Zoning Board of Appeals- - Minutes 02/23/2006ZONING BOARD OF APPEALS
FINDINGS OF FACTS
A dimensional variance is hereby granted to Randy Girard, by the Zoning Board of
Appeals of the City of Muskego in Appeal #02-2006(A) to permit the installation of
required mechanicals (pumps, filter, etc.) for an in ground pool, permitting an 8-foot
variance at S70 W18871 Gold Dr / Tax Key 2180.941, based upon the applicant having
met the specifics of the City Ordinance with respect to granting variances.
A dimensional variance is hereby granted to Randy Girard, by the Zoning Board of
Appeals of the City of Muskego in Appeal #02-2006(B) to permit the installation of a 42"
walkway along the eastern side cf the property, permitting a 2-foot variance at S70
W18871 Gold Dr 1 Tax Key 2180.941, based upon the applicant having met the
specifics of the City Ordinance with respect to granting variances.
A dimensional variance is hereby granted to Randy Girard, by the Zoning Board of
Appeals of the City of Muskego in Appeal #02-2006(C) to permit paving of a 1,643
square foot driveway, 18 square foot pad for pool mechanicals and 159 square foot
decking around the pool totaling 1,820 square feet, permitting a 3.2-percent (336
square foot) variance at S70 W18871 Gold Dr I Tax Key 2180.941, based upon the
applicant having met the specifics of the City Ordinance with respect to granting
variances.
It was found that the variance preserves the intent of the Municipal Code because there
were exceptional conditions applying that do not generally apply to other properties.
More specifically, the granting of all three variances are based on the hardship of the lot
being only 30-feet wide. The pool mechanicals will be in the best possible location on
this property and will be fully enclosed to dampen the noise. The sidewalk will be 1-
foot off the house to prevent tilting and drainage towards the house and safety
concerns with the proposed crank out windows. Finally, the driveway will be paved to
reduce sediment run off and dust. The property rights of other property owners are
preserved, and no detriment is caused to adjacent properties.
D this 27th day of Fe ruary 2006.
Signed w �--
Dan Schepp
Chairman, Zoning Board of Appeals
Signed l ��
Kellie Renk, Recording Secretary
ZONING BOARD OF APPEALS MINUTES
CITY OF MUSKEGO
FEBRUARY 23, 2006
Meeting was called to order at 7:07 P.M
PRESENT: Chairman Dan Schepp, Mr. Horst Schmidt, Mr. William Le Doux, Mr. Richard Ristow and
Associate Planner Adam Trzebiatowski.
EXCUSED: Dr. Barb Blumenfield, Mr. Henry Schreiker and Dr. Russ Kashian
STATEMENT OF PUBLIC NOTICE: The Secretary stated the meeting was noticed on February 17,
2006. in accordance with Open Meeting Laws.
NEW BUSINESS:
APPEAL #02-2006 Petitioner: Randy Girard, S70 W 18871 Gold Drive 1 Tax Key No. 2180.941.
REQUESTING under the direction of Chapter 17 Zoning Ordinance: Section 3.08(1) Appeal Provisions,
Petitioner seeks the following variance:
A. Chapter 17 — Zoning Ordinance: Section 6.06 — Outdoor Recreational Facilities (7)A. Pumps and
filter equipment shall in no case be closer than 20 feet to a property line and shall be adequately
housed and muffled. Chapter 17:6.06(7)A. states that pool pumps and filters must be no closer
than 20 feet to the lot line of a property. The appellant is requesting to install the required
mechanicals (pumps, filter, etc.) for their in -ground pool and is proposing them with an offset of
12 feet from each side lot lines and is therefore requesting a 8-foot variance from the Code
requirement from each of the side lot lines.
B. Chapter 17 — Zoning Ordinance: Section 4.05 — Accessory Uses and Structures (2)G. Walks,
drives, paved terraces, mechanical appurtenances for all single-family and two family structures
(such as air conditioners. venting, and service panels), and purely decorative garden
accessories (such as pools, fountains, statuary, flag, poles, etc.), where subject to "permanent
structure" classification shall be permitted in setback and offset areas but not closer than 3-feet
to an butting property line other than a street line. (Ord. #1100-04-18-02) Chapter 17:4.05(2)G.
states that any walks must be no closer than 3 feet to the lot line of a property. The appellant is
requesting to install a walkway along the eastern side of their property and is proposing it with an
offset of 1-foot from the side lot line and is therefore requesting a 2-foot variance from the Code
requirement.
