Zoning Board of Appeals- - Minutes 08/23/2021CITY OF
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DEPARTMENT OF CITY PLANNING
ZONING BOARD OF APPEALS
FINDINGS OF FACTS
Brian D. Turk
Director of Planning
(262) 679-4136
A dimensional variance is hereby granted to James Leonard lll, by the Zoning
Board of appeals of the City of Muskego to permit an offset of zero (0) feet from
the north and south lot lines for the installation of a driveway at W 190 S7082
Wentland Drive 1 Tax Key No. 2180.950, based upon the applicant having met
the specifics of the City Ordinance with respect to granting variances.
It was found that the variance preserve the intent of the Municipal Code because
there is practical difficulty associated with the legal non -conforming parcel and
structure in 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 Mason 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 30t" day of August, 2001.
Signed A F, z�
Henry Ehneikab
Acting Chairman, Zoning Board of Appeals
f
Signed
Dustin J Wolff
Assistar�t/Plan Director
W182 S8200 Racine Avenue - Box 749 - Muskego, Wisconsin 53150-0749 - Fax (262) 679-5614
ZONING BOARD OF APPEALS MINUTES APPROVED
CITY OF MUSKEGO
AUGUST 23. 2001
PRESENT: Terry O'Neil, Vice Chairman Henry Schneiker, Mike Brandt. Barbara Blumenfield, Dave
Conley, Horst Schmidt and Assistant Plan Director Dustin Wolff.
ABSENT: Chairman Dan Schepp
STATEMENT OF PUBLIC NOTICE: Secretary reported notice was provided in accordance with the Open
Meeting Laws
NEW BUSINESS:
APPEAL #04-2001 Petitioner: Shan Mason Residence: W190 S7066 Wentland Drive Tax Key No.
2180.949 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 4.05(2) Permanent Structures E Walks, drives, paved terraces
and purely decorative garden accessories such as pools, fountains, statuary, flag poles, etc , where
subject to "permanent structure" classification shall be permitted in setback and offset areas but not closer
than 3 feet to an abutting property line other than a street line. An offset of 3-feet is required from the
south property line The petitioner seeks an offset of zero (0) feet from the south property line to permit
the construction of a driveway, and is therefore requesting a 3-foot variance from the south property line.
Zoned: RS-3101-S, Suburban Residence District as modified by the Lakeshore Overlay
APPEAL #05-2001 Petitioner: James Leonard IIl Residence: W190 S7082 Wentland Drive / Tax Key No.
2180 950 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 4 05(2)
Permanent Structures E Walks, drives, paved terraces and purely decorative garden accessories such
as pools. fountains, statuary. flag poles, etc . where subject to "permanent structure" classification shall be
permitted in setback and offset areas but not closer than 3 feet to an abutting property line other than a
street line. An offset of 3-feet is required from the north and south property lines. The petitioner seeks an
offset of zero (0) feet from the north and south lot lines to permit the construction of a driveway, and is
therefore requesting a 3-foot variance from the north and south property lines.
Zoned: RS-3101-S, Suburban Residence District as modified by the Lakeshore Overlay
Vice Chairman Henry Schneiker stated Appeal #-04-2001 and Appeal #05-2001 requested the two be
heard together. There was no objection from the Board. Mr_ O'Neil administered the oath to Shan Mason
and James Leonard III.
Mr. Mason stated that the hardship is his garage faces south while the road travels north and south and
he is unable to get car into the garage. Mr. Mason stated it is a safety issue having his vehicles inside the
garage He believes he has improved the aesthetics of the neighborhood.
Mr. Leonard stated he lives next to Mr. Mason, there is a "T" intersection with a narrow road without No
Parking signs and it is a safety issue to keep his truck and car off the road. Prior to the concrete driveway
his basement was flooded out continuously: since the driveway, the water has been diverted to the lake.
Dr. Blumenfield asked how long Mr. Mason and Mr. Leonard have lived at this location. Mr. Leonard has
been there for 17 years and Mr. Mason built a new home at this location 7 months ago. Mr. Mason stated
he was not aware he needed a driveway permit as he obtained his occupancy in winter and the driveway
was not discussed.
ZBA 8/23/2001
Page 2
Assistant Plan Director Wolff stated Mr. Mason's lot itself is legal non -conforming as it is only 50 feet in
width. The Mr Leonard's property is also classified as legal, non -conforming for the same reason In
addition, there is a legal, non -conforming 1-'/2 car garage located approximately 10-feet from the
Wentland Drive roadway. The properties otherwise meet all bulk requirements outlined in the Zoning
Code.
