Zoning Board of Appeals- - Minutes 05/24/2000ZONING BOARD OF APPEALS
FINDINGS OF FACTS
A dimensional variance is hereby granted to Joe Graser, by the Board of
Appeals of the City of Muskego to permit a/an the 646 square foot of accessory
structures, specifically a garage located 4.81-feet from the north property line
and 4.48-feet from the west property line, and 69-percent (69%) of the lot area
preserved as open space the installation of the garage and a driveway at W 177
S6987 Wildwood Drive / Tax Key No. 2176.074, based upon the applicant
having met the specifics of the City ordinance with respect to granting variances.
It was found that the variance does preserve the intent of the Municipal Code
because there is practical difficulty in complying with the Zoning Code due to the
pre-existing condition of the home (lack of basement) and location of the home
and detached garage. In addition, there is practical difficulty in complying with
the open space requirement due to the pre-existing condition of the lot
(substandard size). There were exceptional conditions applying that do not
generally apply to other properties. More specifically, the granting of the
variance does not relate to an economic or self imposed hardship because of the
pre-existing conditions, property rights of other property owners are preserved
because it is reasonable to expect two -car garage on a lot and a paved driveway,
and no substantial detriment is caused to an adjacent property.
Dated this 1stday of June 2001.
Signed
Daniel Schepp
Chairman, Zoning Board of Appeals
Signed
Dustin J Wolff
Assistant Plan Director
ZONING BOARD OF APPEALS MINUTES Unapproved
May 24. 2001
PRESENT: Chairman Dan Schepp, Vice Chairman Henry Schneiker, Terry O'Neil, David Conley, Barbara
Blumenfield, Horst Schmidt, Assistant Plan Director Dustin Wolff and Recording Secretary Schroeder,
ABSENT: Mike Brandt
STATEMENT OF PUBLIC NOTICE: Secretary reported notice was provided in accordance with the
Open Meeting Laws.
NEW BUSINESS: APPEAL #03-2001 Petitioner: Joe Graser Residence: W177 S6987 Wildwood Drive 1
Tax Key No. 2176 074 REQUESTING: Under the direction of Chapter 17 Zoning Ordinance- Section
3.08(1) Appeal Provisions, Petitioner seeks the following variances:
Chapter 17—Zoning Ordinance: Section 5.02 Building Location 1 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 An offset of 6 75-feet is
required from the north property line and 10 1-feet is required from the west property line. The petitioner
seeks an offset of 4.81-feet from the north property line and 4.48-feet from the west property line to permit
the construction of a detached garage, and is therefore requesting a 1.94-foot variance from the north
property line and 5.62-foot variance from the west property line.
Chapter 17—Zoning Ordinance: Section 4.05 Accessory Uses and Structures (2) CA. No detached
private garage shall have a floor area greater than 60% of the floor area of the principal building on the lot.
The residence has an assessed first floor area of 1,077 square feet. which allows detached accessory
structures to total 646 SF. The proposed garage is 672 SF and a shed of 194 SF currently exists, totaling
866 SF. Therefore the appellant is requesting a 226 SF variance for the accessory structures.
Chapter 17—Zoning Ordinance: Section 5.08 Existing Substandard Lots The open space requirements
in the case of such lot may be reduced without appeal provided the open area is equal to at least 75% of
the actual lot area. Minimum open space for the property is required in the amount of 7,858 square feet
(75% of the lot area). The proposal will reduce the open space required by 617 square feet (resulting in
69-percent of the lot area preserved as open space) to permit the construction of a detached garage and
asphalt driveway, and is therefore requesting a 6-percent variance.
Zoned- RS-31OED, Suburban Residence District as modified by the Existing Development Overlay
Mr. Schneiker administered the oath to Carol and Joe Graser_
Mr. Graser explained the existing garage needs replacing, that neighbors are complaining about the
disrepair They stated they would like to keep the existing offset. They would like to build a larger garage
because they have no basement and they are in need of storage space. If they were to build it according
to the offset required by the code they would lose a large portion of their yard behind the garage and they
would then need to make a tight turning movement around the house to enter the garage. Mrs. Graser
stated they would not being any closer to the lot line than they are now. In addition, the petitioner would
like to pave the existing gravel drive
Chairman Schepp reminded the petitioners that if they were to attach the garage they could build a larger
garage. Mr. Grasser stated they would not have enough room to make the swing into a side entry garage
due to the width of the lot and location of the home.
