Zoning Board of Appeals- - Minutes 01/27/2000CITY OF
MUSKEGO
jj0
February 8, 2000
Mr. and Mrs. Craig Bennett
S94 W 14554 Groveway Lane
Muskego, WI 53150
RE: Zoning Board of Appeal #02-2000
Dear Mr. and Mrs. Bennett:
DEPARTMENT OF CITY PLANNING
Brian D. Turk
Director of Planning
(262) 679-4136
Please be informed that your appeal from Chapter 17, Section 5.02(3) regarding
offsets has been deliberated by the Zoning Board of Appeals. Your appeal requested
a 5.78 foot side offset variance to permit a second floor addition along the north
property line. The Ordinance requires a 10 foot side offset.
This appeal has been approved and the following hardship cited: pre-existing
condition of the structure's proximity to the property line.
Please contact Dustin Wolff, Assistant Plan Director, in the Planning Department at
679-4136, with any questions regarding this issue.
Sincerely,
Susan J. Schroeder
Recording Secretary
C: Mayor De Angelis
W182 S8200 Racine Avenue • Box 749 • Muskego, Wisconsin 53150-0749 • Fax (262) 679-5614
Appeal 402-2000
Petitioner: Craig and Theresa Bennett
Residence: S94 W14554 Groveway Lane
Muskego, WI 53150
Location of Appeal: Same
Tax Key No. 2252.954
REQUESTING: Under the direction of Chapter 17 Zoning Ordinance: Section
17:3.08(1) Appeal Provisions, Petitioner seeks the following variances:
2. Chapter 17--Zonina Ordinance: Section 5.02(3). Offsets: (3) Offsets: The proximity of a
building to any other lot line than a street line is regulated by offset provisions as follows:
A. No building shall hereafter be erected, structurally altered, or relocated so that it is
closer to any lot line than the offset distance hereinafter specified by the regulations for
the district in which it is located.
Petitioner seeks a 5.78 foot side offset variance to permit a second floor addition along the north
property line. The Ordinance requires a 10 foot side offset.
DECISION OF THE BOARD OF APPEALS
Appeal was granted as requested.
Chairman Schepp
Vice
Conley
Member O'Neil
Member Brandt
approved
approved
approved
approved
/5; 77 approved
approved
Member Wiken (1st Alt.)
absent
Member Barbara Blumenfield (2°d Alt.)
BOARD OF APPEALS MINUTES
CITY OF MUSKEGO
JANUARY 27, 2000
Meeting was called to order at 7:00 P.M.
PRESENT: Chairman Dan Schepp, Vice Chairman Henry Schneiker, Terry O'Neil, Mike
Brandt, David Conley, Chris Wiken and Assistant Planner Dustin Wolff.
ABSENT: Excused absent Barbara Blumenfield.
STATEMENT OF PUBLIC NOTICE: Secretary reported notice was given on January 13,
2000, in accordance with the Open Meeting Laws.
NEW BUSINESS: Appeal #01-2000 Petitioner: Gary Januszewski Residence: 3004
South 151h Street Milwaukee, WI 53215 Location of Appeal: W191 S7691 Racine
Avenue Tax Key Number 2192.982 REQUESTING: Under the direction of Chapter 17
Zoning Ordinance: Section 17:3.08(1) Appeal Provisions, Petitioner seeks the following
variances: Appeal to vacate conditions of approval for appeal granted on September 241h,
1963. Petitioner seeks removal of previous stipulation requiring lot consolidation to allow
the 1963 construction of a detached garage. Purpose is to allow land division as otherwise
permitted by Chapter 17. Zoned: RS-2, Suburban Residence District.
Henry Schneiker administered an oath to Gary Januszewski, Attorney Leonard Schultz and
owner Elsworth Koch.
Mr. Januszewski stated he is requesting relief from a condition on a 1963 Zoning Board of
Appeals approval. The approval permitted the construction of a detached garage and
indicated the property in question could not be subdivided in the future. Mr. Koch has
obtained more land since this stipulation. The business would remain on approximately
one acre. The City has required a second access to finish the condo project, which is why
he wishes to purchase this property.
Dustin Wolff stated the City concurs with petitioner. The legality of the condition is in
question. Regardless, the property will meet the current Code requirements, if divided.
