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Zoning Board of Appeals- - Minutes 05/27/2000Ah CITY OF 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 Theresa Meyering, by the Zoning Board of appeals of the City of Muskego to permit a 9" encroachment of the residence into the required 20' side offset at W193 S7394 Richdorf Drive, based upon the applicant having met the specifics of the City Ordinance with respect to granting variances. It was found that the variance does preserve the intent of the Municipal Code because there is practical difficulty associated with the irregular placement of the residence, there were exceptional conditions applying that do not generally apply to other properties. More specifically, the granting of the variance does not relate to an economic or self imposed hardship because the topography of the site dictates where an addition can be constructed on the subject property within the parameters of the current Code, property rights of other property owners are preserved, and no substantial detriment is caused to an adjacent property. Dated this 9th day of May, 2000. Signed Dal Daniel Schepp Chairman, Zoning Board of Appeals Signed Dustin' y olff Assists t Plan Dire W182 S8200 Racine Avenue • Box 749 • Muskego, Wisconsin 53150-0749 • Fax (262) 679-5614 ZONING BOARD OF APPEALS April 27, 2000 Meeting was called to order at 7:00 P.M. PRESENT: Chairman Dan Schepp, Vice Chairman Henry Schneiker, Terry O'Neil, Mike Brand, David Conley, Barbara Blumenfield and Assistant flan Director Dustin Wolff. ABSENT: Chris Wiken STATEMENT OF PUBLIC NOTICE: Secretary reported notice was given on April 14, 2000, in accordance with the Open Meeting Laws. NEW BUSINESS: Appeal #05-2000, Petitioner: Theresa Meyerring, Residence: W193 S7394 Richdorf Drive, Muskego, REQUESTING: Under the direction of Chapter 17 Zoning Ordinance: Section 17:3.08(1) Appeal Provisions, Petitioner seeks the following variances: Chapter 17—Zoning Ordinance: Section 5.02 Building Location: No building shall hereafter be erected, structurally altered, or relocated so that it is closer to any lot fine than the offset distance hereinafter specified by the regulations for the district in which it is located. Petitioner seeks a 9" offset variance to permit a 19'Y offset to construct an attached garage. The Ordinance requires a 20' side offset for all structures. Zoned: Rs-2, Suburban Residence District. Mr. Schneiker administered an oath to Theresa and Karl Meyerring and neighbor Cheryl Huebner. Mr. Meyerring stated they removed a one car garage from the west lot line that was in bad disrepair. They wish to construct a two car garage on the east side of the lot that will be aesthetically pleasing without having to remove the patio door, patio window, concrete or a window at the side of the house. Chairman Schepp stated that money in and of itself can not constitute a hardship. Mr. Schepp asked if anyone informed him this fact. Mr. Meyerring said no he was not aware of this, however, placing the garage flush with the house, as suggested by Staff is not going to look right. Mr. Schepp stated Mr. Meyerring should rethink his hardship and state it better. Mr. Wolff stated the staff recommends denying due to failure to establish a hardship. A variance may be granted only if no other way to use property in manner intended, according to court rulings. In this case, the structure is currently conforming. The proposed garage could be located so a variance does not need to be granted. Mr. O'Neil questioned where the variance is requested in relationship to location of proposed garage. Mr. Wolff stated sideyard offset are 15' and 20'. By requesting a variance for the east side where the proposed garage will be built would require a 5 foot variance. The west side requires a lesser variance. Mr. Meyerring stated they received a letter from the neighbors on the west side of their property stating they have no problem with the proposed garage. Mr. O'Neil again requested clarification for which side to grant a variance. Dr. Blumenfield stated there is no set side to have the 1.5' or the 20' or else the city would wind up with cookie cutter construction. Mr. O'Neil again stated he does not understand