Zoning Board of Appeals- - Minutes-12/4/2003CITY OF
MUSKEGO
- Nz- ---- - - - — - —
DEPARTMENT OF CITY PLANNING
Brian D. Turk
Director of Planning
(262) 679-4136
bturk@ci.muskego.wi.us
ZONING BOARD OF APPEALS
FINDINGS OF FACTS
A dimensional variance is hereby granted to Keith Whitwell, by the Zoning Board of
Appeals of the City of Muskego in Appeal # 05-2003 to permit a 13.8 foot variance to
the side yarn offset, permitting a 36.2 foot north side vard offset for the property in order
to construct a 250 square foot additon at W198 S6762 Adrian Drive 1 Tax Key No.
2179.028, based upon the applicant having met the specifics of the City Ordinance with
respect to granting variances.
It was found that the variance preserves the intent of the Municipal Code because there
is practical difficulty associated with the restrictive covenants which are greatly in
excess of Municipal Code requirements, exceptional conditions applying that do not
generally apply to other properties, specifically the unusual topography. 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 detriment is caused to an adjacent property.
Rat this 5t" day of December 2003.
l
Signed �
Dan Schepp
Chairman, Zoning Board of Appeals
Signed
Brian D. Turk
Planning Director
W182 S8200 Racine Avenue • Box 749 • Muskego, Wisconsin 53150-0749 • Fax (262) 679-5614
ZONING BOARD OF APPEALS MINUTES
CITY OF MUSKEGO
DECEMBER 4, 2003
Meeting was called to order at 7:07 P.M.
PRESENT: Chairman Dan Schepp, Mr. Henry Schneiker, Mr. Horst Schmidt, Mr. Steve Whittow, Dr. Russ
Kashian and Plan Director Turk.
ABSENT: Dr. Barb Blumenfield
STATEMENT OF PUBLIC NOTICE. The Secretary stated the meeting was noticed on November 25,
2003, in accordance with Open Meeting Laws.
NEW BUSINESS: APPEAL #04-2003 Petitioner: Leah McConaghy, W163 S7958 Bay Lane Place 1 Tax
Key 2217.964. 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
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.
A setback of 32.45 —feet is required from the front (west) property line based on Section 17:5.02(2)($)(1)
of the Municipal Code. The petitioner seeks a setback of 21.95-feet from the front (west) property line to
permit the construction of a porch, and is therefore requesting a 10.5-foot variance from the front (west)
property line.
Mr. Schneiker administered the oath to Ms. McConaghy. Ms. McConaghy explained when the siding was
replaced the contractors took off the cement porch to the front door. The door is three feet off the ground
and cannot be used without a porch. The only other door is the back door through the garage. Ms.
McConaghy further explained she does not intend to build out from the porch or build living area over the
porch.
Mr. Turk gave the City's opinion. At the time the siding permit was issued the City was not aware of the
porch. Since the porch is a replacement and not a remodel, it becomes non -conforming. Without a
porch, access to the front door is impossible and could cause serious safety concerns and violates
building codes. Stairs have been located to the side to minimize the encroachment. This petitioner's
request does not adversely affect the neighboring properties. Therefore, staff is recommending approval
of this appeal.
NEW BUSINESS: APPEAL #05-2003 Petitioner: Brian Kendzor, W198 S6762 Adrian Drive I Tax Key
2179.028. 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 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 50-feet is required from the rear property line. The petitioner seeks an offset of 362-feet from
the rear property line to permit the construction of an addition to the principal structure, and is therefore
requesting a 13.8-foot variance from the rear property line.
Mr. Schneiker administered the oath to Mr. Kendzor and Mr. David Strawski of W198 S6776 Adrian Dr.
Mr. Kendzor stated he is the contractor for the property owners Mr. and Mrs. Whitwell. He further
explained the Whitwell's would like to add on to the living room and basement. Due to the odd shape of
the lot and extreme topography, the location the house was built in makes future expansion difficult. Mr.
ZBA Minutes
1214/2003
Page 2
Kendzor stated the neighbors have signed petitions stating they would not be opposed to the addition.
Mr. Kendzor added the lot is wooded and cannot be seen by the neighbors.
Mr. Strawski stated he is the neighbor to the south and a representative of the Homeowners Association.
Mr. Strawski explained the architectural control board has no objections to the addition. The materials
being used will match the house and it will be a great improvement to the property.