Appeal $02-2000 Petitioner: Craig and Theresa Bennett Residence: S94 W14554
Groveway Lane, Muskego, WI 53150 Location of Appeal: Tax Key No, 2252.954
REQUESTING: Under the direction of Chapter 17 Zoning Ordinance: Section 17:3.08(1)
Appeal Provisions, Petitioner seeks the following variances: Chapter 17--Zoning
Ordinance: Section 5.02(3). Offsets: The proximity of a building to any other lot line than
a street line is regulated by offset provisions as follows: No building shall hereafter be
erected, structurally altered, or relocated so that it is closer to any lot line than the offset
distance hereinafter specified by the regulations for the district in which it is located.
Petitioner seeks a 5.78 foot side offset variance to permit a second floor addition along the
north property line. The Ordinance requires a 10 foot side offset. Zoned: RS-2/01-S,
Suburban Residence District as modified by the Lakeshore Overlay.
Henry Schneiker administered an oath to Craig and Theresa Bennett, petitioners.
Mr. Bennett stated the house was originally built in 1934 and only has 880 square feet.
The house has a stairway going up to the attic making it a perfect location to add on a
BOA 1/27/2000
Page 2
second story. The house unfortunately was built before the zoning code was established.
The structure is legal, non -conforming as it does not meet the side offset requirement.
Dustin Wolff stated this is a cottage style home with substandard square footage per
today's codes. This is similar to many homes built on the lake where they have now
become year-round residences. The existing site conditions have required this to appear
before the Board. Staff agrees approving this appeal lessening the home's degree of non-
conformity.
DELIBERATION:
Appeal # 01-2000 Terry O'Neil made the motion to approve the appeal as submitted.
Henry Schneiker seconded. Upon roll call vote, motion carried. 6-0
Appeal # 02-2000 Mr. Brandt made the motion to approve the appeal as submitted. Mr.
O'Neil seconded. Hardship being pre-existing location of residence on property. Upon roll
call vote, motion carried. 6-0
APPROVAL OF MINUTES OF THE DECEMBER 9, 1999 MEETING: Terry O'Neil made a
motion to approve the minutes as submitted. Mr. Wiken seconded. Upon voice vote,
motion carried.
MISCELLANEOUS BUSINESS: Board of Appeals members requested further clarification
of a granted variance and its ramifications.
ADJOURNMENT: With no further business to come before this board, Terry O'Neil made a
motion to adjourn at 8:15 P.M. Mike Brandt seconded, motion carried.
Respectfully submitted,
Susan ]. tSoeder
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, W 182 S8200 Racine Avenue, at 7:00 P.M., Thursday,
January 27''. 2000, 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. OLD BUSINESS
• Signing of decision letters for the December 9, 1999 meeting.
5. NEW BUSINESS
Appeal #01-2000
Petitioner: Gary Januszewski
Residence: 3004 South 15ei Street
Milwaukee, WI 53215
Location of Appeal: W 191 S7691 Racine Avenue
Tax Key No. 2192.982
REQUESTING: Under the direction of Chapter 17 Zoning Ordinance: Section 17:3.08(1) Appeal
Provisions, Petitioner seeks the following variances:
1. Appeal to vacate conditions of approval for appeal granted on September 24`s, 1963.
Petitioner seeks removal of previous stipulation requiring lot consolidation to allow the 1963 construction of a
detached garage. Purpose is to allow land division as otherwise permitted by Chapter 17.
Zoned: RS-2, Suburban Residence District.
Appeal #02-2000
Petitioner: Craig and Theresa Bennett
Residence: S94 W 14554 Groveway Lane
Muskego, WI 53150
Location of Appeal: Same
Tax Key No. 2252.954
REQUESTING: Under the direction of Chapter 17 Zoning Ordinance: Section 17:3.08(1) Appeal
Provisions, Petitioner seeks the following variances:
Chapter 17--Zoning Ordinance: Section 5.02(3). Offsets: (3) Offsets: The proximity of a building to any
other lot line than a street line is regulated by offset provisions as follows:
BOA 1 /27/2000
Page 2
A. No building shall hereafter be erected, structurally altered, or relocated so that it is closer to any lot
line than the offset distance hereinafter specified by the regulations for the district in which it is
located.
Petitioner seeks a 5.78 foot side offset variance to permit a second floor addition along the north property line.
The Ordinance requires a 10 foot side offset.
Zoned: RS-2/OLS, Suburban Residence District as modified by the Lakeshore Overlay.
