Zoning Board of Appeals 04-1997CITY OF
v,,MUSKEGO
February 28, 1997
Mr. Nick Macht
W186 S6709 Crest Drive
Muskego, WI 53150
RE: Board of Appeals Variance #04-97
Dear Mr. Macht:
DEPARTMENT OF CITY PLANNING
Matthew G. Sadowski, Plan Director
(414) 679-4136
The Board of Appeals wishes to advise that your appeal from Chapter
17, Section 5.02(2)B granted a 9.1 foot variance to allow
construction of a garage.
Please be advised a razing permit is required to tear down the fire
damaged garage and a building permit is required prior to
commencing work on your property.
Siinnce`rel C
Susan J. chroeder
Recording Secretary
W182 S8200 Racine Avenue • Box 903 0 Muskego, Wisconsin 53150-0903 • Fax (414) 679-5614
CITY OF MUSKEGO
BOARD OF APPEALS
MINUTES OF BOARD OF APPEALS MEETING HELD ON FEBRUARY 27, 1997.
PRESENT: Chairman O'Neil, Michael Brandt, James Ross, Heather
Schuster, and Ed Herda.
ABSENT: Dan Schepp, Henry Schneiker,
Secretary reported that the meeting was properly noticed in
accordance with the Open Meeting Law.
MINUTES: Mr. Herda made a motion to approve the minutes of January
23, 1997, as submitted. Ms. Schuster seconded. Upon voice vote,
the minutes of January 23 1997, were approved unanimously.
OLD BUSINESS
Signing of decision letter from the January 23, 1997 meeting.
NEW BUSINESS
Appeal # 02-97 Dean A. Lubecke, W183 S6526 Jewel Crest Drive,
Muskego, WI 53150 REQUESTING: Under the direction of Section
3.08 (1) Appeal Provisions, Petitioner seeks one (1) variance: I.
Chapter 17--Zoning Ordinance: Section 4.06 (2) A Legal
Nonconformity: Classification and Regulation - Nonconforming
Structure. Said regulation restricts expansion or enlargement of a
nonconforming structure except within conformity of the zoning
district. Petitioner seeks to repair, alter and expand said
structure over 50% of its current fair market value.
Zoned: RS-3/OLS, 10,000 S.F. Suburban Residence
Chairman Terry O'Neil stepped down as chairman, Vice Chairman
Brandt took over chairmanship of meeting.
Mr. Trejo explained this appeal had been adjourned from the January
23, 1997, meeting to allow the petitioner time to obtain a drawing
of what was built as well as calculations. Mr. Trejo stated on
February 14th, Mr. Lubecke only submitted a revised application for
the Board of Appeals.
Mr. Brandt made a motion to deny hearing this appeal due to the
lack of sufficient information. Ms. Schuster seconded. Upon roll
call vote, motion to deny passed unanimously.
Mr. Trejo explained to Mr. Lubecke his options are to relocate the
existing structure to meet the proper setback and offset required
for the zoning district or raze the building.
Mr. O'Neil resumed chairmanship of the meeting. Ms. Schuster
removed herself from hearing Appeal #03-97 as the immediate
neighbor is a client of hers.
Appeal # 03-97 Donald M. Peil, W194 S7057 Hillendale Drive,
BOA 02/27/97
Page 2
Muskego, WI 53150 REQUESTING: Under the direction of Section 3.08
(1) Appeal Provisions, Petitioner seeks two (2) variance: 1.
Chapter 17--Zoning Ordinance: Section 5.02 (3) A Building Location:
Offsets. Said regulation requires a minimum 15' offset from the
northern property line. Petitioner seeks a 9 foot variance to
permit a 16' X 24' Accessory Structure 6 feet from the northern
property line. 2. Chapter 17--Zoning Ordinance: Section 5.03 (1)
Height: Maximum Height Restricted. Said regulation restricts the
height of an accessory structure to 15 feet. Petitioner seeks a 2'
variance to permit a 17' high accessory structure.
Zoning RS-2.
Mr. Trejo explained the zoning and explained the size of this lot.
Plan Commission approved an accessory structure 24' x 16' at the
January meeting. Plan Commission stated a variance would be
required from the Board of Appeals to allow this structure to stay
at this location.
Mr. Brandt administered an oath to Mr. Peil. Mr. Peil explained to
the Board of Appeals the reasoning behind erecting a structure at
this location. Mr. Peil also explained his concern about removing
trees from this lot. Mr. Peil went into detail describing an
ongoing dispute with his neighbor directly to the north and that
neighbors on both sides of his property have received variances for
structures on their properties.
Ms. Schuster returned to her seat at the Board.
Appeal # 04-97 Nick Macht,W186 S6709 Crest Drive, Muskego, WI
53150 REQUESTING: Under the direction of Section 3.08 (1) Appeal
Provisions, Petitioner seeks two (2) variance:
1. Chapter 17---Zoning Ordinance: Section 5.02 (3) A Building
Location: Offsets. Said regulation requires a minimum 15' offset
from the northern property line. Petitioner seeks a 6 foot
variance to permit a 16' X 24' Accessory Structure 9 feet from the
northern property line. 2. Chapter 17--Zoning Ordinance: Section
5.03 (1) Height: Maximum Height Restricted. Said regulation
restricts the height of an accessory structure to 15 feet.