Mr. Turk gave the City's opinion. The parcel has unusual dimensions compared to other residential
parcels in the subdivision. The rear offset for the properties in the subdivision is very restrictive to allow
large open spaces for the lots that share rear boundary lines. The neighboring residences are over 250
feet from the petitioner's residence. Discussions with the builder indicate the house was sited in its
present location due to unusual topography, which causes grounds for a variance. Therefore, staff is
recommending approval.
DELIBERATIONS
APPEAL #04-2003- Mr. Schneiker moved to approve appeal 04-2003 to allow a 21.95-foot setback from
the Bay Lane Place right of way for a new porch; citing that the structure has exceptional circumstances
that do not apply generally to other properties due to the need for front doorway access. However, only a
porch may be built closer than the existing 27-foot non -conforming setback that the house currently
maintains and no structure requiring living area may be built over the porch. Mr. Schmidt seconded. Mr.
Schmidt noted the hardship is that of the door being three feet off grade it would be a safety hazard to not
have a porch. Upon a roll call vote Appeal 04-2003 was approved
APPEAL #05-2003 — Mr. Schmidt moved to approve Appeal 05-2003, to allow a 13.8-foot rear offset for
an addition; citing that the property has exceptional circumstances that do not apply generally to other
properties due to the unusual dimensions and topography. Seconded by Mr. Whittow. Mr. Schepp
noted in the past the Board has considered appeals on a case -by -case basis, and because of the
topography of the lot the location of the house is the hardship, The addition will be small and will not
affect the neighbors. Upon a roll call vote Appeal 05-2003 was approved.
APPROVAL OF THE MINUTES: Mr. Schmidt moved to approve the minutes from July 31, 2003.
Seconded by Mr. Schneiker. Upon voice vote, motion carried.
MISCELLANEOUS: The Board thanked Director Turk for his tenure of service with the Planning
Department and the Board of Appeals.
ADJOURNMENT: With no further business to come before this board, Mr. Schmidt moved to adjourn.
Mr. Schneiker seconded. Upon voice vote, meeting adjourned at 7:46 PM.
Respectfully Submitted,
Kellie Renk,
Recording Secretary
CITY OF MUSKEGO
ZONING BOARD OF APPEALS AGENDA
December 4, 2003 7:00 PM
Muskego City Hall, Muskego Room, W182 S8200 Racine Avenue
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
STATEMENT OF PUBLIC NOTICE
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 #04-2003
Petitioner: Leah McConaghy
Residence: W163 S7958 Bay Lane Place 1 Tax Key No_ 2217.964
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 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.
A setback of 32.45-feet is required from the front (west) property line based on Section 17:5.02(2)(B)(1) of the
Municipal Code. The petitioner seeks a setback of 21.95-feet from the front (west) property line to permit the
construction a porch, and is therefore requesting a 10.5-foot variance from the front (west) property line.
2. APPEAL #05-2003
Petitioner: Brian Kendzor
Residence: W 198 S6762 Adrian Drive / Tax Key No. 2179.028
REQUESTING: Under the direction of Chapter 17 Zoning Ordinance: Section 3.08(1) Appeal Provisions,
Petitioner seeks the following variances:
Chapter 17—_ZoningOrdinance: 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 specked for the district in which it is located.
An offset of 50-feet is required from the rear property line. The petitioner seeks an offset of 362-feet from the rear
property line to permit the construction an addition to the principal structure, and is therefore requesting a 13.8-foot
variance from the rear property line.
APPROVAL OF THE MINUTES FROM THE JULY 31, 2003 MEETING.
MISCELLANEOUS BUSINESS
City of Muskego
Zoning Board of Appeals Supplement 05-2003
For the meeting of. December 4, 2003
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 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.
APPELLANT: Brian Kendzor
LOCATION: W198 S6762 Adrian Drive 1 Tax Key No. 2179.028
SW'/, Section 5
PREPARED BY: Jeff Muenkel
BACKGROUND
The petitioner seeks an exception to the rear offset requirement to allow the construction of an addition.
The property is zoned RS-1, Suburban Residence District, and a rear offset of 50-feet is required from
the rear property line for the subdivision. The petitioner seeks a rear offset of 36.2-feet from the rear
property line to permit the construction of the addition, and is therefore requesting a 13.8-foot variance
from the north property line,
DISCUSSION
The parcel has very unusual dimensions compared to other residential parcels in the subdivision. Also,
the rear offset for the properties in the subdivision is very restrictive for the underlying zoning. The
original intention of the developer was to allow larger open spaces and increased distances between
structures. However, this was intended more purposely for the lots in the area that share rear boundary
lines.