6. APPROVAL OF MINUTES OF THE DECEMBER 9, 1999 MEETING.
7. MISCELLANEOUS BUSINESS.
None
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
Dan Schepp, Chairman
Dated this IP day of January, 2000
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 192
S8200 Racine Avenue. (262) 679-5625."
--
CITY OF MUSKEGO i
BOARD OF APPEALS 7
Application for Variance
Applicant's Name � ! eil .K6-1,1 A1C- 77- - Oo O
Subject Property Address s • / / �lS��,! /Z70 L/e t/J 4 V
Telephone 4//4/ -<Z 7 I
Property Zoning: - Z. Tax Key # Z ZSz
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Petitioner's relationship to property (circle applicable):
owner lessee other
Fee: $197.00
Date inspector denied zoning permit:
Requesting variance to Code Section
To allow:
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l„a e 1 /7 i
A literal enforcement of the terms of the ab
difficulty and unnecessary hardship because:
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ove-referenced section would result in practical
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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:
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To: The City of Muskego Board of Appeals
From : Craig and Theresa Bennett
S.94 W.14554 Groveway Ln.
Muskego, Wi. 53151
Ref: Proposed second story addition to the existing dwelling at the above
stated address.
Dear Board of Appeals Members,
We would appreciate your consideration of a variance relateing to offset
requirements and zoneing ordinances.
Please consider the following.
We presently own an 884 sq. ft. Bungalow style home which was constructed
in 1932. It has 2 bedrooms,] bath, kitchen, dining rm,living rm,and a small florida
type room. As is typical of older homes, all of the existing rooms are too small and
inadequate in comparison to the times and in relation to newer constructed homes.
For example, Our master bedroom is 8'-6"x10' with a 2'x3' closet. Bedroom #2
is 8'x9' with no closet. Our kitchen is almost to small to turn around in, and our
living room is more like a hallway than a room, being 19'x9'wide
The existing dwelling as is could be considered sub -standard in comparison
to any average home in the City of Muskego.
In addition to that, the existing plumbing, and h.v.a.c. are out dated and in
need of replacement or updateing.
Based on these facts we find it very neccessary to Remodel and enlarge the
existing dwelling just to bring it up to todays living standards and codes.
Our first thoughts were to construct an addition. Although after considering
possibilities it became apparent that it would be impracticle to construct an addition
to the existing dwelling due to unusual conditions pertaining to this parcel.
First of all, The addition could not go North, as our home is only 4.22' Ft. from the
property line. The addition could not go East with out jogging the addition away
from the property line and there are also (2) 60-80 yr. old oak trees that would have
to be removed.Please consider that we live in a nieghborhood of heavily oak
wooded forest and the removal of any of these beautiful Oaks does not seem
practical, As I am sure that all of our nieghbors will attest. Then, The addition could
not go South because there are (3) 60-80 yr old oaks within 10 ft. of the existing
dwelling and in addition to that, Our well is located approx. 10 ft. to the south of the
dwelling. Last of all, We can,t go to the west either, without jogging away from the
property line and there is an existing hill, dropping approx. 25' down and making it
impractical to construct a suitable structure.
Finally our thoughts of a second story addition seemed to make the most
sense. We feel this addition would greatly inhance the esthetic value and be in the
best interest of the surrounding nieghborhood and the City of Muskego.
I have spoke to my adjacent nieghbors and other surrounding nieghbors conserning
this addition and they all are supportive of this proposed addition.
The existing property is zoned R-S-2 (Suburban Residence) OLS (Lake shore)
The required Minimum side offset per Muskego zoneing ordinance is 10 Ft.
Our existing homes offset is 4.22 Ft. at its nearest point.
We would need a 5.88 Ft. Variance to the existing zoneing ordinance to complete
our second story addition.
Finally, It is our intent to increase the dwellings total sq. footage to
approx. 2,038 sq. Ft. (the second story addition and add 1 story, 10' addition to
living rm.) This would now meet the minimum floor area required for R-S-2
zoneing. (1400 sq. Ft.)
All other zoneing requirements should be met.
Minimum lot size
Minimum lot width
Required
13,200 sq ft.
72.6 ft.
proposed
24,000
80' at the road
120' at the lake
Open space minimum per dwlg. 9,900 sq. ft. 211806
Required
setback 25'
Offset on one side (from lake shore) 50'
Offset Min. all other sides (variance needed to comply)
10' / 13.4'
Min. fl. area per dwlg. unit 1400 sq. ft.