C. Chapter 17 — Zoning Ordinance: Section 5,07 0 Open Space (1) Minimum Required: No building
shall be erected, structurally altered or relocated on a lot so as to reduce the usable open area of
such lot to less than that hereinafter specified by the regulations for that district. The minimum
open space required for the property is 6,666 square feet (64.2 percent) per the RS-310LS
requirements. The current open space with just the house is 8,150 square feet, resulting in 78.5-
percent of the lot area being preserved as open space, which is conforming. The Appellant is
proposing to pave a 1,643 square foot driveway, pave a 18 square foot area for the pool
mechanicals and pave 159 square foot decking around the proposed pool, totaling, 1,820 square
feet. These items combined with the house (totaling 4,046 square feet) leave 6,330 square feet
of open space, resulting in 61-percent of the lot area being preserved as open space, and is
therefore requesting a 3.2-percent variance to the Code requirement.
Chairman Schepp swore in Randy Girard and Adam Trzebiatowski.
Mr. Girard stated he inherited this property from his grandfather. Mr. Girard explained it is a narrow lot
and has worked with the Plan Department on the location of the house. Mr. Girard stated he is requesting
three appeals. The first is for the pool pump. Mr. Girard stated the pump will be 5112 feet below grade
and surrounded by a retaining wal{. The pump will also be under a deck. Mr. Girard further stated he will
be purchasing a quieter pump.
ZBA Minutes
2/23/2006
Page 2
The second appeal is to install a walkway one foot off of the house, 3.5 feet wide. Mr. Girard stated he is
requesting to make the walkway 3.5 feet wide to accommodate a wheelchair. There will be no stairs, only
a ramp.
The third request is for a paved driveway. Mr. Girard stated he considered using brick pavers but would
like to use asphalt for maintenance and durability.
Mr. lie Doux questioned if there will be any doors from the house along the side walkway. Mr. Girard
stated there will only be one door, but there will be windows that crank out along the walkway.
Mr. Schmidt questioned if the neighbors objected. Mr. Girard stated the neighbors did not object.
Mr. Trzebiatowski gave the City's opinion based on the Zoning Code. As noted the petitioner is requesting
three different variances. They are organized by A, B C.
A. The code state that any pool mechanicals must be located at least 20 feet away from all lot lines. Due
to the narrowness of this lot, the petitioner is requesting to place the mechanicals in the middle of the lot,
which is the best place under this circumstance. This will leave 12-feet on each side of the equipment.
The petitioner has stated that the mechanicals will be enclosed on the side by two 5'8" high stone
retaining walls. The petitioner also states there will be a deck above to help dampen the sound. Based
upon the hardship relating to this property of the narrowness of the existing lot and the proposed
placement of the mechanicals within the center of the lot, staff recommends approval of this portion of the
variance with the condition that all mechanicals must be enclosed on all sides to ensure the dampening of
the equipment noise.
Mr. Trzebiatowski questioned what the motor housing area on the plans would be used for. Mr. Girard
explained it is for a child safety cover for the pool. The motor is for an electric winch and will only run to
open and close the cover on the pool.
B. The code states any walks must remain at least 3-feet away from all lot lines. The petitioner would
like to construct a 42-inch walkway 1 foot off of the eastern lot line. This will leave the walkway 1 foot
away from the house. centered between the house and the lot line. Based upon the 3-foot code
requirement staff recommends for denial of this portion of the variance. The walkway can be placed right
next to the house and it can be reduced in size to 2.5 feet. This would not require a variance and
preserve the integrity of the Zoning Code. Since there is no specific need/requirement for a 3.5-foot
walkway, a 2.5-foot walkway should be more than sufficient to access the rear of the property.
C. The Code states that this lot must maintain/preserve at least 6,666 square feet as open space. The
approved house consumes 2,226 square feet of open space, which leaves 8,150 square feet as open
space. This is within the code requirements. The petitioner is proposing three other asphalt/concrete
areas that when combined with the house square footage, will require a variance. The petitioner is
proposing to add 1,643 square foot concrete/asphalt driveway, a 159 square foot concrete pool deck, and
an 18 square foot concrete pad for the pool mechanicals. The pool deck and sidewalk are under the limit
and could be installed without a variance. The driveway puts the lot 336 square feet over the allowed
limit, which is a 3 percent variance from the code requirement. Based upon the information given, staff is
recommending approval citing the driveway should not hamper the surrounding neighborhood and in the
past the Board has stated every property owner should be offered the opportunity for paved access to
their home. A concretelasphalt driveway also helps keep down on dust and reduces sedimentation run
off.
