Zoning Board of Appeals 02-1999March 29, 1999
Mr. Melvin Duve
W 187 S 10610 Kelsey Drive
Muskego, WI 53150
RE: Board Of Appeals
Dear Mr. Duve:
The Board of Appeals wishes to advise that your appeal from Section 8.01(7)(B)2
Permited Accessory Uses and from Section 8.01(7)(A)3b Permitted Uses by Right
was granted.
Please be further advised the variance will end March, 2004.
Should you have any questions, please contact Dustin Wolff at 679-5674.
Sincerely,
Susan J. Schroeder
Recording Secretary
Appeal #02-99
Melvin Duve
Residence: W187 S10610
Muskego, WI 53150
Location of Appeal: Northeast corner of Muskego Dam and Kelsey Drive (Tax Key No. 2290.995.002)
REQUESTING: Under the direction of Chapter 17 Zoning Ordinance: Section 17:3.08(1) Appeal
Provisions, Petitioner seeks the following variances:
1. Chapter 17--ZoningOrdinance: Section 8.01(7)B)2 Permitted Accessory Uses: On lots of at least
120,000 SF and up to and including 400,000 SF, stables, barns and poultry houses, shed and other similar
structures are permitted. However, all such buildings exceeding 240 SF are subject to Plan Commission
approval, and the total floor area of all outbuildings combined shall not exceed 1% of the lot area, and the
buildings housing domestic livestock shall not be closer than 50' to the lot line. The height of these
buildings shall not exceed 25. Petitioner seeks an administrative variance to associate the property in
question with Tax Key No. 2288.996 for a period not to exceed Five (5) years to accommodate the existing
outbuildings, at which time all outbuildings will be removed.
2. Chapter 17--Zoning Ordinance: Section 8.01(7)A)3b Permitted Uses By Right: The keeping or raising of
poultry and domestic livestock, except for hogs and fur bearing animals, the raising of which is absolutely
prohibited in this district, shall be permitted as part of a principal agricultural use of the premises on
farms of at least 10 acres in area on the basis of not more than 1 head of livestock per acre, nor more than
50 fowl per acre, nor more than 2 goats on one farm. Petitioner seeks an administrative variance to
associate the property in question with Tax Key No. 2288.996 for a period not to exceed five (5) years to
accommodate 10 head of livestock, at which time activity will cease.
DECISION OF THE BOARD OF APPEALS
Motion to approve as submitted.
Chairman O'Neil
S
Vice
Approved
Approved
Approved
Member Brandt
�� Approved
Member Conley (1st
Approved
Member Le Doux (2nd Alt.)
BOARD OF APPEALS MINUTES APPROVED
CITY OF MUSKEGO
MARCH 25, 1999
CALL TO ORDER: Chairman O'Neil called the meeting to order at 7:05 P.M.
PRESENT: Chairman Terry O'Neil, Vice Chairman Henry Schneiker, Dan Schepp, William
LeDoux, Mike Brandt, David Conley, Kristy Rogers, and Acting Director of Planning Dustin
Wolff.
STATEMENT OF PUBLIC NOTICE: Secretary stated notice was given March 12, 1999, in
accordance with Open Meeting Laws.
MINUTES: Kristy Rogers made a motion to approve January 28, 1999, minutes as submitted.
William LeDoux seconded. Upon voice vote motion carried.
OLD BUSINESS: Signing of decision letter for the January 28, 1999, meeting.
NEW BUSINESS: Appeal #02-99, Melvin Duve, Residence: W187 S10610 Muskego, WI.
Location of Appeal: Northeast corner of Muskego Dam and Kelsey Drive (Tax Key No.
2290.995.002)REQUESTING: Under the direction of Chapter 17 Zoning Ordinance: Section
i 7:3.08(l) Appeal Provisions, Petitioner seeks the following variances: Chapter 17--Zoning
Ordinance: Section 8.01(7)B)2 Permitted Accessory Uses: On lots of at least 120,000 SF and up
to and including 400,000 SF, stables, barns and poultry houses, shed and other similar structures
are permitted. However, all such buildings exceeding 240 SF are subject to Plan Commission
approval, and the total floor area of all outbuildings combined shall not exceed 1% of the lot
area, and the buildings housing domestic livestock shall not be closer than 50' to the lot line.
The height of these buildings shall not exceed 25'. Petitioner seeks an administrative variance to
associate the property in question with Tax Key No. 2288.996 for a period not to exceed five (5)
years to accommodate the existing outbuildings, at which time all outbuildings will be removed.
Chapter 17--Zoning Ordinance: Section 8.01(7)A)3b Permitted Uses By Right: The keeping or
raising of poultry and domestic livestock, except for hogs and fur bearing animals, the raising of
which is absolutely prohibited in this district, shall be permitted as part of a principal agricultural
use of the premises on farms of at least 10 acres in area on the basis of not more than 1 head of
livestock per acre, nor more than 50 fowl per acre, nor more than 2 goats on one farm. Petitioner
seeks an administrative variance to associate the property in question with Tax Key No. 2288.996
for a period not to exceed five (5) years to accommodate 10 head of livestock, at which time
activity will cease.
