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ZBA-Minutes 06-1991CITY OF MUSKEGO BOARD OF APPEALS MINUTES OF BOARD OF APPEALS MEETING HELD ON MARCH 28, 1991. Vice -Chairman Terry O'Neil called the meeting to order at 7:30 P.M. PRESENT: - Vice -Chairman Terry O'Neil, Thomas Berken, Bonnie Posbrig, Donald Pionek, Daryl Rowinski and Director Gerald P. Lee. ABSENT: - Chairman Gerald Fohr. MINUTES: Mr. Pionek made a motion to approve the minutes of the February 28, 1991 meeting and Mr. Berken seconded. Upon a voice vote, the motion to approve the minutes passed unanimously. APPEAL 4-91 - ROGER FRYCIENSKI, W186 S6834 Jewel Crest Vice -Chairman O'Neil read the appeal for Mr. Frycienski requesting a 4'3" separation variance between a proposed residential addition and an existing detached garage structure. Mr. Lee stated they wish to construct an addition to the existing dwelling. The zoning is RS-3/OLS. Mr. Frycienski appeared before the Board of Appeals. He said his hardship is the 800 sq. ft. size of his house with no basement; he has explored other options but his lot is so small. Mr. Pionek discussed the required sideyards and what will go in the space between the garage and the house. Mr. Lee will check the plans when they come into the Building Department for a permit. Vice- Chairman O'Neil asked if anyone in the audience wished to speak? No one did. Vice -Chairman O'Neil informed Mr. Frycienski the Board of Appeals will try to reach a decision on this variance tongiht and he could call the Building Inspection Office in the morning to obtain the Board's decision or wait for it to be mailed to him within five (5) days. APPEAL 5-91 - DONALD B. CHAPMAN, W188 S7628 Oak Grove Vice -Chairman O'Neil read the appeal for Mr. Chapman requesting a 6' offset variance to allow an existing storage structure. Mr. Lee stated an appeal concerning the garage was requested in the summer of 1989. The zoning is RS-3/OLS. This shed was constructed 1' into the lake access area. Vice -Chairman O'Neil asked who the owner of this lake access is? Mr. Lee responded the City of Muskego. Mr. Chapman appeared before the Board and stated he bought his house of March 1979, but didn't know of the 13' Right of Way; there was no existing survey of his land. He did present a survey of another property dated 7/17/74 and sketched his structures on this dwelling. He replaced an existing metal structure and didn't get a permit; he just replaced the building with another. Since then, he has taken out a permit. His hardship is: 1-he can't put the structure in front because of the power line; 2- he can't move it down to the lake area; 3- he would loose most of the structure in disassembly. He maintains the lot. He discussed this with Pete Theis of the Park and Rec Pg. 2 Department. Vice -Chairman O'Neil asked Mr. Lee if the city has checked this encroachment to see who owns the land. Mr. Lee responded he hadn't. There was some discussion concerning the placement of this shed in relation to the house. Mr. Chapman said he would store a lawn tractor in this shed. He said the structure has a plywood floor on cement blocks dug into the ground -- not cement. Mr. Pionek questioned Mr. Chapman as to whether on his deed he is on Lot 10? He said he was. Mr. Berken said that perhaps the Board of Appeals doesn't have the power to grant this variance. The City Attorney may have to be consulted. He still has to obain a variance for the other 51. The existing shed is a concern as it encroaches onto another deeded parcel. Mr. Pionek suggested to Mr. Chapman that he get a survey done of his property. Vice -Chairman O'Neil asked if anyone in the audience wished to speak? Mr. Clarence Steffens, W188 S7618 Oak Grove, who lives right to the north of him has no problem. Mr. Ed Lyon, W188 57598 Oak Grove Drive said his house is approximately 141' away. He is concerned about this encroachment. This Right of Way has to be left open for off -lake properties. Mr. Bill Heath, W188 S7603 Oak Grove lives two houses down and is a new property owner in this area. He is concerned with the lake access. Mr. Rowinski was concerned with the city's liability. Mr. Lee said any claim that was made to the city would be turned over to the city's insurance company. Mr. Lee said any resident could speak before the Park and Recreation Board concerning this encroachment. Mr. Chapman in his closing said he would get a survey and go on from there. His hardshi lso ry to financial. The Board informed Mr. Chapman they will ach a decision on this matter tonight and he canDALN a lding Inspection Office in the morning to obtain thedeci ion or wait for it to be mailed to him within fivs. 1APPEAL 6 9IN C. LON - S110 W20606 Der�oon Road - Vice Chairma O'd the r quest for a 4' offset variance to constru t a. Mr. lvin Long appeared before the Board. He said a o con ruct the garage in the same location before i bwn. The doors face the west and side entrance- ertain radius to turn into the garage. The sketch he sin lieu of a survey has a tree line that is deceiving -- the tree line is the lot line. There is a retaining wall there. Mr. Pionek asked where his survey was? He said he had one in 1979 and when he refinanced, it was lost. He just has a deed left. When asked about the unusual shape, he said he likes