The rear of the petitioner's property backs up to unplatted lands containing one residence and zoned RS-
1. The neighboring residence is over 250 feet from the subject residence. The new addition should not
adversely affect the neighboring properties in any way as much of the lands are also surrounded by
forest and the topography is of a significant slope.
Overall, due to the lot shape, the property appears to meet the requirements of an exceptional
circumstance. However, given the size of the lot, a self-imposed hardship seems to also exist on the
property. The dwelling may have been able to be built on a different portion of the lot offering more
opportunities for future expansion, which would not have resulted in a non -conforming structure.
However, discussions with the builder indicate that the house was sited in its present location due to
unusual topography. Unusual topography causes grounds for a variance.
With the new addition the rear offset will still be over 50% greater than the rear offset for other properties
that have similar zoning in the City.
STAFF RECOMMENDATIONS
Approval of Appeal 05-2003, to allow a 13.8-foot rear offset for a addition; citing that the property
has exceptional circumstances that do not apply generally to other properties due to the unusual
dimensions and topography_
CITY OF MUSKEGO BOARD OF APPEALS
APPLICATION FOR DIMENSIONAL VARIANCE
Appellant'sName:W.C,,k6r-_ Pa OCEL i eDr-_" U _ -- 6rZIA0 ^- i)Zvi
Subject Property Address: 411 A lrAN 0ya J
Telephone: Day: Ltoz 132-0
Property Zoning: ,.k
Petitioner's relationship to property (circle applicable):
Owner Lessee
Date inspector denied zoning permit:
Requesting variance to Code Section
Evening: 6^t-4
Tax Key: lit- A15Kg= 21 ? go 7 g
Other (o
A literal enforcement of the terms of the above -referenced section would result in
practical difficulty and unnecessary hardship because:—_b1>rT1,,,t1 j5 ,;,
The variance, if granted, will not be contrary to the public interest and will be in accord
with the spirit of the code because: iN �e-, ztr, t ✓ ,4r✓ pUJ5;,i,4[. 6i4Aj0,6'
The variance, if granted, will not adversely affect public safety or jeopardize public
welfare because: 1.46 /v j( 4v6v &T ,,77 q L 4U,- , �gSv,��
S:WJTYHALLIZBAIWicabons\ZBA-bimertsionaf Appeal App(ic koo doc
last prirried 1/21/02 9:14 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 comers of parcel, building corners, grade breaks and any other
elevations pertinent to the valance 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
SIGNATURE OF APPELLAN
SIGNATURE OF OWNER (if
Account # 100.01.18.03.4327
T I DATE 1 / / 3
tl�kit��
differen DATE a �J
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 I APPLICANT I OWNER / DEVELOPER FOR 100%
RECOVERY. (Ch. 3.085/Ord. #909)
S:ICITYHALLIZBAIAWications\ZBA-Dimensional Appeaf Appiication.doc
Last printed 4/5/2002 2:17 PM.
Home Perfect Rcmc ddHig Co., LLC
I306 Pioneer Road
Grafton, WI 53024
(262) 376-0766
November 4, 2003
City of Muskego Zoning Board of Appeals
PO Box 749
Muskego, WI 53150
RE.: Application for a Dimensional Variance
We respectfully submit this request and apply for a variance to the standard setback provision set forth in the City of
Muskego Zoning Ordinance. We believe that we meet the requirements for "exceptional circumstances" with the
unusual lot shape and the position of the existing structure on the lot.
Due the shape of the lot and the positioning of the existing structure, the side and rear lot lines are significantly
disproportionate some interpretation is in order. The proposed addition, as shown on the Plat of Survey, is on the
north side of the existing home. The front elevation of the home faces east, which makes the addition relative to the
side yard and therefore the side yard set back should apply. Unfortunately, due to the shape of the lot, the planning
department has interoperated this lot line to be the rear lot line and subject to the greater rear yard setback
requirements.
It is our request that setback measurements to be allowed relative to the front lot or the position of the existing
structure as shown on the plot plan. Doing so would seem to be within the "spirit of the ordinance" and will allow
the proposed addition to fall within the letter of the ordinance. However, if this request should be denied, then we
wish to ask for a variance to the ordinance itself and allow the addition to be place within 34 feet of the property line.
The reason for the addition is simple. The existing structure is a 4 -bedroom, 3- bath home, suitable for a growing
family like the Whitwells. The "family room" in this existing floor plan however is mere 280 square feet. Not much
larger than a bedroom and insufficient for a family of — 5 in this neighborhood.
All other zoning requirements are met, (I.E. , floor -area ratio, front and side set backs)
Sincerely,
Brian Kendzor
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