the logic of granting a variance for the west side of the property when the proposed garage will be on the east side . ZBA 4/27/2000 Page 2 Mr. Schepp asked Mr. Meyerring if he anything else to add. Mr. Meyering discussed needing a variance of 6 inches for 1 to 2 feet of his house on the west side. Board of Appeals members discussed location option. Mr. Meyerring stated he originally wanted the west side of his property for the new garage, however, a 40 foot setback is required. Mrs. Meyering commented she has owned this property for 11 years. Dustin Wolff recapped Staff's position. He also agreed site was challenging based upon the topography but the practical place to build a detached garage is where they are proposing it. Federal and State courts do not allow granting variances unless practical difficulties exist on property and they do have ample room on property to site this structure. It is inconvenient to move it back or flush with the residence but that will meet their needs. Mr. Conley argued garage would be smaller and less usable if flush with residence. They could move it back from front of the house. Mr. Wolff state that by moving it back would provide horizontal relief from the home and a minimum two car garage is 20 feet. Mr. O'Neil was still confused why a variance is being requested for the west side of the home where no construction will occur. Mr. Wolff said no to consider the west side. What is required is 15 and 20 foot offsets and the least amount of variance required to meet the petitioner's request is 9 inches. Mr. Conley stated they are requesting a variance for the lot. Mr. O'Neil said they are requesting 6 inch offset to the pre existing location of the structure that is 19.2 feet from the lotline. Mr. Wolff reminded the Board this is a legal conforming structure. Mr. Conley stated this would be a self-imposed hardship. Cheryl Huebner stated she lives directly to the east and she was interested in the structure to be built. She has no concerns regarding the proposed garage. Appeal #06-2000, Petitioner: Matt York, REMOVED AT THE PETITIONERS' REQUEST. DELIBERATIONS Mr. O'Neil made a motion to approve the appeal as submitted. Mr. Brandt seconded. Hardship to be defined as pre-existing location, irregular placement of house on site and topography of site. Upon roll call vote, motion passed 4-1. Mr. Conley voted nay. APPROVAL OF MINUTES OF THE FEBRUARY 24, 2000 MEETING: Mr. Brandt made a motion to approve the February minutes as submitted. Dr. Bloomenfield seconded, upon roll call vote, motion carried. ADJOURN: Mr. Brandt made the motion to adjourn at 8:30 P.M., Mr. Conley seconded, upon roll call vote, motion carried. 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 Aldermans Room at the Muskego City Hall, W182 58200 Racine Avenue, at 7:00 P.M., Thursday, April 271h, 2000, 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 #05-2000 Petitioner: Theresa Myerling Residence: W193 57394 Richdorf Drive Muskego, WI 53150 Location of Appeal: Same REQUESTING: Under the direction of Chapter 17 Zoning Ordinance: Section 17:3.08(1) Appeal Provisions, Petitioner seeks the following variances: 1. Chapter 17—Zoning Ordinance: Section 5.02 Building Location: No building shall hereafter be erected, structurally altered, or relocated so that it is closer to any lot line than the offset distance hereinafter specified by the regulations for the district in which it is located. Petitioner seeks a 9" offset variance to permit a 19'3" offset to construct an attached garage. The Ordinance requires a 20' side offset for all structures. Zoned: Rs-2, Suburban Residence District. Appeal #06-2000 Petitioner: Matt York Residence: W180 56793 Muskego Drive Muskego, WI 53150 Location of Appeal: Same REQUESTING: Under the direction of Chapter 17 Zoning Ordinance: Section 17:3.08(1) Appeal Provisions, Petitioner seeks the following variances: ZBA 4/27/2000 Page 2 1. Chapter 17—Zoning Ordinance. Section 5.04(2) Maximum Permitted Floor Area Ratio (F.A.R.): The maximum total floor area of the buildings on a lot shall not exceed that permitted under the floor area ration (F.A.R.) as hereinafter specified. Petitioner seeks a Maximum Permitted (F.A.R.) of 27.5% to allow the construction of a single-family residence. Code currently mandates a Maximum Permitted (F.A.R.) of 25% in the Rs-3/OLS District. Zoned: Rs-3/OLS, Suburban Residence District as modified by the Lakeshore Overlay. 