Zoned: R-1, Country Horne District.
Vice Chairman Henry Schneiker administered an oath to Mr. Duve. Mr. Duve explained the
Plan Commission granted one year for having his barn and machine shed after dividing his land.
By ordinance they are unable to grant any longer than one year and they cannot grant an
extension.
BOA 3/25/99
Page 2
The Plan Commission resolution suggested Mr. Duve seek a variance from the Board of Appeals.
Acting Planning Director Dustin Wolff explained the Plan Commission's inability to grant
further time to Mr. Duve or allow him to have more than 10 animals on the site.. The Plan
Commission recommended Mr. Duve not record his CSM until after seeking relief from the
Board of Appeals.
DELIBERATION: David Conley made a motion to approve the variance as submitted.
William Le Doux seconded. Upon roll call vote, motion carried 6-0. Kristy Rogers abstained
from voting.
Miscellaneous Business: None
ADJOURN: With no further business to come before this Board, David Conley made a motion
to adjourn. Mike Brandt seconded. Upon voice vote, meeting adjourned at 8:30 p.m.
Respectfully submitted,
Susan J. Schroeder
Recording Secretary
BOARD OF APPEALS AGENDA
CITY OF MUSKEGO
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN pursuant to Wisconsin State Statute 62.23 (7) (e) 6, that a Public Hearing will be held
in the Muskego Room at the Muskego City Hall, W182 S8200 Racine Avenue, at 7:00 P.M., Thursday, March 25,
1999, to consider the following petitions for appeals to the Zoning Ordinance of the City of Muskego:
1. CALL TO ORDER
2. ROLL CALL
3. STATEMENT OF PUBLIC NOTICE
4. APPROVAL OF MINUTES OF THE JANUARY 28, 1998 MEETING.
5. OLD BUSINESS
6. NEW BUSINESS
Appeal #02-99
Melvin Duve
Residence: W l87 S 10610
Muskego, WI 53150
Location of Appeal: Northeast corner of Muskego Dam and Kelsey Drive (Tax Key No. 2290.995.002)
REQUESTING: Under the direction of Chapter 17 Zoning Ordinance: Section 17:3.08(1) Appeal
Provisions, Petitioner seeks the following variances:
1. Chapter 17--Zonin Ordinance: Section 8.01(7)B)2 Permitted Accessory Uses: On lots of at least 120,000
SF and up to and including 400,000 SF, stables, barns and poultry houses, shed and other similar structures
are permitted. However, all such buildings exceeding 240 SF are subject to Plan Commission approval, and
the total floor area of all outbuildings combined shall not exceed 1% of the lot area, and the buildings
housing domestic livestock shall not be closer than 50' to the lot line. The height of these buildings shall
not exceed 25'. Petitioner seeks an administrative variance to associate the property in question with Tax
Key No. 2288.996 for a period not to exceed five (5) years to accommodate the existing outbuildings, at
which time all outbuildings will be removed.
2. Chapter 17--Zoning Ordinance: Section 8.01(7)A)3b Permitted Uses By Right: The keeping or raising of
poultry and domestic livestock, except for hogs and fur bearing animals, the raising of which is absolutely
prohibited in this district, shall be permitted as part of a principal agricultural use of the premises on farms
of at least I0 acres in area on the basis of not more than I head of livestock per acre, nor more than 50 fowl
per acre, nor more than 2 goats on one farm. Petitioner seeks an administrative variance to associate the
property in question with Tax Key No. 2288.996 for a period not to exceed five (5) years to accommodate
10 head of livestock, at which time activity will cease.
Zoned: R-1, Country Home District.
7. Miscellaneous Business.
None
NOTICE OF CLOSED SESSION:
BOA 3/25/99
Page 2
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
Terry O'Neil, Chairman
Dated this 12th day of March, 1999
NOTICE
IT IS POSSIBLE THAT MEMBERS OF AND POSSIBLY A QUORUM OF MEMBERS OF OTHER GOVERNMENTAL
BODIES OF THE MUNICIPALITY MAY BE IN ATTENDANCE AT THE ABOVE -STATED MEETING TO GATHER
INFORMATION; NO ACTION WILL BE TAKEN BY ANY GOVERNMENTAL BODY AT THE ABOVE -STATED
MEETING OTHER THAN THE GOVERNMENTAL BODY SPECIFICALLY REFERRED TO ABOVE IN THIS NOTICE.
NOTICE
"Please note that, 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 Marenda at City Hall, W 182
S8200 Racine Avenue, (414) 679-5625."
