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Zoning Board of Appeals 03-2007ZONING BOARD OF APPEALS FINDINGS OF FACTS A dimensional variance is hereby denied to Andrew Castona, by the Zoning Board of Appeals of the City of Muskego in Appeal #03-2007 to permit the construction of a new home requiring 2-foot variance from the eastern (front) right-of-way line and 2.85-foot variance from the western (rear) right-of-way line on lot 2 of Weatherwood Courts Subdivision 1 Tax Key No. 2257.184, 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 preserve 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 removing the front garage bump out and the kitchen bump out in the rear or re -designing the house to fit the lot. Also, a non -self imposed hardship was not found for the appeal. Dated this 291h day of June 2007. Signed Barb Blumenfield J Acting Chairman, Zoning Board of Appeals Signed Kellie Renk Recording Secretary ZONING BOARD OF APPEALS MINUTES CITY OF MUSKEGO June 28, 2007 Meeting was called to order at 7:07 P.M. Those in attendance recited the Pledge of Allegiance. PRESENT: Chairman Dan Schepp (7:15 PM), Dr. Barb Blumenfield, Mr. Horst Schmidt, Mr. William Le Doux, Dr. Russ Kashian, Mr, Richard Ristow and Planner Adam Trzebiatowski. ABSENT: Vice Chairman Henry Schneiker STATEMENT OF PUBLIC NOTICE: The secretary stated the meeting was noticed on June 19, 2007 in accordance with open meeting laws. NEW BUSINESS: Appeal #03-2007 — Petitioner: Andrew Castona, lot 2 of Weatherwood Courts Subdivision on Weatherwood Court 1 Tax key No. 2257.184. REQUESTING: Under the direction of Chapter 17 Zoning Ordinance: Section 3.02 Zoning Board of Appeals, 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 iot 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 lines on the above mentioned lot. The lot in question has right-of-way along the front of the parcel and the rear of the parcel. The petitioner seeks a setback of 38-feet from the eastern (front) right-of-way line and a setback of 37.15-feet from the western (rear) right-of-way line to permit the construction of a new home, and is therefore requesting a 2-foot variance from the eastern (front) right-of-way line and a 2.85-foot variance from the western (rear) right-of-way line. Acting Chairman Blumenfield swore in Mr. and Mrs. Castona and Adam Trzebiatowski. Mr. Castona explained he and his wife had been looking at lots and house designs for over a year. The house they designed does not fit on the lot and therefore they are requesting a variance. Mr. Castona stated they knew they would not have a large backyard but their main concern is a place for their child to be able to play that is safe and away from the streets that are in the front and rear of the property. Mr. Castona further stated he needs a three -car garage to park his work vehicle, which cannot be parked on the driveway according to the Homeowner Association's restrictions. Mr. Castona stated the iot was purchased in December of 2006 and the house is custom designed. Mr. Castona stated he knew what the setbacks were when he purchased the house. Mr. Schmidt questioned Mr. Castona if he considered redesigning the house to fit within the setbacks. Mr. Castona stated he would be agreeable to removing the garage bump out, but does not want to move the house because it would take away from the side yard, the only place his child could safely play. The Board discussed other options including reducing the bump out in the kitchen and cantilevering the fireplace. Mr. Castona stated he is requesting the bump out in the kitchen to make the kitchen larger, with patio doors and a kitchen table it could be crowded to move ZBA Minutes 6/28/2007 Page 2 around. Mr. Castona added the Homeonwner's Association requires fireplaces to be footed and not hanging. Mr. Trzebiatowski gave the City's opinion based on the Zoning Code. The