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Zoning Board of Appeals- - Minutes 08/23/2001CITY OF MUSKEGO DEPARTMENT OF CITY PLANNING Brian D. Turk Director of Planning (262) 679-4136 ZONING BOARD OF APPEALS FINDINGS OF FACTS A dimensional variance is hereby granted to Shan Mason, by the Zoning Board of appeals of the City of Muskego to permit an offset of zero (0) feet from the south lot line for the installation of a driveway at W 190 S7066 Wentland Drive / Tax Key No. 2180.949, based upon the applicant having met the specifics of the City Ordinance with respect to granting variances. It was found that the variance preserve the intent of the Municipal Code because there is practical difficulty associated with the legal non -conforming parcel complying with the Zoning Code, there were exceptional conditions applying that do not generally apply to other properties. More specifically, the granting of the variance provides the Mason property with rights enjoyed by properties in the immediate vicinity, the property rights of other property owners are preserved, and no substantial detriment is caused to an adjacent property. Dated this 30th day of August, 2001. Signed Henry §chneiW Acting Chairman, Zoning Board of Appeals Signed Dustin J Wolff Assistaq Flan Dir for W182 S8200 Racine Avenue - Box 749 - Muskego, Wisconsin 53150-0749 - Fax (262) 679-5614 ZONING BOARD OF APPEALS MINUTES APPROVED CITY OF MUSKEGO AUGUST 23, 2001 PRESENT: Terry O'Neil, Vice Chairman Henry Schneiker, Mike Brandt. Barbara Blumenfield. Dave Conley, Horst Schmidt and Assistant Plan Director Dustin Wolff. ABSENT: Chairman Dan Schepp STATEMENT OF PUBLIC NOTICE: Secretary reported notice was provided in accordance with the Open Meeting Laws, NEW BUSINESS: APPEAL #04-2001 Petitioner: Shan Mason Residence: W190 S7066 Wentland Drive Tax Key No. 2180.949 REQUESTING: Under the direction of Chapter 17 Zoning Ordinance: Section 3.08(1) Appeal Provisions. Petitioner seeks the following variances: Chapter 17—Zoninq Ordinance: Section 4.05(2) Permanent Structures E. Walks, drives, paved terraces and purely decorative garden accessories such as pools, fountains, statuary, flag poles, etc., where subject to "permanent structure" classification shall be permitted in setback and offset areas but not closer than 3 feet to an abutting property line other than a street line. An offset of 3-feet is required from the south property line. The petitioner seeks an offset of zero (0) feet from the south property line to permit the construction of a driveway, and is therefore requesting a 3-foot variance from the south property line. Zoned: RS-3/OLS, Suburban Residence District as modified by the Lakeshore Overlay APPEAL #05-2001 Petitioner: James Leonard III Residence: W190 S7082 Wentland Drive 1 Tax Key No. 2180.950 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 4.05(2) Permanent Structures E. Walks, drives, paved terraces and purely decorative garden accessories such as pools, fountains, statuary, flag poles, etc., where subject to "permanent structure" classification shall be permitted in setback and offset areas but not closer than 3 feet to an abutting property line other than a street line. An offset of 3-feet is required from the north and south property lines. The petitioner seeks an offset of zero (0) feet from the north and south lot lines to permit the construction of a driveway, and is therefore requesting a 3-foot variance from the north and south property lines. Zoned: RS-310LS, Suburban Residence District as modified by the Lakeshore Overlay Vice Clhairman Henry Sc.hneikar stated Appeal #-04-2001 and Appeal #05-2001 requested the two be heard together. There was no objection from the Board. Mr. O'Neil administered the oath to Shan Mason and James Leonard III. Mr. Mason stated that the hardship is his garage faces south while the road travels north and south and he is unable to get car into the garage. Mr. Mason stated it is a safety issue having his vehicles inside the garage. He believes he has improved the aesthetics of the neighborhood. Mr. Leonard stated he lives next to Mr. Mason. there is a "T" intersection with a narrow road without No Parking signs and it is a safety issue to keep his truck and car off the road. Prior to the concrete driveway his basement was flooded out continuously: since the driveway, the water has been diverted to the lake. Dr. Blumenfield asked how long Mr. Mason and Mr. Leonard have lived at this location. Mr. Leonard