Zoning Board of Appeals 03-1999April 23, 1999
Mr. and Mrs. James Pokorny
W207 S8144 Hillendale Drive
Muskego, WI 53150
RE: APPEAL #3-99
Dear Mr. and Mrs. Pokorny:
The Board of Appeals wishes to advise that your appeal from Chapter 17, Section
5.02(3) Building Location and your appeal from Section 4.05(2)C.6 were both
granted.
Please be advised building and zoning permits are required prior to commencing with
construction on your property.
Should you have any questions, please contact Dustin Wolff at 679-5674.
Sincerely,
Susan J. Schr eder
Recording Secretary
Appeal #03-99
James and Jill Pokorny
Residence: W207 S8144 Hillendale Drive
Muskego, WI 53150
Tax Key No. 2229.987
REQUESTING: Under the direction of Chapter 17 Zoning Ordinance: Section 173.08(1) Appeal
Provisions, Petitioner seeks the two (2) following variances:
1. Chapter 17--Zoning Ordinance: Section 5.02(3) Building Location: No structure shall be erected,
structurally altered or relocated on a lot except within conformity with the district it is located. Petitioner
seeks a 10.65 foot variance to erect a principal structure (a single family residence) with a 3.67 foot offset
from the north property line. The Ordinance requires a 14.32 foot side yard offset per Section
17:5,02(3)A.1.
2. Chapter 17 Zoning Ordinance: Section 4.05(2)C.6: No detached private garage shall be erected,
structurally altered or relocated so that any roofed or enclosed portion thereof is closer than 10 feet to the
principal building on the lot. Petitioner seeks a 5.0 foot variance to construct an addition to the existing
residence.
Zoned: RS-1, Suburban Residence District as modified by Section 17:5.02(3)A.1.
DECISION OF THE BOARD OF APPEALS
Motion to approve as submitted.
/ Approved
Ch � n O'Neil
� Approved
Vice Chairman
Approved
Approved
Membe�rSch e p
Approved
Member nd
Approved
Member Conley (1st Alt.)
Approved
Member (2nd Alt.)
CITY OF MUSKEGO
MINUTES OF APRIL 22, 1999
PRESENT: Chairman Terry O'Neil, Henry Schneiker, Mike Brandt, Dan Schepp, Dave Conley and Acting Plan
Director Dustin Wolff.
STATEMENT OF PUBLIC NOTICE: Secretary reported notice was given April 8, 1999, in accordance with
the Open Meeting Laws.
MINUTES: Henry Schneiker made the motion to approve the March 25, 1999, minutes as submitted. Dave
Conley seconded. Upon voice vote, motion carried.
OLD BUSINESS: Signing of decision letter for March meeting.
NEW BUSINESS: Appeal #03-99, James and Jill Pokorny, W207 S8144 Hillendale Drive,
Tax Key No. 2229.987, REQUESTING: Under the direction of Chapter 17 Zoning Ordinance: Section 17 :3.08(1)
Appeal Provisions, Petitioner seeks the two (2) following variances:
1. Chapter 17--Zoning Ordinance: Section 5.02(3) Building Location: No structure shall be erected, structurally
altered or relocated on a lot except within conformity with the district it is located. Petitioner seeks a 10.65 foot
variance to erect a principal structure (a single family residence) with a 3.67 foot offset from the north property
line. The Ordinance requires a 14.32 foot side yard offset per Section 17:5.02(3)A.1.
2. Chapter 17 Zoning Ordinance: Section 4,05(2)C.6: No detached private garage shall be erected, structurally
altered or relocated so that any roofed or enclosed portion thereof is closer than 10 feet to the principal building on
the lot. Petitioner seeks a 5.0 foot variance to construct an addition to the existing residence.
Zoned: RS-I, Suburban Residence District as modified by Section 17:5.02(3)A.1.
Mr. Schneiker administered an oath to Mr. and Mrs. Porkorny, Mrs. Porkorny questioned who made visits to her
site because she had not been notified prior to a visit as she requested. Mr. O'Neil stated it is the policy of the
board to visit without notifying the homeowner, however, he also did not go on the property. Mrs. Porkorny stated
they intend to build twenty-three feet back and even with the house to add on a family room and a bathroom. This
addition will be 3.66 feet from the north property line, keeping in line with the original house. The house was
built in 1949-50, the Porkorny purchased it ten years ago. Mr. Porkorny stated the hardship is the pre -exiting
location of the residence on the north lotline. The detached garage was built in the 1970's. This property is
serviced by City water and sewer.
Acting Director of Planning Dustin Wolff stated this property received a discount on the offsets because of its size.
Mr. Wolff also remarked about the Kenosha Lawsuit that went before the Supreme Court regarding self imposed
hardship.
The question arose regarding moving the garage and placing the addition on the south. Mr. Porkorny stated that is
where the bedrooms are and the house does not flow that way.
DELIBERATION: Mr. Brandt made a motion to approve the variance as submitted. Mr. Schneiker seconded.
Upon roll call vote motion carried, 5 - 0.
ADJOURN: With no further business to come before this board, Mr. Schepp made a motion to adjourn at 8:00
BOA 4/22/99
Page 2
P.M. Mr. Conley seconded. Upon voice vote, meeting was adjourned.
