Zoning Board of Appeals 03-1997CITY OF
USKEGO
February 28, 1997
Donald M. Peil
W 194 S7057 Hillendaie Drive
Muskego, WI 53150
RE: Appeals #03-97
W194 S7057 I illendale Drive
Dear Mr. Peil,
DEPARTMENT OF CITY PLANNING
Matthew G. Sadowski, Plan Director
(414) 679-4136
The Board of Appeals wishes to advise you that Appeal #03-97 was denied due to lack of
a sufficient hardship. You have 30 days in which to relocate the structure and reduced the
height within the proper regulations required in the underlying zoning district or raze the
structure. A Building and Zoning Permit is required for either of the stated options.
Should you have any further questions, please notify Carlos Trejo from the Plan
Department at 679-5674.
Sincerely,
skvs-k—
Susan J. Schroeder
Recording Secretary
CC' Matt Sadowski, Plan Director
Alderman D'Acquisto
Mayor De Angelis
W182 S8200 Racine Avenue • Box 903 9 Muskego, Wisconsin 53150-0903 • Fax (414) 679-5614
CITY OF MUSKEGO
BOARD OF APPEALS
MINUTES OF BOARD OF APPEALS MEETING HELD ON FEBRUARY 27, 1997.
PRESENT: Chairman O'Neil, Michael Brandt, James Ross, Heather
Schuster, and Ed Herda.
ABSENT: Dan Schepp, Henry Schneiker.
Secretary reported that the meeting was properly noticed in
accordance with the Open Meeting Law.
MINUTES: Mr. Herda made a motion to approve the minutes of January
23, 1997, as submitted. Ms. Schuster seconded. Upon voice vote,
the minutes of January 23 1997, were approved unanimously.
OLD BUSINESS
Signing of decision letter from the January 23, 1997 meeting.
NEW BUSINESS
Appeal # 02-97 Dean A. Lubecke, W183 S6526 Jewel Crest Drive,
Muskego, WI 53150 REQUESTING: Under the direction of Section
3.08 (1) Appeal Provisions, Petitioner seeks one (1) variance: 1.
Chapter 17--Zoning Ordinance: Section 4.06 (2) A Legal
Nonconformity: Classification and Regulation - Nonconforming
Structure. Said regulation restricts expansion or enlargement of a
nonconforming structure except within conformity of the zoning
district. Petitioner seeks to repair, alter and expand said
structure over 50% of its current fair market value.
Zoned: RS-3/OLS, 10,000 S.F. Suburban Residence
Chairman Terry O'Neil stepped down as chairman, Vice Chairman
Brandt took over chairmanship of meeting.
Mr. Trejo explained this appeal had been adjourned from the January
23, 1997, meeting to allow the petitioner time to obtain a drawing
of what was built as well as calculations. Mr. Trejo stated on
February 14th, Mr. Lubecke only submitted a revised application for
the Board of Appeals.
Mr. Brandt made a motion to deny hearing this appeal due to the
lack of sufficient information. Ms. Schuster seconded. Upon roll
call vote, motion to deny passed unanimously.
Mr. Trejo explained to Mr. Lubecke his options are to relocate the
existing structure to meet the proper setback and offset required
for the zoning district or raze the building.
Mr. O'Neil resumed chairmanship of the meeting. Ms. Schuster
removed herself from hearing Appeal #03-97 as the immediate
neighbor is a client of hers.
Appeal # 03-97 Donald M. Peil, W194 S7057 Hillendale Drive,
BOA 02/27/97
Page 2
Muskego, WI 53150 REQUESTING: Under the direction of Section 3.08
(1) Appeal Provisions, Petitioner seeks two (2) variance: 1.
Chapter 17--Zoning Ordinance: Section 5.02 (3) A Building Location:
Offsets. Said regulation requires a minimum 15' offset from the
northern property line. Petitioner seeks a 9 foot variance to
permit a 16' X 24' Accessory Structure 6 feet from the northern
property line. 2. Chapter 17--Zoning Ordinance: Section 5.03 (1)
Height: Maximum Height Restricted. Said regulation restricts the
height of an accessory structure to 15 feet. Petitioner seeks a 2'
variance to permit a 17' high accessory structure.