has ZBA 8/2312001 Page 2 been there for 17 years and Mr. Mason built a new home at this location 7 months ago. Mr. Mason stated he was not aware he needed a driveway permit as he obtained his occupancy in winter and the driveway was not discussed. Assistant Plan Director Wolff stated Mr. Mason's lot itself is legal non -conforming as it is only 50 feet in width. The Mr. Leonard's property is also classified as legal, non -conforming for the same reason. In addition, there is a legal, non -conforming 1-'/2 car garage located approximately 10-feet from the Wentland Drive roadway. The properties otherwise meet all bulk requirements outlined in the Zoning Code. The City does not restrict the width of a driveway, except when the Public Works Department must install a culvert. As such, the only regulation is the 3-foot separation between the driveway and the lot line. Staff recognizes that many of the narrow properties around the lake are paved from lot line to lot line in order to maximize their off-street parking areas (typically for lake related items, i.e.-boats) and to increase turning radii for side entry garages. While many lake properties require many variances in order to construct a residence and garage with functionality, Mr. Mason has met all the bulk requirements (setbacks, offsets, FAR, and open space required) during construction. Further, the side entry garage allows for a longer driveway to provide more off-street parking than would a traditional, front -entry garage. However, due to the property being 17-feet narrower than is required by Code, there is a practical difficulty in complying with the Code, and the pavement for the driveway was installed to the lot line to increase the turning radii in the garage. Mr. Leonard's lot, and particularly the pre-existing location of the structure does not allow for off-street parking in front of the garage. In order to provide off-street parking, the petitioner paved the areas to the north and south of the garage to the lot line. The parcel is 17-feet narrower than is required by Code, and as such, there is a pre-existing condition of the structure location and substandard lot size which results in a practical difficulty in complying with the Code. DELIBERATIONS Mr. David Conley made a motion to approve both appeals as submitted. Mike Brandt seconded. Upon roll call vote, motion carried unanimously. APPROVAL OF THE MINUTES: Dr. Blumenfield made a motion to approve the minutes from May 24, 2001 meeting. Terry O'Neil seconded. Upon voice vote, motion carried. ADJOURNMENT: With no further business to come before this board, Horst Schmidt made a motion to adfourn at 7:30 P.M. Dr. Blumenfield seconded. Upon voice vote, meeting was adjourned. Respectfully submitted, Susan J. Schroeder 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 Muskego Room at the Muskego City Hall, W 182 S8200 Racine Avenue, at 7:00 P.M., Thursday, August 23, 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 #04-2001 Petitioner: Shan Mason Residence: W 190 S7066 Wentland Drive 1 Tax Key No. 2180.949 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 4,05(2) Permanent Structures E. Walks, drives, paved terraces and purely decorative garden accessories such as pools, fountains, statuary, flag poles, etc., where subject to "permanent structure" classification shall be permitted in setback and offset areas but not closer than 3 feet to an abutting property line other than a street line. An offset of 3-feet is required from the south property line. The petitioner seeks an offset of zero (0) feet from the south property line to permit the construction of a driveway, and is therefore requesting a 3-foot variance from the south property line. Zoned: RS-31OLS, Suburban Residence District as modified by the Lakeshore Overlay APPEAL #05-2001 Petitioner: James Leonard III Residence: W 190 S7082 Wentland Drive 1 Tax Key No, 2180.950 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 4.05(2) Permanent Structures ZBA 8/23/2001 Page 2 E. Walks, drives, paved terraces and purely decorative garden accessories such as pools, fountains, statuary, flag poles, etc., where subject to "permanent structure" classification shall be permitted in setback and offset areas but not closer than 3 feet to an abutting property line other than a street line. An offset of 3-feet is required from the north and south property lines. The petitioner seeks an offset of zero (0) feet from the north and south lot lines to permit