6. APPROVAL OF MINUTES OF THE FEBRUARY 24, 2000 MEETING. 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 Dan Schepp, Chairman Dated this 14T" day of April, 2000 City of Muskego Zoning Board of Appeals Supplement For the meeting of: April 27, 2000 Appeal 05-2000 REQUESTING: Under the direction of Chapter 17 Zoning Ordinance: Section 17:3.08(1) Appeal Provisions, Petitioner seeks the following variances: 1. Chapter 17—Zoning Ordinance: Section 5.02 Building Location: No building shall hereafter be erected, structurally altered, or relocated so that it is closer to any lot line than the offset distance hereinafter specified by the regulations for the district in which it is located. Petitioner seeks a 9" offset variance to permit a 19'3" offset to construct an attached garage. The Ordinance requires a 20' side offset for all structures. LOCATION: W193 S7394 Richdorf Drive (Tax Key No. 2189.151) NE '/a Section 8 PETITIONER: Theresa Myerling PREPARED BY: Dustin Wolff - Assistant Plan Director BACKGROUND Currently, the property does not have a garage. The petitioner is proposing to construct an attached garage addition to the southeast side of the existing residence. The residence currently has offsets of 19.2' and 40'. The property is zoned R5-2, requiring offsets of 15' and 20' respectively. DISCUSSION The site is significantly hindered by the presence of a substantial retaining wall on the west side of the residence. Consequently, the only practical location for a garage is on the east side of the residence. The proposed location of the garage addition will result in an offset of 15'. However, based upon the current location of the residence, the proposed location of the garage is required to maintain a 20' offset. There is ample area to locate the garage and maintain the required offset simply be sliding the garage location to the north (See Staff Exhibit). As such, there is no hardship on the property, merely the inconvenience of not being able to locate the garage as desired by the petitioner. STAFF RECOMMENDATION Denial of Appeal 04-2000 permitting a 19'3" offset along the west property line for failure to establish hardship In complying with the provisions of the Code. Page 1 CITY OF MUSKEGO BOARD OF APPEALS Application for Variance Applicant's Name APR -- 6 2600 4 J Subject Property Address VJ l q 3 S1394 2-dCdor-f Iut Telephone , %� 0 9 - a 31 Property Zoning: EL: 2— Tax Key # 02 19 9 1 s f Petitioner's relationship to property (circle applicable): owner lessee Fee: $200.00 Date inspector denied zoning permit: Requesting variance to Code Section other A literal enforcement of the terms of the above -referenced section would result in nrartirai HIffiriilty and iinnPr.Pssary hwdshin bec2use- The variance, if granted, will not be contrary to the public interest and will be in accord with the soirit of the code because: The variance, if granted, will not adversely affect public safety or jeopardize public welfare because: it is otA STAr- V- H t T3 t r "0 SCALE: 1"= 30' \ Tl( I J0' Oq0 FOUNON PIPE -- �y . ♦ \. O• 0.12 WEST a ♦ \ 0.20 NORTH C CON C / P400ETE / AN 'per ICL LEGEND TOP OF PIPE • 1' FOLM IRON PIPE ASSUMED 1oO.0 O 18)• IRON PIPE (1.66 LBSkM FT) SET. PPO POWER POLE 4 N, o�, �,6A ELEVATION hEASM� (TYP.) .` colvs VVI I JOHN C. SOUTHWEST "AN'" 8 V>� SURVEYINGos HIGHWAY N c1NP.O. Rsox ENGINEERING, Inc. i// ��* yyl P PALVYRA, Wt. 53156 ��4D 414-495-4910 I1111j11 SURV\���\\ State of MVraconarn :s � 11I1V11111111\1����� Jefferson Coun%0) 1 certifj► that ! have sutwyed the above described (property) and the above map la a bus ^eresentaflon t roof and shows the size and location of the Property, r exterfor boundaries, the location and 'tensions of all Warble structures thereon, fences, apparent easements and roadways and visible encroachments. any. This survey is made for the exclushv use of f m prositnt owners of the Property, and also those who purchase, mortIM9e, or guarantee We thereto w l ono ye hereof. 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