Zoning RS-2.
Mr. Trejo explained the zoning and explained the size of this lot.
Plan Commission approved an accessory structure 24' x 16' at the
January meeting. Plan Commission stated a variance would be
required from the Board of Appeals to allow this structure to stay
at this location.
Mr. Brandt administered an oath to Mr. Peil. Mr. Peil explained to
the Board of Appeals the reasoning behind erecting a structure at
this location. Mr. Peil also explained his concern about removing
trees from this lot. Mr. Peil went into detail describing an
ongoing dispute with his neighbor directly to the north and that
neighbors on both sides of his property have received variances for
structures on their properties.
Ms. Schuster returned to her seat at the Board.
Appeal # 04-97 Nick Macht,W186 S6709 Crest Drive, Muskego, WI
53150 REQUESTING: Under the direction of Section 3.08 (1) Appeal
Provisions, Petitioner seeks two (2) variance:
1. Chapter 17--Zoning Ordinance: Section 5.02 (3) A Building
Location: Offsets. Said regulation requires a minimum 15' offset
from the northern property line. Petitioner seeks a 6 foot
variance to permit a 16' X 24' Accessory Structure 9 feet from the
northern property line. 2. Chapter 17--Zoning Ordinance: Section
5.03 (1) Height: Maximum Height Restricted. Said regulation
restricts the height of an accessory structure to 15 feet.
Petitioner seeks a 2' variance to permit a 17' high accessory
structure.
Mr. Trejo explained the zoning and the unique location of this lot
having streets on three sides. Mr. Trejo also distributed copies
of the Muskego Volunteer Fire Company report on fire damage.
Mr. Brandt administered an oath to Mr. Macht.
Mr. Macht stated he wishes to rebuild his garage on the same
location with the same foundation. The proposed garage structure
will not exceed the garage ruined by fire.
DELIBERATION
BOA 02/27/97
Page 3
APPEAL #03-97 Mr. Herda made a motion to deny a variance as
submitted due to lack of hardship. After no second, Mr. Herda
rescinded his motion.
Discussion ensued regarding hardship. The question was raised if
these two variances could be voted on separately.
Mr. Herda made a motion to deny the variance for an offset due to
lack of hardship. Mr. Brandt seconded. Upon roll call vote motion
to deny was unanimous. (Ms. Schuster did not vote).
More discussion ensued regarding hardship for the height of the
building and the height of the walls.
Mr. Herda made a motion to deny a height variance due to lack of
hardship. Mr. Brandt seconded. Upon roll call vote the motion
passed; 3 yea and 1 nay.
APPEAL #04-97 Mr. Brandt made a motion to approve a variance as
submitted due to fire damage. Mr. Herda seconded. Upon roll call
vote, motion to approve was granted unanimously.
MISCELLANEOUS BUSINESS
None
ADJOURN
Mr. Herda made a motion to adjourn. Mr. Ross seconded. Upon voice
vote and with no further business to come before this board, the
meeting was adjourned at 9:45 P.M.
Respectfully submitted,
Susan J. S roeder
Recording Secretary
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 Wisconsin
Room at the Muskego City Hall, W182 S8200 Racine Avenue, at 7:00
P.M., Thursday, February 27, 1997, 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 23, 1997 MEETING
5. OLD BUSINESS
1. Signing of decision letter from the January 23,
1997 meeting.
6. NEW BUSINESS
Appeal # 02-97
Dean A. Lubecke
W183 S6526 Jewel Crest Drive
Muskego, WI 53150
REQUESTING: Under the direction of Section 3.08 (1)
Appeal Provisions, Petitioner seeks one (1) variance:
1. Chapter 17--ZoningOrdinance: Section 4.06 (2) A
Legal Nonconformity: Classification and Regulation -
Nonconforming Structure. Said regulation restricts
expansion or enlargement of a nonconforming structure
except within conformity of the zoning district.