the construction of a driveway, and is therefore requesting a 3-foot variance from the north and south property lines. Zoned: RS-3/01-S, Suburban Residence District as modified by the Lakeshore Overlay 6. APPROVAL OF THE MINUTES FROM THE AND MAY 24, 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 10th day of August, 2001 City of Muskego Zoning Board of Appeals Supplement 04-2001 For the meeting of. August 21, 2001 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 4.05(2) Permanent Structures E. Walks, drives, paved terraces and purely decorative garden accessories such as pools, fountains, statuary, flag poles, etc., where subject to "permanent structure" classification shall be permitted in setback and offset areas but not closer than 3 feet to an abutting property line other than a street line. LOCATION: W190 S7066 Wentland Drive 1 Tax Key No. 2180.949 SE % Section 5 PETITIONER: Shan Mason PREPARED BY: Dustin Wolff BACKGROUND The property currently contains a legal and conforming residence constructed in 2000. The property is zoned RS-310LS, Suburban Residence District as modified by the Lakeshore Overlay. The lot itself is legal non -conforming as it has a 50-foot average width and 12,177 square feet. The property meets the open space requirement. An offset of 3-feet is required for a driveway from the south property line. The petitioner seeks an offset of zero (0) feet from the south property line to permit the construction of a driveway, and is therefore requesting a 3-fool variance from the south property line. DISCUSSION The City does not restrict the width of a driveway, except when the Public Works Department must install a culvert. As such, the only regulation is the 3-foot separation between the driveway and the lot line. Staff recognizes that many of the narrow properties around the lake are paved from lot line to lot line in order to maximize their off-street parking areas (typically for lake related items, i.e.-boats) and to increase turning radii for side entry garages. While many lake properties require many variances in order to construct a residence and garage with functionality, the petitioner has met all the bulk requirements (setbacks, offsets, FAR, and open space required). Further, the side entry garage allows for a longer driveway to provide more off-street parking than would a traditional, front -entry garage. However, due to the property being 17-feet narrower than is required by Code, the pavement for the driveway was installed to the lot line to increase the turning radii in the garage. STAFF RECOMMENDATION Approval of Appeal 04-2001 permitting an offset of zero feet from the south property fine to allow for the driveway only as constructed. 07/30/2001 10:30 2626795614 1+JSKEGO BLDG & PLANG PAGE 03 CITY OF MUSKEGO BOARD OF APPEALS ApplicitIOBLEO—EVafa ' N e Applicants am Subject Property Address - &ozz, Telephone 4, cA - c-A-C-5 —A 0"— Property 7Zoning: Tax Key RS -,3iaL,5 Petitioner's relationship to property (circle appliciable): owner lessee other Fee: $200.00 Date inspector denied zoning permit: _ © 1 Requesting variance to Code Section S To allow: I A literal enforcement of the terms of the above -referenced section would result in practical difficutaqd unnecessary hardship use: "o V7._ The va ' nc accord with if nfqnlpd will not be contrary to the public interest and will be in ie spirit of, the code because: The variance, of gr4ted, will not adversely ap p blic welfare because: =q�astn= C r-IA L > .�� G[L C safety or jeopardize CITY OF MUSKEGO July 17, 2001 Mr. Shan Mason W190 S7066 Wentland Drive Muskego, WI 53150 Re: Concrete Driveway Installation W190 S7066 Wentland Drive (Tax Key No. 2180.949) Dear Mr. Mason: DEPARTMENT OF CITY PLANNING Brian D. Turk Director of Planning (262) 679-4136 On July 12, 2001 the Building and Engineering Department, in the course of reviewing drainage for the reconstruction of Wentland Drive, discovered that the driveway on your property has been paved to the south lot line. Per Section 17:4.05(2)E: "Walks, drives, paved terraces and purely decorative garden accessories such as pools, fountains, statuary, flag poles, etc., where subject to "permanent structure" classification shall be permitted in setback and offset areas but not closer than 3 feet to an abutting property line other than a street line." Further investigation has found no record of a driveway permit issued by the Planning Department. This letter is to inform you of the above City