Petitioner seeks a 2' variance to permit a 17' high accessory
structure.
Mr. Trejo explained the zoning and the unique location of this lot
having streets on three sides. Mr. Trejo also distributed copies
of the Muskego Volunteer Fire Company report on fire damage.
Mr. Brandt administered an oath to Mr. Macht.
Mr. Macht stated he wishes to rebuild his garage on the same
location with the same foundation. The proposed garage structure
will not exceed the garage ruined by fire.
DELIBERATION
BOA 02/27/97
Page 3
APPEAL #03-97 Mr. Herda made a motion to deny a variance as
submitted due to lack of hardship. After no second, Mr. Herda
rescinded his motion.
Discussion ensued regarding hardship. The question was raised if
these two variances could be voted on separately.
Mr. Herda made a motion to deny the variance for an offset due to
lack of hardship. Mr. Brandt seconded. Upon roll call vote motion
to deny was unanimous. (Ms. Schuster did not vote).
More discussion ensued regarding hardship for the height of the
building and the height of the walls.
Mr. Herda made a motion to deny a height variance due to lack of
hardship. Mr. Brandt seconded. Upon roll call vote the motion
passed; 3 yea and 1 nay.
APPEAL #04-97 Mr. Brandt made a motion to approve a variance as
submitted due to fire damage. Mr. Herda seconded. Upon roll call
vote, motion to approve was granted unanimously.
MISCELLANEOUS BUSINESS
None
ADJOURN
Mr. Herda made a motion to adjourn. Mr. Ross seconded. Upon voice
vote and with no further business to come before this board, the
meeting was adjourned at 9:45 P.M.
Respectfully submitted,
Susan J. S roeder
Recording Secretary
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 Wisconsin
Room at the Muskego City Hall, W182 S8200 Racine Avenue, at 7:00
P.M., Thursday, February 27, 1997, 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 JANUARY 23, 1997 MEETING
5. OLD BUSINESS
1. Signing of decision letter from the January 23,
1997 meeting.
6. NEW BUSINESS
Appeal # 02-97
Dean A. Lubecke
W183 S6526 Jewel Crest Drive
Muskego, WI 53150
REQUESTING: Under the direction of Section 3.08 (1)
Appeal Provisions, Petitioner seeks one (1) variance:
1. Chapter 17--ZoningOrdinance: Section 4.06 (2) A
Legal Nonconformity: Classification and Regulation -
Nonconforming Structure. Said regulation restricts
expansion or enlargement of a nonconforming structure
except within conformity of the zoning district.
Petitioner seeks to repair, alter and expand said
structure over 50% of its current fair market value.
Zoned: RS-3/OLS, 10,000 S.F. Suburban Residence
Appeal # 03-97
Donald M. Peil
W194 S7057 Hillendale Drive
Muskego, WI 53150
REQUESTING: Under the direction of Section 3.08 (1)
Appeal Provisions, Petitioner seeks two (2) variances:
BOA 02/27/97
Page 2
1. Chapter 17--Zoning Ordinance: Section 5.02 (3) A
Building Location: Offsets. Said regulation requires a
minimum 15' offset from the northern property line.
Petitioner seeks a 6 foot variance to permit a 16' X 24'
Accessory Structure 9 feet from the northern property
line.
2. Chapter 17--Zoning Ordinance: Section 5.03 (1)
Height: Maximum Height Restricted. Said regulation
restricts the height of an accessory structure to 15
feet. Petitioner seeks a 2' variance to permit a 17'
high accessory structure.
Appeal # 04-97
Nick Macht
W186 S6709 Crest Drive
Muskego, WI 53150
REQUESTING: Under the direction of Section 3.08 (1)
Appeal Provisions, Petitioner seeks one (1) variance:
1. Chapter 17--Zoning Ordinance: Section 5.02 (2) B
Building Location: Setbacks. Said regulation requires
a minimum 50.5 foot setback from the center line of the
road. Petitioner seeks a 9.1 foot variance to replace
a 20' X 24' Accessory Structure 41.4 feet from the
center line of the Emerald Drive.
7. Miscellaneous Business.
None
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
Terry O'Neil, Chairman
Dated this 14th day of February, 1997
BOA 02/27/97
Page 3
PLEASE NOTE: 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 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 dean K. Marenda, City Clerk, at Niuskego City Hall, 679-5625.
Also, Board of Appeals members may conduct site visits for informational purposes.
CITY OF MUSKEGO
BOARD OF APPEALS
Application for Variance
L
Applicants Name �yl�
Subject Property Address: Lo )i � s og CI(� �� fir, �' f 0 � V.� �o
Telephone M J b0gC
Property Zoning [.5-3/n &D Key # Z
Petitioner's relationship to property (circle applicable):
owner lessee other
1�S
Fees:
Date inspector denied permit:
Requesting variance to Section
To allow: V) rP Your i1. a rzr,
A literal enforcement of the terms of the above -referenced section
would result in practical difficulty and unnecessary hardship
because:
t4lu'il
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 variance, if granted, will not adversely affect public safety
or jeopardize public welfare because:
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MUSKEGO VOLUNTEER FIRE CO.