petitioner has submitted for a variance request to be able to construct a new single-family house on lot 2 in Weatherwood Courts Subdivision on Weatherwood Court. This is a vacant lot in a newer subdivision. The front of the property is located on Weatherwood Court and the rear of the property is on North Cape Road. A setback of 40-feet is required from any right-of-way lines. The lot in question has right-of-way along the front of the parcel and the rear of the parcel. The petitioner seeks a setback of 38-feet from the eastern (front) right-of-way line and a setback of 37.15-feet from the western (rear) right-of-way line to permit the construction of a new home, and is therefore requesting a 2-foot variance from the eastern (front) right-of-way line and a 2.85-foot variance from the western (rear) right-of-way line. Based on the submitted information staff has not been able to find a valid hardship that meets State Law and Zoning Case Law guidelines and rulings. This is a vacant lot and the petitioner has willingly purchased this lot knowing there were streets on both sides and also aware of the front and rear setbacks. Further, new home construction allows complete custom design to fit the lot and meet the needs of the owners. There are other options to allow construction of a new home on this lot. The front bump out of the garage and rear kitchen bump out can be removed, or by shifting the house and/or garage this could even create a larger front yard leaving more play area for the petitioners children. Included in the packets are final subdivision plats for Weatherwood Court and Prairie Meadows. Both of these subdivisions have very similar characteristics and the same zoning requirements. Prairie Meadows has four homes built meeting the same code requirements on similar lots with a road on both sides and Weatherwood Court has three lots that are similar to the lot in question, one with a house already built on it. Mr. Trzebiatowski added there is quite a distance from the house to the road, however, there is a large triangle that is dedicated County right-of-way for possible future road expansion and vision corner. The property owners do not own this piece. Staff respectfully requests denial of 03-2007, 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, especially since there are similar property layouts in the general area. Also, a non -self imposed hardship is not found for the appeal. This is a vacant lot and a home should be designed to fit on it or a new lot site should be chosen that this house would fit on. Dr. Kashian stated he is not in favor of the way developers design and market the lots as affordable lots. The lots are designed too small to allow for an affordable house to be build on them. DELIBERATIONS: Appeal #03-2007 — Mr. Schmidt moved to approve the variances on the east and west as submitted. Seconded by Mr. Le Doux. Dr. Blumenfield stated this is a unique situation, but the Board must follow State Law. This appeal does not meet the obligations for a hardship because there are other options. Dr. Blumenfield stated she couldn't support approving this variance. Chairman Schepp stated the Board has never approved a variance on a vacant lot and by doing so would be a disservice to those who would have liked a bigger house, but made them fit on the lot. Mr. Schmidt stated he reviewed the Zoning Handbook and could not find an ZBA Minutes 6/28/2007 Page 3 argument for a hardship. Mr. Le Doux cited case law from the Zoning Handbook and noted a growing family and a need for a larger garage are not grounds for a variance. The surveyor should have been able to make the house fit, and by taking out the garage and kitchen bump outs this could be accomplished. Upon a roll call vote Appeal 03-2007 is denied 5-0. OLD BUSINESS: none. APPROVAL OF THE MINUTES: Dr. Kashian moved to approve the minutes of April 26, 2007. Seconded