Mr. Trzebiatowski noted he checked with the Building Inspectors and there are no ADA requirements for
single-family homes related to wheelchairs.
APPEAL_ #08-2005 Petitioner: Michael Birkley, W144 S7931 Durham Dr(Tax Key No. 2213.984.
REQUESTING under the direction of Chapter 17 Zoning Ordinance: Section 3.08(1) Appeal Provisions,
Petitioner seeks the following variance: Chapter 17- Zoning Ordinance: Section 6.03 Conditional Uses
ZBA Minutes
2123120a6
Page 3
(1)A. Appeal Required: Uses listed as permitted by conditional grant may be permitted in the district in
which listed upon petition for such grant to the Plan Commission and subject to the approval of the Plan
Commission and to such other conditions as hereinafter designated.
A conditional use grant was denied for the above -mentioned property on September 6, 2005, for the
operation of a Tree Service/Landscape business. The petitioner is seeking an appeal regarding the Plan
Commission denial of the Conditional Use Grant.
Mr. Trzebiatowski explained the Planning Department has received new information that Mr. Birkley has a
lease in another community that will be effective Saturday February 25, 2006. By the next meeting it may
be possible to deny this appeal without prejudice.
DELIBERATIONS:
APPEAL 02-2006 A — Mr. Schmidt moved to approve the appeal as submitted. Seconded by Mr.
Ristow. Mr. Schepp stated he agreed with approving this appeal based on the hardship of the
narrowness of this 30-foot wide lot. Mr. Schepp also agreed with the staff recommendation of requiring
the mechanicals to be being fully enclosed to dampen the noise. Upon a roll call vote appeal
02-2006 A is approved 4-0.
(Mr. Schmidt requested taking the appeals out of order. There were no objections)
APPEAL 02-2006 C — Mr. Schmidt moved to approve the appeal as submitted. Seconded by Mr. Le
Doux. Mr. Schmidt stated he is in favor of the approval based on historically the Board has approved
paved driveways to keep sediment from running into the lake. Mr. Schepp also added the hardship of the
narrowness of lot again being 30 feet wide. Upon a roll call vote appeal 02-2006 C is approved 4-0.
APPEAL 02-2006 B — Mr. Le Doux moved to approve the appeal as submitted. Seconded by Mr.
Schmidt. Mr. Le Doux. stated he is in favor of approving this appeal to allow for space between the
house and the sidewalk. The sidewalk up against the house would be dangerous with crank out
windows. Mr. Le Doux feels it is good to plan ahead to accommodate a wheelchair. Mr. Schepp agreed
it would be a bad idea to place the sidewalk up against the house as it may begin to tilt in towards the
house in time, and there could also be a safety issues for children with the sidewalk being too close to the
crank out windows. Mr. Schepp stated the hardship is the narrowness of the lot only being 30 feet wide.
Upon a roll call vote appeal 02-2006 B is approved 4-0.
APPEAL 08-2005 — Mr. Schmidt moved to defer until the regular meeting of April 2006. Mr. Ristow
seconded. Upon a roll call vote appeal 08-2005 is deferred 4-0.
APPROVAL OF THE MINUTES: Mr. Schmidt moved to approve the minutes of January 26, 2006.
Seconded by Mr. Ristow. Motion carried 4-0.
MISCELLANEOUS: Mr. Trzebiatowski explained the Zoning Code changes are on the Common Council
agenda for Tuesday February 28, 2006, If approved the required votes to overturn staff recommendation
will be majority and not super majority, as required in the past. The final Council resolution will be
included fn the packet for the next meeting.
ADJOURNMENT: With no further business to come before this Board, Mr. Schmidt moved to adjourn.
Mr. Le Doux seconded. Upon voice vote, meeting adjourned at 7:43 PM.