INCIDENT
REPORT
4r
DATE.- DEC. 21 .19 96
REPORT NUMBER:
961221-06120
TIME OF CALL: 2:4 A.M. / P.M. 10-41'. 2.48 10-23: 2:53 10-24: 4:49
10-42: :0� 5 AM_
INCIDENT ADDRESS: W1 b S6709 CREST DRIVE
CITY/ZIP:
MUSKEGO
PROPERTY OWNER NAME: NICK R. MACHT
PHONE:
679-8045
PROPERTY OWNER ADDRESS. - SAME
CITY/ZIP,':
INVOLVED PARTY(S) NAME: KEVIN HOTH (87 Monte Carlo SS)
PHONE:
679-.6045
INVOLVED PARTY(S) ADDRESS. SAME
_. CITY/ZIP-
MUSKEGO
VEHICLE FIRE
TYPE OF VEHICLE:'
CAR: X X TRUCK: VAN: SEMI:
SNOWMOBILE:
CAMPER: TRACTOR: LAWNMOWER:
OTHER:
LOCATION:
ENGINE COMPARTMENT: INTERIOR:
TRUNK:
TRUCK BED/BOX: TRAILER:
OTHER:
LICENSE NO. SERIAL NO.
YEAR MAKE
MODEL
' A D72-370 1 GCCS19Z9M2231424
91 CHEVY
S 10
' PKU-987 IGZ11G7HP134053
87 CHEVY
MONTE CAF
CB69-30t 1FTHS34H2MHA20269
91 FORD
E350
2M-002820
22 159
1
STRUCTURE FIRE
TYPE OF STRUCTURE:
HOUSE: GARAGE: X X BARN: INDUSTRIAL:
COMMERICIAL: SHED: APARTMENT (& NO.):
CONSTRUCTION TYPE:
WOOD FRAME. X X BRICK: BLOCK. POLE:
ROOM LOCATION:
BASEMENT:
LAUNDRY ROOM:
APPLIANCE FIRE
TYPE OF APPLIANCE:
MODEL:
_ YAMAHA
POLARIS
INSTITUTIONAL:
OTHER:
STEEL FRAME: OTHER.
KITCHEN: LIVING ROOM: FAMILY ROOM: BATHROOM:
BED ROOM: CLOSET: GARAGE: XX CHIMNEY:
SERIAL NO.:
MAKE:
rl L i s , " ` ----
XCR
OTHER_ FIRE
GRASSI BRUSH
OTHER:
OTHEH INCIDENT:
GASOLINE SPILL:
WIRES DOWN:
DUMPSTER: LEAVES /RUBBISH: — — GAS/CHEMICAL:
NATURAL GAS LEAK: CHEMICAL SPILL
AUTO ACCIDENT: OTHER:
CROSS STREET (LOCATION):
POLE NO.:
TYPE OF CHEMICAL:
WIRE TYPE: CABLE TV.-
SIZE/AMOUNT OF SPILL (APPROX.):
TORNADO:
ELECTRIC: TELEPHONE:
$0. FT. GALS.
ELECTRICAL:- MATCHES,- UGHMNG : CIGARETTE:- CANDLE : ARSON : —
SPONTANEOUS COMBUSTION : FIREPL,ACE : APPLIANCE:- AUTO ACCIDENT:
FALLEN TREE I BRANCH: WIND: UGHIWNO: ICE SUILD-UP: EXCAVATION
CONTRACTOR (NAME):
OTHER:
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MUTUAL AID : TO I ER IQ +,L TESS CQRNgRSR
FALSE - ALARM: CONTROLLED BURN; ALARM MALFUNCTION: OTHER:
J. ABRAMCZYK_
T. BROM-EY
T. BOURDO X
S. OONERTON
D. D'AQUISTO_
J. DEfTLAFF _
R. FAUST�(^
0. FOHR
J. GRANT
R. GUHR _gal
J. HENNE$ERRY �C •�
D. HOLTZ
D- KAEBISCH 9_
R. KAEBISCH JX -_
M.KAPPEN
T- KASIAN
K. KERSKY X
MARK KERSKY
MIKE KERSKY --L_
S. KERSKY_
M. KING
J-KOHNE
D- KUWIT KY _
H.LANGFORD 993
B. LEAF
T. LOGAN
J. LUDWIG X
S. LUDWIG X
S. LUDWIG
TED LUDWIG
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TOM LUDWIG —2L-
A. MACK
C. MACK
R. MARTIN. X
G. MECHA
D. O'NEIL
L. F4MRT
A. RICKERT
G. RICKERT'
B. SCHAEFER
E. SCHAEFER _X^
T. SCHAEFER
C. SCHULER_
R. SCHULER X
K. SIEVERT
E. STOLZ
L. TAMILLO _X__ _
P. TOMES —Is~ 9 �
P. WHfTE
K. YOUNG X _
D. YOUSS13
OFFICER IN CHARGE: Q IEF ANDY MAQK _ REPORT FILLED OUT BY:
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