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Zoning Board of Appeals 04-1993CITY OF MUSKEGO BOARD OF APPEALS MINUTES OF BOARD OF APPEALS MEETING HELD ON JANUARY 28, 1993 Chairman Gerald Fohr called the meting to order at 7:30. PRESENT: Chairman Gerald Fohr, Mr. Donald Pionek, Mr. Mr. Chuck Dykstra, Sr. ABSENT: Mr. Thomas Berken, Mr Vice Chairman Terry O'Neil, Robert Vitt, Mr. Lloyd Erna and Darryl Rowinski MINUTES: Before the minutes of the December 3, 1992 meeting were approved, there was discussion about Appeal #53-92. Vice Chairman O"Neil suggested a correction be made to read: that they cannot encroach on the property lot line. The Fire Department would have to work this out with the adjoining property owner. The Board did not want to set a precedent on encroachment. Chairman Fohr suggested to table last month's minutes approval to later in the meeting. APPEAL #1-93 - Ed Duklas, S74 W13450 Courtland Lane, Muskego, Wisconsin, 53150, appeared requesting elimination of additional conditions imposed on fill permit of 11-2-92 that were not on permit of 7-20-92. Mr. Duklas felt the City was denying him his civil rights to the use of his land. He purchased this land in 1988 and worked with Mr. Gerald Lee, former Building Inspector, to see whether he could build. In order for him to build, he would have to fill at least 2 feet above level. The neighbors fought the land division. Mr. Lee issued a fill permit with no restrictions/conditions. No record of this permit was found in the address file nor did Mr. Duklas have a copy of this permit - only a receipt for the permit. A new fill permit was issued by Mr. Chuck Dykstra, Sr., new Building Inspector. In August of 1991, a letter was written to stop filling; he was to stop immediately. Mr. Duklas' lawyer said they couldn't make him stop and advised him to continue filling. His grader left after a city employee came to the land. A "No Trucking" sign was put up on his road. Late September he got a permit from D.N.R. to fill. Mr. Duklas stated he lost 2 or 3 months time to fill and the opportunity to obtain fill. Mr. Duklas is appealing to get as many of the restrictions on his permit removed as possible and would like to see the permit expiration date extended. Mr. Dykstra felt he had re -issued a permit that may not have existed. City maps at the time this land was purchased did not show this land as being classified wetlands. Because this land hadn't been tilled for a number of years, it went back to being wetland. Before the expiration date of July, 1992, Mr. Duklas pushed more fill into the area. He wanted a fill plan to extend a little further. The conditions needed to be amended because of concerns from the neighbors. The haul trucks were becoming a problem in the area. At a number of times, Mr. Dykstra could have revoked the permit because Mr. Duklas didn't abide by the conditions set forth on the permit. In October, Mr. Larry Kibch, Plan Commission Board of Appeals Page 2 January 28, 1993 Director, brought it to Mr. Dykstra's attention that this land was actually in the floodplain. Mr. Dykstra explained to Mr. Duklas he needed to provide a HEC2 Study. He also would need to rezone out of floodplain before building. Mr. Dykstra's basis for the added conditions were: 1) He could have revoked the permit at any time and 2) numerous problems throughout the entire project. There were 9 conditions on the permit. On July 22nd an inspection was done by Mr. Dykstra and none of the conditions were met at that date. A large number of things were not even attempted. The reason the $15,000 bond was needed was for the repetitive hauling on same path. Trees were asked to be cut down -because the surrounding area was to be filled to eliminate stagnant water and would most likely die anyway. Board of Appeals rules state that an appeal needs to be taken out 20 days after a decision has been made. Mr. Duklas appealed the conditions on his permit 23 days later. Mr. Duklas was to design a route to the fill site. He couldn't answer which way he wanted. The City had spent a large amount of money sealing these roads. Mr. Loughney couldn't see tearing up two roads. Alderman Dumke felt Mr. Duklas was being inconsiderate of his neighbors by having trucks travelling past their homes starting at 6 a.m. and as late as 11 or 12 at night. Also illegal fill was brought in, drivers were travelling too fast and this was taking place 6-7 days a week. Mike Reitz, a neighbor, felt the magnitude of the fill was unbelievable and was afraid of an accident occurring. He felt the project got out of control and wished the permit would have been revoked