Respectfully Submitted,
Keliie Renk, Recording Secretary
CITY OF MUSKEGO
ZONING BOARD OF APPEALS AGENDA
February 23, 2006 7:00 PM
Muskego City Hall, Muskego Room, W182 S8200 Racine Avenue
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
STATEMENT OF PUBLIC NOTICE
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 appeals described below. The Board of Appeals will then reconvene
into open session.
OLD BUSINESS
1. APPEAL #08-2005
Petitioner: Michael A. Birkley
Property: W144 S7931 Durham Drive 1 Tax Key No. 2213.984
REQUESTING: Under the direction of Chapter 17 Zoning Ordinance: Section 3.08(1) Appeal Provisions,
Petitioner seeks the following variance:
Chapter 17—Zoninq Ordinance: Section 6,03 Conditional Uses
(1)A. Approval Required: Uses listed as permitted by conditional grant may be permitted in
the district in which listed upon petition for such grant to the Plan Commission and
subject to the approval of the Commission and to such other conditions as hereinafter
designated.
A conditional use grant was denied for the above -mentioned property on September 6, 2005 for the
operation of a Tree Service/Landscape business. The petitioner is seeking an Appeal regarding the
Plan Commission denial of the Conditional Use Grant. Detaiied descriptions are available for public
inspection in the Planning Department. All interested parties will be given an opportunity to be heard.
NEW BUSINESS
1. APPEAL #02-2006
Petitioner: Randy Girard
Property: S70 W 18871 Gold Drive 1 Tax Key No. 2180.941
REQUESTING: Under the direction of Chapter 17 Zoning Ordinance: Section 3.08(1) Appeal
Provisions, Petitioner seeks the following variance:
ZBA 2/23/2006
Page 2
A. Chapter 17—Zonin Ordinance: Section 6.06 — Outdoor Recreational Facilities
(7)A. Pumps and filter equipment shall in no case be closer than 20 feet to a property line and
shall be adequately housed and muffled.
Chapter 17:6.06(7)A. states that pool pumps and filters must be no closer than 20 feet to the lot line of a
property. The appellant is requesting to install the required mechanicals (pumps, filter, etc.) for their in
ground pool and is proposing them with an offset of 12 feet from each side lot lines and is therefore
requesting a 8-foot variance from the Code requirement from each of the side lot lines.
B. Chapter 17—Zonin Ordinance: Section 4.05 — Accessory Uses and Structures
(2)G. Walks, drives, paved terraces, mechanical appurtenances for all single-family and two-
family structures (such as air conditioners, venting, and service panels), and purely
decorative garden accessories (such as pools, fountains, statuary, flag poles, etc.),
where subject to "permanent structure" classification shall be permitted in setback and
offset areas but not closer than 3 feet to an abutting property line other than a street
line. (Ord. #1100 - 04-18-02)
Chapter 17A.05(2)G. states that any walks must be no closer than 3 feet to the lot line of a property. The
appellant is requesting to install a walkway along the eastern side of their property and is proposing it with
an offset of 1-foot from the side lot line and is therefore requesting a 2-foot variance from the Code
requirement.
C. Chapter 17—Zonin Ordinance: Section 5.07 — Open Space
(1) Minimum Required: No building shall be erected, structurally altered or relocated on a
lot so as to reduce the usable open area of such lot to less than that hereinafter
specified by the regulations for that district.
The minimum open space required for the property is 6,666 square feet (64.2 percent) per the RS-31OLS
requirements. The current open space with just the house is 8,150 square feet, resulting in 78.5-percent
of the lot area being preserved as open space, which is conforming. The Appellant is proposing to pave a
1,643 square foot driveway, pave a 18 square foot area for the pool mechanicals, and pave 159 square
foot decking around the proposed pool, totaling 1,820 square feet. These items combined with the house
(totaling 4,046 square feet) leave 6,330 square feet of open space, resulting in 61-percent of the lot area
being preserved as open space, and is therefore requesting an 3.2-percent variance to the Code
requirement.
CLOSED SESSION
OPEN SESSION
APPROVAL OF THE MINUTES FROM THE JANUARY 26, 2005 MEETING.
MISCELLANEOUS BUSINESS
None.
ADJOURN
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.
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 Janice Moyer, City
Clerk/Treasurer at Muskego City Hall, (262) 679-5625.
