Zoning Board of Appeals- - Minutes 08/15/2002`l.
CITY OF
MUSKEGO
� Q
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 Mr. Danny Case, by the Zoning Board of Appeals
of the City of Muskego to permit a 155 square foot variance to Section 17:4.05(2)B.2 of the
Zoning Code and a 3.5-foot offset variance to Section 17:5.02(1) from the north property line to
allow the construction of an addition to the existing detached garage at W174 S7078 Forest
Drive[Tax Key No. 2176.150, based upon the applicant having met the specifics of the City
Ordinance with respect to granting variances, conditioned upon the removal of the existing shed
and prohibiting the construction of a garden shed on the property for as long as the nearest part
of the detached garage is less than 10 feet from the north property line. Said detached garage
will total 975 square feet and be located 6.5-feet from the north property line.
It was found that the variances preserve the intent of the Municipal Code because there is
practical difficulty associated with the legal non -conforming parcel complying with the Zoning
Code and the existing location of the well at the south edge of the detached garage-, that there
were exceptional conditions applying that do not generally apply to other properties. More
specifically, the granting of the variance provides the 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.
A dimensional variance is hereby denied to Mr. Danny Case, by the Zoning Board of Appeals of
the City of Muskego to permit an exception to Section 17:5.08 of the Zoning Code to allow an
additional 1.2-percent of the lot to be covered with impervious surface at W174 S7078 Forest
DrivelTax Key No. 2176.150, based upon the applicant having not met the specifics of the City
Ordinance with respect to granting variances. Specifically, the Board agreed that there are
other options available to the petitioner that did not result in "practical difficulty" in complying
with the Open Space requirement outlined in the Zoning Code, as a small portion of the existing
impervious surface can be readily removed to achieve compliance.
Dated this 22"d day of Au ust 20Q2.
Signed
Dan Schepp
Chairman, Zoning Board of Appeals
41" /�*,
Signed
Dustin J Iff
Assista t Ian Direct
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W182 S8200 Racine Avenue • Box 749 • Muskego, Wisconsin 53150-0749 • Fax (262) 679-5614
ZONING BOARD OF APPEALS MINUTES
CITY OF MUSKEGO
AUGUST 15, 2002
Meeting was called to order at 7:10 P,M,
PRESENT: Chairman Dan Schepp, Mr, Horst Schmidt, Mr. Harvey Schweitzer, Mr. Russ Kashian and Assistant
Plan Director Dustin Wolff.
ABSENT: Vice Chairman Schneiker and Dr. Barbara Blumenfield
STATEMENT OF PUBLIC NOTICE: The Secretary stated the meeting was noticed on August 9, 2002, in
accordance with Open Meeting Laws.
NEW BUSINESS: APPEAL #05-2002 Petitioner: Danny Case W174 S7078 Forest Drive/Tax Key No.
2176.150, REQUESTING: Under the direction of Chapter 17 Zoninq Ordinance: Section 3.08(1) Appeal
Provisions, Petitioner seeks the following variances: Chapter 17—Zoninq Ordinance: Section 4.05(2)B.2
Accessory Structures
Area: Subject to the open space requirements of the zoning district, the total square footage of all accessory
structures subject to this Section are permitted as follows:
Square footage permitted by right: The greater of 720 square feet, or 60% of the
assessed floor area of the principal structure.
Bonus square footage permitted for +10 square feet of floor area for each one
additional side yard offsets foot of side yard offset above the district
minimum, provided that no such bonus shall
exceed 300 square feet.
Bonus Square footage permitted for +10 square feet of floor area for every 1,000
large parcels square feet of parcel size in excess of 40,000
square feet, provided that no such bonus
shall result in the total floor area of all
accessory structures to exceed two percent
(2%) of the total parcel area.
The property is allowed a total of 720 square feet of accessory structure exclusive of the garden shed. The existing
garage totals 684 square feet, which would allow 36 square feet of additional accessory structure. The petitioner is
requesting a 155 square foot variance to the Code to allow the construction of an addition to the existing detached
garage proposed to total 975 square feet.
Chapter 17—Zoning Ordinance: Section 5.02 Building Location, (1)Location Restricted: No building shall be
hereafter erected, structurally altered or relocated on a lot except in conform4y with the following locational
regulations as hereinafter specified for the district in which it is located.