the "L" shape for a shop area. He has no basement and needs storage in his garage. He will take out the old garage slab. Vice -Chairman O'Neil asked if anyone in the audience wished to speak? Rick Clement, a neighbor said he supports him and would like to also apply for a variance in the future. Vice -Chairman O'Neil informed Mr. Long the Board will try to reach a decision on this variance tonight. He can call the Building Inspection Office in the morning for the decision or wait for it to be mailed to him within five (5) days. Pg. 3 APPEAL 7-91 - JEFFREY E. SNELSON - S79 W17422 Scenic Drive. Vice -Chairman O'Neil read the request for a 3' offset variance on the west lot line for the placement of a paved drive. Mr. Lee said this request should be for a 2' offset variance. The variance would enable the drive along the lot line to provide for a "Turn In" to the garage. The current owner, Theresa Markowski was also present. Mr. Snelson wishes to purchase the property from Mr. & Mrs. Markowski. Mr. Gene Baietto, S79 W17430 Scenic Drive, the neighbor affected by the driveway was also present. Mr. Snelson presented his hardship and referred to his letter dated March 12, 1991 requesting this variance which was signed by the Snelson, Markowski, Baietto families. They were all in favor of this variance request. Mr. Snelson also showed pictures. The driveway has a slight pitch. There was some discussion concerning the water run-off. Mr. Snelson feels the proposed curb would be a positive solution. Mr. Baietto supports the curb idea. Vice -Chairman O'Neil informed Mr. Snelson the Board will try to reach a decision tonight and he could call the Building Inspection Office in the morning Inspection for the decision or wait for the decision to be mailed to him within five (5) days. Vice -Chairman O'Neil noted the Minutes of the February 28, 1991 meeting needed to be approved. Mr. Pionek made a motion to approved the minutes and Mr. Berken seconded. Upon a voice vote the motion to approve the minutes passed unanimously. The Board remained in Open Session (8:55 P.M.) APPEAL 4-91 - ROGER FRYCIENSKI - Following a discussion of all the information presented, Mr. Rowinski made a motion to grant the variance as requested and Mr. Pionek seconded. The hardship being the limited space. Upon a roll call vote the motion to grant the variance passed unanimously. APPEAL 5-91 - DONALD B. CHAPMAN - Mr. Berken said he wouldn't appove the shed and feels it can be dismantled. Maybe we could delay the decision to get legal counsel? Mr. Rowinski thought perhaps we could give Mr. Chapman 60 days to obtain a survey and get a legal opinion. Mr. Berken felt the Board should not give options. Just deny the variance and he could get his survey and if he chooses to re -appeal he could if he has new information that wasn't available at the previous hearing. Mr.. Lee added that the Board could ask the City Attorney if it is in their power to grant a variance that could put an encroachment on land; it may be that the Board of Appeals does not have the right. Mr. Berken made a motion to deny the appeal as requested and Mr. Rowinski seconded. Upon a roll call vote the motion to deny passed unanimously. APPEAL 6-91 - CALVIN C. LONG - Vice -Chairman O'Neil questioned the shape of the garage. Mr. Pionek felt he should check with the original mortgage lender to obtain a survey. After some discussion Mr. Pionek made a motion to grant the variance as requested the hardship being the width of the lot. Mrs. Posbrig seconded. Upon a roll call vote the motion to grant the variance passed unanimously. APPEAL 7-91 - JEFFREY E. SNELSON - The Board agreed to change the variance request to a 2' offset. Mr. Pionek commented that the neighbor, Mr. Baietto supported this variance. The curb on the concrete fixes the potential complaint. Mr. Berken said he had talked to the owner, Mrs. Markowski, who said her concrete contractor had told her this driveway would not cause problems with the city. The grade of the driveway is sloped. Mr. Pionek wished to abstain and was allowed to do so. Mr. Berken made a motion to approve the 2' variance request the hardship being this is the best way to solve the water/snow problem. Mr. Rowinski discussed the drainage issue and the side entry to the garage. Mr. Berken further clarified his motion to read that a variance be granted as amended to a 2' offset variance with the condition that some provision be made to prevent water from entering the adjacent west property. Mr. Rowinski seconded. Upon a roll call vote the motion to grant the variance passed unanimously with Mr. Pionek abstaining. ADJOURNMENT: Mrs. Posbrig made a motion to adjourn the meeting at 9:40 P.M. and Mr. Pionek seconded. Upon a voice vote, the motion to adjourn passed unanimously. Respectfully submitted, Cheryl Schmidt Recording Secretary /cds April 3, 1991 Mr. Calvin C. Long S110 W20606 Denoon Road Muskego, WI 53150 Dear Mr. Long: The Board of Appeals Wishes to advise you that your request for a 4' offset variance to construct a garage has been granted. Thank you. Sincerely, BOARD OF APPEALS Cheryl Schmidt Recording Secretary cds m r �- 9 Q n I PLC7 rn:a' o= i:JPJSc NEW C:ARACjE ^T stkotij INAt45Kc.".w0 Scar— e. 5 o 'x 445 _. 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