by Chairman Schepp. Upon a voice vote, the motion carried. MISCELLANEOUS: Mr. Trzebiatowski explained in the packets is the Zoning Board Handbook, which was produced by the Center for Land Use Education at the University of Wisconsin — Stevens Point. Mr. Trzebiatowski noted Chapter 15- Variances, there is legal information regarding the basis for granting variances. This guide is the most comprehensive guide that staff is aware of and every board member should become familiar with it. ADJOURNMENT: With no further business to come before this Board, Dr. Kashian moved to adjourn. Mr. Schmidt seconded. Upon voice vote, meeting adjourned at 8:00 P.M. M7y Submitted, Kellie Renk Recording Secretary CITY OF MUSKEGO ZONING BOARD OF APPEALS AGENDA June 28, 2007 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 None. NEW BUSINESS 1. APPEAL #03-2007 Petitioner: Andrew Castona Property: Lot 2 of Weatherwood Courts Subdivision on Weatherwood Court 1 Tax Key No. 2257,184 (Vacant Lot) REQUESTING: Under the direction of Chapter 17 Zoning Ordinance: Section 3,02 Zoning Board of Appeals, 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 lines on the above mentioned lot. The lot in question has a right-of-way along the front of the parcel and the rear of the parcel. The petitioner seeks a setback of 38-feet from the eastern (front) right-of-way line and a setback of 37.15-feet from the western (rear) right-of- way line to permit the construction of a new home, and is therefore requesting a 2-foot variance from the eastern (front) right-of-way line and a 2.85-foot variance from the western (rear) right-of-way line. CLOSED SESSION OPEN SESSION APPROVAL OF THE MINUTES FROM THE APRIL 26, 2007 MEETING. MISCELLANEOUS BUSINESS 1. Briefly discuss the new Zoning Board Handbook. ADJOURN It is passible 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 thfs 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 03-2007 For the meeting of. June 28, 2007 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: Andrew Castona LOCATION: Lot 2 of Weatherwood Courts Subdivision on Weatherwood Court 1 Tax Key No. 2257.184 (Vacant Lot) CITY'S POSITION PRESENTED BY: Adam Trzebiatowski, City Staff Representative BACKGROUND The petitioner has submitted for a variance request to be able to construct a new singfe-family house on Lot 2 of Weatherwood Courts Subdivision on Weatherwood Court. This is a vacant lot in a newer subdivision. The parcel is zoned RS-3, Suburban Residence District. The front of the property is located on Weatherwood Court and the rear of the property is on North Cape Road. The petitioner seeks the following variance: An exception to the required setback from the front (eastern) and rear (western) right-of-way/lot fines for the construction of a new house. A setback of 40-feet is required from any right-of-way lines on the above mentioned lot. The lot in question has a right-of-way along the front of the parcel and the rear of the parcel. The petitioner seeks a setback of 38-feet from the eastern (front) right-of-way line and a setback of 37.15-Feet from the western (rear) right-of-way line to permit the construction of a new home, and is therefore requesting a 2-foot variance from the eastern (front) right-of-way line and a 2.85-foot variance from the western (rear) right-of- way line. DISCUSSION Based upon the submitted information staff has not been able to find a valid hardship that meets State Law and Zoning Case Law guidelines and rulings. This is a vacant lot that the petitioner has willingly purchased at their own will. Further, new home construction allows complete custom design to fit the lot and meet the needs of the owners. The petitioner has stated a few reasons for their variance request in their submittal. The reasons include safety because of the location of the roads and yard space, the lot shape, and the cost of the lot and