Zoning Board of Appeals 06-1993CITY OF MUSKEGO
BOARD OF APPEALS
MINUTES OF BOARD OF APPEALS MEETING HELD ON FEBRUARY 25, 1993
Chairman Gerald Fohr called the meeting to order at 7:30 p.m.
PRESENT: Chairman Gerald Fohr, Vice Chairman Terry O'Neil,
Mr. Lloyd Erno, Mr. Robert Vitt, Mr. Chuck Dykstra, Sr.
ABSENT: Mr. Don Pionek, Mr. Thomas Berken, & Mr. Darryl Rowinski
MINUTES: Mr. Vitt made a motion to approve the minutes of the
January 28, 1993 meeting, and Mr. O'Neil seconded. Upon a voice
vote, the motion to adopt the minutes passed unanimously.
APPEAL #5-93 - Gregory S. Wade, S77 W18512 Janesville Rd.,
Muskego, Wisconsin, 53150, appeared requesting a 17' variance from
the 60' base setback requirement from C/L Janesville Rd., to allow
sign within base setback area to move business sign as part of
overall landscape theme. He has owned this property for the last
10 years and has taken many other permits out with the City. He
wishes to have the sign removed from front of yard and placed
along driveway to align up with trees, so the sign is easily
visible from the road. Mr. Wade stated he would sign a deed
restriction to move the sign in the event the road would be
widened in the future. Mr. Dykstra stated he may need approval
from the County, as Janesville Road is a County Highway. The
County may need to approve signs or even an extra entrance to the
Highway. Mr. Wade stated this sign would be next to the street
light. This sign would be the same sign as before but maybe
positioned a little lower.
Paul Wiedmann, neighbor to the West of Mr. Wade, stated there
was a slight hill and curve in front of Mr. Wade's property. He
was concerned about the obstruction of his view exiting his
driveway. Carol Giesegh, another neighbor, also stated she was
concerned about the sign being an obstruction of her visibility.
Mr. Wade stated this sign will be north of the fence which was
approved by the Plan Commission. This sign will still be 45 feet
from the center of the road, 5 feet north of existing fence. The
fence is 4 feet high.
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Neighbors agreed they would be satisfied if the sign was
placed higher. Mr. Wade estimated the sign to be 23 sq. ft. and
11 ft. high. The sign is presently illuminated. Mr. Wade doesn't
feel it would be a traffic hazard, as both the nursing home and
church next door to him have signs closer to the road than this
one will be placed.
APPEAL #6-93 - Lynn Kurer, W143 57989 Durham Dr., Muskego,
Wisconsin, appeared requesting a variance to requirement of
Municipal Code #32.02(2)(j) which requires the installation of a
firewall and/or fire sprinkler in a building to be used for garage
or commercial storage purposes. City water service is not
available in this area and no hazardous materials will be stored.
Board of Appeals
Page 2
February 25, 1993
The size of this storage building is 40' x 200' and has been
approved by the Plan Commission. This building, with 5 bays
within, will be used to store vehicles and rental space.
Mr. Dykstra stated sprinklers or a firewall with a 4-hr. rating
are required for a commercial building this size. Mrs. Kurer
stated she was unaware of the fire code and felt it was not
feasible. Mrs. Kurer has her things in storage right now and has
renters awaiting to use her building. Plan Commission reviewed
this building for architectural appeal for the area, not for
building code.
Mrs. Kurer hired the contractor in September construct the
building and paid him $36 or $37,000 and felt he would take care
of everything, including the permits and building codes required.
Mr. Dykstra stated he explained the codes to Mrs. Kurer in
October when the plans were dropped off. In October when the
permit was approved, Mr. Dykstra listed one of the conditions
being a firewall or a sprinkler system.