Assistant Plan Director Dustin Wolff read a letter from Attorney Poulson representing Harry Krase S69
W17741 Wildwood Drive The letter indicated Mr. Krase objected to the approval of this variance (See
ZBA 5/24/2001
Page 2
attached)
Mr. Wolff stated the property is currently legal. non -conforming with a legal non -conforming detached
garage located 4.81 feet from the north property line and 4.48 feet from the west property line. The lot
itself is legal non -conforming as it has a 67 feet average width and 10.477 square feet. This allows for
2,619 square feet of impervious surface. Currently, the property meets the open space requirements.
However, the proposed paved driveway would require an open space variance of 617 square feet.
Staff recommends approve of Appeal 03-2001 permitting an offset of 4.81 feet from the north property line
and 4.48 feet from the west property line, a 226 square feet variance for the accessory structures allowing
866 square feet on the property, and a 617 square foot variance for the proposed open space; citing
practical difficulty due to the pre-existing condition of the home (lack of basement) and location of the
home and detached garage. In addition, there is practical difficulty in complying with the open space
requirement.
DELIBERATION:
Dr. Blumenfield made a motion to approve the appeal as submitted Henry Schneiker seconded.
Dr Blumenfield stated the Zoning Codes have been updated since Mr. Krase's appeal in 1992 this is not
the same issue as it was then Mr. Wolff added that properties were allowed 720 square feet accessory
by right at the time, and Mr. Krase wished to exceed that value.
Mr. O'Neil stated the irregular shaped size of the lot and storage are valid reasons for a variance. The
degree of the variance would not be adverse to the neighbors
Mr. Conley made a motion to amend the approval to vote individually on each item separately. Mr
Schneiker seconded. Upon roll call vote motion failed 2-3. Schepp, O'Neil and Blumenfield voting nay.
Appeal 03-2001 was voted on by roll call vote, variance granted by a vote of 4-1. Mr. Conley voting nay.
DISCUSSION AND DECISION REGARDING USE OF THE ELECTRONIC VOTING SYSTEM
Mr Wolff informed the Board of the electronic voting system available to them in the Council Chambers.
After a brief discussion, Dr. Blumenfield made a motion to defer using the voting system at this time, but
the Board reserved the right to re -visit the issue in the future. Mr. O'Neil seconded. Upon roll call vote,
motion carried. 5-0
APPROVAL OF THE MINUTES FROM THE FEBRUARY 22, 2001 AND MAY 3, 2001 MEETING.
Mr O'Neil made a motion to approve the minutes from the February 22, 2001 minutes Dr Blumenfield
seconded. Upon roll call vote, motion carried
Mr. Conley made a motion to approve the May 3, 2001 minutes Mr O'Neil seconded. Upon roll call vote,
motion carried.
ADJOURNMENT: With no further business to come before this board. Dr. Blumenfield made a motion to
adjourn at &10 P M. Mr. Schneiker seconded. Upon voice vote, meeting was adjourned.
Respectful.ly s�mit ed,
S�_ � �
Susan J Sc40eder
Recording Secretary
ZONING 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 Alderman's Room at the Muskego City Hall, W182 S8200 Racine Avenue, at 7:00 P.M.,
Thursday, May 24, 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
5. NEW BUSINESS
APPEAL #03-2001
Petitioner: Joe Graser
Residence: W177 S6987 Wildwood Drive f Tax Key No, 2176.074
REQUESTING: Under the direction of Chapter 17 Zoning Ordinance: Section 3.08(1)
Appeal Provisions, Petitioner seeks the following variances:
Chapter 17—Zoning Ordinance: Section 5.02 Building Location
(1) 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.
