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Zoning Board of Appeals 05-2007ZONING BOARD OF APPEALS FINDINGS OF FACTS A dimensional variance is hereby granted to Randall Girard, by the Zoning Board of Appeals of the City of Muskego in Appeal #05-2007 to permit the placement of two air conditioner units alongside their home allowing a 2.17-foot variance from the western (side) lot line at S70 W 18871 Gold Drive 1 Tax Key No. 2180.941, 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 were exceptional conditions applying that do not generally apply to other properties. The hardship of the narrowness of the lot allows for few options. The placement of the units on the south side of the house would not be efficient. Placing the units on the west side of the house would keep the air conditioner units near the furnace and would still allow for a walkway on the east side of the house. Dated this 291h day of October 2007. Signed Dan Schepp Chairman, Zoning Board of Appeals Signed - 'ec a �— Kellie Renk Recording Secretary ZONING BOARD OF APPEALS MINUTES CITY OF MUSKEGO October 25, 2007 Meeting was called to order at 7:03 P.M. Those in attendance recited the Pledge of Allegiance. unapproved PRESENT: Chairman Dan Schepp, Dr. Barb Blumenfield, Mr. William Le Doux, Mr. Richard Ristow and Planner Adam Trzebiatowski. ABSENT: Vice Chairman Henry Schneiker, Mr. Horst Schmidt and Dr. Russ Kashian STATEMENT OF PUBLIC NOTICE: The secretary stated the meeting was noticed on October 9, 2007 in accordance with open meeting laws. NEW BUSINESS: Appeal #05-2007 — Petitioner: Randall Girard, S70 W 18871 Gold Drive 1 Tax key No. 2180.941. REQUESTING: Under the direction of Chapter 17 Zoning Ordinance: Section 3.02 Zoning Board of Appeals, Petitioner seeks the following variances: Chapter 17 — Zoning Ordinance: Section 15.05 — Accessory Uses and Structures (9) Walks, drives, paved terraces, mechanical appurtenances for all single family and two family structures (such as air conditioners, venting, and service panels), 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 any lot line for mechanical appurtenances on all single-family and two-family lots within the City. The petitioner seeks an offset of 0.83-feet (10 inches) from the western (side) lot line to permit the placement of two air conditioner units alongside their home, and is therefore requesting a 2.17-foot variance from the western (side) lot line. Dr. Blumenfield swore in Randall Girard and Planner Adam Trzebiatowski. Mr. Girard explained his house has an offset of 3 Y2 feet from the side of the house to the lot line. He had planned to put the air conditioning units in the garage. At the time of building inspection the electrical inspector questioned the safety of placing the air conditioning units in the garage and asked Mr. Girard for paper work from the manufacturer stating it is legal to put the units in the garage. The manufacturer would not give paper work stating this. Mr. Girard added that his neighbor did not have a problem with the location as long as it was not right under bedroom window. Mr. Girard stated the units will be sheltered from the neighbor and her house is 70 feet away. The neighbor also has a fence along the west side where they are proposing the air conditioning units. Dr. Blumenfield questioned if they looked into another location. Mr. Girard stated they did look into other locations. If they put it to the north of the house it would be in the yard, and there is already a variance granted on the east side of the house for walkway. If the units were placed on this side they would make it difficult to pass by on the walkway with a wheelchair. They also thought about putting it under the deck to the south of the house, but the distance would exceed 130 feet from the furnace and would compromise the efficiency of the unit, In the proposed ZBA Minutes 10/25/2007 Page 2 location the furnace is directly below the units. Dr. Blumenfield questioned what the hardship is for the request. Mr. Girard stated several hardships; having a 30-foot wide lot, the location of the house, and being unable to place the units in the garage due to safety concerns. Mr. Trzebiatowski gave the City's opinion based on the Zoning Code. Mr. Trzebiatowski explained the petitioner is proposing to locate two air conditioner units along the west side of their existing home. The lot that the home was constructed on is only 30 feet wide. Due to the narrowness of the lot, the house is located only 5.5 feet away from one lot line and only 3.5 feet away from the other lot line, which is conforming. The petitioner was originally planning to locate the air conditioner units inside the garage due to the 3-foot offset requirement for mechanical devices. Upon an inspection by the Building Department the inspector had concerns with the ventilation and possible refrigerant leakage with the units being placed in the garage, even with venting on the side of the garage. The inspector requested something in writing from the manufacturer stating that the units could be placed within the garage, which the manufacture would not do. The petitioner is now proposing to locate the units outside along the west side of the house. An offset of 3-feet is required from any lot line for mechanical appurtenances on all single family and two family lots within the City. The petitioner seeks an offset of 0.83-offset (10-inches) form the western (side) lot line to permit the placement of two air conditioner units alongside their home, and is therefore requesting a 2.17-foot variance form the western side lot line. Based upon the submitted information staff has not been able to find a valid hardship that meets the State Law and