Mr. Phil Dibb & Mr. Tom Kramer, Tess Corners Fire Department
Fire Code Administrators, appeared to explain why a firewall or
sprinkler system was beneficial. Mr. Dibb stated this situation
was not impossible, but could be costly. Variances shouldn't be
given to take away from the protection of the public. He
explained this situation could be hazardous to the Fire Department
trying to protect it from a fire.
Mrs. Kurer received a citation from the Building Department
for proceeding with construction of a new building without
obtaining a permit. The citation is issued to the owner rather
than the builder. Mrs. Kurer felt her hardship for this variance
was that everything is already bought.
Mr. O'Neil asked why the Plan Commission approved the plan
without the firewall or sprinkler. Mr. Dykstra explained the Plan
Commission does not look at the submittals for compliance with
building codes.
Mr. Dibb stated the firewall could be constructed without
changing the building. One wall has to be modified. Mr. Fohr
said the builder should have informed the buyer of the fire code.
APPEAL #7-93 - Lynn Kurer / Bushy's Pub, S67 W14831 Janesville
Rd., Muskego, Wisconsin, appeared requesting a 3.19 ft. setback
variance from the requirement of 75.15 ft. to allow the
construction of an addition onto the existing non -conforming
structure to expand the existing structure to the southwest.
If the value of this addition is 50% or more of the existing
structure, the existing building will have to be brought up to the
present code. This addition will be used for business not living
space. Mrs. Kurer stated she is actually enclosed the space now
being used as a patio/garden. Hardship being an increase in
business and a unique size lot.
APPEAL #8-93 - Craig Lawdanski, S68 W17951 island Dr., Muskego,
Wisconsin, appeared requesting a 2" variance to the Municipal Code
#30.15(3)(a), which requires a minimum ceiling height of 6110", to
Board of Appeals
Page 3
February 25, 1993
without permits that did not comply with code. Mr. Dykstra stated
this home has gone through a few code compliances with previous
owners and this violation was not noticed. This home was
constructed in 1935. Previous owners had done some remodeling
without permits that lead the building inspector to inspect this
remodeling closer. Code Compliance is to insure home is up to
code and all existing work has permits and is done properly.
Permits cannot be issued for this work without receiving a
variance for the ceiling height. Hardship being the work was done
prior to the current owner's purchasing home.
The meeting remained in open session.
APPEAL #5-93 - Gregory S. Wade, S77 W18512 Janesville Rd.,
Muskego, Wisconsin. Chairman Fohr stated the reason for the
position of the signs for the church & nursing room was the paved
parking lots. Hardship being that the sign is being hidden by
trees. He stated he couldn't see a hardship for this sign. Mr.
O'Neil stated moving the sign actually takes your eyes off of the
road. He said he has no problem; it would be a more feasible
sign. Mr. Vitt made a motion to approve this appeal as submitted
stating that trees weren't this size 10 years ago and in this new
location it would attract business. The existing height would be
maintained. Mr. O'Neil seconded. Upon a roll call vote, the vote
was 3 members voting yes and 1 member voting no. Since less than
four persons voted to approve the variance, the motion failed.
APPEAL #6-93 - Lynn Kurer, W143 S7989 Durham Dr., Muskego,
Wisconsin. Hardship cannot be financial or ignorance of the
building codes in Muskego. The Board advised a firewall be
installed in this commercial building. Mr. O'Neil made a motion
to deny this appeal for lack of a hardship. Chairman Fohr
seconded. Upon a voice vote, the motion passed unanimously
APPEAL #7-93 - Lynn Kurer / Bushy's Pub, S67 14831 Janesville
Rd., Muskego, Wisconsin, 53150. Mr. Vitt made a motion to approve
this appeal as submitted. Hardship being existing location of
original structure and lot size. Chairman Fohr seconded. Upon a
voice vote, the motion passed unanimously.
APPEAL #8-93 - Craig Lawdanski, S68 W17951 Island Dr., Muskego,
Wisconsin, 53150. Mr. O'Neil made a motion to approve this appeal
as submitted. Hardship being work being done by pre-existing
owners. Mr. Vitt seconded. Upon a voice vote, the motion passed
unanimously.