An offset of 6.75-feet is required from the north property line and 10.1-feet is required from the west
property line. The petitioner seeks an offset of 4.81-feet from the north property line and 4.48-feet
from the west property line to permit the construction of a detached garage, and is therefore
requesting a 1.94-foot variance from the north property line and 5.62-foot variance from the west
property line.
Chapter 17—Zoning Ordinance: Section 4.05 Accessory Uses and Structures
(2) CANo detached private garage shall have a floor area greater than 60% of the floor area of
the principal building on the lot.
The residence has an assessed first floor area of 1,077 square feet, which allows detached accessory
structures to total 646 SF. The proposed garage is 672 SF and a shed of 194 SF currently exists,
totaling 866 SF. Therefore the appellant is requesting a 226 SF variance for the accessory structures.
Chapter 17--Zoninq Ordinance: Section 5,08 Existing Substandard Lots
ZBA 5/24/2001
Page 2
The open space requirements in the case of such lot may be reduced without appeal provided the
open area is equal to at least 75% of the actual lot area.
Minimum open space for the property is required in the amount of 7,858 square feet (75% of the lot
area). The proposal will reduce the open space required by 617 square feet (resulting in 69-percent of
the lot area preserved as open space) to permit the construction of a detached garage and asphalt
driveway, and is therefore requesting a 6-percent variance.
Zoned: RS-3/OED, Suburban Residence District as modified by the Existing Development Overlay
DISCUSSION AND DECISION REGARDING USE OF THE ELECTRONIC VOTING SYSTEM
6. APPROVAL OF THE MINUTES FROM THE MARCH 22, 2001 AND MAY 3, 2001 MEETING.
7. MISCELLANEOUS BUSINESS.
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 15T" day of May, 2001
CITY OF MUSKEGO
BOARD OF APPEALS
Applic&ion for Variance
Applicant's Name
Subject Property Address l c) L `7 -1 f) (4 �7
Telephone 7
Property Zoning: s- 3 OSD
Tax Key #� :! I'I b0 l q
Petitioner's relationship to property (circle applicable): OL
owner lessee
Fee: $200.00
Date inspector denied zoning permit:
Requesting variance to Code Section
other
• • C 11iZ - U2 W W W I I a Wi • ',' L 1
w ti �► a r -
A literal enforcement of the terms of the above -referenced section would result in
practical difficulty and unnecessary hardship because:
^a : Z )A n lyf-fr_ k pig > V F.P � f` Fa g, Lsi) bin F.A
s
The variance, if granted, will not be contrary to the public interest and will be in
accord with the spirit of the code because:
TUG G'AD OX-9: LA i l i m ocr e-1 TAIE 44nu--,Fr Q t-ni - l WIS -rn tj7 nu p_
The variance, if granted, will not adversely affect public safety or jeopardize
public welfare because:
a iu,EAL 5 iu yarxa,% dF i2ER&E ,r�
Reasons for a new garage:
1) Our house has no basement and the larger garage will be used for additional
storage space.
2) The larger garage will allow us to park our vehicles inside.
3) Will improve the appearance of the yard.
4) The existing garage is falling down, has a broken floor, doesn't match the house
and is an eye sore to the neighbors.
s) The new garage would have vinyl siding and shutters that match the house. The
siding color will be pebblestone with green shutters.
b) After the garage is built the yard will be landscaped to match the adjoining
yards.
Garage Specifications:
• Size: 24' wide x 28' long
• 6/12 pitch roof
• 12" eave and 12" gable ends
• black asphalt three tab shingles
• 5" double lap vinyl siding, pebblestone color to match house
• aluminum facia and soffits to match the Douse
• two 3' x 3' windows and one 32" door on the south side
• 16' x 7' steel overhead door, east side
• 2 x 4 wall studs @ 16" O. C.
• 2 x 6 roof rafters @ 16" O. C.
• concrete garage floor 4" thick
TYPICAL FRONT ELEVATION SCALE: I/4" = I'-O"
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