.8 foot variance to permit an
existing deck to be located 8.2 feet from the eastern
property line.
Zoning: RS-2/OPD, 20,000 square foot Planned
Development Suburban Residence
Election of Vice Chairman for 1996.
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
Donald Pionek, Chairman
Dated this 12th day of January, 1996
PLEASE NOTE: It is possible that members of and possibly a quorum of members of other governmenal
bodies of the municipality may be 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 aids and services. For additional information or to request this service,
contact Jean K. Marenda, City Clerk, at Muskego City Hall, 679-5625.
Also, Board of Appeals members may conduct site visits for informational purposes.
Page 2 Board of Appeals, December 7, 1995
Mr. Tom Smukowski stated his concern regarding parking vehicles
within the right-of-way and setting a precedent allowing other
neighbors to overbuild on these lake lots.
Mr. Dennis Mielke, the neighbor to the south requested the 10 foot
offset be maintained. He also stated allowing a space between the
garage and the house for the children to play is a good safety
factor.
Appeal # 01-96 Kent & Roseann Campbell, S103 W14823 Loomis
Drive, Muskego, Wisconsin. Chairman Pionek read the appeal to
Mr. and Mrs. Campbell. Petitioner seeks relief from Chapter
17--Zoning Ordinance: Sections 5.02 (3) A Building Location:
Offsets. Said section restricts the location of a structure to be
no closer than 30 feet to side line of an adjoining lot. The
petitioner requests an eight (8) foot variance to construct an
addition to the existing home located 22 feet from the eastern
property line.
Mr. Trejo amended the proposed appeal to read this lot is zoned
agricultural and the proposed building will be an addition, not a
deck as stated in the notice.
Mr. Schneiker administered an oath to Mr. Campbell and Mr. Norbert
Sobieski. Mr. Campbell explained to the Board that he is looking
to take over the property from his father-in-law, however, they
have a special child that would require a bedroom and a bathroom
on the first floor. It would not be feasible to build an addition
to the west due to the fact the septic tank is located there as
well as the air conditioner and pre-existing layout of the home.
Mr. Campbell also presented a letter from the neighbor stating he
has no objection to the addition.
Appeal # 02-96 Todd Furry, S79 W17753 Scenic Drive, Muskego,
Wisconsin. Chairman Pionek read the appeal to Mr. Furry.
Petitioner seeks relief from Chapter 17-- ' Zoning Ordinance:
Sections 5.02 (3) A Building Location: Offsets. Said section
restricts the location of a structure to be no closer than 10 feet
to side line of an adjoining lot. The petitioner requests a 1.8
foot variance to permit an existing deck to be located 8.2 feet
from the eastern property line.
Mr. Trejo described the zoning as RS-2/OPD, 20,000 square foot
Planned Development Suburban Residence
Mr. Schneiker administered an oath to Mr. Furry.
Mr. Furry admitted building a deck without a permit. He stated he
was aware of the setbacks because he built his home at this
location. However, the realtor stated the lotline was an
electrical box, which turns out not to be true. Mr. Furry further
stated there are three footings four feet down on this side of the
deck. Mr. Furry feels the lot to the east will not be built on
because of the location of the wetlands.
Page 3 Board of Appeals, December 7, 1995
Mr. Schepp questioned Mr. Furry on why he waited since the first
violation notice, dated September 30, 1994, to respond. Mr. Furry
stated he has been working with the DNR to delineate the wetland
area on his property.
DELIBERATION OF APPEALS
APPEAL #37-95 Mr. Herda made a motion to deny the amended appeal
as submitted, the reason being a lack of hardship and the ability
to build a second garage within permitted setbacks. Mr. Schepp
seconded. Upon a roll call vote, the denial of amended Appeal
#37-95 was approved unanimously.
APPEAL #01-96 Mr. O'Neil made a motion to grant the appeal as
submitted. The hardship being a special child's needs, the
location of the sanitary system and existing structure on the
site. Mr. Schneiker seconded. Upon a roll call vote, Appeal
#01-96 passed unanimously.
APPEAL #02-96 Mr. Schepp made a motion to deny the appeal as
submitted, the reason being lack of hardship and the time lapse in
Mr. Furry's response. Mr. Brandt seconded. Upon a roll call vote
Appeal #02-96 was denied unanimously.
MISCELLANEOUS BUSINESS
Election of Vice Chairman for 1996. Mr. Schneiker made a motion
to approve Mr. Schepp as Vice Chairman. Mr. O'Neil seconded, upon
voice vote, motion carried.
Mr. Herda made a motion to adjourn. Mr. Schepp seconded. Upon a
voice vote, the motion to adjourn passes unanimously. With no
further business to come before the Board, the meeting was
adjourned at 9:15 PM.