An offset of 10-feet is required from the north property line. The petitioner seeks an offset of 6.5-feet from the north
property line and will maintain the existing 5.2-foot offset from the east property line to permit the construction of an
addition to the existing detached garage, and is therefore requesting a 3.5-foot variance from the north property
line.
Chapter 17—Zoninq Ordinance: Section 5.08 Existing Substandard Lots. -The open space requirements in the case
of such lot may be reduced without appeal provided the open area is equal to at least 75% of the actual lot area.
Minimum open space for the property is required in the amount of 7,487 square feet (75% of the 9,983 SF lot). The
current open space is 1,272 square feet less than required, resulting in 62.3-percent of the lot area preserved as
open space). The Appellant is proposing to construct an addition to the detached garage, resulting in 61.5-percent
of the lot area preserved as open space, and is therefore requesting a 1.2-percent variance to the Code
requirement.
ZBA Minutes
8/15/02
Page 2
Mr. Schmidt administered the oath to the Appellant, Mr. Danny Case. Mr. Case explained he would like to construct
an addition to his garage with a 9-foot garage door for storage of his snowmobile. He further explained that 25
years ago he gave a 20-foot strip of land at his north property line to the City to allow for a culvert to be installed to
drain a new subdivision. He noted with this strip of land a variance to the offsets would not be required. Mr. Case
stated he will be taming down the storage shed, and if the addition is approved he will be removing the existing
garage roof and replacing with a new roof with storage trusses to match the cape cod style of the house.
Mr. Case explained he did not want to attach the garage to the house due to the well being between the two, and he
did not want the well inside the garage for safety reasons. Mr. Case furthered that he does not have adequate
storage in the basement and no attic space for storage. Neighbors have signed a document regarding his proposal,
and have no problems with Mr. Case putting an addition on to his garage.
Mr. Wolff presented the City's opinion. The Board has taken the position that all properties —regardless of size of
lot or residence —should be afforded similar opportunities; this includes a paved driveway and a minimum two -car
garage. Last fall, the Common Council approved a change to the accessory structure ordinance to increase the
size of a detached garage each property is permitted by right. In addition, all properties are permitted a garden
shed (<120 SF) by right. The petitioner currently has a 2.5 car garage and a garden shed on the property.
The property currently has over 3,800 SF of impervious surface. This includes nearly 2,300 SF of pavement. In all,
38-percent of the parcel is impervious and the petitioner is requesting an exception to the Code to allow another
12-percent of the lot to be covered.
Staff believes that in granting the variances, the Board will have strayed from its previous decisions and will not
have preserved the intent of the Zoning Code or the property rights of the owner. The property currently enjoys the
same opportunities of other properties. There is a 2.5 car garage and a shed. The petitioner can construct an
addition to the south side of the garage and attach the structure to the home without needing the Board to grant
exceptions to the Code.
DELIBERATIONS:
APPEAL #05-2002 Mr. Schmidt moved to approve the proposed exceptions to the Zoning Code as submitted. Mr.
Kashian seconded. Due to the fact that this is not a typical offset situation there will be no structures within the City
owned land, and Mr. Case provided the City the land to correct a drainage problem years ago, the Board is in favor
of granting a variance to the offset from the north property line. The Board finds practical difficulty in complying with
the Codes due the location of the well to the south of the existing garage. The Board is not in favor of granting a
variance to the open space requirements because Mr. Case can remove a small portion of the cement to fall within
the code. Mr. Schmidt withdrew his motion and Mr. Kashian withdrew the second. Mr. Schmidt moved to approve
the exception to the square footage limitations subject to removal of the existing shed and prohibiting the
construction of a garden shed on the property for as long as the nearest part of the detached garage is less than 10
feet from the north property line. Mr. Kashian seconded. Upon a roll call vote, motion carried 4-0, Mr. Schmidt
moved to approve the offset exception as submitted. The Board cited that the offset is from vacant City owned land
where no structure will be constructed, and the hardship being the location of the well to the south of the garage.
Mr. Schweitzer seconded. Upon roll call vote, motion carried 4-0. Mr. Schmidt moved to approve the appeal to the
open space requirements as submitted. Mr. Kashian seconded. Upon a roll call vote, motion was denied 4-0.