Board of Appeals
Page 4
February 25, 1993
MISCELLANEOUS BUSINESS:
It was decided that Board Members review Don Pionek's suggestions
on survey requirements before the next meeting and discuss them at
that time. Chairman Fohr asked that the fees also be voted on
next month. A survey of surrounding community fees was taken and
results from them will be sent out to the board members before the
next meeting.
ELECTION OF OFFICER:
Mr. O'Neil nominated Don Pionek as the Board's new Vice -Chairman.
Mr. Vitt seconded. Upon voice vote, the motion was unanimous.
ADJOURNMENT:
There being no further business, Chairman Fohr made a motion to
adjourn and Mr. Vitt seconded. Upon voice vote, the motion to
adjourn passed unanimously. The meeting was adjourned at 9:45 p.m.
Respectfully submitted,
BOARD OF APPEALS
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Kathy A recht
Recording Secretary
CITY OF MUSKEGO
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN pursuant to Wisconsin State Statute 62.23
(3) 6. that a public hearing will be held at the Muskego City
Hall, W182 58200 Racine Avenue, at 7:30 P.M., Thursday, February
25, 1993 to consider the following appeals:
APPEAL 5-93 Gregory S. Wade
S77 W18512 Janesville Rd.
Muskego, WI 53150
REQUESTING: 17' variance from the 60' base
setback requirement from C/L Janesville
Rd., to allow sign within base setback
area.
REASON: To move business sign as part of overall
landscape theme.
ZONING: RS3/OOS
APPEAL 6-93 Lynn Kurer
W143 57989 Durham Dr.
Muskego, WI 53150
REQUESTING: Variance to requirement of municipal
code #32.02(2)(j) which requires the
installation of a firewall and/or fire
sprinkler in a building to be used for
garage or commercial storage purposes.
REASON: City water service not available and no
hazardous materials will be stored.
ZONING: R2/OOS
APPEAL 7-93 Lynn Kurer / Bushy's Pub
S67 W14831 Janesville Rd.
Muskego, WI 53150
REQUESTING: A 3.19 ft. setback variance from the
requirement of 75.15 ft. to allow the
construction of an addition onto the
existing non -conforming structure.
REASON: To expand the existing structure
to the southwest.
ZONING: B-2
APPEAL 8-93 Craig Lawdanski
S68 W17951 Island Dr.
Muskego, WI 53150
REQUESTING: 2" variance to the municipal code
#30.15(3)(a), which requires a
minimum ceiling height of 6'10",
to allow a 618" ceiling height.
REASON: Previous owners performed work without
permits that did not comply with code.
ZONING: RS3/OED
Board of Appeals
Page 2
February 25, 1993
NOTICE OF CLOSED SESSION:
PLEASE TAKE NOTICE that the Board of Appeals of the City of
Muskego will 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
Gerald Fohr, Chairman
Dated this 15th day of February, 1993
CITY OF MUSKEGO
BOARD OF APPEALS
DATE 3
NAME L V N N
ADDRESS &d1gF3 /ZTELEPRONE42- 2 - le s
PROPERTY LOCATION ON WHICH VARIANCE IS REQUESTED
ADDRESS
SUBDIVISION
TYPE OF ZONING
LOT BLOCK
VARIANCE REQUESTED: 6L//v7/,7(y-
T rd C ",p7- C 5�
REASON FOR VARIANCE REQUEST:
$35.00 FEE TO BE PAID AT TIME OF APPLICATION:
DATE PAID RECEIPT NO.
DECISION OF THE BOARD OF APPEALS
C HA I RMAN�1 " r�
V I CE- CHA1I FL14AN
MEMBER
MEMBER
MEMBER
FIRST ALTERNATE
SECOND ALTERNATE
Secretary azi1r -af
Date
pproved Refuse
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