Fl. area lot ratio max. 25 percent
proposed
92.57'
251.42'
4.22'/ 65'
2038 sq. ft.
11.78 percent
Dear Board members: It is our intent to to create adequate living space to the
to the existing dwelling with the least amount of disruption
or impact to the existing property. Thank -you sincerley
for your consideration.
Craig and Theresa Bennett
To: Todd & Dawn .lahns
5.94 W.14574 Groveway Ln.
Vuskeao_ Wi. 533 150
From: Craig & T'.:cresa Bcnrictt
S. 94 W. 14554 Groveway Ln.
Muskego, Wi. 53150
Dear. Todd & Dawn
As 1 discussed with you last week, Terri & I are applying for a land dimensional variance to the Muskego Board of
appeals. Our intent is to construct a second story addition following the existing footprint of our existing home.
This would also include a one story living Rm. addition toward the lake. This addition would extend 1(P from Cur
existing living Rrn. and would be fivsh with the existing sun -room. The new living Rm. will not extend beyond the
existing sun room so as not to obstruct your view of the lake.
It has been suggested that I contact my surruonding nieghbors concerning this construction, and I would appreciate
your comments or concerns pertaining to it.
please check one of the following and sign and return this letter as I will need to show it to the board of appeals at
our meeting scheduled for January,27th, 2000.
1)-------- I Oject to the proposed construction
2)--------- 1 approve of the proposed construction although I do have questions or concer s.
1)-- --- f have no objections and I approve of the proposed construction.
------_.______-_ • .......................��
Sig'n$teare
—L,1r5�dJ►�1-----��'-----------------
Signatut
Thank -you sincerley Craig & Theresa Bennett
Date
Date
To ; Keith and Linda .lahns
S.44 W.14542 Groveway Ln.
Muskego, Wi. 53150
From. Craig & Theresa Bennett
S. 94 W. 14554 Groveway Ln.
Nluskego, Wi. 53150
Dear. Keith and Linda
As I discussed with you last week, Terri & I are applying for a land dimensional variance to the Muskego Board of
appeals. Our intent is to construct a second story addition following the existing footprint of our existing home.
This would also include a one story living Rm. addition toward the lake. This :addition would extend 10' from our
existing living km. and would be flush with the existing sun -room. The new living Rm. will not extend: beyond the
existing sun room so as not to obstruct your view of the lake.
It has been suggested that l contact my sum:onding nieghbors concerning this construction, and I would appreciate
your comments or concerns pertaining to it.
please check one of the following and sign and return this letter as I will need to show it to the board of appeals at
our meetinLz scheduled for lanuaty,27th, 2000.
l )-------- I Object to the proposed construction
2)--------- I approve of the proposed construction although I do have questions or concerns.
3)--ter=--- I have no objections and I approve of the proposed construction.
je— ---�-�� -----------------
4t4iattuire
_ � _.. ark .............
Signature'
Thank -you sincerley Craig & Theresa Bennett
COMMENTS :------------------
Date
Date
To: Mark and Sally Slocomb
5.94 W.14487 Ryan Rd.
Muskego, W i. 53150
From: Craig & Theresa Bennett
5.94 W.14554 Groveway Ln.
Muskego, Wi. 53150
Dear Mark and Sally,
Terri and I are applying for a land dimentionai variance with the Muskego board of appeals.
Our intent is to construct a second story addition following the existing footprint of our existing
home.
This would also include a one story addition to our existing living Rm. toward the lake. This
addition would extend 10' toward the lake and be flush with the existing sunroom.
It has been suggested that I contact my surrounding neighbors concerning this construction, and
we would appreciate any comments or concerns pertaining to it.
As the property owner accross the street from our home it may be of particular interest to you
pertaining to your view of the lake. I want you to know that the addition will increase the hieght
of the existing roof line by approx. 4'-6". It is our belief that this would cause minimal to no
impairment of your view of the lake.
Please check one of the following and sign and return this letter as I will need to show it to the
board of appeals at our meeting scheduled for 3anuary,27th,2000.
1)------------- I object to the proposed construction
2)---------- -- I approve of the proposed construction although I do have questions or concerns.
3)----A---- I have no objections and approve of the proposed construction.
---------- Z-oq
Signature Datc
-------------- - --- �' L� --- 1 ` 43_- C
Signature lute
Comments:
Thank -you sincerley Craig and Theresa Bennett
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