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, April
22, 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 MARCH 25, 1999 MEETING.
5. OLD BUSINESS
• Signing of decision letters for the March 25, 1999 meeting.
6. NEW BUSINESS
Appeal #03-99
Petitioner: James and Jill Pokorny
Residence: W207 S8144 HillendaIe Drive
Muskego, WI 53150
Location of Appeal: W207 S8144 HiIIendale Drive
Tax Key No. 2229.987
REQUESTING: Under the direction of Chapter 17 Zoning Ordinance: Section 17:3.08(1) Appeal
Provisions, Petitioner seeks the two (2) following variances:
1. Chapter 17--Zoning Ordinance: Section 5.02(3) Building Location: No structure shall be erected,
structurally altered or relocated on a lot except within conformity with the district it is located. Petitioner
seeks a 10.65 foot variance to erect a principal structure (a single family residence) with a 3.67 foot offset
from the north property line. The Ordinance requires a 14.32 foot side yard offset per Section
17:5.02(3)A.1.
2. Chapter 17 Zoning Ordinance: Section 4,05(2)C.6: No detached private garage shall be erected,
structurally altered or relocated so that any roofed or enclosed portion thereof is closer than 10 feet to the
principal building on the lot. Petitioner seeks a 5.0 foot variance to construct an addition to the existing
residence.
Zoned: RS-I, Suburban Residence District as modified by Section 17;5.02(3)A.1,
7, Miscellaneous Business.
None
NOTICE OF CLOSED SESSION:
CITY OF MUSKEGO
BOARD OF APPEALS
Application for Variance
Applicant's Name James and Jill Pokorn
Subject Property Address W207 S8144 Hillendale Drive
Telephone 679-0133
Property Zoning RS-1
Petitioner's relationship to property (circle one)
owner lessee
Fee $197.00
Date inspector denied permit:
Tax Key # 2229 987
other
Requesting variance to Section 17: 8. 06 (3) j -1 4. o -� (20 C_ Cr
To allow:
A 227' addition to the east side of the house located at W207 S8144 Hillendale Drive. The
addition will be 3.67ft from the northern Property border the same as the existing house.
A literal enforcement of the terms of the above -referenced section would result in practical
difficulty and unnecessary hardship because:
our house is a non -conforming structure and the lot is to narrow to meet code. No other feasible
options for expansion exist. This results in the existing property being of no use. There is no self-
imposed hardship grounds for this variance. The addition will not cutoff access to public
highway, the lot is not being subdivided and no deed restrictions exist.
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 existing_ property was built in the 1950's 3.67ft from the northern property line. Adding 237'
to the east side of the house not avoroachina anv closer to the northern DroDertv line will have no
impact on neighboring residents.
The variance, if granted, will not adversely affect public safety or jeopardize public welfare
because:
the onlv impact will be on our Drooerty and have no impact on the essential character of the
neiehborhood. The imnact to the eeneral Public would be minimal if anv due to the nature of this
proposal.
WZo7S6/44 NDAL[:
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March 19, 1999
To Whom It May Concern:
We understand that Mr. and Mrs. ,lames Pokorny, W207 S8144, Hillendale Drive,
would like to put on an addition to their present residence. We are also aware that
their home is approximately 3 feet from our southern lot line. The original plot offered
for sale was a fifteen acre parcel of land and we had the option to buy all fifteen
acres in 1946. Unfortunately, my late wife and I did not have the funds to buy the
whole parcel and so we purchased 8.2 acres with the balance being purchased by the
Halbrucker family. Their parcel was then divided into three homesite lots.
The home that the Pokornys have as their residence is one of the three homes built.
Prior to city approval and without our knowledge, the original builder placed this
home in an existing valley so as not to have to pay for a deep excavation. The valley
was a natural drainage for our surface water and we discovered the situation upon
arriving home after work one day. At the time the only remedy offered by the city
was to provided us with land fill. Being good neighbors, we did not contest the
placement and have lived with the lack of good surface drainage ever since.
This is to state that neither my wife nor myself have any objection to the expansion
of the Pokorny residence, as long as it does not further encroach onto the existing
lot line and does not alter any drainage flow.
.r�
red A4Washa Ma
W207 S81 14 Hillendale Drive
Muskego, WI 53150
Phone: 679-0884
e A. Washa
We the undersigned, neighbors of Jill & Jim Pokorny support and do not oppose the proposed variance
and addition to their house at W207 S8144 Hillendale Drive. The addition will extend 227' from the east
side of the house. It will be 3.67' from the north property line, same as the existing house.
We understand the building code states a building should be at least 20' from any property line. The
existing house built in the early 1950's is 3.67' from the north property line. A variance must be given by
the City of Muskego Board of Appeals before a permit is granted.
As neighbors, we feel that the addition will not affect the area adversely with regard to the environment
and public interest.
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C''� SEC /B• S~�G l��
State of Wisconsin W �/.a
County of Waukesha y- TP x t i f irate
5� c .'s - s- - a o
u I, the undersigned, do hereby certify that I have made the survey of the lands shown on the
within plat and have correctly represented the principal lines and measurements thereof and of the build-
ings shown therson. Cam'
Dated this 19 day of Ju4 19� Surveyor