ZBA-Minutes 05-1991April 3, 1991
Mr. Donald B. Chapman
W188 S7628 Oak Grove
Muskego, WI 53150
Dear Mr. Chapman:
The Board of Appeals wishes to advise you that your request for
a 6' offset variance to allow an existing storage structure
has been denied.
Thank you.
Sincerelv,
BOARD OF APPEALS
Cheryl Schmidt
Recording Secretary
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April 3, 1991
Mr. Donald Chapman
W188 57628 Oak Grove Drive
Muskego, WI 53150
Dear Mr. Chapman:
You were advised in correspondence of April 3, 1991 that the Board
of Appeals denied your request for a 6 foot offset variance for
your existing storage structure located on your property as
addressed above. Please be advised that due to the denial of the
variance, the location of your shed continues to be in violation
of the zoning ordinance regarding setbacks for such structures.
This department is requesting that you either remove the shed from
the location and bring it into compliance with the required
setbacks or submit to us a plat of survey which exactly locates
the shed on your property. The latter alternative would be the
information required in the event you would want to repetition the
Board of Appeals for the variance. Be further advised that the
removal of the shed or the plat of survey must be submitted to us
within 10 days from the date of this letter. ,Noncompliance will
result in the issuance of a citation.
Sincerely,
GENE KOVACS
Assistant Director
cc: Mayor Wayne Salentine
Alderman David Taube
Public Safety Committee
CITY OF MUSKEGO
BOARD OF APPEALS
MINUTES OF BOARD OF APPEALS MEETING ON APRIL 25, 1991.
Chairman Gerald Fohr called the meeting to order at 7:30 P.M.
PRESENT: Chairman Fohr, Vice -Chairman O'Neil, Thomas Berken,
Donald Pionek, Lloyd Erno, Darryl Rowinski and Director Lee.
ABSENT: Bonnie Posbrig.
MINUTES: Mr. O'Neil made a motion to approve the Minutes of the
March 28, 1991 meeting and Mr. Erno seconded. Upon a voice vote
the motion to approve the minutes passed unanimously.
APPEAL 5-91 - Donald B. Chapman, W188 57628 Oak Grove
Chairman Fohr read the appeal for Mr. Chapman requesting a
re -consideration to request a 5' offset variance to allow an
existing storage structure. Zoning: RS-3/OLS. Mr. Lee gave some
history on this appeal. A 6' variance was requested at the last
meeting on 3/28/91 which was denied. Mr. Chapman is submitting a
survey as new evidence and asking for a 5' variance. His
structure projects into the right-of-way and now he needs a 5'
variance up to the lot line. Mr. Chapman stated since the last
meeting he has moved the shed within 5" of the house. He obtained
permission from the Park & Rec Department to get access to the
right-of-way to move it. He submitted pictures of how far he
moved the structure. He had problems with the well nearby.
Chairman Fohr opened discussion to the audience. Mr. Ed Lyon a
neighbor questioned the size of the shed and its position near the
lot line. Mr. Lee was questioned as to why a 5' offset is
required? Mr. Lee said for possible drainage problems and
emergency access (Fire Dept., etc.). Mr. O'Neil asked if he had
Plan Commission approval? He did not. Mr. Chapman said he just
replaced the old shed. His hardship is the position of the house,
well cap and a large tree, as well as utility lines in the yard.
There was some discussion about the restriction of access to the
lake with signs, etc. Another neighbor, Mr. Steffens asked what
-all the fuss is about -- people can still go fishing, snowmobiles
use the yards. Mr. Chapman said he maintains the right-of-way by
cutting the grass, etc. He asked if he is denied what happens.
Mr. Lee said he would be given a reasonable amount of time to
remove the shed. Chairman O'Neil informed Mr. Chapman the Board
of Appeals will try to reach a decision on this variance tonight
and he could call the Building Inspection Office in the morning to
obtain the Board's decision or wait for it to be mailed to him
within five (5) days.
