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Zoning Board of Appeals- - Minutes 06/27/2002CITY 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 Dragan Krecak, by the Zoning Board of Appeals of the City of Muskego in Appeal # 04-2002 to permit 67.3-percent of the lot area preserved as open space at W 188 S7592 Oak Grove Drive 1 Tax Key No. 2192.069, based upon the applicant having met the specifics of the City Ordinance with respect to granting variances. It was found that the variance preserves 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 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 8"' day of July 2 02. Signed 1 Dan Schepp Chairman, Zoning Board of Appeals Signed Dusti J Wolff Assis nt Plan Director W182 S8200 Racine Avenue - Box 749 - Muskego, Wisconsin 53150-0749 - Fax (262) 679-5614 ZONING BOARD OF APPEALS MINUTES CITY OF MUSKEGO June 27, 2002 UNAPPROVED Meeting was called to order at 7:00 P.M. PRESENT: Chairman Dan Schepp, Vice Chairman Schneiker, Mr. David Conley, Dr. Barbara Blumenfield, Mr. Harvey Schweitzer and Assistant Plan Director Dustin Wolff. ABSENT: Mr, Horst Schmidt STATEMENT OF PUBLIC NOTICE: The Secretary stated the meeting was noticed on June 24, 2002 in accordance with Open Meeting Laws. Those present recited the Pledge of Allegiance. NEW BUSINESS: APPEAL #04-2002 Petitioner: Dragan Krecak, Residence: W188 S7592 Oak Grove Drive / Tax Key No. 2192.069, 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 5.08 Existing Substandard Lots: The open space requirements in the case of such lot may be reduced without appeal provided the open area is equal to at least 75% of the actual lot area. Minimum open space for the property is required in the amount of 6,844 square feet (75% of the 9,125 SF lot). The current open space is 2 square feet less than required, resulting in 75-percent of the lot area preserved as open space). The Appellant is proposing to construct an addition to the residence and to pave a 603 SF driveway, resulting in 67.3-percent of the lot area preserved as open space, and is therefore requesting an 7.7-percent variance to the Code requirement. Vice Chairman Schneiker administered the oath to Dragan Krecak and Nikola Krecak, Dragan Krecak explained he would like to add on to his garage for additional storage and pave the driveway. Mr. Krecak stated his property is relatively level and by not having a paved drive it is causing water problems in the basement. By paving the driveway, the topography can be altered to ensure that the water would run away from his basement into the street. Mr. Wolff presented the City's opinion. In the past the Board has taken the position that all properties should be afforded the opportunity to install paved driveways. Paved driveways enhance properties, reduce the effect of dust for surrounding properties, and further the Best Management Practices and Policies of the City by reducing sedimentation in run-off. Staff finds that there is practical difficulty in complying with all aspects of the Code for this property due to its area being approximately 1,000 SF less than the District requirement. Over the past few years, most recently at the May 2002 meeting, the Board has approved exceptions to the open space requirement for properties on Kingston Drive. DELIBERATIONS: APPEAL #04-2002 Mr. Schneiker moved to approve as submitted. Dr. Blumenfield seconded. Upon a roll call vote, the motion was approved 5-0, Mr. Conley stated he feels the addition would be a great improvement to the property both to the water problem in the basement and allowing for additional storage. Dr. Blumenfield noted the hardship in this situation is the water problem in the basement and to avoid potential structural problems it is in the best interest to pave the driveway. APPROVAL OF THE MINUTES: Dr. Blumenfield moved to approve the minutes from May 23, 2002 as submitted. Seconded by Mr. Conley. Upon voice vote, motion carried. MISCELLANEOUS: None ADJOURNMENT: With no further business to come before this board, Dr. Blumenfield moved to adjourn. Mr, Conley seconded. Upon voice vote, meeting adjourned at 7:26 P.M. Respectfully Submitted, Kellie Renk Recording Secretary CITY OF MUSKEGO ZONING BOARD OF APPEALS AGENDA June 27, 2002 7:00 PM Muskego City Hall, Muskego Room, W182 S8200 Racine Avenue CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL STATEMENT OF PUBLIC NOTICE INTRODUCTION OF NEW BOARD MEMBERS 1. Dr. Barbara Blumenfield — Regular Member 2. Mr. Horst Schmidt — Regular Member 3. Mr. Harvey Schwietzer — 15` Alternate Member 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. OLD BUSINESS 1. None NEW BUSINESS 1. APPEAL #04-2002 Petitioner: Dragan Krecak Residence: W 188 S7592 Oak Grove Drive 1 Tax Key No. 2192.069 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 5.08 Existing Substandard Lots The open space requirements in the case of such lot may be reduced without appeal provided the open area is equal to at least 75% of the actual lot area. ZBA 6/27/2002 Page 2 Minimum open space for the property is required in the amount of 6,844 square feet (75% of the 9,125 SF lot). The current open space is 2 square feet less than required, resulting in 75-percent of the lot area preserved as open space). The Appellant is proposing to construct an addition to the residence and to pave a 603 SF driveway, resulting in 67.3- percent of the lot area preserved as open space, and is therefore requesting an 7.7- percent variance to the Code requirement. APPROVAL OF THE MINUTES FROM THE MAY 23, 2002 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 Jean K. Marenda, Clerk -Treasurer at Muskego City Hall, (262) 679-5625, City of Wiuskego Zoning Board of Appeals Supplement 04-2002 For the meeting of: June 27, 2002 REQUESTING: Under the direction of Chapter 17 Zoning Ordinance: Section 3.08(1) Appeal Provisions, Petitioner seeks the following variances Chapter 17—Zaning Ordinance: Section 5.08 Existing Substandard Lots The open space requirements in the case of such lot may be reduced without appeal provided the open area is equal to at least 75% of the actual lot area APPELLANT: Dragan Krecak LOCATION: W188 S7592 Oak Grove Drive 1 Tax Key No. 2192.069 SE % Section 8 PREPARED BY: Dustin Wolff BACKGROUND The petitioner seeks an exception to the open space requirement for the district. Minimum open space for the property is required in the amount of 6,844 square feet (75% of the 9,125 SF lot). The current open space is 2 square feet less than required, resulting in 75-percent of the lot area preserved as open space). The Appellant is proposing to construct an addition to the residence and to pave a 603 SF driveway, resulting in 67.3-percent of the lot area preserved as open space, and is therefore requesting an 7.7-percent variance to the Code requirement. DISCUEVON The petitioner is proposing to construct a home addition with an attached garage of approximately 795 square feet. The proposal meets the bulk requirements outlined in the Zoning Code, with the exception of oper-r space. During the review it was determined by the Planning Department that the building proposal would exceed the total area of impervious surface allowed by 101 square feet. The petitioner is also proposing to install a driveway 34-feet wide extending to the roadway. The Board has taken the position that all properties should be afforded the opportunity to install paved driveways. Paved driveways enhance properties, reduce the effect of dust affecting surrounding properties, and further the Best Management Practices and Policies of the City by reducing sedimentation in run-off. As such, the Board has ruled favorably in matters regarding open space variances to allow paved driveways. Staff concurs with this policy Staff finds that there is practical difficulty in complying with all aspects of the Code for this property due to its area being approximately 1,000 SF less than the District requirement. Over the past few years, most recently at the May 2002 meeting, the Board has approved exceptions to the open space requirement for properties on Oak Grove Drive. STAFF RECOMMENDATIONS Approval of Appeal 03-2002, allowing a 7.7-percent exception to the open space area required for the property in order to provide a paved driveway. . -C'l !L5 D� b, Fs 4+L f '# creerb i t • 7.a r '�y'°aJ It-c'S t [ +: 8 X- SF- sr.r-- .c , 3c,I sF IF �+ z b��� C CITY OF MUSKEGO BOARD OF APPEALS APPLICATION FOR DIMENSIONAL VARIANCE Appellants Name: DrQ go, ri Wreca-�< - Subject Property Address: W _) $ g ] 59 :z oo k Grove. "l vet Telephone: Day: Evening: W 1 L4~ G Dy -- 9 Sb b Property Zoning- - 3�oL S Tax Key: Petitioner's relationship to property (circle applicable)- Owner Lessee Other Date inspector denied zoning permit: Requesting variance to Code Section I ? - S . a To allow: A literal enforcement of the terms of the above -referenced section would result in practical difficulty and unnecessary hardship because: The variance, if granted, will not be contrary to the public interest and will be in accord with the spirit of the code because: to The variance, if granted, will not adversely affect public safety or jeopardize public 0 welfare because: S:ICITYHALL1ZBAlAppkationsLZBA-Dimensional Appeal Application.doc Last printed 1121102 914 AM Application for Dimensional Variance To allow: attached Zarao be added to existing dwelling. By attaching the garage the open space area would increase to 26%, which is only 1% above the allowed. A literal enforcement of the terms of the above -referenced section would result in practical difficulty and unnecessary hardship because: prope . is a legal conforming_property that is only 50 ft. wide and is only 9,125 sq. ft. There is no land available for purchase to meet the current minimum requirement of 10,000 sg. ft. and 65 ft. wide. This is one of the downfalls of owning lake properly. After the proposed addition the well would be located in the garage, therefore limiting the useable space in the garage. Also to limit the impact on the overall appearance of the property, I do not plan on erecting an outbuilding to store recreational and garden equipment. I plan to make use of the additional garage space. My home is also below street level grade and currently has unngyed parking where the pLop2sed addition would be which permits water to collect and drain into the dwelling. The proposed attachment would eliminate the large amount of dust and mud that are accumulated in this unpaved area. 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 is minimal, only 1%. In addition, I will be improving the existing offsets by removing the existing detached garage. My neighbors have viewed my p oposed expansion and agree that it would not negatively impact their propgqy. The variance, if granted, will not adversely affect public safety or jeopardize public welfare because: I would be improving the distance from the public right-of-way. Other pru,W tieb in the ric�hborhocd appear to have no more open space or rg. een space than my proWqy. I am limited due to the fact that my house is set back 80 ft. from the lake and 1 am not able to put a garage on the lake side of the property. Thank you for your consideration. Dragan Krecak 6V5 i � SUBMITTAL REQUIREMENTS FOR DIMENSIONAL VARIANCE REQUESTS At the direction of the Zoning Board of Appeals, the following information is required to be submitted with the application: ■ For any variance pertaining to a parcel of land, a Plat of Survey, prepared by a Registered Land Surveyor, must be submitted. The Plat of Survey must be dated, with no time requirements, and include the original seal of the surveyor. Plat of Survey must contain the following: 1. The parcel in question with dimensions, bearings and a description of the exterior boundaries. 2. Abutting streets, properties, lakes and/or rivers, etc. 3. Location and size (with dimensions and area) of any existing buildings or structures. 4. Ordinary High-water Mark, 100-year Flood Elevation, 2-foot about the 100- year Flood Elevation, Easements, etc. 5. Location and size of culverts, ditches, trees, wells, septic system, retaining walls, driveways, sidewalks, patios, or any other items pertinent to the variance requested —including area calculations. 6. Elevations at corners of parcel, building corners, grade breaks and any other elevations pertinent to the variance requested. 7. Proposed building, structure or appurtenance for which the variance is being requested. • The scaled construction drawings of the appurtenance, addition, or structure for which the variance is being requested. ■ Fee in the amount of $200.00 Account # 100.01.18.03.4327 SIGNATURE OF APPELLANT DATE SIGNATURE OF OWNER (if different) DATE 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 1 APPLICANT 1 OWNER 1 DEVELOPER FOR 100% RECOVERY. (Ch. 3.0851Ord. #909) s:1C1TYHALLIZBA1ApplicabonslZBA-DimensionaE Appeal Application.doc Last printed 4/5/2002 2:17 PM ir Aiw� x - xi1" S ki. tt •♦ -.F r Wilier' • - ti• . _:1iC.l�..r ' JIS►. :".k, -