Zoning Board of Appeals- - Minutes 03/24/2005ZONING BOARD OF APPEALS
FINDINGS OF FACTS
A dimensional variance is hereby denied to Steve Klamert, by the Zoning Board of
Appeals of the City of Muskego in Appeal # 03-2005 to permit a 15.37-foot variance
from the required setback, to construct an addition to an existing attached garage at
W141 S7615 Freedom Avenue 1 Tax Key No. 2204.043, based upon the applicant
having not met the specifics of the City Ordinance with respect to granting variances.
It was found that the variance does not preserves the intent of the Municipal Code
because there were not exceptional conditions applying that do not generally apply to
other properties. More specifically, there are other alternatives such as an addition in
another location or an accessory structure to meet the storage needs of the petitioner.
Also, a non -self imposed hardship was not found for the appeal.
Dated this 4t' day of April 2005.
Signed
Dan cheep
Chairman, Zoning Board of Appeals
Signed A,
Adam Trzebiatowski
Associate Planner
ZONING BOARD OF APPEALS MINUTES
CITY OF MUSKEGO
MARCH 24, 2005
Meeting was called to order at 7:06 P.M.
PRESENT: Chairman Dan Schepp, Vice Chairman Henry Schneiker, Dr. Barb Blumenfield, Mr. Horst
Schmidt, Dr. Russ Kashian, Mr. Steve Whittow, Mr. William Le Doux, and Associate Planner Adam
Trzebiatowski.
STATEMENT OF PUBLIC NOTICE: The Secretary stated the meeting was noticed on March 18, 2005,
in accordance with Open Meeting Laws.
NEW BUSINESS: APPEAL #03-2005 Petitioner: Steve Klamert, W141 S7615 Freedom Ave/ Tax Key
2204.043. 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 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.
A setback of 40-feet is required from any right-of-way line on the above mentioned corner lot. The
petitioner seeks a setback of 24.63-feet from the right-of-way to permit the addition/expansion of a
garage, and is therefore requesting a 15.37-foot variance from the southeast property line.
Mr. Schneiker administered the oath to Mr. Klamert. Mr. Klamert explained his family is starting to out-
grow the house and is requesting to add on to the garage for storage. Mr. Klamert stated the addition to
the garage would look better than building an outbuilding in the middle of the back yard because he would
have to follow the setbacks off Independence even in the back yard. Mr. Klamert stated he spoke to the
neighbors and there were no objections to the addition to the garage. Mr. Klamert will be using the
addition to store a boat, which he is currently renting a storage facility for, and bikes. Mr. Klamert
explained he would be repainting the siding on the house to match the addition,
Mr. Schepp asked the petitioner if he considered putting the addition on the back of the garage. Mr.
Klamert explained there is a laundry room off the back.
Mr. Schepp stated he drove past the property and noticed the well is located directly behind the garage,
which would prohibit Mr. Klamert from adding on to the back of the garage.
Mr. Trzebiatowski presented the City's opinion. The lot is located on the corner of Freedom Avenue and
Independence Drive. Since this lot is on a corner, both street sides have a front setback applied to them.
A setback of 40 feat is eam tirorl frnrn nnv right-of-way nn this nnrn nr Int fnr n ctri irtiira. Thara are comp
subdivisions that have established a reduced setback when there are corner lots. Some subdivisions
allow a reduced setback for side streets to be as low as 25 feet, although those were planned
developments and are zoned appropriately. The subdivision in question does not allow for a reduced
side street setback. In an overlook of other corner lots within this area. ail homes seem to conform to the
40-foot requirement. Therefore, staff is recommending denial of appeal 03-2005. 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 parcel. The lot already contains a two -car garage, which is afforded to most other residents
in the City. Plus, there appears to be alternatives for the lot owner in the form of additional space to add -
on within the setbacks or build an accessory structure in the southwestern portion of the lot.
ZBA Minutes
3/24/2005
Page 2
DELIBERATIONS:
APPEAL 03-2005 — Dr. Kashian moved to approve as submitted. Seconded by Horst Schmidt. Mr.
Schepp stated he does not agree with the City on the setback for this corner lot. Mr. Schepp drove by the
property and did not see any safety issues with the sightlines. Mr. Schepp added the location of the well
is a hardship by preventing an addition to the back of the garage. Upon a roll call vote of 3-2, Appeal
03-2005 is denied due to the Board of Appeals vote requirement. The concurring vote of four board
members is required to reverse an order or determination of the zoning administrator, or to grant a
variance or conditional use permit. Dr. Kashian moved to reconsider the vote. Seconded by Mr.
Schmidt. Dr. Blumenfield stated she could not find a hardship for a variance for an addition to store a
recreational vehicle that is currently being stored someplace else. Mr. Schneiker stated he has issues
with taking a conforming lot and turning it into a non -conforming lot. Upon a roll calf vote of 3-2, Appeal
03-2005 is denied based on the voting requirements of the Board of Appeals.
APPROVAL OF THE MINUTES: Mr. Schmidt moved to approve the minutes of January 27, 2005.
Seconded by Mr. Le Doux. Motion carried 7-0.
MISCELLANEOUS: None,
ADJOURNMENT: With no further business to come before this Board. Dr. Blumenfield moved to
adjourn. Mr. Schmidt seconded. Upon voice vote, meeting adjourned at 8:05 PM.
Respectfully Submitted,
Keliie Renk,
Recording Secretary
CITY OF MUSKEGO
ZONING BOARD OF APPEALS AGENDA
March 24, 2005 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 19.65 (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.