Zoning Case Law guidelines. There are other options outside the garage. The petitioner could place the air conditioner on the east side of the house. There is a walkway proposed along that side of the house, but after doing some research staff found there are units that are built taller and narrower. The unit could be as deep as 2.5 feet and no variance would be required and would still leave 2 feet of open walkway. However, this may or may not allow room for a wheelchair. The petitioner could also place the air conditioners on the south side of the house next to the pool heater and filter equipment. Staff respectfully requests denial of appeal 05-2007, allowing the placement of an air conditioner to be allowed with a 0.83-foot (10 inch) offset, a 2.17-foot variance, from the side (western) lot line; citing that the variance does not preserve the intent of the Zoning Ordinance because there are not exceptional conditions applying to the parcel that do not apply to other properties. Also, a non -self imposed hardship is not found for the appeal. The placement of the house on the site is a self-imposed hardship and there are other placement options not requiring a variance. The air conditioners could be placed on the south side (lake side) of the home next to the pool equipment or along the east side of the lot (with a slightly smaller unit). These two options would meet the code requirement and not require any variances. DELIBERATIONS Appeal #05-2007 — Dr. Blumenfied moved to approve as submitted. Seconded by Mr. LeDoux. Mr. Ristow stated he will vote in favor based on the narrow width of the lot. Dr. Blumenfield also stated she is in favor of the approving this appeal. The hardship is based on the narrowness of the lot, which allows for few options. The petitioner did have plans to place the units in the garage. The lake side of the house is not an option because it will take away from the area. The east side being the only other option would not allow for wheelchair access. Mr. LeDoux added locating the air conditioning units near the furnace is important for efficiency purposes. If there is a problem with noise, the petitioner could put up another fence to block ZBA Minutes 10/25/2007 Page 3 the noise from the neighbor. Chairman Schepp agreed that the air conditioner should be near the furnace and noted the neighbor's house is 70-feet away from the proposed air conditioner units. Upon a roll call vote appeal 05-2007 is approved 5-0. OLD BUSINESS: none. APPROVAL OF THE MINUTES: Members present at the September 27, 2007 meeting were not in majority and could not approve the minutes. The minutes will be placed on the next agenda for approval. MISCELLANEOUS - Planner Trzebiatowski noted that, as in the past, the November and December meeting will be combined and held the first week of December if there is an appeal. Notification will be send out if there will or will not be a meeting. ADJOURNMENT: With no further business to come before this Board, Dr. Blumenfield moved to adjourn. Mr. Ristow seconded. Upon voice vote, meeting adjourned at 7:24 P.M. FF�ctf�ull�y Su i#ted, Keilie Renk Recording Secretary CITY OF MUSKEGO ZONING BOARD OF APPEALS AGENDA October 25, 2007 7:00 PM Muskego City Hall, Muskego Room, W182 S8200 Racine Avenge CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL STATEMENT OF PUBLIC NOTICE NOTICE OF CLOSED SESSION PLEASE 'FAKE 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 appeals described below. The Board of Appeals will then reconvene into open session. OLD BUSINESS 1. APPEAL#05-2007 Petitioner: Randell Girard Property: S70 W 18871 Gold Drive 1 Tax Key No. 2174.107 REQUESTING: Under the direction of Chapter 17 Zoning Ordinance: Section 3.02 Zoning Board of Appeals, Petitioner seeks the following variance: Chapter 17 - Zoning Ordinance: Section 15.05 —Accessory Uses and Structures (9) Walks, drives, paved terraces, mechanical appurtenances for all single-family and two-family structures (such as air conditioners, venting, and service panels), 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 any lot line for mechanical appurtenances on all single-family and two-family lots within the City. The petitioner seeks an offset of 0.83-feet (10 inches) from the western (side) lot line to permit the placement of two air conditioner units alongside their home, and is therefore requesting a 2.17-foot variance from the western (side) lot line. NEW BUSINESS None CLOSED SESSION OPEN SESSION APPROVAL OF THE MINUTES FROM THE SEPTEMBER 27, 2007 MEETING. MISCELLANEOUS BUSINESS None. 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 Janice Moyer, City Clerk/Treasurer at Muskego City Hall, (262) 679-5625. City of Muskego Staff Representative Brief Zoning Board of Appeals Supplement 05-2007 For the meeting of.- September 27, 2007 REQUESTING: Under the direction of Chapter 17—Zoning Ordinance: Section 15.05 — Accessory Uses and Structures (9) Walks, drives, paved terraces, mechanical appurtenances for all single-family and two-family structures (such as air conditioners, venting, and service panels), 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. APPELLANT: Randell Girard LOCATION: S70 W 18871 Gold Drive / Tax Key No. 2180.941 CITY'S POSITION PRESENTED BY: Adam Trzebiatowski, City Staff Representative BACKGROUND The petitioner is proposing to locate two air conditioner units along the west side their existing home. The lot that the home was constructed on is only 30 feet wide. Due to the narrowness of the lot, the house is located only 5.5 feet away from one lot line and only 3.5 feet away from the other lot line. Due to the placement of the house, the petitioner was originally planning on locating the air conditioner