City of Muskego
Staff Representative Brief
Zoning Board of Appeals Supplement 02-2006
For the meeting of. February 23, 2006
REQUESTING:
Under the direction of Chapter 17 - Zoning Ordinance:
A. Section 6.06 — Outdoor Recreational Facilities
(7)A. Pumps and filter equipment shall in no case be closer than 20 feet to a property
line and shall be adequately housed and muffled.
B. Section 4.05 — Accessory Uses and Structures
(2)G. Walks, drives, paved terraces, mechanical appurtenances for all single-family
and two-family structures (such as air conditioners, venting, and service panels),
and purely decorative garden accessories (such as pools, fountains, statuary, flag
poles, etc.), where subject to "permanent structure" classification shall be
permitted in setback and offset areas but not closer than 3 feet to an abutting
property line other than a street line. (Ord. #1100 - 04-18-02)
C. Section 5.07 — Open Space
(1) Minimum Required: No building shall be erected, structurally altered or relocated
on a lot so as to reduce the usable open area of such lot to less than that
hereinafter specified by the regulations for that district.
APPELLANT: Randy Girard
LOCATION: S70 W 18871 Gold Drive 1 Tax Key No. 2180.941
CITY'S POSITION PRESENTED BY: Adam Trzebiatowski, City Staff Representative
BACKGROUND
The petitioner has recently received approvals for a new home on Little Muskego Lake. They now are
seeking three variances. They are as follows:
A. To located pool mechanicals (filter, heater, etc.) 12 feet from each side lot line, which requires an
8-foot variance from each side lot line. (Chapter 17:6.06(7)A.)
B. To construct a 3.5-foot wide brick paver walkway 1-foot away from the eastern side lot line, which
requires a 2-foot variance from the eastern lot line. (Chapter 17:4.05(2)G.)
C. To install a 1,643 square foot concrete/asphalt driveway, an 18 square foot concrete area for the
pool mechanicals, and a 159 square foot concrete area around the proposed pool. The total of
these concrete/asphalt areas is 1,820 square feet, which when combined with the house footprint
totals 4,046 square feet. This then requires a 336 square foot variance (3.2%) to the open space
requirement. (Chapter 17:5.07(1))
The parcel is Zoned RS-3/OLS, Suburban Residence District with a Lake Shore Overlay. The lot is
located off of Gold Drive on Little Muskego Lake.
Appeal # 02-2006
ZBA 02-23-2006
Pagel of 3
DISCUSSION
The petitioner recently received a permit to construct a new home on this property. The petitioner is
requesting to install a pool with the necessary mechanicals, install a brick paver walkway, and install a
concrete/asphalt driveway on their property. The pool it self does not need a variance at this time.
As noted above the petitioner is requesting three different variances. They are organized by A., B., and
C.. Each variance will be talked about separately below.
A. The code states that any pool mechanicals (filter, heater, etc.) must be located at least 20 feet away
from all lot lines. Due to the narrowness of this lot (30 foot wide lot), the petitioner is requesting to
place the mechanicals within the middle of the lot, which then leaves 12 feet on each side of the
mechanical equipment. The petitioner has stated that the mechanicals will be enclosed on the side by
two 5-8" high stone retaining walls. The petitioner also states that there will be a deck above to help
dampen the sound. It is stated that the Whisperflo pump was selected because of the reduced
decibel level the pump puts out. Finally the petitioner stated that if necessary, an external cover could
be placed over the entire assembly.
Based upon the hardship relating to the narrowness of the existing lot and the proposed placement of
the mechanicals within the center of the lot, staff recommends approval of this portion of the variance
with the condition that all mechanicals must be enclosed on all sides to ensure the dampening of the
equipment noise.
B. The code states that any walks must remain at least 3 feet away from all lot lines (other than the street
line). The location on the lot where the walkway is proposed is between the house and the eastern lot
line. Within this space there is 5.5 feet of clearance. The petitioner has stated that they would like to
construct a 42-inch walkway 1 foot off of the eastern lot line. This will leave the walkway 1 foot away
from the house, centered between the house and the lot line.
Based upon the 3-foot code requirement, staff recommends for denial of this portion of the variance.
The walkway can be placed right next to the house and it can be reduced in size to 2.5 feet. This
would then not require a variance and preserve the integrity of the Zoning Code. Since there is no
specific need/requirement for a 3.5-foot walkway, a 2.5-foot walkway should be more than sufficient to
access the rear of the property.