Respectfully submitted,
Susan J. Schroeder
Recording Secretary
CITY OF MUSKEGO qeP IAp
BOARD OF APPEALS
Application for variance
Applicants Name — -o pr") jf
Subject Property Address: S-Jq W 17753
Telephone (� 7q 3 14-&
Property zoning 5,Q f (� f>p
Key #_ a a R I, r '
Petitioner's relationship to property (circle applicable):
_owner___ lessee other
Fees: $80.00
Date inspector denied permit:
Requesting variance to Section
To allow: �(�0 L4 ( t4 a,ie
4,-7_F3AC k_` l S W
A literal enforcement of the terms of the above -referenced section
would result in practical difficulty and unnecessary hardship
because:
.ten �j4l_F
The variance, if granted, will not be contrary to the public
interest and will be in accord with the spirit of the code because:
Z7 E AM
of!5T
The variance, if granted, will not adversely affect public safety
or jeopardize public welfare because:
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NOVEMBER 17, 1995
TODD & MARY FURRY
S79 W17753 SCENIC DR
MUSKEGO WI 53150
BUILDING INSPECTION DEPARTMENT
W1 o2 SS200 RACINE AVENUE • BOX 9C.3 • MU'SKEGO. W! :5 : 5�'.,�97: • f4 i4; 679.41 1
CASE NUMBER: 94-99
CASE DESCRIPTION: 30.05 BUILDING PERMITS REQD
Re: S79 W17753 SCENIC DR
Dear TODD & MARY FURRY:
SECOND AND FINAL NOTICE OF NON COMPLIANCE.
Previously a letter was sent to you, requesting your cooperation in
eliminating code violations at the above referenced site, with a
I compliance date of 10/03/95. A reinspection of the above
mentioned property has revealed the following violations are still
present:
1. Two decks are being built without any permits.
Therefore by this letter you are asked to bring this situation
into compliance within the time frame indicated on the second page
of this letter. Attached, please find a copy of the Ordinance and
the action you are required to take.
Your cooperation is greatly appreciated regarding this matter. if
you have any further questions, please do not hesitate to call
TOM CHICONAS the number listed on the following page.
FAILURE TO COMPLY WITH THIS ORDER WILL RESULT IN THE ISSUANCE OF
DAILY CITATIONS FOR THE ABOVE REFERENCED VIOLATION S). EACH
VIOLATION AND EACH DAY A VIOLATION CONTINUES, CONSTITUTES A
SEPARATE OFFENSE. COURT APPEARANCES ARE MANDATORY.
Sincerely,
i TOM CHICONAS
Building Inspector
/tl
Enc.
j cc: Mayor De Angelis
Dave Abel, ALOE
Liesa Nesta, DNR
City of Sine lZi dential. Jearlu.1t*ria! and PprrculiDn"I .}acifificj
.um Environmental Inc.
native seed and plant provision
wetlands delineation and assessment
native landscape installation and management
19. October 1995
Todd Furry
Scenic Ct.
Muskego Wi
re: lot 105, Meadow Green West Addition #2. City of Muskego, Waukesha County Wl
Dear Mr. Furry,
As per our meeting of yesterday, following is a summary of our field investigation.
Thomas Murn and Virginia Meissner of ME] examined the above property for purposes of
characterizing existing vegetation cover, microtopographical and possible wetlands
functional values characteristics. The property is located on the southern side of Scenic
Drive. The survey map of this area of Addition #2, dated 914/90, depicts wetlands occurring
on portions of several of the lots within the addition. At time of this mapping, drainage
patterns had apparently been altered to transport additional amounts of water to the lower
areas within the addition. These drainage patterns had then been altered or corrected again
with improvements in street and storm sewer infrastructure.
Ourfseld investigation confirmed this historical pattern of previous inundation pattems which
do not currently exist. No significant populations of obligate or facultative -wet vegetation as
identified by the U.S. Army Corps of Engineers Region 3 list of plant species that occur in
wetlands. Near the southeastern corner of lot 105 and the southern and central portions of
lot 104, also inspected, there are several areas where surface water pooling had occurred
in the past to the extent that some tree and shrub root systems had been exposed This
exposure was not of recent origin, and no other hydrological indicators of wetland
conditions such as multiple trunking, water stains, erosion or water tracks were noted at
time of investigation. A list of dominant vegetation and Corps of Engineers wetness
classification is attached below,
Wetlands were also identified on the 9/4/90 map in the west central portion of lot 105, This
area was approved for minor grading by the City of Muskego. This grading improved the
existing positive topography for drainage from near the existing residence away from the
residence to the west- No wetland conditions as defined by factors of soils, hydrological
indicators or topography currently exist in this west central portion of lot 105.