home (financial). To respond to these, the petitioner did willingly chose to purchase a lot that has streets on the front and back sides of it and the shape was identified on the Final Subdivision Plat prior to the purchase of the lot. The approved Final Subdivision Plat even marked out the front and rear setbacks on the plans. Additionally, financial hardships do not justify the granting of a variance according to case law throughout Appeal # 03-2007 ZBA 06-28-2007 Page 1 the state. For more information on this and other variance standards please see page 98 of the Zoning Board Handbook that was recently handed out to the board members. There are many other feasible options that are reasonably possible to allow construction of a new home on this lot. The specific house layout does not fit within the required setbacks of the lot, but with small modifications, this same general layout could fit on the lot. It can be as simple as removing the front bump out of the garage and removing the rear kitchen bump out. There also is plenty of room on the sides of the home to shift the garage or the house towards one lot line and/or the other. By shifting the house and/or garage this could even create a larger front yard leaving more "play area" for the petitioners children. There are numerous options since this is a vacant lot. Lots that may have a more unique shape warrant a custom home design to fit on it. A qualified arch itectibuilder could surely design a fully functional house to fit on this lot. The zoning district that this lot is within has the most lenient side yard offsets that a new subdivision can have without being a Planned Unit Development. Also included in this Board of Appeals packet are the Final Subdivision Plats for this subdivision (Weatherwood Courts) and Prairie Meadows (a similar subdivision just across the street). Both of these subdivisions have very similar characteristics and the same zoning requirements. Prairie Meadows subdivision has four (4) homes that have already been built meeting the same code requirements on similar lots with a road on both the front and rear sides of the property (Lots 13, 14, 17, & 18). Weatherwood Courts subdivision has three (3) other lots (Lots 1, 10, & 20) that are similar to the lot in question, one (1) of which has already been built upon. NOTE. Please remember that the City must base their recommendation upon a valid hardship as defined by State Law and Zoning Case Law. Zoning Case Law states that a hardship must be unique to the property, it cannot be self-created, and must be based upon conditions unique to the property rather than conditions personal to the property owners(s). Case Law also states that a hardship should be something that would unreasonably prevent the owner from using their property for the permitted purpose or would render conformity with such restrictions unnecessarily burdensome. The Zoning Board of Appeals needs to rind a valid hardship in order to be able to approve a variance request. BASED UPON THE FOREGOING, THE CITY STAFF REPRESENITIVE RESPECTFULLY REQUESTS: Denial of Appeal 03-2007, allowing a new home to be constructed on a vacant lot with a 38-foot setback, a 2-foot variance from the front (eastern) right-of-way/lot line and a 37.15-foot setback, a 2.85-foot variance from the rear (western) right-of-way/lot 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, especially since there are similar property layouts in the general area. Also, a non -self imposed hardship is not found for the appeal. This is a vacant lot and a home should be designed to fit upon it or a new lot site should be chosen that this house would fit upon. All of the items identified above are self-imposed hardships, which are not legal grounds for granting a variance according the extensive zoning case law that have been determined by the Courts. Appeal # 03-2007 ZBA 06-28-2007 Page 2 Appeal #03-2007 LEGEND Q Agenda Items) Property structure Right-of-way -� Hydrography { 111 01 "-e pared by City of Mu skego :'Ia--g Department fi 14r20a7 Supplemental Map Petitioner: 2257.184 Andrew Castona Weatherwood Court ys g'%m m�4, R �W� ���yy�i1m�� J.