C. The code states that this lot must maintain/preserve at least 6,666 square feet as open space. The
approved house consumes 2,226 square feet of open space, which leaves 8,150 square feet as open
space. This is within the code requirements. The petitioner is proposing 3 other asphalt/concrete
areas that when combined with the house square footage, will require a variance. The petitioner is
proposing to add a 1,643 square foot concrete/asphalt driveway, a 159 square foot concrete pool
deck, and an 18 square foot concrete pad for the pool mechanicals. The concrete pad for pool
equipment and the concrete for the pool deck all can still be installed without a variance. The only
question at hand is in regards to the driveway. The driveway puts the lot 336 square feet over the
GIIowe V Illl lll, YYIIfGII IO Q V percent variance II VI11 LfIG code lGgUII GIIIGtII.
Based upon the information given, the driveway should not hamper the surrounding neighborhood and
in the past board has stated that every property owner should be offered the opportunity for paved
access to their home. A concrete/asphalt driveway also helps keep down on dust and furthers the
Best Management Practices and Policies of the City by reducing sedimentation in run-off.
BASED UPON THE FOREGOING, THE CITY STAFF REPRESENITIVE RESPECTFULLY REQUESTS:
A. Approval of Appeal 02-2006(A), allowing a 12-foot offset from both side lot lines for the
installation of pool mechanicals (filter, heater, etc.), requiring a 8-foot variance from both side
lot lines, citing that there is practical difficulty in complying with all aspects of the Code for
this property due to the narrowness (30 feet wide) of this lot, which is a non -self imposed
Appeal # 02-2006
ZBA 02-23-2006
Page 2 of 3
hardship. Staff recommends that the approval of this variance is subject to the complete
enclosure of the mechanicals to help ensure sound dampening.
B. Denial of Appeal 02-2006(B), allowing a walkway within 1 foot of the eastern lot line, requiring a
2 foot variance, citing that the variance does not preserve the intent of the Zoning Ordinance
because there are not exceptional conditions applying to the parcel that do not apply to other
properties. Also, a non -self imposed hardship is not found for the appeal.
There is the ability to install a 2.5-foot walkway 3 feet away from the eastern lot line. This
would then preserve the code requirement and still allow adequate access to the rear of the
lot.
C. Approval of Appeal 02-2006(C), allowing the installation of a 1,643 square foot concretelasphalt
driveway on the property, requiring a 336 square foot variance (if the pool deck and the pool
mechanical slab were installed), citing that there is practical difficulty in complying with all
aspects of the Code for this property due to the distant placement of the approved house off
of the roadway and the addition of the asphalt driveway should not hamper the surrounding
neighborhood, but actually help it by reducing sedimentation in run-off.
Appeal # 02-2006
ZBA 02-23-2006
Page 3 of 3
Appeal #02-2006
Supplemental Map
CITY OF MUSKEGO BOARD OF APPEALS
APPLICATION FOR DIMENSIONAL VARIANCE
Appellant's Name: _,(
Subject Property Address:
Telephone: Day: Evening: u L ` '` 4 7,2_40
Property Zoning: Tax Key:.
Petitioner's relationship to property (circle applicable):
EwnDr, Lessee Other
Date inspector denied zoning permit:
Requesting variance to Code Section
To allow:
A literal enforcement of the terms of the above -referenced section would result in
practical difficulty and unnecessary hardship because:
� I0 c SE k_ c� c�.[_ � Su m•
The variance, if granted, will not be contrary to the public interest and will be in accord
with the spirit of the code because:
�_,>l Szszat�-e�c�,_c1, S1r.
The variance, if granted, will not adversely affect public safety or jeopardize public
welfare because:
S:NCIFYHALL1Planning%FORMS\BOA-Dimensional Appeal Application.doc
Last printed 6/24/2004 8:47 AM
SUBMITTAL REQUIREMENTS FOR DIMENSIONAL VARIANCE REQUESTS
At the direction of the Zoning Board of Appeals, the following information is required to
be submitted with the application (10 copies of each):
• For any variance pertaining to a parcel of land, a Plat of Survey, prepared by a
Registered Land Surveyor, must be submitted. The Plat of Survey must be
dated, with no time requirements, and include the original seal of the surveyor.