Petitioner seeks to repair, alter and expand said
structure over 50% of its current fair market value.
Zoned: RS-3/OLS, 10,000 S.F. Suburban Residence
Appeal # 03-97
Donald M. Peil
W194 S7057 Hillendale Drive
Muskego, WI 53150
REQUESTING: Under the direction of Section 3.08 (1)
Appeal Provisions, Petitioner seeks two (2) variances:
BOA 02/27/97
Page 2
1. Chapter 17--Zoning Ordinance: Section 5.02 (3) A
Building Location: Offsets. Said regulation requires a
minimum 15' offset from the northern property line.
Petitioner seeks a 6 foot variance to permit a 16' X 24'
Accessory Structure 9 feet from the northern property
line.
2. Chapter 17--Zoning Ordinance: Section 5.03 (1)
Height: Maximum Height Restricted. Said regulation
restricts the height of an accessory structure to 15
feet. Petitioner seeks a 2' variance to permit a 17'
high accessory structure.
Appeal # 04-97
Nick Macht
W186 S6709 Crest Drive
Muskego, WI 53150
REQUESTING: Under the direction of Section 3.08 (1)
Appeal Provisions, Petitioner seeks one (1) variance:
1. Chapter 17--Zoning Ordinance: Section 5.02 (2) B
Building Location: Setbacks. Said regulation requires
a minimum 50.5 foot setback from the center line of the
road. Petitioner seeks a 9.1 foot variance to replace
a 20' X 24' Accessory Structure 41.4 feet from the
center line of the Emerald Drive.
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
Terry O'Neil, Chairman
Dated this 14th day of February, 1997
BOA 02/27/97
Page 3
pLEASE NOTE: 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 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 :ean X. Marenda, city Clerk, at Muskego City Hall, 679-5625.
Also, Board of Appeals members may conduct site visits for informational purposes.
10-15 PCMIN; PAGE 2
Discussion ensued there are no conflicts with future road
patterns. However, Staff requested a copy of drainage and
development plans to confirm there would not be any drainage
impact on City. Staff had received drainage plans today and
had not had an opportunity to review before this meeting.
(Planner's Note: Drainage plans reviewed by Mr. Sadowski
10/16/96. Development in subwatershed which does not drain
into Muskego). Upon a voice vote, Resolution #P.C. 198-96 was
Adopted unanimously.
RESOLUTION #P.C. 199-96 -- Approval of a Second Garage
Structure for Craig and Peggy Demski for the property located
at S67 W21153 Tans Drive. Commissioner Schaumberg made a
motion to approve. Alderman Salentine seconded. Discussion
ensued that the petitioner proposes to raze structure built in
1958 and replace and relocate with a larger structure.
Although a variance had been granted in 1993 for another
similar structure on this property, the new location of subject
structure does not --meet the offset requirement of zoning
district. Plan Commission approves new structure subject to
Board of Appeals granting a variance in terms of size and
location. Upon a roll call vote, Resolution #P.C. 199-96 was
Adopted unanimously.
RESOLUTION #P.C. 200-96 -- Approval of an existing
nonconforming - non permitted 16' X 24' accessory structure by
Donald M. Peil for the property located at W194 S7057
Hillendale Drive. Commissioner Hulbert made a motion to
approve. Alderman Salentine seconded. Discussion ensued that
petitioner built a structure without building and zoning
permits. Structure exceeds height and offset requirements. A
variance for height and location must be granted from the Board
of Appeals. Mayor De Angelis read a letter from Mr. Roger
Johnston stating his concerns and opposition to approving
this structure. Upon a roll call vote, Resolution #P.C. 200-96
was Defeated unanimously.
NEW BUSINESS:
RESOLUTION #P.C. 201-96 -- Recommendation by the Plan
Commission to hold a Public Hearing to Amend the Overlay
Planned Development of the Meadow Green West Addition No. 2
Subdivision to re -delineate existing wetland boundaries.