• LL �s Oi7tt•- E n E 1• {� im"e a°zal z O W G. D O W d w M; W� � � Er- d yO O V' W � O 0 z H ryWryt F 0 t+! EI m 13n gr c z ,V.0p100494.14lidi aE �E yy �P �U+n •y Q a yujmcY61 MT Or T..e Ml1. Cltr tamp. N 01 °22' 14" R 681-94' - — [/L Os se l/. s•r 24-5-20 rem 2561] i 2---_ _T - r�•� Q7 o city of Yu.flyo MIT - `` A s - " i Un tatted Lands 1 a S a � rJ a m n ... 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ND. 8830 EARCEL j 331GSSQIsq \ RRAIRE MEAQQWS o,E ,ME CDVffA OF THEWeatherwood Courts NE 1/4 SEC. 25 \ LOT 2, Wj let) 1 PRAIRE MEADOWS 6", 6" eanc. -a- "S. 324.49 N BEING A REMAPPING OF LOT 3 OF CERTIFIED SURVEY MAP NO, 9616 TOGETHER 2.317,A59.25 E I p; WITH THE REMAPPING OF CERTIFIED SURVEY MAP NO. 195, BEING LOCATED IN 44 2- PART OF THE NE 1/4 OF THE NE 1/4 OF SECTION 25, T.5 N., R20 E., -_- ----`J a 4R6K1NSETBAC1tOETAt �- -- - CITY OF MUSKEGO, WAUKESHA COUNTY, WISCONSIN, p t,1 t7 /� Fr•1� ANDDRNE9rAY AC All. o RYAN ALL BEARINGS ARE REFERENCED TO THE EAST o RYAN ROAD RESTRICTION DETAIL < - - . -- i pp 56 0 +Gp 20O - - I SEE OETALLSHEET 21'�-�- -'`.- ROAD _-. 3� LI!!E OF THE ME 1/4 OF SECTION 25, ASSUMED 38Y.37'�-_� - - TO BEAR S 1' 15' 54" E. BASED ON GRID N 87.17' 23 E� NORTH OF THE WSCONSN STATE PLANE ALfX55 I r b of _.--�.- o ACCESS R1CT70N 1 / RESTR1CFrOY 'n GRAPH i C SCALD : i " = L^Qf - COORDINATE SYSTEM SOUTH ZONE OF NAD ' 27. ,s o9 ' 17, 231 E " -- -- 20. 5a. W,O�tAE A PLA1TR10 E1W T. A A. .7 W l7,S9a SF h+ II J �1! C 11%UN 1 d'ILI gE%J J 17,943 �J 8,'Osuq'E ! n C Z 70•R I'� � 3 R��•�� z \ I I 25373 SF * �\• I 1 RVP.t 50, 20287 SF ., II N 43'46'39" E ? 31 04' C4 7 ' ,7o s9 II S Be'2Y'46• W 230.W Lp ` I I ern 19115 Sr ry i m i ` dl `� 9 sy�<eF�I>J�m . i rl 123111 SF z j p I S 86.03'42• E 11132,OT 11 1 10 �\ nO i;17-mSF N 8 $N 19986 SF } j 40" �- 27" W t 0�' 182.50` 50' I SD' i 50' 7herenre noobjectiaasto this plat wilhrespcctto s. 236.15.236.16, 236.20 and 23621 (1) and (2} Wis S11�ts-e4��avided by s. 236A2, Mrs- SINS. 1NFATL4�tEWOOV e'VIETS �.. Cenified ,� jm.i�C 2 :1m De eat ofAdatinisimtt L) .rJG.l3 WrL1 1 1 w leEGISTER' $ OFFICE IifAs,,, COUNTY, M[ RECORDED Lw 10-10-2005 2:22 kH *.lLm4EL 2. HW,;eLI LAGER REG 151 ER OF DEEDS WLA VHE; .� 7 IVPAGEr SJIW � _.- KEL. :EE: 5d. PO n Z� - 5 18,757 SF 1' _ ii� J I 6 , a� 17973 SF I 7 1 T9391 SF r N 64,55100,E 74`/ __.•a3xV"� 1 12 i t 16235 SA ) �1 N 87 Ol_ 1 201 1 �� 26.623 SF i 15,968 SF N 1 m STORM WATER MANAGEMENT POND \• AND DRAINAGE )r' �ea�•� ESM' T. AREA �T6 N' �. 16,040 SF \� 18 � '•, 15A39 SF 1 u75. 17 '5234 Sr g/E 15 197DO SF s / �p73 Sq•F / 14 " 30615 SF N fi� kILTA 21y ` 3 V p16YATE ORAINAOEca. 13 1967D SF ,p 120-05, 405 . W CSM !iQ siio Ao I LEGEND s 54• 3' 27 Sp7 2 I a- INDICATES A I.1I4'DiA. X 1 B' SOLID cui. IRON REPAR, WEIGHING 4,30 LS$.I T. PLACED • = INDICATES A 1" DIA IRON PIPE EXISTING I ALLOTHER LOT & OUTLOT CORNERS ARE MARKED I BY A,,315' O.O. X 18" IRON PIPE• WEIGHING 1.66 LBSJFT, j ALL OMTANCES, LENGTHS AND WIDTHS ARE MEASURED AND ` COMPUTEOTO THE NEAREST HUNDREDTH OF A FOOT. DISTANCES SHOWN ALONG CURVES ARE THE ARC LENGTHS, ALL STREETS ARE DEDICATED TO THE CITY OF MUSKEGO UNDERGROUND ELECTMC AND COMMUNICATIDNS EASEMENTS ( TYPICAL) 5' STREET TREE ESM7 S ,�, c'. >.'\ 1.;�,\•�; eat L/ka< m H 39"W L CURVE_ TABLE Curve _at Rod !us Cenlral Arc Chard Chard Tangent Tangent iNunes, No. Length Arg1a Length Length Bearing Bearing - 1n Bearing - Out ti 1 - 2 1 180.00' 16.5$' 29" 53.33' 53. 13' S t t • 11' Sl .511E 5 02°42' 3711E S 19'4,' O6"E 2 1 15.00, - 3 92.32' D5" 24.23' 21.68' S 26.34' 57"W S 19'41' 06"E S 72,51, 00 IV - 3 - 4 1 44.50' 38." MI. 30.08' 29.51' N 57.47' 00"W S 72'51' 00"W N 58.25' 00"W 3 4 - 5 - 70,00' 279.00120" 340,157r 90,92' S 27.55'10"E N 68,25'00"W N 12.34' 40"E I 1 70.00, 54.26'48" 56.52' 64.04' 5 84'21'36'V 2 70. 