units within the garage due to the 3-foot offset requirement for mechanical devices. Upon an inspection from the Building Department, Inspector Jim Polinski questioned the petitioner on the placement of the air conditioner units within the garage. The inspector said that he has concerns with the ventilation and possible refrigerant leakage with the units being placed in the garage, even with venting on the side of the garage. The inspector stated that he needed something in writing from the manufacturer stating that the units could be placed within a structure in order for them to be allowed in there. The petitioner has stated that the manufacturer will not and/or cannot provide information that states that. As such, the petitioner is now proposing to locate the units outside along the west side of the house. It is proposed to be located between the house and a picket fence. The parcel is zoned RL-3, Lakeshore Residence District. The property is located on Gold Drive on Little Muskego Lake. The petitioner seeks the following variance: An exception to the required offset from the side lot line for two air conditioner units. An offset of 3-feet is required from any lot line for mechanical appurtenances on all single-family and two- family lots within the City. The petitioner seeks a offset of 0.83-feet (10 inches) from the western (side) lot line to permit the placement of two air conditioner units alongside their home, and is therefore requesting a 2.17-foot variance from the western (side) lot line. DISCUSSION Based upon the submitted information staff has not been able to find a valid hardship that meets State Law and Zoning Case Law guidelines. There is a hardship associated with placing the air conditioners in Appeal # 05-2007 ZBA 09-27-2007 Page 1 the garage due to safety concerns, but since there are other options outside the garage, these options should be pursued. The petitioner could place the air conditioners on the south side (lake side) of the house next to (east of) the pool heater and filter equipment. There is space there for the air conditioners that would be out of the way and in compliance with the three (3) foot offset requitement. The existing retaining walls in that area would help screen/shield any noise that the units may give off. There also is the option to place the air conditioners along the east side of the house. There is a walkway proposed along that side of the house, but the air conditioners could partially encroach into the walkway, white still allowing functionality of the walkway. The proposed larger air conditioner would still need a variance if placed in this area, but research has shown that there are numerous smaller air conditioner units that are available that could fit in this area without a variance. A unit in this area could be as deep as 2.5 feet and no variance would be required. This would still leave 2 feet of open walkway in this limited area, while keeping the allowed 1-Foot offset per Appeal #02-2006 for the walkway. NOTE: Please remember that the City must base their recommendation upon a valid hardship as defined by State Law and Zoning Case Law. Zoning Case Law states that a hardship must be unique to the property, it cannot be self-created, and must be based upon conditions unique to the property rather than conditions personal to the property owners(s). Case Law also states that a hardship should be something that would unreasonably prevent the owner from using their property for the permitted purpose or would render conformity with such restrictions unnecessarily burdensome. BASED UPON THE FOREGOING, THE CITY STAFF REPRESENITIVE RESPECTFULLY REQUESTS: Denial of Appeal 05-2007, allowing the placement of an air conditioner to be allowed with a 0.83- foot (10 inch) offset, a 2.17-foot variance, from the side (western) lot line; citing that the variance does not preserve the intent of the Zoning Ordinance because there are not exceptional conditions applying to the parcel that do not apply to other properties. Also, a non -self imposed hardship is not found for the appeal. The placement of the house on the site is a self-imposed hardship and there are other placement options not requiring a variance. The air conditioners could be placed on the south side (lake side) of the home next to the pool equipment or along the east side of the lot (with a slightly smaller unit). These two options would meet the code requirement and not require any variance. Appeal # 05-2007 ZBA 09-27-2007 Page 2 LEGEND Q Agenda Item(s) Property Structure ^/ Right-of-way Hydrography '4j} CITy _ Prepared by City of Planning Oepartmei 0011111111110 9 11 2007 Appeal #05-2007 Supplemental Map Petitioner: 2180.941 Randell Girard S70 W18871 Gold Drive Zoning Board of Appeals Supplement 05-2007 General Proposed Location S70 W18871 Gold Drive / Tax Key No. 2180.941 West Side of the House �iVek OM Wrap i, .-ram w r T View from the Neighbors of General Proposed Location 1 of 2 Possible Placement Location Lake Side of the House — Placement Option r • j 1 East Side of the House (Future Walkway Location) — Placement Option 2 of 2 r i rn� rn 1� v .c " or 54 a tiQ p4 �� I 9-k-2e 90 , c � • 0 �n y P �n `1 LL 4 O L— .Oya rvlr swsa MGM-; o9a JWOVA y VM " '�!(7 W - - - -:A 3 IO.SY�lAS G 05 m p o p t�D m )ZI. ro Q`q a Q mug) 7 Dn Sy7 ^ .� flJ Gooj � .. y � tD ? f*1 an � � N� O O O� q�0 mw11 -4 O Ln Q 'D N 0d d W O a)A to cD 7 � � .��w � .ter O Ci O tD _ n oD N �Q O cD by Otn a O M O O Q O O o� N p 4;,-.rto S Koo g.-.ZLs:�g 30 mo o= OOO m caD o O Q y 3 fD 07 OZ° p ° 0_ ID C @ y O =r O (p mm D � eD _ Y OtD �G O: WQ 3 0 3 m fA Q-u y N tD-U1Q0 —O y 0 CL NCD �" O Qd C fTI��N .. 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