Zoning Board of Appeals- - Minutes 05/03/2001MUSKEGO
DEPARTMENT OF CITY PLANNING
Brian D. Turk
Director of Planning
(262) 679-4136
ZONING BOARD OF APPEALS
FINDINGS OF FACTS
A dimensional variance is hereby granted to Kenneth and Elizabeth
Behrendt, by the Zoning Board of appeals of the City of Muskego to
permit a setback of 4.11 feet from the right-of-way line and a 2.5% open
space variance for the construction of an attached garage at W186 S7701
Lincoln Drive, based upon the applicant having met the specifics of the
City Ordinance with respect to granting variances.
It was found that the variances preserve the intent of the Municipal
Code because there is practical difficulty associated with the existing
location of the residence on a legal non -conforming parcel, there were
exceptional conditions applying that do not generally apply to other
properties. More specifically, the granting of the variance provides the
Behrendt property with rights enjoyed by properties in the immediate
vicinity, the property rights of other property owners are preserved,
and no substantial detriment is caused to an adjacent property.
Dated this I& day of May, 2001.
Signed c,<: >�<` ,`•
Terry O'Neill
Acting Chairman, Zoning Board of Appeals
�v
Signed
Dustin I #olff
AssistaryVPlan Di
W182 S8200 Racine Avenue • Box 749 • Muskego, Wisconsin 53150-0749 • Fax (262) 679-5614
ZONING BOARD OF APPEALS MINUTES
MAY 3, 2001
Meeting was called to order at 7:00 P.M.
PRESENT: Acting Chairman Terry O'Neil, David Conley, Mike Brandt, and Horst Schmidt.
ABSENT: Dan Schepp, Barbara Blumenfield and Henry Schneiker.
STATEMENT OF PUBLIC NOTICE: Meeting was originally noticed April 16, 2001 and amended April
24, 2001.
NEW BUSINESS: APPEAL #02-2001 Petitioner: Kenneth and Elizabeth Behrendt, Residence: W186
S7701 Lincoln Drive / Tax Key No. 2195.113 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 Building Location. Location Restricted: No building shall be hereafter
erected, structurally altered or relocated on a lot except in conformity with the following locational
regulations as hereinafter specified for the district in which it is located. A setback of 25 feet is required
from the edge of the public right-of-way. The petitioner seeks a setback of 4.11 feet to permit the
construction of an attached garage, and is therefore requesting a 20.89-foot variance. Minimum open
space for the property is required in the amount of 6,716 square feet (75% of the lot area). The proposal
will reduce the open space required by 230 square feet (resulting in 72.5% of the lot area preserved as
open space) to permit the construction of an attached garage, and is therefore requesting a 2.5%
variance. Zoned: RS-3/OLS, Suburban Residence District as modified by the Lakeshore Overlay
Mr. Brandt administered an oath to Kenneth Behrendt, Mr. Behrendt stated their desire to replace the
existing detached garage with a three stall attached garage and an addition of a first floor mudroom and
laundry room. He stated that the lot is small and the existing detached garage is located on the edge of
the lot. In addition, he stated that many of the neighbors have garages located near the edge of their
properties. Mr. Behrendt also indicated that there is no other practical location on the property to
building a garage.
Assistant Plan Director Dustin Wolff stated this is a small lot that was originally intended for seasonal
housing with small homes and one -car detached garages. As is the case with many properties around
Little Muskego Lake, these homes are occupied year-round. As such, typically any alteration or
improvement a homeowner proposes to make the home more functional cannot be accommodated
without the need for an exception to a Code requirement. The existing detached garage is located 3 feet
from the property line making it legal non -conforming. The proposed addition would be 22 feet from the
pavement, so this would not result in a safety issue. The abutting properties have similar situations where
the detached garages are located less than two feet from the right-of-way. Staff agrees with the
petitioner stating pre-existing condition of the lot, the location of the residence and garage, and the,
topography of the property result in a practical difficulty in complying with the Code.
DELIBERATION: Mike Brandt made a motion to approve Appeal #02-2001 as submitted. Mr. Schmidt
seconded. Upon roll call vote, Appeal #02-2001 was approved unanimously.
