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Zoning Board of Appeals 05-1997CITY OF MUSKEGq� April 1, 1997 Mr. Jerome Stenstrup W212 S7354 Annes Way Muskego, WI 53150 DEPARTMENT OF CITY PLANNING Matthew G. Sadowski, Plan Director (414) 679-4136 1+ OS - C n RE: Board of Appeals Decision: W198 S10857 Racine Avenue Dear Mr. Stenstrup: The Board of Appeals wishes to advise that your appeal from Chapter 17, Section 5.02(2)(b) and Section 4.06(2) granting a 15 foot variance to construct a seven foot walkway within the setback area of the property was approved. Please be advised to request the proper inspection for this permit. Sincerely, Susan J. S oeder Recording Secretary W182 S8200 Racine Avenue a Box 903 • Muskego, Wisconsin 53150-0903 • Fax (414) 679-5614 CITY OF MUSKEGO BOARD OF APPEALS DATEMARCH 27, 1997 APPEAL #5-97 NAME JEROME STENSTRUP ADDRESS W198 S10857 RACINE AVENUE Muskego, WI 53150 PROPERTY LOCATION ON WHICH VARIANCE IS REQUESTED ADDRESS _W198 S10857 RACINE AVENUE TYPE OF ZONING RS-2/OLR Appeal #05-97 REQUESTING: Under the direction of Section 3.08 (1) Appeal Provisions, Petitioner seeks two (2) variances: 1. Chapter 17--Zoning Ordinance: Section 5.02 (2) B Building Location: Setbacks. Said regulation requires a 40 setback from the road right-of-way. Petitioner seeks a 15 foot variance to build an addition 25 feet from the road right-of-way. 2. Chapter 17--Zoning_Ordinance: Section 4.06 (2) A.1 Legal Nonconformity: Classification and Regulation. No such structure may be expanded or enlarged except in conformity with the regulations of the district in which it is located. Petitioner seeks to construct a 7 foot covered walkway within the setback area of the property. DECISION OF THE BOARD OF APPEALS Petitioner seeks a 15 foot variance to build an addition 25 feet from the road right-of-way. Petitioner seeks to construct a 7 foot covered walkway within the setback area of the property. Approved as submitted. CHAIRMAN O'N VICE-CHAIRMA MEMBER SCHNE MEMBER HERDA MEMBER SCHEPP MEMBER SCHUST MEMBER ROSS CITY OF MUSKEGO BOARD OF APPEALS MINUTES OF MARCH 27, 1997 MEETING PRESENT: Chairman Terry O'Neil, Vice Chairman Mike Brandt, Dan Schepp, Henry Schneiker, Ed Herda, Heather Schuster, and Jim Ross. The secretary reported the meeting was properly noticed in accordance with the Open Meeting Law. MINUTES: Mr. Herda made a motion to accept the amended minutes from the February 27, 1997 meeting. Mr. Brandt seconded, upon voice vote, motion carried. NEW BUSINESS:Appesl # 05-97 Jerome Stenstrup, W198 S10857 Racine Avenue. REQUESTING: Under the direction of Section 3.08 (1) Appeal Provisions, Petitioner seeks two (2) variances: 1. Chapter 17--Zoning Ordinance: Section 5.02 (2) B Building Location: Setbacks. Said regulation requires a 40 setback from the road right-of-way. Petitioner seeks a 15 foot variance to build an addition 25 feet from the road right-of-way. 2. Chapter 17--Zoning Ordinance: Section 4.06 (2) A.1 Legal Nonconformity: Classification and Regulation. No such structure may be expanded or enlarged except in conformity with the regulations of the district in which it is located. Petitioner seeks to construct a 7 foot covered walkway within the setback area of the property. Zoned: RS-2/OLR, Suburban Residence District with a Lake Recreation Overlay. Mr. Trejo described the zoning. Mr. Brandt administered an oath to Mr. Jerome Stenstrup. Mr. Stenstrup stated his concept for the building has been to have an old saloon atmosphere. The Plan Commission has approved the concept and stated a variance would be required. Mr. Stenstrup would like to place a covered walkway along the front of the building, the side of Racine Avenue. The building is roughly over a foot higher than ground grade, and the entry would require a step-up access. Mr. Stenstrup would like to place the required handicap access along this side of the building, covered along the walkway. The hardship being the pre-existing location of the building, the expanded right-of-way of Racine Avenue due to the ulitmate right-of-way plan of 2010, and safety conditions for the handicap ramp. Appeal # 06-97 Andy and Lynn Mack, S66 W15271 Woodland Place REQUESTING: Under the direction of Section 3.08 (1) Appeal Provisions, Petitioner seeks three (3) variances: 1. Chapter 17--Zonina Ordinance: Section 5.02 (2) B Building Location: Setbacks. Said regulation requires a 40 setback from the road right-of-way. Petitioner seeks a 2 foot variance to build an accessory structure 38 feet from the road right-of-way. 2. Chapter 17--Zoning Ordinance: Section 4.05 (2) C.4 Accessory Structures: Permanent Structures. Said regulation restricts the square footage of total outbuildings to 60% of the floor area of the