APPEAL 8-91 - Vivian Bernhardt, W192 57142 Hillside Drive
Chairman Fohr read the request for a 20' setback variance on
Hillview Drive to construct a 30' x 24' garage. Zoning: RS-3/OED
Mr. Lee explained the zoning requirements and the reason for the
appeal. The topography runs quite sharply on the lot.
a
Mrs. Bernhardt and her son were present. She would like to put
the garage in line with her house, which would change the appeal
as requested. Mr. Rowinski explained that if the Board granted
her appeal tonight, she would be able to come back for another
appeal to request that variance. Mrs. Bernhardt also said the
existing sheds will come down. There was some discussion
concerning the distance from the center of the road and the road
width. Mr. Lee confirmed the road width. Chairman Fohr said the
Board would act on the appeal as submitted. Mrs. Bernhardt said
her hardship would be the elevation of the property. Chairman
Fohr informed Mrs. Bernhardt the Board would try to reach a
decision on the variance as requested and she could call the
Building Inspection Office in the morning to obtain the Board's
decision or wait for it to be mailed to her within five (5) days.
APPEAL 9-91 - Joe & Laurie Betla, S74 W 20570 Field Drive
Mr. Fohr read the appeal for an 18 1/2' variance from the east lot
line to construct a 24' x 30' second garage structure. Zoning:
RCE (rural country estates) There were two changes to be made to
the appeal: 1-change size of structure to be 24' x 30' and 18
1/2' variance from east lot line. Mr. Lee explained the method
used to determine the variance needed. The Recording Secretary
will make the changes for the records. Mr. Betla said his
hardship is the mound system and gully on the lot. Chairman Fohr
informed Mr. Betla the Board will try to reach a decision tonight
and he could call the Building Inspection Office in the morning to
obtain the Board's decision or wait for it to be mailed to him
within five (5) days.
The Board remained in Open Session.
APPEAL 5-91 - Donald B. Chapman
Several concerns about this variance request were discussed.
He did submit a survey for re -consideration. Mr. Chapman didn't
have Plan Commission approval or a permit. If denied, he can't
appeal for one (1) year. It was a bad choice to build the
structure. Mr. O'Neil made a motion to deny the variance based on
the fact that there is no appropriate hardship. Mr. Berken
seconded. Upon a roll call vote the motion to deny passed by a
vote of 4 to 2 with Chairman Fohr, Vice -Chairman O'Neil, Mr. Erno
and Mr. Berken for denial and Mr. Pionek and Mr. Rowinski voting
for the variance request.
APPEAL 8-91 - Vivian Bernhart
The Board discussed the various locations of the garage on the
lot. Mr. Erno made a motion to grant the variance conditioned
that that two sheds be removed upon completion of the garage. The
hardship is the topography of the site. Mr. O'Neil seconded.
Upon a roll call vote the motion to grant the variance passed
unanimously.
APPEAL 9-91 - Joe & Laurie Betla
The Board requested the records be made changed to show an 18
1/2' variance request from the east lot line and the size of the
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 58200 Racine Avenue, at 7:30 P.M., Thursday, March 28,
1991 to consider the following appeals:
Appeal 4-91 ROGER FRYCIENSKI
W186 S6834 Jewel Crest
Muskego, WI 53150
Requesting a 4'3" separation variance between
a proposed residential addition and an existing
detached garage structure.
ZONING: RS-3/OLS
Appeal 5-91 DONALD B. CHAPMAN
W188 57628 Oak Grove
Muskego, WI 53150
Requesting a 6' offset variance to allow an
existing storage structure.
ZONING: RS-3/OLS
Appeal 6-91 CALVIN C. LONG
S110 W20606 Denoon Road
Muskego, WI 53150
Requesting a 4' offset variance to construct a
garage.
ZONING: RS-2/OLS
Appeal 7-91 JEFFREY E. SNELSON
S79 W17422 Scenic Drive
Muskego, WI 53150
Requesting a 3' offset
line for the placement
ZONING: RS-2/OPD
NOTICE OF CLOSED SESSION:
variance on the west lot
of a paved drive.
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.
CITY OF MU'SKEGO
BOARD OF AP?z-'A-S
DATE :.^�►PC° �I it - !� t
ADDRESS l%-!�'�3' \ ��� �� ��4�� -7,-0LL TELEPHONE 6-
PROPERTY LOCATION ON WHICH VARIANCE IS REQUESTED
ADDRESS L-, t � � j '�) (-- -)'/ G,,I,' K
SUBDIVISION (% LOT BLOCK
TYPE OF ZONING /Y S 3 - DG- S
VARIANCE REQUESTED:
REASON FOR VARIANCE REQUEST:
$35.00 -- FEE TO BE PAID AT TIME OF APPLICATION:
DATE PAID RECEIPT NO.
DECISION OF THE BOARD OF APPEALS
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