APPROVAL OF THE MINUTES FROM THE MARCH 22, 2001 MEETING: Mike Brandt made a motion
to defer February minutes to the June meeting due to lack of members here that attended that meeting.
Dave Conley seconded. Upon voice vote, motion carried.
MISCELLANEOUS BUSINESS. DISCUSSION AND DECISION REGARDING USE OF THE ELECTRONIC
VOTING SYSTEM. Dave Conley made a motion to defer this item until more members were in
attendance. Mike Brandt seconded, upon voice vote, motion carried unanimously.
ZBA 5/3/2001
Page 2
ORDER OF AUTHORITY: Horst Schmidt made a motion that in the absence of the Chairman and Vice
Chairman, the most senior member shall chair the meeting and the second most senior member shall be
the Vice chairman. Mike Brandt seconded, upon roll call vote, motion carried unanimously.
ADJOURNMENT: At 7:35 P.M. Mr. Brandt made a motion to adjourn. Mr. Conley seconded. With no
further business to come before this board, meeting was adjourned on voice vote.
Respectfully submitted,
Susan J. Schroeder
Recording Secretary
ZONING BOARD OF APPEALS AGENDA *AMENDED MEETING DATE
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 Alderman's Room at the Muskego City Hall, W182 S8200 Racine Avenue, at 7:00 P.M.,
Tuesday, Affil , *Thursday, May 3, 2001, 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
None
S. NEW BUSINESS
APPEAL #02-2001
Petitioner: Kenneth and Elizabeth Behrendt
Residence: W186 S7701 Lincoln Drive / Tax Key No. 2195.113
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 Building Location
Location Restricted: No building shall be hereafter erected, structurally altered or relocated on a
lot except in conformity with the following locational regulations as hereinafter specified for the
district in which it is located.
A setback of 25 feet is required from the edge of the public right-of-way. The petitioner seeks a
setback of 4.11 feet to permit the construction of an attached garage, and is therefore requesting
a 20.89-foot variance.
Minimum open space for the property is required in the amount of 6,716 square feet
(75% of the lot area). The proposal will reduce the open space required by 230 square
feet (resulting in 72.5% of the lot area preserved as open space) to permit the
construction of an attached garage, and is therefore requesting a 2.5% variance.
Zoned: RS-3/OLS, Suburban Residence District as modified by the Lakeshore Overlay
DISCUSSION AND DECISION REGARDING USE OF THE ELECTRONIC VOTING SYSTEM
6. APPROVAL OF THE MINUTES FROM THE MARCH 22, 2001 MEETING.
7. MISCELLANEOUS BUSINESS.
City of Muskego
Zoning Board of Appeals Supplement 02-2001
For the meeting of. May 3, 2001
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 Building Location
Location Restricted: No building shall be hereafter erected, structurally altered or relocated on a lot
except in conformity with the following locational regulations as hereinafter specified for the district in
which it is located.
A setback of 25 feet is required from the edge of the public right-of-way. The petitioner seeks a
setback of 4.11 feet to permit the construction of an attached garage, and is therefore requesting a
20.89-foot variance.
Minimum open space for the property is required in the amount of 6,716 square feet (75%
of the lot area). The proposal will reduce the open space required by 230 square feet
(resulting in 72.5% of the lot area preserved as open space) to permit the construction of an
attached garage, and is therefore requesting a 2.5% variance.
Zoned: RS-3/OLS, Suburban Residence District as modified by the Lakeshore Overlay.
LOCATION: W186 S7701 Lincoln Drive (Tax Key No. 2195.113)
SW 1/4 Section 9
PETITIONER: Kenneth and Elizabeth Behrendt
PREPARED BY: Dustin Wolff
BACKGROUND
The property currently contains a legal, non -conforming detached single car garage located 3.3' from
the right-of-way line.
The primary structure is legal and conforming as it currently meets the required 6' and 8.9' offsets
required by Code.
The lot itself is legal non -conforming as it has a 60-foot average width and approximately 8,955
square feet. This allows for 2,239 SF of impervious surface. Currently, the property meets the open
space requirement. However, the proposed addition would require an open space variance of 2.5%
(230 SF).