permanently. Mrs. VerBunker, neighbor, was concerned about the fill being used from the deep tunnel project. She said what company unloads at 11 at night and why would you fill your lot with toxic stuff if you are going to live there. He's been doing things ahead of what he is told he can do. Another neighbor felt anything that was in this fill would go into their lake. Jim Weir was concerned about the amount of fill going in there would obstruct the drainage; that when Spring comes his sump pump will really be kicking in. He wants to know how he will be able to move the water away to stop possible structural damage. Mr. Duklas stated he or either his wife had been sweeping the road every night. Chairman Fohr asked Mr. Duklas how far are you from being done with this project? Mr. Duklas stated 70-75% done. After Mr. Pionek asked how many loads were still needed, Mr. Duklas replied he didn't know. Alderman Dumke-stated that Mr. Duklas didn't even show up for a Plan Commission hearing. But Mr. Duklas was told he didn't need to attend this hearing. Mayor Salentine stated that Plan Commission couldn't give him approval to fill and Mr. Duklas was told he didn't have to appear. Mr. Loughney stated that other fill sites have had to clean during the day. Mr. Duklas stated that Cheviot & Courtland Ln. have been being used. It depended on which way the load was coming in. Mr. Dykstra stated that one of the conditions set forth in July of 1992 was filling in zones and seeded with fast grass seed. Mr. Duklas hasn't seeded anything out there. The Army Corps said it was wetland and the DNR goes along with the Army Corps. Mr. Page 3 January 28, 1993 Dykstra and Kate Fitzgerald inspected the site and it was determined to be wetlands. On July 21, Plan Commission approved Resolution PC #165-92 to rezone the wetlands. -Mr. Duklas would like to do land divisions - 1 to 2 acre lots. They may all be 2 acre lots. His land is zoned RS2-Wetland-Floodplain. Mr. Kirch would have to state where to draw line. It has to be rezoned out of floodplain before land division or building can take place. RS2 would allow 20,000 sq. ft. lots. There are 2.7 acres involved. Mr. Duklas wants to fill this land before he splits them into lots. Mr. Dykstra read the latest conditions on the permit. Mr. Erno asked Mr. Duklas to get together with neighbors in the area and consider their feelings. Mr. Erno stated it's hard to stop Mr. Duklas when he has an investment in land. The $15,000 bond acts as an escrow. Chairman Fohr asked what class road this was and was told it was Class B. The amount to be hauled can be 60% of gross weight of truck. It was suggested that pictures of the road should be taken before any more fill is brought in. APPEAL #2-93 - Praise Fellowship Church, W195 59912 Racine Avenue, Muskego, Wisconsin 53150 is requesting a 37 sq. ft. size variance from requirements of 17:9.02(7)B.2.C. The base for this sign is fairly large and this is computed in the size for the sign. Don Freburg, manager of the construction, stated they were actually decreasing the size of the new sign. The sign will be upgraded, lit with floodlights, and a reader board will be added. The position of the sign will be set back further than the original. If Racine Avenue is ever widened, the expense to move the sign will revert back to Praise Fellowship Church. APPEAL #3-93 - David DeAngelis, W178 56961 Shady Lane, Muskego, Wisconsin, 53150 is requesting a 3' variance for abutting driveways 17:4.05E. Mr. Stan Potrykus appeared stating that Plan Commission approved the land division of these two parcels. Plan Commission requested the two 8 foot driveways be attached instead of two separate driveways. Ordinance requires driveways be 3 feet from lot line. The parcels are set back from the road. No fill will be needed. Chairman Fohr stated the land for the driveway looked level. There would need to be a -common easement agreement. APPEAL #4-93 - John Ingersoll, S76 W18004 Janesville Road, Muskego, Wisconsin, 53150 appeared requesting a 4' height variance to 15' maximum height 17:8.08(6) and variance to allow elimination of firewall W.U.B.C. 30.43(3)(c). Mr. Ingersoll stated this garage is substantially smaller than originally submitted. The gables are designed to coordinate with his house. Chief Pickart appeared supporting the variance. He stated the maximum height won't shadow the Fire Department. He said the Fire Company had no problem, in fact, they encouraged him. Mr. Pickart said it was through J. C. Dev. that they were able to build the Fire Department as they did. Board of Appeals Page 4 January 28, 1993 The minutes of December 3rd meeting were