OLD BUSINESS
None
NEW BUSINESS
1. APPEAL #03-2005
Petitioner: Steve Kiamert
Residence: W 141 S7615 Freedom Avenue / Tax Key No. 2204.043
REQUESTING: Under the direction of Chapter 17 Zoning Ordinance: Section 3.08(1)
Appeal Provisions, Petitioner seeks the following variances:
Chapter 17—Zonina 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.
A setback of 40-feet is required from any right-of-way line on the above mentioned corner lot. The
petitioner seeks a setback of 24.63-feet from the right-of-way to permit the addition/expansion of a
garage, and is therefore requesting a 15.37-foot variance from the southeast property line.
APPROVAL OF THE MINUTES FROM THE January 27, 2005 MEETING.
MISCELLANEOUS BUSINESS
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
Zoning Board of Appeals Supplement 03-2005
For the meeting of. March 24, 2005
REQUESTING:
Under the direction of 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.
APPELLANT: Steve Klamert
LOCATION: W 141 S7615 Freedom Avenue / Tax Key No. 2204.043
PREPARED BY: Adam Trzebiatowski
BACKGROUND
The petitioner is proposing to expand the existing attached garage that is on the above -mentioned
property. The expansion is 18 feet wide by 30 feet deep. The existing home is currently conforming
in regards to setbacks, offsets, and open space.
The parcel is zoned RS-2, Suburban Residence District and is located in Freedom Acres Addition 1
Subdivision. The lot is located on the corner of Freedom Avenue and Independence Drive. Since
this lot is on a comer, both street sides (right-of-way sides) have a front setback applied to there.
This means that there is a 40-foot setback required from these right-of-way lines. The petitioner
seeks the following variance:
An exception to the required setback from a right-of-way for the district.
A setback of 40 feet is required from any right-of-way on this corner lot (northeast and southeast
property lines) for a structure. The petitioner seeks a setback of 24.63 feet from the right-of-way line
to permit the addition/expansion of an existing attached garage, and is therefore requesting a 15.37-
foot variance from the southeast property line.
DISCUSSION
The petitioner currently has a two -car garage attached to his home and would like to expand that
garage. The proposed expansion places the addition 24.63 feet away from the right-of-way of
Independence Drive. In this subdivision, like most others, any property line that abuts a right-of-way
has a front setback applied to it. There are some subdivisions that have established a reduced
setback when there are corner lots. Some subdivisions allow a reduced setback for side streets to
be as low as 25 feet, although those were planned developments and are zoned appropriately. The
subdivision in question does not allow for a reduced side street setback. In an overlook of other
comer lots within this area, all homes seem to conform to the 40-foot requirement.
Appeal # 03-2005
ZBA 3-24-2005
Page 1
STAFF RECOMMENDATIONS
Denial of Appeal 03-2005, allowing the addition/expansion of an attached garage with a 24.63-
foot setback, a 15.37-foot variance, from the southeast (right-of-way) line; 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.
The lot already contains a two -car garage, which is afforded to most other residents in the
City. Plus, there appears to be alternatives for the lot owner in the form of additional space
to add -on or build an accessory structure in the southwestern portion of the lot.
Appeal # 03-2005
ZBA 3.24-2005
Page 2
Appeal #03-2005
Supplemental Map
FO
ry
0
{NDEPENDENCE DR
N
0 25 w 100 Feet
S[�le:
LEGEND
❑ Agenda ItePetitioner:
ms)
Property 2204.043
^� Right-of-way Steve Klamert
-^- - Hydrography W141 S7615 Freedom Avenue
CITY dF Prepared by City of U—kego
KMOIPlanning Departmen[ Ams of Interest
0snaz00s
CITY OF MUSKEGO BOARD OF APPEALS
APPLICATION FOR DIMENSIONAL VARIANCE
Appellant's Name: Stc.V t-
Subject Property Address: �r c - -i o rin A,/(f..
Telephone: Day: L u ► y-) Evening: C �-A l A) H �-D - o C 5 �!
Property Zoning: LS-Z-
Petitioner's relationship to property (circle applicable):
W--
Date
Requesting variance to Code Section
Tax Key: m c,4
Other
To allow: , -, Lc l d c A i
e
A literal enforcement of the terms of the above -referenced section would result in
practical difficulty and unnecessary hardship because:
c Yl s1 c� r c Jr .) r
%., a ID G T f t. irl
n
, +t-1m, OL(\o' rcc;#;r,( r4A.r\c. \ e 5
The variance, if granted, will not b�contrary to the public interest and will be in accord
with the spirit of the code because: a I I c =1 ca -\f- \ + 4
Cr 4- . ,, 'il,a 1\l,I� \c PC' n r[\.;11'kr•. C1r' \% "\" 4k\ �, tJ �C_ Z,- �1
The variance, if granted, will not adversely affect public safety or jeopardize public
welfare because: Ck l 1 ,3Lr
lb
U b � e- 'orCr
s:1CINHALUPIamlkK 1FORMS\BOA-Dimensional Appeal Application.doc
Last printed 6124r2004 8:47 AM
out-
71 P1ts�af� M
+f l�
13
Ol
FR-ON T F-- t t`vAT I O t\
C
re
co C o�nC�
T e m it"
%X
`b^
one 0 M�A1 O
O� �giMl ?3
m cm
a � « o_ x
w p
�a =i ;
06 00 101,
� e n ns
op-40
Y gam
to 19-ao
IV
� sfArm
0
_1
ro
C
Q'
y N 47 0821 " E
20.00'
.A
.3G-O
—r
a�J)
°
a Ci a
�I
.42
0 , 1
-ti
rV
�x
44- 44'
� 60 •,�a��CLo 0
RQa �89 83 V
'� ?moo
� F o
Y hh,A�
:V
v
o �-,4
v
rn
1-0
145.58
7,N 5258'S0
T
O
mn
c
C