APPROVAL OF THE MINUTES: Mr. Schepp moved to approve the minutes from June 27, 2002 as submitted.
Seconded by Mr. Schmidt. Upon voice vote, motion carried.
MISCELLANEOUS: None
ADJOURNMENT: With no further business to come before this board, Mr. Schmidt moved to adjourn. Mr.
Schweitzer seconded. Upon voice vote, meeting adjourned at 8:45 P.M.
Respectfully Submitted,
Kellie Renk, Recording Secretary
CITY OF MUSKEGO
ZONING BOARD OF APPEALS AGENDA
August 15, 2002 7:00 PM
Muskego City Hall, Muskego Room, W182 S8200 Racine Avenue
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
STATEMENT OF PUBLIC NOTICE
INTRODUCTION OF NEW BOARD MEMBERS
1. Mr. Harvey Schwietzer — Regular Member
2. Mr. Russ Kashian — 1" Alternate Member
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.
OLD BUSINESS
1. None
NEW BUSINESS
1. APPEAL #05-2002
Petitioner: Danny Case
Residence: W 174 S7078 Forest Drive 1 Tax Key No. 2176.150
REQUESTING: Under the direction of Chapter 17 Zoning Ordinance: Section
3.08(i) Appeal Provisions, Petitioner seeks the following variances:
Chapter 17—Zoning_Ordinance: Section 4.05(2)B2 Accessory Structures
Area: Subject to the open space requirements of the zoning district, the total square footage
of all accessory structures subject to this Section are permitted as follows:
Square footage permitted by right:
The greater of 720 square feet, or 60% of the
assessed floor area of the principal structure.
Bonus square footage permitted for
+10 square feet of floor area for each one
additional side yard offsets
foot of side yard offset above the district
minimum, provided that no such bonus shall
ZBA 8115/2002
Page 2
exceed 300 square feet.
Bonus Square footage permitted for
+10 square feet of floor area for every 1,000
large parcels
square feet of parcel size in excess of 40,000
square feet, provided that no such bonus
shall result in the total floor area of all
accessory structures to exceed two percent
(2%) of the total parcel area.
The property is allowed a total of 720 square feet of accessory structure exclusive of the
garden shed. The existing garage totals 684 square feet, which would allow 36 square feet
of additional accessory structure. The petitioner is requesting a 155 square foot variance to
the Code to allow the construction of an addition to the existing detached garage proposed
to total 975 square feet.
Chapter 17—Zoning Ordinance: Section 5.02 Building Location
(1) Location Restricted: No building shall be hereafter erected, structurally altered or
relocated on a lot except in conformity with the following locational regulations as
hereinafter specified for the district in which it is located.
An offset of 10-feet is required from the north property line. The petitioner seeks an offset of
6.5-feet from the north property line and will maintain the existing 5.2-foot offset from the
east property line to permit the construction of an addition to the existing detached garage,
and is therefore requesting a 3.5-foot variance from the north property line.
Chapter 17—_Zoninq Ordinance: Section 5.08 Existing Substandard Lots
The open space requirements in the case of such lot may be reduced without appeal
provided the open area is equal to at least 75% of the actual lot area.
Minimum open space for the property is required in the amount of 7,487 square feet (75%
of the 9,983 SF lot). The current open space is 1,272 square feet less than required,
resulting in 62.3-percent of the lot area preserved as open space). The Appellant is
proposing to construct an addition to the detached garage, resulting in 61.5-percent of the
lot area preserved as open space, and is therefore requesting a 1.2-percent variance to
the Code requirement.
APPROVAL OF THE MINUTES FROM THE JUNE 27, 2002 MEETING.
MISCELLANEOUS BUSINESS
ADJOURN
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 to gather information; no
action will be taken by any governmental body 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 .lean K. Marenda, Clerk -Treasurer at Muskego City Hall, (262) 679-5625.
City of Muskego
Zoning Board of Appeals Supplement 05-2002
For the meeting of: August 15, 2002
REQUESTING: Under the direction of Chapter 17 Zonin Ordinance: Section 3.08(1) Appeal Provisions,
Petitioner seeks the following variances:
Chapter 17—Zoning Ordinance: Section 4.05(2)B.2 Accessory Structures
Area. Subject to the open space requirements of the zoning district, the total square footage of all
accessory structures subject to this Section are permitted as follows:
Square footage permitted by right: The greater of 720 square feet, or 60% of the
assessed floor area of the principal structure.