The City does not restrict the width of a driveway, except when the Public Works Department must install
a culvert. As such, the only regulation is the 3-foot separation between the driveway and the lot line. Staff
recognizes that many of the narrow properties around the lake are paved from lot line to lot line in order to
maximize their off-street parking areas (typically for lake related items, i.e.-boats) and to increase turning
radii for side entry garages
While many lake properties require many variances in order to construct a residence and garage with
functionality, Mr. Mason has met all the bulk requirements (setbacks, offsets, FAR, and open space
required) during construction. Further, the side entry garage allows for a longer driveway to provide more
off-street parking than would a traditional, front -entry garage. However, due to the property being 17-feet
narrower than is required by Code, there is a practical difficulty in complying with the Code, and the
pavement for the driveway was installed to the lot line to increase the turning radii in the garage
Mr. Leonard's lot, and particularly the pre-existing location of the structure does not allow for off-street
parking in front of the garage. In order to provide off-street parking, the petitioner paved the areas to the
north and south of the garage to the lot line. The parcel is 17-feet narrower than is required by Code, and
as such, there is a pre-existing condition of the structure location and substandard lot size which results in
a practical difficulty in complying with the Code.
DELIBERATIONS
Mr. David Conley made a motion to approve both appeals as submitted. Mike Brandt seconded. Upon
roll call vote, motion carried unanimously.
APPROVAL OF THE MINUTES: Dr. Blumenfield made a motion to approve the minutes from May 24,
2001 meeting. Terry O'Neil seconded. Upon voice vote, motion carried.
ADJOURNMENT: With no further business to come before this board, Horst Schmidt made a motion to
adjourn at 7:30 P M Dr Blumenfield seconded. Upon voice vote, meeting was adjourned.
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 Muskego Room at the Muskego City Hall, W182 S8200 Racine Avenue, at 7100 P.M.,
Thursday, August 23, 2001, 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 #04-2001
Petitioner: Shan Mason
Residence: W190 S7066 Wentland Drive 1 Tax Key No. 2180.949
REQUESTING: Under the direction of Chapter 17 Zoning Ordinances Section 3.08(1)
Appeal Provisions, Petitioner seeks the following variances:
Chapter 17—Zoning Ordinance: Section 4.05(2) Permanent Structures
E. Walks, drives, paved terraces and purely decorative garden accessories such as pools, fountains,
statuary, flag poles, etc., where subject to "permanent structure" classification shall be permitted in
setback and offset areas but not closer than 3 feet to an abutting property line other than a street
line.
An offset of 3-feet is required from the south property line. The petitioner seeks an offset of zero (0)
feet from the south property line to permit the construction of a driveway, and is therefore requesting a
3-foot variance from the south property line.
Zoned: RS-310LS„ Suburban Residence District as modified by the Lakeshore Overlay
APPEAL #05-2001
Petitioner: James Leonard III
Residence: W190 S7082 Wentland Drive 1 Tax Key No. 2180.950
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 4.05(2) Permanent Structures
ZBA 8/23/2001
Page 2
E. Walks, drives, paved terraces and purely decorative garden accessories such as pools, fountains,
statuary, flag poles, etc., where subject to "permanent structure" classification shall be permitted in
setback and offset areas but not closer than 3 feet to an abutting property line other than a street
line.
An offset of 3-feet is required from the north and south property lines. The petitioner seeks an offset
of zero (0) feet from the north and south lot lines to permit the construction of a driveway, and is
therefore requesting a 3-foot variance from the north and south property lines.
Zoned: RS-31OLS, Suburban Residence District as modified by the Lakeshore Overlay
6. APPROVAL OF THE MINUTES FROM THE AND MAY 24, 2001 MEETING.
7. MISCELLANEOUS BUSINESS.
I�Csj#LaI�•]�+I���������X9L�P►l
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 101h day of August, 2001
City of Muskego
Zoning Board of Appeals Supplement 05-2001
For the meeting of: August 21, 2001
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 4,05(2) Permanent Structures
E. Walks, drives, paved terraces and purely decorative garden accessories such as pools,
fountains, statuary, flag poles, etc., where subject to "permanent structure" classification shall
be permitted in setback and offset areas but not closer than 3 feet to an abutting property line
other than a street line.
LOCATION: W190 S7082 Wentland Drive / Tax Key No. 2180. 950
SE % Section 5
PETITIONER: James Leonard III
PREPARED BY: Dustin Wolff
BACKGROUND
The property currently contains a legal and conforming residence constructed in 2000, The property
is zoned RS-3IOLS, Suburban Residence District as modified by the Lakeshore Overlay.
The lot itself is legal non -conforming as it has a 50-foot average width and 11,754 square feet. The
property meets the open space requirement.
An offset of 3-feet is required from the north and south property lines. The petitioner seeks an offset
of zero (0) feet from the north and south lot lines to permit the construction of a driveway, and is
therefore requesting a 3-foot variance from the north and south property lines.