Please call if you have any questions about the above information.
Sincerely
Thomas J. Mum / ME
10282 Riverview Dr. Edgerton WI 53534 (608) 884-6563 fax (608) 884-6678
T. Furry - Scenic Dr. 10/20/95 Page two
attachment to site report
dominant vegetation identified on parcel
species
common name
ACOE region 3 ranking (1)
Qual rank (2)
Anemone cylindrica
thimbleweed
URL
+5
+2
Aster ericoides
frost aster
FACU-
+4
+5
Carex blanda
sedge
FAC
0
+1
Carex pensylvanica
pennsylvania sedge
UPL
+5
+5
Carya ovata
hickory
FACU
+3
+5
Cirsiurn vulgare (3)
thistle
FACU-
+4
-3
Corpus stolonifera
red osier dogwood
FACW
-3
+5
Daucus carota
queen annes lace
UPL
+5
+1
Fragaria virginiana
strawberry
FAC-
+1
+1
Lonicera x bella
honeysuckle
UPL
+5
-3
Oenothera biennis
evening primrose
FACU
+3
+1
Poa pratensis
bluegrass
FAC-
+1
0
Rhamnus frangula
buckthorn
FAC+
-1
-3
Solidago graminifolia
grassleaf goldenrod
FACW+
-2
+4
Solidago gigantea
large goldenrod
FACW
-3
+3
averages
+1.8
+1.6
notes:
(1) U.S. Army Corps
of Engineers region 3 wetness ranking;
-5=wettest, +5=driest
(2) from A ChecUSt
of Fiore pf the Chicago Region, Wilhelm, Swink and Wetstein,
Morton Arboretum, Lisle IL, 1991; -3 to -1 =
alien weeds; +1 to +10 = lowest to
highest quality
native vegetation; +15-+20=
threateno or endangered species
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SEPTEMBER 30, 1994
BUILDING INSPECTION DEPARTMENT
%, 1 S2 S8200 RACINE AVENUE • =0X 903 - MUSKEGO, WI S3 i SO-0903 • (414) 679-41 10
TODD & MARY FURRY
S79 W17753 SCENIC DR
MUSKEGO WI 53150
CASE NUMBER: 94-99
CASE DESCRIPTION: 30.05 BUILDING PERMITS REQD
Re: S79 W17753 SCENIC DR
Dear TODD & MARY FURRY:
A recent inspection of the above mentioned property has revealed
the following violations:
1. Deck is being built without permit.
2. No house numbers.
Therefore by this letter you are asked to bring this situation
into compliance by 10/14/94. Attached, please find a copy of
the Ordinance and the action you are required to take.
Your cooperation is greatly appreciated regarding this matter. if
you have any further questions, please do not hesitate to call
TOM CHICONAS the number listed on the following page.
Sincerely,
1
TOM CHICONAS
Building Inspector
/tb
Enc.
cc: Mayor De Angelis
61" a/ -iin¢ iC¢1id¢nliaf, Jndusfria7 and Recreation"C �Yuci(ifi¢s
Violation: BUIL
Date: 9/26/94
Quantity: 1
Violation text:
1. Deck is
2. No house
Violation Detail
30.05 BUILDING PERMITS REQD
being built without permit.
numbers.
Ordinance:
HOUSING CODE.
NO BUILDING OR STRUCTURE OR ANY PART THEREOF SHALL HEREAFTER
BE BUILT, ENLARGED, ALTERED OR DEMOLISHED WITHIN THE
MUNICIPALITY OR MOVED INTO, WITHIN OR OUT OF THE
MUNICIPALITY EXCEPT AS HEREINAFTER PROVIDED, UNLESS A PERMIT
THEREFOR SHALL FIRST BE OBTAINED BY THE OWNER OR HIS AGENT
FROM THE BUILDING INSPECTOR. PERMITS ARE REQUIRED FOR THE
FOLLOWING: BUILDING, AIR CONDITIONING (SEC. 30.08(1)(B),
WRECKING OR RAZING, HEATING, MOVING OF BUILDINGS, OCCUPANCY,
REFOOFING AND RESIDING, OTHER PERMITS AS REQUIRED BY
GOVERNING MUNICIPALITY.
Action Required:
YOU NEED TO APPLY FOR A DECK BUILDING PERMIT AND
PURCHASE A SET OF BUILDING NUMBERS FROM THE BUILDING
DEPARTMENT. PLEASE CONTACT TOM CHICONAS AT 679-4156
IF YOU HAVE ANY QUESTIONS.