ZBA-Minutes 05-1989CITY OF MUSKEGO
BOARD OF APPEALS
MINUTES OF BOARD OF APPEALS MEETING HELD ON April 27, 1989.
Vice Chairman Pro Tem Thomas Berken called the meeting to order
at 7:30 P.M.
PRESENT: - Vice Chairman Pro Tem Thomas Berken, Linda Koester,
Terry O'Neil, Donald Pionek, and Director Gerald Lee.
ABSENT: - Chairman Gerald Fohr, Vice -Chairman Lloyd Erno, and
Darryl Rowinski.
MINUTES: - Mr. Pionek moved to approve the Minutes of January 26,
1989. Mr. O'Neil seconded. Upon a voice vote the motion
carried.
APPEAL 3-89 - GERALD LOEBEL Vice Chairman Pro Tem
Thomas Berken stated that this was a rehearing to clarify a
previous appeal for industrial use of residentially zoned
property and an appeal from an administrative officer. Atty.
Patrick Hudec presented Mr. Loebel's case giving the background
of the business and the request for industrial use of
residentially zoned property. Mr. Loebel feels the business
doesn't havea negative impact on the neighborhood. Mr. Lee
responded that this case is beyond the powers of the Board of
Appeals but could grant an extension of time. He referred to a
letter he had received fro* the City Attornev dated February 21,
1989 upholding his decision. Mr. Lee feels it is up to the
courts to decide and suggests that the Board of Appeals deny
manufacturing use of the property. Atty. Hudec,presented letters
with three signatures of Mr. Loebel's neighbors, who are in favor
of allowing his business use. There was further discussion by
all concerned parties.
APPEAL 5-89 - JOH`7 ROSKOS Mr. Roskos appeared before
the Board to request a 4' variance to construct an addition to
the residence that would place the dwelling 6' from garage. He
stated that it would be a 14' x 4' wide addition and he needs
room for an entryway. Mr. Lee stated that he doesn't need a
height variance, but needs a firewall to meet Building Code
regulations.
APPEAL 6-89 - Was withdrawn at the request of Mr. & Mrs.
Hartung.
APPEAL 7-89 - TERRY PETERSON Mr. Peterson appeared
before the Board to request a 4 3/4 offset variance and a size
variance of 209 square feet to construct a detached garage.
He would have to fill in his yard to construct the garage further
back in his vard. He needs the 3-car garage for storage. Mr.
Lee stated that the zoning is RS2/OOS which only allows a
Page 3, B'A Min,.j-es of 4/27 39
APPEAL 10-89 (con-.;
permitted to he bui1- in that loca-ion? Mr. Lee responded that
the house should have been ;roved back and the garage built in
front as the lot is 46' wide. Mr. Maranowicz stated that he has
a contract signed for this work. Mr. Gehling, whose mother Mary
Gehling lives next door at S76 W18173 Janesville Road, was
present and stated that the driveways are side by side and his
mother was concerned about the drainage.
At 9:10 P.Y. the Vice Chairman Pro Tem heard a request from Mr. �
Mrs. Rober- White, S99 W12953 Loo-is Road, who felt they were
aggrieved neighbors of Ronald Peuse, who had his Appeal 23-88
heard before the Board of Appeals on 12/8/88. The variance had
been granted for a 3' offset variance to allow an existing
driveway to remain within the offset area. They questioned
whether there could be a re -appear. Mr. Lee responded that he
would research the position of the Board for a re -appeal, but
felt that if it was within 1 year of the variance being granted,
it could nor be reheard without ne.. evidence being su,)mitt_ed.
This matter could he taken to the 7ircuit Court and if the Board
wishes to react to the testimony and after it was given, they
could at a later date.
Mrs. White also felt that the Min -:-es of December 8, 1988 were
incorrect as to the hardship beinz stared as the area defined
driveway when it really is a "turn -around". The Board will look
into this Tatter.
The Board took a five min-ste recess.
Mr. Berken moved to go in-o Closed Session pursuant to
Section 19.85 (1) (a) of the State Statutes for the purpose of
deliberating concerning cases whic': were the subject of
aquasidudicial hearing: said cases being the above listed
appeals. Mr. O'Neil seconded and -he motion carried.
The Board of Appeals reconvened into open session at 9:20 P.M.
APPEAL 3-89 Mr. O'Neil roved to uphold the decision of
Gerald P. Lee, the administrative officer, and give Mr. Loebel
the remainder of the 6 months extension to pursue other
7 o tions. `"r. Pionek seconded and :he motion carried.
APPEAL 5-89 Mr. Berken ^oved to approve the appeal as
submitted. The hardship is the narrow width of the lot, size of
the lot and the closeness of the ':ildines. The garage is to be
firewalled. Mr. O'Neil seconded a-:d the motion carried.
APPEAL 6-89 - Withdraw*.
May 2, 1989
Mr. John Roskos
W186 S7675 Lincoln Drive
Muskego, WI 53150
Dear Mr. Roskos:
The Board of Appeals wishes to advise you that your request for a
4' separation variance to construct an addition to the residence
has been approved as submitted.
Thank you.
Sincerely,
BOARD OF APPEALS
Cheryl Schmidt
cc: Chairman Gerald Fohr
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DESCRIPTION: Lot 60 in the Plat of Kingston's On Muske,go Subdivision
NI—nber 2, being a subdivision of a part of the NE 1/4, NW 1/4, SW 1/4
and SE 1/4 of the SW 1/4 of Section 9, Township 5 North, Range 20 East
in the City of Muskeeo, Waukesha County, Wisconsin including a
resubdivision of a part of Kingston's on Muskeqo Subdivision Number 1,
recorded in Plat Book 13, Pages 4 and 5, Waukesha County records
described as follows to wit: Comnencinc at the SE Corner of Lot 8 of the
said subdivision, and thence S 67° 42' W, 420.00 feet; thence N 21° 02' W,
223.00 feet; thence N 67° 42' E. 357.27 feet; thence N 21° 02' W, 7.05
feet; thence along the arc of a curve of radius 406.3 feet and I.angle
22° 22' and chord bearing S 79° 53' 57" E, 53.40 feet thence along the
arc of curve cf radius 44.70 feet and I angle 62' 38' and chord bearing
S 52° 27' E, 46.50 feet; thence S 21° 02' E, 161.70 feet to beginning
OWNER: John Roskos W186 S7675 Lincoln
REQUESTED BY: Republic Savings and Loan, its successor and/or its
assigns, ATTENTION DORETHA!!
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