Alderman Salentine made a motion to approve. Commissioner
Schaumberg seconded. Director Sadowski expressed concerns over
loss of open space. Suggested that 200 foot wide preservation
strip be enacted on lots 98, 99, 100, 102-107. Commissioner
Vitt made a motion to Amend resolution to state, BE IT FURTHER
RESOLVED, That lots 98, 99, 100, 102-107 will require a
preservation reserve of 100 feet along the back of each lot
(for a total of 200 feet in width) to preserve wooded areas as
originally intended. Commissioner Hulbert seconded. Upon a
voice vote, Resolution #P.C. 201-96 was Amended with a vote of
3-2. Mayor De Angelis, Commissioners' Vitt and Hulbert voting
yes; Alderman Salentine and Commissioner Schaumberg voting
CITY OF MUSKEGO
BOARD OF APPEALS
Application for Variance
Applicants Name DoV41,P In. EiL
Subject Property Address: &)If vS 70�7 f%GLCE'���A�E 2K._
Telephone 67�7- 9S14
Property Zoning�RS-2 Key # 2-IPS().984
Petitioner's relationship to property (circle applicable):
owner lessee other
Fees: $125.00
Date inspector denied permit:
Requesting variance to Section
To allow:
�A literal enforcement of the terms of the above -referenced section
would result in practical difficulty and unnecessary hardship
because: I
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fihe variance, if granted, will not be f6ontrary 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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CONSTRUCTION INFORMATION SHEET
Address of Property r)/9y ,S 7C.�7 //cIZ-C
The zoning district s-
The setback requirement 4b Offset Requirement rD 15-
Type of Structure
Storage Shed
Barn
Garage
Pole Barn
Size of Structure J& )( 2,4 Size of Lot
Proposed Use of Structure
Parking
Cold Storage
Will Building Require:
Electrical Service/Wiring
Plumbing
Flammable Storage
Housing of Livestock
List all items to be stored within proposed structure:
(equipment, materials, supplies, vehicles, etc.)
49
� P4
'Signature of Petitioner
Address Phone Date
PlNiwing & Development D t d
October 14, 1996
Mr. Matthew G. Sadowski
Director of Planning
Zoning Administrator
Department of City Planning
W 182 S8200 Racine Avenue
Box 903
Muskego, WI 53150-0%3
REF: Resolution # P.C. 200-96 and Appeal # 28- 96
Dear Mr. Sadowski,
We are opposed to any variance in regards to the subject garage primarily for the following reasons:
- If this was a new non -built structure, it would not be allowed.
- During a recent construction addition to our property, we had some short term city ordinance
violations many of which were due primarily to weather conditions. One violation included a tool
shed which is too close to the property line. We were directed by the city to move this shed 25 feet
from the property line with no offer of a variance as an option.. We now have the approval for
relocating the shed when our properties can be combined January 1, 1997.
Our violations and shed location were objectionable to the petitioner who instigated a city inspection
of our property by complaining to the city. It is unclear to us why we are required to adhere to a
25 ft. offset while the requirement for the adjacent property is only a 15 ft. offset. Inspection of the
subject structure is a good example of why the ordinance is in effect. It looks like a 17 ft. fence.
- Prior to the building of the subject structure, the petitioner installed a paved driveway without proper
permits. The city discovered this and took the normal actions. Thereafter, the subject structure was
built without the proper permits_ This shows flagrant disregard of the city ordinances and should be a
factor in the appeal determination.
In summary, the city's decision on this matter will disclose whether it is best to follow proper
procedure and secure building permits or to just build first and get permits and assessments when
fnreed to
Sincerely,
eoorr-�- -2�9-e-
Roger L. Johnston
W 194 S7031 Hillendale Drive
Muskego, WI 53150
cc. Mayor DeAngelis
Ald. D'Acquisto
READ
MUSKEGO PLANNING
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