00' 51,39' Cal*63. 11' 60-99' S 31.18, 391W ? 3 70�00' 55'26'40" 67.74' 65.IS' S 22.14'16"E 4 5 70, 00, 70.00' 54.56' 56" 82.30' 44" 67. 13, 76.37' 64.59, 72.64' S 77'2G' 08"E N 43.50' 02"E 5 - 6 5 44.50' a4. 19' 2a" 34.42' 33.57' N 3<•44' 20"E N 12°34. 40"E I N 56.54' GO"E 6 - 7 5 15.00' 90,00,CO" 23.56' 21.21' N 78'06'00"W N 56.54'00"E S 33'06'00"E B - 9 - 240.00' 28.06'00" 117,701 116.53' S 19°03'OD"E S 33,06,0011E S 05"00'00"E 5 240, 00' 13.46'34" 57.70, 57.57' S 26'12'43"E t' 6 240.00' 14° 19' 26" 60.00' 59.84, S 12.09' 43"E gI 10-11 7 120.00' 71.3D'34" 149.77' 140.24' S 30,45'17"W S 05'0O'00"E S 66°36'34"W 11-12 7 50.00' 87°06'42^ 76.02' 68.91' N 69.56'05,V S 66.3734"W N 26.22'44"W ti I i 12-13 - 70.(10' 248.42' 15" 303.85' 115.58, S 29` 16' 08'W N 25'22' 4a"W N 34.55, OO"E Lq �! 7 7p.0G' 47.45'30" 57.53' S5.93' N 49"55'29"W w I 8 70.00' 53.5B'35" 65.95' 63.53' S 79132'28"W 9 7D.00' 48.54:DD 59.74' 57.95' S 28106'ID"W 10 70.00' 47•5240: 58.49' 56.81' S 20.17,1011E 11 70.00, 50.51,301, 62.14' 6G. T2' S 69.39'15"E 14-I5 - 190.00' 89.55, 00" 282.48' 254.37' N 39.57' 30"E N 84'55' 00"E N 05'0O' 00'W 13 150.00 27.21' 20" 55.9e 85. 13' N 71.14' 20"E 14 'BO.GO' 25°37' 00" 80.48, 79.aI' N 44.45' 10"E 15 160.00' 25141, OB" 80.69, 60.02' N 19.06' S6"E 16 180.00, 11.15'32" 35.37' 35.31' N 00.37'46"E 16-17 - 300.00' 28.06:00" 147. i3' 145. 66' N 19.03. 00'Yr N 05100'00"W N 33-06, 00"W 17 30L7, 00' 09°5T 24" 52. 13' S2.0T N 09.58'42W � W 18 300. Do' is 08,35" 95.00' 94.60' N 24.O1'421B' ° DO N N 13-111 20 100.00, 30.23.23" 53.04' 52.41' N 17.54'185"E N 33'06'GD'W N 02'42'37"W ;n qt 2D-21 - 5679.58' 03.19' 04" 328.88, 328.84' N 03'25' 01 "W N 05.04' 33"WI N 01'45' 29'w 0 _ I 9 5679.58' 01.54' 30" 769.17' T89.16' N 04.07' 18"W a N 3 5679.58, 01.24'34" 739. 71' 139,71' N 02.27'48"W in Center Line Radius Central Arc Chord Chard Tangent Tangent Curve Length Angle Length Length Bearing Bearing - In Bearing - Out A 150.00, 30'28 23" 79.56' 78.63' S 17.54' 18.5"E S 02.42'37"E S 33.O6-00"E B 150.00, 25.43'46" 67.36' 66,80' S 15.34'30"E S 02.42'37"E S 28.25'23"E C 150.00' D4'39- 37" 12.20' 12.20- S 30'46' 11.5"E S 28.26'23"E 5 33.06'00"E 0 i E 270.Do. 150 Op' 28'06'00" 89'55'OD" 132.42' 235 40' 13l.ia' 111 98' S 19.03'00"E 5 39.511 5 33.05'OC"E S 05.00'00"E Mores: S GS 00 GO E S 84 55 00 % -- - - �, II+ 1.I,nSION CORNER RESTRICTION: 1 F PER SECTION CPT 17. SECTION 5.02 F AND G OF THE CITY OF MUSKEGO ZONING ORDINANCE, fN 1111 THE NSION SETBACK AREA NO STRUMRE OF ANY KIND SHALL HE PERMITTED WHCH EXCEEDS A LOCATION MAP y HEIGHT OF 2-1R FEETABOVE THE ELEVATION of THE CENTER OF THE INTERSECTION. EXCEPT FOR ll NECESSARY HIfiMNAY AND TRAFFIC SIGNS, PUBLIC UTILr" LINES. ANDOPEN FENCESTHROUGH WHICH THERE IS CLEAR VIIVON, NOR SHALL ANY PLANT MATERIAL DR NATURAL GROWTH BE PERMITTED WHICH RYAN RD, ORSCILRES RAFE VISION OF THE APPROACHES TO THE KTERSECTION. I-1 OUTLOT RESTRICTION: I-�-_~•• I}I - \\"`•: DUTLOT ONE (1) OF THIS PLAT OF WEATHERWCOD COURTS. SHALL BE USED FOR STORM WATER MANAGFMENT PURPOSES AND DRAINAGE EASEMENT. f `I 3.)OUTLOTOWNERSHIP: I Y "\• OUTLOTONE (t) OF THIS PLAT Or WEATKERWOOD COURTS SMALL BE OWNED JOINTLY 9Y ALL LOT OWNERS. I EACH LOT OWNER WILL HAVE AN UNOMDEO ONE TWENTIETH(1r20) OWNERSHIP INTEREST IN Sao OUTLOT. HE ���4 VI m AND THAT WAUKESHA COUNTY SHALL NOT BE LABLF FOR ANY FEES OR SPECIAL ASSESSMENTS IN THE EVENT THAT THEY BECOME THE OWNER OF ANY LOTS N THE SUBOMSION 13Y REASON GF TAX DELINQUENCY_ w 4.) OUTLD7 AND CUL-DE-SAC MAINTAINANCE MaNTAINANCE OF OLITLOT ONE (1) AND THE CUL-OE-SAC- CENTERS SHALL SE THE RESPONSIBIL" OF OF THE I II WEATHERWOOD HOMEOWNEPWASSOCIATION. 