Plat of Survey must contain the following:
1. The parcel in question with dimensions, bearings and a description of the
exterior boundaries_
2. Abutting streets, properties, lakes and/or rivers, etc.
3. Location and size (with dimensions and area) of any existing buildings or
structures.
4_ Ordinary High-water Mark, 100-year Flood Elevation, 2-foot about the 100-
year Flood Elevation, Easements, etc.
5. Location and size of culverts, ditches, trees, wells, septic system, retaining
walls, driveways, sidewalks, patios, or any other items pertinent to the
variance requested —including area calculations.
6. Elevations at corners of parcel, building corners, grade breaks and any other
elevations pertinent to the variance requested.
7. Proposed building, structure or appurtenance for which the variance is being
requested.
■ The scaled construction drawings of the appurtenance, addition, or structure for
which the variance is being requested.
■ Fee in the amount of $200.00 Account # 100.01.18.03.4327
SIGNATURE OF APPELLANT DATE
SIGNATURE OF OWNER (if different)
DATE
PLEASE BE INFORMED THAT ANY LEGAL, ENGINEERING AND ADMINISTRATIVE
FEES INCURRED BY THE CITY, IN THE PROCESS OF REVIEVnNG A PROPOSAL OR
APPLICATION, BUT NOT INCLUDED IN THIS FEE SCHEDULE, VWILL BE CHARGED
BACK TO THE PETITIONER I APPLICANT I OVMER I DEVELOPER FOR 100%
RECOVERY. (Ch. 3.08510rd. #909)
S:ICITYHALL1Ptanning\FORMS180A-Dimensional Appeal Appiication.doc
Last printed 6/24r2Q04 8:47 AM
Topic l
To allow the 10'-0" allotment from a Iot line to a pool be reduced to 8'-8 %z" at the widest
point. The pool is to be installed parallel to the lot lines in order to be as close to the code
allowance as possible. Please see drawing V 1, topic 1 area, for visual. Attached is a
snapshot of the proposed pool and a dimensional drawing.
Topic 2:
To allow the 25'-0" allotment from a lot line to a pool pump assembly be reduced to 12'-
0". The pool pump assembly will be enclosed by (2) 5'-8" high stone retaining walls on
each side and a wood deck above to trap most of the sound within the area. A Pentair
Whisperflo pump has also been selected because of the reduced decibel level designed
into it. There is enough area allowed to install an external cover over the assembly if it is
deemed necessary. Please see drawing V 1, topic 2 area for plan view, drawing V3 detail
"A" -"A" for an elevation. Attached is the data on the Whisperflo pump and a snapshot of
a typical pool pump assembly.
Topic 3:
To allow the 3'-6" allotment from a lot line to a sidewalk be reduced to 12". Because of
the setbacks from each lot Iine on the 30' lot are 3'-6" and 5'-6", the larger of the two
was selected for the passageway along the house. For access to the water, a ramp was
chose instead of stairs for possible handicap access_ I believe a standard width for a
handicap walkway is a minimum of 36"so to be safe the sidewalk was set to be 42" wide.
With the 5'-6' width, by centering the sidewalk between the house and the lot line leaves
12" along the house and 12" along the lot line. Please see drawing V1, topic 3 area for
visual.
Topic 4:
To allow the 75% open space allotment be reduced to 60% by allowing the driveway to
be a permanent structure of concrete or asphalt. As the lot is configured, overall square
footage is roughly 10050 sq. ft. (30'x335'). The basement and the pool deck account for
near 2500 sq.fI. which is below the allowable 25% designated for permanent structure.
The reasoning to install concrete or asphalt is a durability and extended life of the surface
issue because of the weight of the vehicle traffic. Please see drawing V2, topic 4 area for
visual.
A literal enforcement of the terms o the above -re Lrenced section would result in
practical di,�iculty and unnecessary hardship because: of the unusual condition of the lot
being only 30' in width throughout the entire length of the property.
The variance, ifzrantad,will not be contrary to the public interest and will be in accord
with the spirit of the code because: in the area that the lot is located, there are several 30'
wide lots. The people that live in the area would not find it very unusual for some of the
following requests because they have also had to deal with similar conditions.
The variance,_ ifgranted, will not adversely affect public safety or jeopardize public
welfare because: the items being discussed are minor infractions on the code. They will
have minimal effect or annoyance to the surrounding neighborhood.
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