Bonus square footage permitted for +10 square feet of floor area for each one
additional side yard offsets foot of side yard offset above the district
minimum, provided that no such bonus shall
exceed 300 square feet.
Bonus Square footage permitted for +10 square feet of floor area for every 1,000
large parcels square feet of parcel size in excess of 40,000
square feet, provided that no such bonus
shall result in the total floor area of all
accessory structures to exceed two percent
(2%) of the total parcel area.
Chapter 17—Zoninq Ordinance: Section 5.02 Building Location
(1) Location Restricted: No building shall be hereafter erected, structurally altered or relocated
on a lot except in conformity with the following locational regulations as hereinafter
specified for the district in which it is located.
Chapter 17—Zoninq Ordinance: Section 5.08 Existing Substandard Lots
The open space requirements in the case of such lot may be reduced without appeal provided the
open area is equal to at least 75% of the actual lot area.
APPELLANT: Danny Case
LOCATION: W174 S7078 Forest Drive / Tax Key No. 2176.150
SE '/4 Section 4
PREPARED BY: Dustin Wolff
BACKGROUND
The petitioner seeks exceptions to the open space requirement, maximum accessory structure size, and
the required offset for the district.
The property is allowed a total of 720 square feet of accessory structure exclusive of the garden shed
The existing garage totals 684 square feet, which would allow 36 square feet of additional accessory
structure. The petitioner is requesting a 155 square foot variance to the Code to allow the construction of
an addition to the existing detached garage proposed to total 975 square feet.
An offset of 10-feet is required from the north property line. The petitioner seeks an offset of 6 5-feet from
the north property line and will maintain the existing 5.2-foot offset from the east property line to permit the
construction of an addition to the existing detached garage, and is therefore requesting a 3.5-foot variance
from the north property line.
Minimum open space for the property is required in the amount of 7,487 square feet (75% of the 9,983 SF
lot). The current open space is 1,272 square feet less than required, resulting in 62.3-percent of the lot
area preserved as open space) The Appellant is proposing to construct an addition to the detached
garage, resulting in 61.5-percent of the lot area preserved as open space, and is therefore requesting a
1.2-percent variance to the Code requirement.
DISCUSSION
The petitioner is proposing to construct an addition to the existing detached garage- The proposal
requires a number of exceptions to the bulls requirements outlined in the Zoning Code
The Board has taken the position that all properties —regardless of size of lot or residence —should be
afforded similar opportunities; this includes a paved driveway and a minimum two -car garage. Last fail,
the Common Council approved a change to the accessory structure ordinance to increase the size of a
detached garage each property is permitted by right. This was changed from 60-percent of the 151 floor
area of the home to the greater of 60-percent of the total home area or 720 square feet. In addition, all
properties are permitted a garden shed (<120 SF) by right. The petitioner currently has a 2.5 car garage
and a garden shed on the property
The property currently has over 3,800 SF of impervious surface. This includes nearly 2,300 SF of
pavement. In all, 38-percent of the parcel is impervious and the petitioner is requesting an exception to
the Code to allow another 1.2-percent of the lot to be covered.
Finally, the proposal
Staff believes that in granting the variances, the Board will have strayed from its previous decisions and
will not have preserved the intent of the Zoning Code or the property rights of the owner The property
currently enjoys the same opportunities of other properties. There is a 2.5 car garage and a shed. The
petitioner can construct an addition to the south side of the garage and attach the structure to the home
without needing the Board to grant exceptions to the Code. While it may not be the most desirable
alternative, it remains an option.
Moreover, no extraordinary circumstance exists which is unique to this property. While there is no
basement to the property, the Board has allowed larger garages for similar properties under the old
accessory structure ordinance. The previous ordinance was found by the Board to be too restrictive to
smaller properties with smaller homes, especially those without basements
Practical difficulty in complying with aspects of the Code for this property is absent. The previous
construction activity on the property —paving and garage construction —was done without concerns to
Code requirements years ago. As such, the property is fortunate to contain the amount of impervious
surface it has, and until last year, the garage exceeded the allowable area outlined the previous Code.