5.) ACCESS RESTR)CVD1,L I I COUNTY TRUNK HIGHWAY MO- ( NORTH CAPE ROAD) IS A UMIIED ACCESS HIGHWAY NO D)RECTACCESS i I TO C.T.H_'00' $HALL BE PERMITTED FROM LOTS 2,3,9, 10. AND 11, NO DIRECT ACCESS TO RYAN ROAD SHALL BE PERMITTED FROM LOTS 1, 2. AND 20. I---�-`- I 8) STREET TREE EASEMENT- I-----•^- 1 A FIVE FOOT WIDE STREET TREE PLANTING EASEMENT ALONG THE FRONTAGE OF EACH LOT FACING WEATHERWOOD SECTION 25, T.5 N., R.20 E. I CIRCLE AND WEATHERWOOD COURT IS HERESY ESTABLSHED FOR THE PURPOSE OF STREET TREE INSTALLATION. i4 MAMITENANCE. AND STREET BEAUTIFICATION, SCALE I' _ 1000' = 7.) LANOSCAPNG AND PLANTING EASEMENT: n I EACH LOT GINNER SHALL RE RESPONSIBLE FOR MAINTENANCE OF THE GROUND SURFACE AND PLANTINGS LOCATED WrrHIN THE 30 FOOT LANDSCAPE AND PLANTING EASEMENT AS SHOWN W THE FACE OF THS PLAT. -� •g0 1 m e,) DRAINAGE EASEMENT MAINTENANCE- x Lil EACH LOT OWNER $FULLL SE RESPONSISLE FOR THE GROUND SURFACE MAINTENANCE OFALL PRIVATE AND PUBL _ - I CRAINAGE EASEMENTS, AS DESIGNATED ON THE LOT. THE CITY OF MUSKEGO RESERVES THE RIGHTS TO INSPECL- }I MA NTAN OR REPAIR ANY SUBSURFACE UTILITIES LOCATED WrTHW PUBLIC EASEMENTS. 9120NING: LOTS ARE ZONED RS-3 SURURBAN RESIDENCE DISTRICT ° %, �^• j MINIMUM FRONT YARD SETBACK • 40 FEET LA MINIMUMSIDE YARD OFFSET$ -ONE SIDE= 10 FEET. ALL OTHERSAtSFEET MINIMUM OPEN SPACE. Ia,000 SQUARE FEET PER DWELLING UN C REVISED AUG. BTH, 2905 Rob rt G. 1 ox Reg;ateed Land Sl -yer REVISED SEPT. STH, =5 �� SE '..on OF TiIE AE :/t 2a71 I lutevn mad Sole k Wakeyq, Wgypgin 53186 SEC- 25 .'y (2 2) 795-am F_ (262) 793-i491 now- LaoN.WieR.ss CAP SHEET 'i OF 2 Print Application CITY OF, DIMENSIONAL VARIANCE APPLICATION PACKET MEGO PLANNING DEPARTMENT USV Applicant (Please Print or Type) Name: Andrew Castona Business Name: Address: W131S6727 K i p I i n g Dr. City: Auskego Phone Number: Mobile Number State: WI (414) 427-0114 Fax Number: Date: Jun 7, 2007 Zip Code: 53150 (414) 750-3735 E-mail Address: ajcastona@netzero.net Property Owner (Please Print or Type) This section can be left blank if the same as above Name: Business Name: Address: City: Phone Number: Mobile Number: State: Fax Number: E-mail Address: Zip Code: Please fill out the information below regarding the proposed dimensional variance. Location/Address: S95W12528 Weatherwood Court Tax Key Number(s): To allow: �A variance of Ton front setback. And a 2.85' variance on rear setback. A literal enforcement of the terms of We believe that the size and shape of the property is very difficult to design a house to the above -referenced section would meet our needs, and yet have a safe place for our son to play. Also our Home Owners result in practical difficulty and Association by-laws dictate that no commercial vehicle may stay in the driveway unnecessary hardship because: overnight, which requires us to have a 3 car garage. To shrink down the garage really is not an option due to the fact that I own my own small business and need to fit a full size work van, pick-up, and SUV. To redesign the house to eliminate the 76.05 square Page 1 of 4 The variance, if granted, will not be contrary to the public interest and will be in accord with the spirit of the code because: ilf the variance is granted, it would not impede on any of the neighbors property on either side of the home. In the rear of the home the distance from property line to jHWY.00 would still be much further than any other home on HWY .00. The variance, if granted, will not adversely affect public safety or !Our home would be located in a cul-de-sac and the flow and speed of traffic would be jeopardize public welfare because: a minimum. On the rear of the property we have the greatest distance from our ;property line to HWY. 00 in the entire subdivision because of the angle of the ;property line. Our main concern is to have a safe area for our family to congregate, :and meet our daily needs for us and the Home Owners Association. By having a place for our child to play would help deter him from playing in the cul-de-sac