DISCUSSION
The City does not restrict the width of a driveway, except when the Public Works Department must
install a culvert. As such, the only regulation is the 3-foot separation between the driveway and the lot
line. Staff recognizes that many of the narrow properties around the lake are paved from lot line to lot
line in order to maximize their off-street parking areas (typically for lake related items, i.e.-boats) and
to increase turning radii for side entry garages.
The petitioner has an existing legal, non -conforming 1 % car garage located approximately 10-feet
from the Wentland Drive roadway. This separation does not allow for off-street parking in front of the
garage. In order to provide off-street parking, the petitioner paved the areas to the north and south of
the garage to the lot line. The parcel is 17-feet narrower than is required by Code, and as such, there
is a practical difficulty in complying with the Code.
STAFF RECOMMENDATION
Approval of Appeal 05-2001 permitting an offset of zero feet from the north and south property
lines to allow for the driveway only as constructed.
DEPARTMENT OF CITY PLANNING
Brian D. Turk
Director of Planning
(262) 679-4136
July 17, 2001
Mr. James Leonard
W190 S7082 Wentland Drive
Muskego, Wisconsin 53150
Re: Concrete Driveway Installation
W190 S7082 Wentland Drive (Tax Key No. 2180.950)
Dear Mr. Leonard:
On July 12, 2001 the Building and Engineering Department, in the course of reviewing drainage for the
reconstruction of Wentland Drive, discovered that the driveway on your property has been paved to the to
the north and south lot lines. Per Section 17:4.05(2)E:
"Walks, drives, paved terraces and purely decorative garden accessories such as pools,
fountains, statuary, flag poles, etc., where subject to "permanent structure" classification
shall be permitted in setback and offset areas but not closer than 3 feet to an abutting
property line other than a street line."
Further investigation has found no record of a driveway permit issued by the Planning Department. This
letter is to inform you of the above City requirements, and the choices available to you. One, remove that
portion of the drive which is located within 3-feet of the north and south lot line. Two, apply to the Zoning
Board of Appeals for a variance to the above reference Code Section. Please find enclosed the
appropriate permit application and Zoning Board of Appeals forms for your convenience.
Please inform the Planning Department of your intended remedy within 30 days of the date of this
letter. Failure to comply may result in the issuance of citations.
Thank you for your cooperation. If you have any further questions, please do not hesitate to contact the
Planning Department at (262) 679-4136.
Sincerely,
CITY OF MU�SKEGO
Dustin J. W
Assistant a Director
Cc: Alderman Petfalski
Brian Turk, Plan Director
mean McMullen, Director of Bldg. And Eng,
Building File
W182 S8200 Racine Avenue Box 749 • Muskego, Wisconsin 53150-0749 • Fax (262) 679-5614
07/30/2001 10:30 2626795614 MU5KEG0 BLDG & PLa4G PAGE 03
CITY OF MUSKEG0
BOARD OF APPEALS
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8/22/2001
TO; Dan Schepp Chairman
Board of Appeals City of Muskego
Dear Dan and board of appeals,
This letter is in reference to the letter received in regards to the public hearing for
Thursday August 23`d, 2001 on the zoning ordinance of chapter 17 sections 3.08(1). For
the variance for James Leonard III and Shan Mason. I unfortunately cannot attend this
meeting.
However if I could I would strongly support the appeal to allow the variance of the
driveways between these two properties. Granted there is a bit of concrete but it is very
neatly done and allows usage between both properties.
It is very nice to see two adjacent owners cooperate to make the neighborhood look a
little nicer. I can walk around the lake and site various example of properties that do not
look as nice or are kept as well with nice lines as these two driveways have.
I anticipate that when it comes time for us to put in our driveway it will look as nice and
work as well as Mr. Leonard's and Mr. Mason's does.
Thank you for your time.
Respectively,
Mike Mai and Merrilee Mahn
W 190 57052 Wentland Dr.
Muskego, WI.53150
(262) 679-0502
ate: Date: ea a. (� j
Daniel & Barbara LaMere
W190 S7088 Wentland Drive
Muskego, WI 53150
August 2, 2001
Re: Improvements to the properties at
W 190 S7066 Wentland Drive &
W190 S7082 Wentland Drive
To Whom It May Concem:
We reside in the house to the south of the above addresses_ We are very
pleased with the improvements the owners of these properties have recently
made, specifically changing the parking area from gravel to cement, eliminating
overgrowth of bushes, and adding grass and landscaping.
Not only have Shan Mason and James Leonard III enhanced the appearance of
their properties, their improvements obviously have helped with erosion control.
In our opinion, they have greatly improved the properties and our neighborhood!
We are pleased with the results.
Sincerely,
Daniel LaMere
Barbara LaMere