principal building on the lot. Petitioner seeks a 20% variance to a build an accessory structure totaling 80% of the floor area of the principal building on the lot. 3. Chapter 30--Building Code: Chapter XI, Section 30.43 (3) (c) Garages: General Requirements. Said regulation restricts the interior area of a wood framed accessory structure to 720 square feet. Petitioner seeks a 216 square foot variance to permit a 936 square foot accessory structure without a dividing firewall. The property zoned RS-1, Suburban Residence district. Mr. Brandt administered an oath to Andy and Lynn Mack. Mr. Trejo described the zoning and stated the house is smaller than required 1600 square foot requirement for this zoning district. This was similar to over 80% of the homes in the Glenbrook Subdivision. If the house were the proper size, a variance would not be necessary to allow a 26' by 36' garage. Mr. Mack stated the current garage structure would be removed and the concrete would also be removed. They have run out of garage space. The garage could not be built facing Lawnsdale Place for fear of vandals breaking into the garage. The service truck should be inside the garage, however, if they build a firewall they would have no mobility inside the garage. The setback would not hinder Lawnsdale Place, since it is a dead-end street. Mr. Trejo stated the residence does have a basement and there is room available on the lot to shift the structure two feet in the other direction. Appeal # 07-97 Anne and Michael Recknagel, W190 57096 Wentland Drive REQUESTING: Under the direction of Section 3.08 (1) Appeal Provisions, Petitioner seeks two (2) variances: 1. Chapter 17--Zoninordinance: Section 5.02 (3) A.1 Building Location Offsets. Said regulation requires a 7.5 foot offset from the northern property line. Petitioner seeks a 4.6 foot variance to build an addition to the rear of the home 2.9 feet from the northern property line. 2. Chapter 17--Zoningrdinance: Section 4.06 (2) A.1 Legal Nonconformity: Classification and Regulation. No such structure may be expanded or enlarged except in conformity with the regulations of the district in which it is located. Petitioner seeks to construct an addition 2.9 feet from the northern property line. The property is zoned RS-3/OLS, Suburban Residence District with a Lake Shore Overlay. Mr. Brandt administered an oath to Anne and Michael Recknagel. Mr. Trejo stated Mr. Recknagel submitted a new plan just prior to the meeting and staff has not had a chance to review the plan. When reviewing the plans submitted at the time of the application, it was noted that the existing garage, which received a variance for setbacks, was mistakenly approved to be place to close to the northern property line. This now had set both structures, the home and the garage, out of compliance. It would be best to apply the larger offset, 7.5 feet, to the addition and home, that way the garage structure would stay in compliance with the zoning district. This would avoid unnecessary problems for the petitioner in the future. Mr. Trejo also stated that a neighbor had called in for information on the variance, and that Mr. Trejo miss informed the neighbor about the addition due to the new change in plans. Mr. Schnieker made a motion to defer Appeal 97-7 to allow time for the appellant to meet with staff and review proposed plan.proposed. Neighbors have been misinformed as to what is ultimately pro p There will be a three month time limit to return to the Board of Appeals. Mr. Schepp seconded. Upon roll call vote, motion to defer was approved unanimously. DELIBERATIONS APPEAL #05-97 Mr. Schneiker made a motion to approve the appeals as submitted due to safety and pre-existing location of structure on the lot. Also, it would cause undue hardship to move the entrance. Granting this variance would not be adverse to public safety and is within the spirit of the code nor contrary to the character of the neighborhood. Mr. Herda seconded. Upon roll call vote, motion was approved 6 to 1, Mr. Schepp voted nay. APPEAL #6-97 Mr. Schepp made a motion to approve the 936 square foot garage due to the fact it is in accordance with the zoning and approve the request not to install the firewall due to the fact this proposed to be removed from the code and it would hinder access within the structure. Mr. Schepp denied the variance for the location; there were other alternatives in terms of location or size of the structure, therefore, there was no hardship in granting said request. Ms. Schuster seconded. Upon roll call vote, the motion passed unanimously. ADJOURN: Mr. Brandt made a motion to adjourn. Mr. Schepp seconded. With no further business to come before this Board, the meeting adjourned at 9:15 P.M. Respectfully submitted, Susan J. Schroeder 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, March 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 ?EBRUARY 27, 1997 MEETING 5. OLD BUSINESS 1. Signing of decision letter from the March 27, 1997 meeting. 