STAFF RECOMMENDATIONS
Denial of Appeal 05-2002, as the proposal does not meet the criteria for granting exceptions to the
Code, nor does practical difficulty exist.
Appeal # 05-2002
ZBA 8-15-2002
Page 2
Appellant's Name:
CITY OF MUSKEGO BOARD OF APPEALS
APPLICATION FOR DIMENSIONAL VARIANCE
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Subject Property Address: (A1 17 `1 S. 7076 l/d6F.5-r DR
Telephone: Day:
Property Zoning:
Petitioner's relationship to property (circle applicable):
Owner Lessee
Evening: Z (o2- & -� 9 - 313 S-
Tax Key: Z/76. lS�
Other
Date inspector denied zoning permit:
Requesting variance to Code Section ]
To allow: fi -J 12 r RdJd1C'i-, -7--o' /UllfLA Sid'! d f ton*- E, 6JAIJ(` &.1, 1 L£gjf
r D .4.,,Gtt T U0OLi + �.i L' , 7—XC f 4.S6,J �o+L Z ` 1-5 YA11 1-44C4 A
',Jr & b,'f�i' h Dniur dsa� o )£-i /h J-J ih
r+-'L s `Z " w,d, - Al`moo 2oA-,~ k
OJt . ��E& 10'X,(2,' U/ SA
l/� t it'll 6f-
A literal enforcement of the terms of the above -referenced section would result in
practical difficulty and unnecessary hardship because: '�4nr4�� 1S �' { oIt
` Hari CC j K 4T PoA4 45/' i�dre. / t Srct'fr3�%�nf�j�
The variance, if granted, will not be contrary to the public interest and will be in accoor�l
with the spirit of the code because: m na u-- L
rl6h-4. G.Pi d Sr4i� �,a.1a 15 7hc wtll
400LJ acr 4 Z.. �Cr�/Lx,as
A- t of -
The variance, if granted, will not adversely affect public safety or jeopardize public
welfare because: 7S Af s, 4 of 014,1 49f 40ilAAJ x .
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S:ICITYHALL2BA1ApplicationslZBA-Dimensional Appeal Appfication.doc
Last printed 1121102 914 AM
SUBMITTAL REQUIREMENTS FOR DIMENSIONAL VARIANCE REQUESTS
At the direction of the Zoning Board of Appeals, the following information is required to
be submitted with the application.
■ For any variance pertaining to a parcel of land, a Plat of Survey, prepared by a
Registered Land Surveyor, must be submitted. The Plat of Survey must be
dated, with no time requirements, and include the original seal of the surveyor.
Plat of Survey must contain the following:
1. The parcel in question with dimensions, bearings and a description of the
exterior boundaries.
2. Abutting streets, properties, lakes and/or rivers, etc.
3. Location and size (with dimensions and area) of any existing buildings or
structures.
4. Ordinary High-water Mark, 100-year Flood Elevation, 2-foot about the 100-
year Flood Elevation, Easements, etc.
5. Location and size of culverts, ditches, trees, wells, septic system, retaining
walls, driveways, sidewalks, patios, or any other items pertinent to the
variance requested —including area calculations.
6. Elevations at corners of parcel, building corners, grade breaks and any other
elevations pertinent to the variance requested.
7. Proposed building, structure or appurtenance for which the variance is being
requested.
• The scaled construction drawings of the appurtenance, addition, or structure for
which the variance is being requested.
■ Fee in the amount of $200.00
Account # 100.01.18.03.4327
SIGNATURE OF APPELLANT C - C-e—L DATE
SIGNATURE OF OWNER (if different)
�0
PLEASE BE INFORMED THAT ANY LEGAL, ENGINEERING AND ADMINISTRATIVE
FEES INCURRED BY THE CITY, IN THE PROCESS OF REVIEWING A PROPOSAL OR
APPLICATION, BUT NOT INCLUDED IN THIS FEE SCHEDULE, WILL BE CHARGED
BACK TO THE PETITIONER / APPLICANT 1 OWNER / DEVELOPER FOR 100%
RECOVERY. (Ch. 3.085/Grd. #909)
S:ICITYHALL2BA\ApplicationslZBA-Dimensional Appeal Application.doc
Last printed 415l2002 2:17 PM
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