DISCUSSION
The two -car, attached garage will replace the single -car, detached garage. The petitioner is limited
by the pre-existing condition of the lot, as the properties around the lake were originally platted very
narrow and small in area, as their use was seasonal in nature. The site is further hindered by the
placement of the residence on the lot which does not allow for additions or alterations to the
residence without encroaching a required setback. Furthermore, the property currently has the pre-
existing condition of a legal, non -conforming detached garage.
ZBA 4-24-2001
Page 2
It is practical to expect that a residence should have a two -car garage available, especially lake
properties. A number of properties in the immediate vicinity to this parcel have similar situations,
wherein additions to the residence or the construction of detached garages have reduced the
proximity to the public right-of-way. The petitioner will still have approximately 20 feet from the front
of the proposed garage to the egde of the roadway. In staff's opinion, no safety concern exists.
STAFF RECOMMENDATION
Approval of Appeal 02-2001 permitting a 4.11 foot setback from the public right-of-way
and a 2.50/o(230 SF) variance for the purposed of open space.
�T
"-4-4 72V - 111f.
,4 i prH ' �D Gib
/.v4PAr&.Y,1• w J rN --W4 c E'
Ex /.r r ,6*'-y • / / f�
d.y7'$y"4,0i" '. rS
9�
yAc-.•rq,,p .ate
TP'o r`
: /t/YJj
1,4�yE j'/yJf
��.�.v -• /70 xp
CITY OF MUSKEGO
BOARD OF APPEALS
Application for Variance
Applicant's Name nJ,c_711 4- >nF LA_1, o 7-
Subject Property Address b IC6 5; 7 7y/ &,,� �c_ez_,,1 ,?•
Telephoned26,Z- 97I- e3a3
Property Zoning: Fs J 01- S,
Tax Key # of I , It 3
Petitioner's relationship to property (circle applicable):
owner lessee other
Fee: $200.00
Date inspector denied zoning permit:
Requesting variance to Code Section
To allow:
0,cdedat= (7,90
/ CAU _
i m TS�c ram.
LINri- .
A literal enforcement of the terms of the above -referenced section would result in
practical difficulty and unnecessary hardship because: iT es i*%,.Ocas3,,aLdj.. 7-a
CT! T ✓ i I/ ' prL
j e i
The variance, if granted, will not be contrary to the public interest and will be in
accord with the spirit of the code because: ia� hzoArcc,� ,�tJ�7,T.on� .•j& w /r ,2ox �,,,,i -
r ; Aw z_ g d T.-eArl)
v .1 .41 -
L VJ z- s' /,A"k
S,
►�S ir,� G ri�S i3 Y ►.. rry �� ; i,v r n/+GJ4o T. S�or� vb' c r-r;-S' U� � +ram
The variance, if granted, will not adversely affect public safety or jeopardize
public welfare because: rv-i— /,�7>ni i.-?j l ("— v--L i&.4- 3--+L-d7J116
_ J
S o Girl' o (Y
l�l lid
Printed version of written text on the enclosed application for variance:
To allow: an addition of approximately 934 sq, ft, including an attached garage (790 sq.
ft), and a new first floor entrance with laundry room (144 sq. ft). The proposed attached
three -stall garage is designed for two cars and a boat with trailer. The proposed garage
replaces the existing single car detached garage that is an existing, non -conforming
structure located approximately 3 ft from the base setback line.
A literal enforcement of the terms of the above -referenced section would result in
practical difficulty and unnecessary hardship because: it is impossible to build a garage
anywhere on the property without violating either front, side, or base setback restrictions.
The small lot size also makes it difficult to stay within the open -space zoning restrictions.
The variance, if granted, will not be contrary to the public interest and will be in accord
with the spirit of the code because: the proposed addition will be approximately one foot
farther from the existing base setback line than the existing detached garage, and will be
no closer to the base setback line than several other garages on Lincoln Dr., and on other
area streets with the same zoning. The storage area provided by the new garage will
improve the neighborhood aesthetics by eliminating the need to store vehicles, boats, or
boat trailers outside
The variance, if granted, will not adversely affect public safety or jeopardize welfare
because: the proposed addition will meet all existing building codes, and provide
sufficient space to park vehicles, boat, and boat trailer indoors, out of sight, and off of
existing right-of-way.