area or street. If this form has been filled out electronically, please click on the "Print Application" button on the top of page I or to the right of this text. I Print Application Once the application is printed/filled out it can be submitted to the Planning Department along with any applicable information required for your submittal. Please see the attached sheet to ensure that the proper supporting documents are submitted along with this completed form. I HEREBY CERTIFY THAT I HAVE READ AND FULLY UNDERSTAND THE DIMENSIONAL VARIANCE PROCEDURE AND FAILURE TO COMPLY WITH CITY REQUIREMENTS WILL RESULT IN THIS APPLICATION BEING WITHHELD FROM CONSIDERATION BY THE ZONING BOARD OF APPEALS. PLEASE BE INFORMED THAT ANY LEGAL, ENGINEERING AND ADMINISTRATIVE FEES INCURRED BY THE CITY, IN THE PROCESS OF REVIEWING A PROPOSAL OR APPLICATION, BUT NOT INCLUDED IN THIS FEE SCHEDULE, WILL BE CHARGED BACK TO THE PETITIONER I APPLICANT 1 OWNER I DEVELOPER FOR 100% RECOVERY. (Ch. 3.08510rd. #909) Signature of the Property Owner: Pdn4 Name: Date: Signature of the Applicant (working as "Agent' for the owner): Print Name: Date: For Planning Department Use Only Submittal Date: Staff Signature: Fees Paid: Yes No Public Hearing/Meeting Date: Page 2 of 4 We, Mr. & Mrs. Castona are requesting are variance of 2.85 ft. in the rear setback, and 2 ft_ variance in the front setback of our property at S95W 12528 Weatherwood Court. We are asking for the proposed variance mainly for the fact of safety. The current home design meets our family needs and requirements. One of which is to have a safe place for our son to play. We knew when we purchased this lot there would not be a large yard, but a reasonable one. But at the same time we did not realize the odd pie shape of the lot would pose such a problem to erect a home and have a yard for our family. We have a 4 year old son now, and plan on having one more child. When we decided to build, we looked for a lot for almost a year, and knew we wanted to build in Muskego. We lived in Milwaukee for almost 4 years and did not want our child to go to that school system, which we had planned since our son's birth. I also have my own Hardwood flooring business that 1 currently run out of my home_ I guess the point I am trying to get at is that we did not just come up with a design overnight. We purchased a lot we could afford, and designed a house we could afford. The current design meets my family, business, and future family needs. If we redesign the home to fit the lot, we would lose the little yard that we would have. The total square feet of the variance is less than 70 square feet. And to redesign the house would end up taking up almost the entire yard, which is the concern for our son's safety. We do not want him playing in the front of the house in the cul-de-sac, even though traffic would be light, it is not a safe place to be. Page 1 of 1 Adam Trzebiatowski From: ajcastona@netzero.ccm Sent: Friday, June 08, 2007 11:17 AM To: Adam Trzebiatowski Subject: Castona's variance application Adam, Here is the missing sentence that was cut off on our variance application. To redesign the house to eliminate the 76.05 square feet would result in losing almost our entire yard. Sincerely, Jamie Castona b/8/2007 I Ln n c.� Z: 30 7 W ~ Z Ln Q RJ U p O z U I ,Ob J �W d 3 LD Z 0 UW 0 � M W 0 Q W D c Z � i w C4 0 Cy') � H ' �o QI~�-a a (cu W I Z Z �z LLI U ED U H 0 � � o 0:� 0'1 Ld I Q CD Cm Q = Z 3 ry = I I I _ F-1 Q I d - U o M Z Z �O of T 1 o w J cris Q CDZ n $memo It al vi 41 tl it 11 = x xLLI I y En o Q/Vj IN 46 dyes `per � r S� �o N O H��sdl•''�dn /1C1� M ' 1' 3 0 Z,Qfj = N. LJ z 5 W LO t7 w 3 / w z z � d M 0 � � H d W Q 0- z� C3o El � 0 af '" w Z J u n n a F G4(DC L3 w� La > W ~ Q>FX C] Mew y x I>ra F cZ 1 �Fa i EQiJ } LJ 0 Q �Q,o Z 0 C))!LQ w Li a ch -ZcL) (L¢ U ca z ? 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