CITY OF MUSKEGO
BOARD OF APPEALS
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Application for Variance
Applicant's Name /7 r, Z t f rI [) a 1/ (', _
Subject Property Address W / 9 2 0 t; /G+ /� �,.� ; e V
Telephone q
Property Zoning: P — i
Tax Key # Z Z Q b. 4 q UO Z
Petitioner's relationship to property (circle applicable):
owner lessee other
Fee: $197.00
Date inspector denied permit: Z/ %& Z 9 ?
Requesting variance to Section /2 -4
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To allow: ea Z C a Zi f h
A literal enforcement of the terms of the above -referenced section would result in practical
difficulty and unnecessary hardship because:
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The variance, if granted, will not be contrary to the public interest and will be in accord
with the spirit of the code because:
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The variance, if granted, will not adversely affect public safety or jeopardize public welfare
because: 1 /'
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AMENDED
RESOLUTION #P.C.12-99
RECOMMENDATION OF APPROVAL OF A CERTIFIED SURVEY MAP FOR
A FOUR (4) LOT LAND DIVISION FOR THE DUVE PROPERTY LOCATED IN THE NW
1/4 OF SECTION 33 (TAX KEY NO. 2290.995.002)
WHEREAS, On January 21, 1999 a certified survey map was submitted by Melvin Duve
for a four (4) lot land division in the NW °/4 of Section 33, of the Duve property, addressed as
W 187 S 10610 Kelsey Drive, and
WHEREAS, Said Certified Survey Map substantially conforms to that of the PIan
Commission's previously approved sketch review, under Resolution #P.C. 88-98, on May 11,
1998, and
WHEREAS, Said property is zoned R-1, Country Home, requiring a minimum lot size of
80,000 square feet and an average minimum width of 200 feet, and said lots appear to meet said
minimum zoning requirements, and
WHEREAS, The Land Use 2005 Plan depicts this area for agricultural and rural
development, and the proposed lots will be well within the recommended two to five acre
minimum encouraged by the Comprehensive Plan with the R-1 zoning, and
WHEREAS, Said parcels will not be serviced by City sewer and will access water through
private individual well facilities.
THEREFORE BE IT RESOLVED, That the Plan Commission approve of a Certified
Survey Map being submitted creating a four (4) lot land division in the NW '/4 of Section 33 of the
Duve property subject to the delineation of any wetland and floodplain areas. Wetlands to be
delineated by the Army Corps, DNR or SEWERPC. Floodplain to be delineated by a surveyor.
BE IT FURTHER RESOLVED, That a DXF or COGO file of this CSM be submitted to
the City prior to City signatures being placed upon the CSM (3-1/2" diskette).
THEREFORE BE IT FURTHER RESOLVED, That Plan Commission finds it
appropriate that the petitioner may file with Board of Appeals for approval of variance for
up to five (5) years as requested by petitioner, to allow all outbuildings to remain, and with
allowance for a total of ten (10) livestock.
Plan Department
City of Muskego
Adopted 02-16-99
Defeated
AMENDED
RESOLUTION #P.C.13-99
RECOMMENDATION OF APPROVAL OF A CERTIFIED SURVEY MAP FOR
A TWO (2) LOT LAND DIVISION FOR THE DUVE PROPERTY LOCATED IN THE NW '/4
OF SECTION 33 (TAX KEY NO. 2290.995.002)
WHEREAS, On January 21, 1999 a certified survey map was submitted by Melvin Duve
for a two (2) lot land division in the NW 'A of Section 33, of the Duve property, addressed as
W 187 S 10610 Kelsey Drive, and
WHEREAS, Said Certified Survey Map substantially conforms to that of the Plan
Commission's previously approved sketch review, under Resolution #P.C. 88-98, on May 11,
1998, and
WHEREAS, Said property is zoned R-1, Country Home, requiring a minimum lot size of
80,000 square feet and an average minimum width of 200 feet, and said lots appear to meet said
minimum zoning requirements, and
WHEREAS, The Land Use 2005 Plan depicts this area for agricultural and rural
development, and the proposed lots will be well within the recommended two to five acre
minimum encouraged by the Comprehensive Plan with the R-1 zoning, and
WHEREAS, Said parcels will not be serviced by City sewer and will access water through
private individual well facilities.
THEREFORE BE IT RESOLVED, That the Plan Commission approve of a Certified
Survey Map being submitted creating a two (2) lot land division in the NW '/4 of Section 33 of the
Duve property subject to the delineation of any wetland and floodplain areas. Wetlands to be
delineated by the Army Corps, DNR or SEWERPC. Floodplain to be delineated by a surveyor.
BE IT FURTHER RESOLVED, That a DXF or COGO file of this CSM be submitted to
the City prior to City signatures being placed upon the CSM (3-1/2" diskette).
THEREFORE BE IT FURTHER RESOLVED, That a sunset clause be placed on the
1,350 square foot structure with a primary structure to be constructed within twelve (12) months.
Plan Department
City of Muskego
Adopted 02-02-99
Defeated
Deferred
1-25-99
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