1
It
N
0
ell
`1
bi
r�
x
I
1�
a
U
v o n O *1
w an a —
C y .r T T M •--I �..
.--• O� •� U •r- a O r •--�
z� wv u urn vs
va) .0 c L n c
wLncp• - a) to -Io S
z yr V) w
+ern -
z yr c cr cv i
a o •oiaT o c�0
r c L it •w.- r c o
+� •r N 00 ro L ro. -
w N U O ro N V
c 4- CT C 7 a 4Ch
- 43 a-
z o D�-+CY oV�DOCn ;
W c U p N C r-I
fX +� O In cn >, OD N a "o • a
y- r r p J t L.0
w ro+�3N CH �+5 O•t7 C
m n u = O c a
a w0-0 -1 3 V Ca r-
wcn >,cmv - �+' a
C" i i-+ W I- N - '0
v s` ac ro a Ca U') c z
•\ N L C O CD ro to •"
O +--I O p V) L •--i L-
z U� a ONr,: O
J, u • Cam: 4- W
ro Z O Z wN O
o .c o ro Q .o
:X LL) a 3 M, a �
Cn Q3 to • u - Clt >
••. a ac - Ln to C CV L-
C :3 Z a 0 a O -
r-r 4 A O me rJ J- O r- u LU
0 N- ro i) r-I all
co 4- V1 ct N C 4- n
O O - LD ro O N
�n o x cn c• w z o
M• a •r - r` U N
p\ aY CTC [_)� to
LLJ CO tG C t!1
]C W O E N 4) IV CT
7 =VI 4-3 I O 4-J •• Or
••., i � L C� - - r-
cx - p ro M ro L
C� z C CL O 3 ••
p to T D -- Lfl a s
Z 4J4-.O ••Nr�O U.0
J V)� C 4-'e7Na4 C
.J�o av
to i n n H t L
V1� Q wOr- 1 IOLn
w t^ �o + M -r
ca4-) n Ln V) V) ++ Ln rn
�-. (D ro • C
xvlLL) S v, a
Cr p ., •r 3t u w O c C
Caw r, ]L -* O 't:l O C - 4- er ro 1~
V) n \ CV .O a ►- a CV O
V7 M .--I = Z1 r- J= Q
M w Cu CA L O N 0 a Lfn co a
%0 CT 4) O 4- n S M
ftt OD F- 3 C L V tD L .0
r+ C? • ou a yr C • • CV D
CD -j2-' M to L +o roZ UW lO iJ
w
N -J C
t� iL lL tL lL IL r
Vj N V�
k
ci
Ik
O
ac
\R y w\
ZY
�m
w
v
41
W ( ] J;;
7 WIC•
crZoz�
0
wWWe
Q
J> �c 6
10C,
W Wcc
•
�e
•
z
a
i C
ro
U to 4-
�
Ti N Vl r
iJ
a 1A Or
a c
vt
d. O
a a �T
D
c >
c
ro +� a
a •r
E �
�
a Ln
�
..J C
3
-0 Ln
i7 V1 C T
4-
4 b ro
O O
S ro D b
L L -
L
a 4-; L
1C
+� A
a +J
O u
0
a a o c
a
> i+- ro
4Jr
OD a
c +'
L t a Vr
4)
+J .i,*
a 4J C
a
ui
H
a N
a
aJ +? L a
+J a
{�
>, a a 4-
4- C
Lai
Cl Io
w
w
V L L Cl
O fu
a L
W
• 4) T
S O
'
• "� L w
T
V L a ✓i
in
a
a
y�
x
x u
so a C
V CG
a
x m
In w v> 4
a +)
a r 4-)
L
V7 a L 4
O N
4r. > a s T
4 a 4-
"'
a.0o�to
and
C >, S ro L W
a s 4-
L L
ro a a
.r aJ L
iJ L }�
O O
uU 4:
cam'
L. C
> 1
3 A E
> E
4-a a>1
41 O a u
LOO
vi w
O �c +j
a C L�r d4
41
L
w O L
3 a go
V1 U
r on A
r
y— a p C) T C
Ln M: 3 ¢r ;J. a
d 7a•,
A
t>
d
L
d
y
h