6. NEW BUSINESS Appeal # 05-97 Jerome Stens-'rup W198 S10857 Racine Avenue Muskego, WI 53150 REQUESTING: Under th,a direction of Section 3.08 (1) Appeal Provisions, Petitioner seeks two (2) variances: 1. Chapter 17--Zoning Ordinance: Section 5.02 (2) B Building Location: Setbacks. Said regulation requires a 40 setback from the road right-of-way. Petitioner seeks a 15 foot variance to build an addition 25 feet from the road right--of-way. 2. Chapter 17--Zoning Ordinance: Section 4.06 (2) A.1 Legal Nonconformity: Classification and Regulation. No such structure may be expanded or enlarged except in conformity with the regulations of the district in which it is located. Petitioner seeks to construct a 7 foot covered walkway within the setback area of the property. Zoned: RS-2/OLR, Suburban Residence District with a Lake Recreation Overlay. BOA 03/27/97 Page 2 Appeal # 06-97 Andy and Lynn Mack S66 W15271 Woodland Place Muskego, WI 53150 REQUESTING: Under the direction of Section 3.08 (1) Appeal Provisions, Petitioner seeks three (3) variances: 1. Chapter 17--Zoning Ordinance: Section 5.02 (2) S Building Location: Setbacks. Said regulation requires a 40 setback from the road right-of-way. Petitioner seeks a 2 foot variance to build an accessory structure 38 feet from the road right-of-way. 2. Chapter 17--Zoning Ordinance: Section 4.05 (2) CA Accessory Structures: Permanent Structures. Said regulation restricts the square footage of total outbuildings to 60% of the floor area of the principal building on the lot. Petitioner seeks a 20% variance to a build an accessory structure totaling 80% of the floor area of the principal building on the lot. 3. Chapter 30--Building Code: Chapter XI, Section 30.43 (3) (c) Garages: General Requirements. Said regulation restricts the interior area of a wood framed accessory structure to 720 square feet. Petitioner seeks a 216 square foot variance to permit a 936 square foot accessory structure without a dividing firewall. Zoned: RS-1, Suburban Residence District Appeal # 07-97 Anne and Micheal Recknagel W190 57096 Wentland Drive Muskego, WI 53150 REQUESTING: Under the direction of Section 3.08 (1) Appeal Provisions, Petitioner seeks two (2) variances: 1. Chapter 17--Zoning Ordinance: Section 5.02 (3) A.1 Building Location : Offsets. Said regulation requires a 7.5 foot offset from the northern property line. Petitioner seeks a 4.6 foot variance to build an addition to the rear of the home 2.9 feet from the northern property line. 2. Chapter 17--Zoning Ordinance: Section 4.06 (2) A.1 Legal Nonconformity: Classification and Regulation. No such structure may be expanded or enlarged except in conformity with the regulations of the district in which it is located. Petitioner seeks to construct an addition 2.9 feet from the northern property line. Zoned: RS-3/OLS, Suburban Residence District with a Lake Shore Overlay. BOA 03/27/97 Page 3 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 March, 1997 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 Jean K. Marenda, City Clerk, at Muskego City Hall, 679-5625. Also, Board of Appeals members may conduct site visits for informational purposes. Fete -D-), deadl.ae /Z �, / GIG" ;? 7 " 1 Z,A CITY OF MUSKEGO BOARD OF APPEALS Application for Variance Applicants Name ev{Akc Subject Property Address: W / 7 �Vii Avg Telephone ',, - 5� Property Zoning Key # �- _0 -7 — Q/k '—aa Petitioner's relationship to p_operty (circle applicable): Cowne, lessee other Fees: $195.00 Date inspector denied permit: Requesting variance to Section C, To allow: L'/ A literal enforcement of the terms of the above -referenced section mould result in practical difficulty and unnecessary hardship because: Qn r n 7le �1 t; n tC� /lC ! YPrr d pia u�AV a4ha lol i i� an di &cWtr- ri11C,It ear- 14r,s 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: E 9,492,000 -' ac LAIXKUN*S $=.' 5*47 N I 'el E 2,492,300 r —r—,-LJ M� E 2.4 .3,00: v E —' - x '0- �' 023.003 ° LL J6l3.6Tr.- )O4:• 1 o,t 44 1 �'r 1f r 999 001 i f C�- -oj 1•I I' J 'l • lti �l �l t� 4r d, C S. i235 If,,D PLAT OF —IMS sum I Slm� NM ct c T. !A r . H. z z rm rn 7 m Z C) S: rn M m (31 rn 20398 05 041'()0" rn z ZD 203.9S ;Q 4, > T 1 C27 sp c: co -Ti JD m i4 3,2. 0 N 13) Cb 2'3 c: G:. +� . O \ (A rr, C.3 \ N ;a io rn U) 15 C) rr, )> tu 3097 7r m cn cf) lee " (a c� 102 RAD r234t83 DELT-e :04—,5'06- 201.02 C"r, � X- 9 5.5 Z5.00 N SRO. z C) X r ED m m rn z RACINE (C.T. H. fey A VE.,— -- _ f _ — _.