requirements, and the choices available to you. One, remove that portion of the drive which is located within 3-feet of the south lot line. Two, apply to the Zoning Board of Appeals for a variance to the above reference Code Section. Please find enclosed the appropriate permit application and Zoning Board of Appeals forms for your convenience. Please inform the Planning Department of your intended remedy within 30 days of the date of this letter. Failure to comply may result in the issuance of citations. Thank you for your cooperation. If you have any further questions, please do not hesitate to contact the Planning Department at (262) 679-4136. Sincerely, CITY VSKEGO Du in J. Assistant iector Cc: Alderman Petfalski Brian Turk, Plan Director Sean McMullen, Director of Bldg. And Eng. Building File W182 S8200 Racine Avenue - Box 749 - Muskego, Wisconsin 53150-0749 - Fax (262) 679-5614 CITY OF MUSKEGO BOARD OF APPEALS Application for Variance Applicant's Name R ►�cJ ,� Subject Property Address Telephoneas- Property Zoning: rs -VOLs Tax Key # 4 Petitioner's relationship to property (circle applicable): IL owner lessee other e: $200.00 Date inspector denied zoning permit: 7 - 1 Requesting variance to Code Section _f 1 : q , aS To allow: r�e A literal enforcement of the terms of the above -referenced section would result in practical difficulty and unnecessary hardship because: Na '- The variance, if granted, will not be contrary to the public interest and will be in accord with the spirit of the code because: �} 4-- r _ 7 — _ ila�F•r� _�sJi The variance, if granted, will not adversely affect public safety or jeopardize public welfare because: Daniel & Barbara LaMere W190 S7088 Wentland Drive Muskego, WI 53150 August 2, 2001 Re: Improvements to the properties at W190 S7066 Wentland Drive & W190 S7082 Wentland Drive To Whom It May Concern: We reside in the house to the south of the above addresses. We are very pleased with the improvements the owners of these properties have recently made, specifically changing the parking area from gravel to cement, eliminating overgrowth of bushes, and adding grass and landscaping. Not only have Shan Mason and James Leonard III enhanced the appearance of their properties, their improvements obviously have helped with erosion control. In our opinion, they have greatly improved the properties and our neighborhood! We are pleased with the results. Sincerely, Daniel LaMere Barbara LaMere 8/22/2001 TO; Dan Schepp Chairman Board of Appeals City of Muskego Dear Dan and board of appeals, This letter is in reference to the letter received in regards to the public hearing for Thursday August 23rd, 2001 on the zoning ordinance of chapter 17 sections 3.08(1). For the variance for James Leonard III and Shan Mason. I unfortunately cannot attend this meeting. However if I could I would strongly support the appeal to allow the variance of the driveways between these two properties. Granted there is a bit of concrete but it is very neatly done and allows usage between both properties. It is very nice to see two adjacent owners cooperate to make the neighborhood look a little nicer. I can walk around the lake and site various example of properties that do not look as nice or are kept as well with nice lines as these two driveways have. I anticipate that when it comes time for us to put in our driveway it will look as nice and work as well as Mr. Leonard's and Mr. Mason's does. Thank you for your time. Respectively, Mike Mai and Merrilee Mahn W 190 S7052 Wentland Dr. Muskego, WI.53150 (262) 679-0502 f, r ate: Date: d a Ul p30 �Cnro O ' �p7 (nn�� v v CAO 'D N 11 p < Q 0-c CD O CCC)O 0) cLa Cl_ C CD �' u'1 ^ CD Q 1 cc A,02SEMS vT H O CS CD *d CD o' N 0CA 0 N p CD fn H h < o L o y (D 0) N CAD QS � 7 Co 7 (/� CD �•� o w h i c o z �'``�< z `i A Qcn�'ppi�rn`c°_°vN@`acn0a�co raF N `C A y ('� - (1 j. (n 3' 0 ' " '� S i� �ni L [ N '• .r !1 b C a oo p - �' OC N CD N a O CD Z O J �� C P N O 'D O_ w �' --a O CD O�� p � '+ Q' m 4- i 7 In O O• m 7 N �+ '�" `� VOJ "ry" -4 cn �CC 4 3° CD �O ¢7fD U �cO CD j� Q a'o upi CD yd �! C US 7 O O p 7 O O O c Z C CD S c �\\` P P w i ul 3 Q e coCD O C'I o y O X o' r2 7, O CD o CD "� o C,i o CD T ` l r .'+ o * a O N 3 OZ (n O N N O] CD CD 0 O 0 �' s A C O a _ Cp zr p� j e CD (n - or 0. N CD CnCD w .•. C _ lC� r Qm M Q'i P , ^' 67 CD 63 T CR j CD o O CD U? 0) D7 O C obi '+m-0 OU 0° ��c O CD m�6CC°N D Coo m C0 oQ Q -- CD ni \-y_ CD CD . 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