discussed. Chief Pickart was satisfied with the conditions on the Fire Department's appeal. Mr. Vitt made a motion to approve the minutes of the December 3rd meeting, Mr. O'Neil seconded the motion. Upon a voice vote, the motion to adopt the minutes passed unanimously. Chairman Fohr called a short recess. The meeting remained in open session. APPEAL #1-93 - Ed Duklas, S74 W13450 Courtland, Lane, Muskego, Wisconsin. Chairman Fohr agreed he should have a bond for the road. The neighbors are angry with him for filling at night. Mr. Duklas didn't contract anyone for this fill. He didn't have a lot of control; he was upset, too. Mr. Pionek stated he was in favor of all the conditions stated in permit. Mr. Vitt made a motion to deny the request as submitted and amend to allow only the following changes to the original conditions of 11-2-92: remove condition (#5) for tree removal and allow Permit #1111 to be extended to October 13, 1993, if needed. Mr. Pionek seconded. Upon a roll call, the motion passed unanimously. APPEAL #2-93 - Praise Fellowship Church, W195 59912 Racine Avenue, Muskego, Wisconsin. Mr. O'Neil made a motion to approve this appeal as submitted. Hardship being the location of the existing building. Mr. Vitt seconded. Upon a'roll call vote, the motion passed unanimously. APPEAL #3-93 - David DeAngelis, W178 56961 Shady Lane, Muskego, Wisconsin. Mr. Pionek made a motion to approve this appeal; amended it to specify this variance applies to both lots. Hardship being a condition imposed by the Plan Commission Resolution #233-92. Mr. Vitt seconded. Upon a roll call vote, the motion passed unanimously. APPEAL #4-93 - John Ingersoll, S76 W18004 Janesville Road, Muskego, Wisconsin. Mr. Vitt made a motion to approve this appeal as submitted. Hardship being need for storage of personal possessions. Mr. O'Neil seconded. Upon a roll call vote, the motion passed unanimously. Board of Appeals Page 5 January 28, 1993 MISCELLANEOUS BUSINESS: Mr. Dykstra presented a copy of the Rules of Procedure to the board members. The Board decided to discuss this at the next meeting. It was suggested that Mir. Dykstra check surrounding communities and poll their requirements for plat survey requirements and fees being charged. Members were asked to turn in their suggestions at the next meeting. ADJOURNMENT: There being no further business, Mr. Vitt made a motion to adjourn and Mr. Erno seconded. Upon voice vote, the motion to adjourn passed unanimously. The meeting was adjourned at 10:50 p.m. Respectfully submitted, Kath�echt Y Recording Secretary CITY OF MUSKEGO NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN pursuant to Wisconsin State Statute 62.23 (3) 6. that a public hearing will be held at the Muskego City Hall, W182 S8200 Racine Avenue, at 7:30 P.M., Thursday, January 28, 1993 to consider the following appeals: APPEAL 1-93 Ed Duklas S74 W13450 Courtland Lane Muskego, WI 53150 REQUESTING: To eliminate additional conditions imposed on fill permit of 11-2-92 that were not on permit of 7-20-92 REASON: Appellant questions Building Inspector's & Public Works Supt.'s. ability to modify fill permit conditions per 29.06(6) ZONING: RS2 APPEAL 2-93 Praise Fellowship Church W195 S9912 Racine Ave. Muskego, WI 53150 REQUESTING: 37 sq. ft. size variance from requirements of 17:9.02(7)B.2.C. REASON: To allow construction of a new sign with large decorative base. ZONING: AG-OIP APPEAL 3-93 David DeAngelis W178 S6961 Shady Ln. Muskego, WI 53150 REQUESTING: 3' variance for abutting driveways 17:4.05E. REASON: Plan Commission request to allow shared driveway ZONING: RS-3-OPD APPEAL 4-93 John Ingersoll S76 W18004 Janesville Rd. Muskego, WI 53150 REQUESTING: 4' height variance to 15' maximum height 17.8.08(6) and variance to allow elimination of firewall W.U.B.C. 30.43(3)(c) REASON: To allow construction of second garage structure ZONING: RS3/B2/OPD/OLS Board of Appeals Page 2 January 28, 1993 NOTICE OF CLOSED SESSION: PLEASE TAKE NOTICE that the Board of Appeals of the City of Muskego will 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 Gerald Fohr, Chairman Dated this 15th day of January, 1993 CITY OF MUSKEGO BOARD OF APPEALS DATE NAME J�J j ADDR Ss,S l�r �'L� JAL u.�C1 It- TELEPHONE C� 7l- (- PROPERTY LOCATILO�Nj ON WHICH /VARIANCE IS R£gU£STED ADDRESS r.l_z o%.�bbq!_- SUBDIVISION -u�� LOT BLOCK TYPE OF ZONING VARIANCE REQUESTED: REASON FOR VARIANCE REQUEST $35.00-' FEE TO BE PAID AT TIME OF APPLICATION: DATE PAID 35rdG /-//- REC£TPT NO. DECISION OF THE BOARD OF APPEALS CHAIRMAN P7ved Refuse VICE-CHAIP-14A MEMBER �� MEMBER ,o' - / ` MEMBER FIRST ALTERNATE SECOND ALTERNATE L�U� Secretary Date