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Zoning Board of Appeals 06-1996-- fll'V' 01 -. MUSKEGOI March 29, 1996 Kingfolgl Construction Company 3145 North 124th Street Brookfield, WI 53005 RE: W198 S6776 Adrian Drive, Muskego, WI Dear Sirs: DEPARTMENT OF CITY PLANNING Matthew G. Sadowski, Plan Director (414) 679-4136 The Board of Appeals wishes to advise that your appeal from Chapter 17, Section 5.03 (1), Basic District Regulations: Heights, has been granted. Please be advised building permits are required prior to commencing building on this property. Sincerely, Susan J. Schroeder Recording Secretary W182 S8200 Racine Avenue • Box 903 9 Muskego, Wisconsin 53150-0903 0 Fax (414) 679-5614 CITY OF MUSKEGO BOARD OF APPEALS DATE March 28, 1996 APPEAL # 06-96 NAME Kingfoql Construction Com2any _ and Dave and Mary Stawski ADDRESS 3145 N. 124th Street Brookfield, WI 53005 TELEPHONE 781-4488 PROPERTY LOCATION ON WHICH VARIANCE IS REQUESTED ADDRESS W198 S6776 Adrian Drive TYPE OF ZONING RS-1 REQUESTING: Under the direction of Section 3.08 (1) Appeal Provisions, Petitioner seeks one (1) variance: 1) Chapter 17--Zoning Ordinance: Sections 5.03 (1) Basic District Regulations: Height. Said section sets the maximum height restricted to 301. Petitioner seeks a five (5) foot variance to construct a new residence with a measured height of 35'. Zoning: RS-1, 30,000 square foot Single Family Suburban Residence. 125.00 FEE TO BE PAID AT TIME OF APPLICATION DECISION OF THE BOARD OF APPEALS APPROVED DENIED CHAIRMAN PIONEK VICE-CHAIRMAN SCHEPP MEMBER O'NEIL c MEMBER SCHNEIKER MEMBER FIRST ALTERNATE 4fEft5A 4� CITY OF MUSKEGO BOARD OF APPEALS MINUTES OF BOARD OF APPEALS MEETING HELD ON MARCH 28, 1996. PRESENT: Chairman Pionek, Dan Schepp, Terry O'Neil, Henry Schneiker. ABSENT: Mike Brandt and Ed Herda MINUTES: Mr. Schneiker made a motion to adopt the minutes of February 22, 1996, meeting as presented. Mr. Schepp seconded. Upon voice vote, the minutes of February 22, 1996 meeting passed unanimously. NEW BUSINESS:Appeal # 04-96 Jeff Davis, W219 57646 Crowbar Road, Muskego, WI 53150, REQUESTING: Under the direction of Section 3.08 (1) Appeal Provisions, Petitioner seeks two (2) variances: 1) Chapter 17--ZoningOrdinance: Sections 8.01 (7) B.2 Individual District Regulations: Permitted Accessory Uses. Said regulations limits the size of all accessory buildings to 1% of the total lot area. Petitioner seeks a 358 square foot variance to construct a 1,680 square foot accessory structure. 2) Chapter 30--Building Code: W.U.B.C. Chapter XI, Section 30.43 (3): Garages: Area. Said section sets the maximum size of wood or metal frame constructed garages at 720 square feet. Petitioner seeks a 960 square foot variance to permit construction of a 1,680 square foot detached garage structure. Zoning is RCE, 120,000 square foot Single Family Residential Country Estate. Mr. Trejo described the zoning as RCE, 120,000 square foot Single Family Country Estate and updated the Board on the approval of Resolution #P.C. 29-96. Mr. Trejo also explained that the ordinance takes into consideration the need .for excess storage for larger lots by permitting the use of the 1% of total lot size for total outbuildings on lots equal to or larger than 120,000 square feet rather than 60% of the first floor primary space of a residence for lots smaller than 120,000 square feet. Mr- Schepp administered an oath to Mr. Davis. Mr. Davis explained this structure would be 28' x 601, constructed behind the residence. The siding and shingles would match the house. The structure is proposed to be located 50 feet from the residence, eliminating the need of the firewall serving any purpose, only hindering the placement of equipment in the shed. Mr. Davis also stated that the neighboring south property has a similar accessory building, but in a larger size. Mr. Davis stated the need for additional storage to enhance the character of the area by enclosing all his vehicles and supplies. Appeal # 05-96 Phil and Michelle Leighton, W181 56357 Lentini Drive, Muskego, WI 53150 REQUESTING: Under the direction of Section 3.08 (1) Appeal Provisions, Petitioner seeks one (1) variance: 1) Chapter 17--Zoning Ordinance: Sections 5.02 (3) A Building Location: Offsets. Said section restricts erecting, altering or relocating any building so that it's no closer to any lot line than the offset distance specified by the zoning of the district. Petitioner seeks a three (3) foot variance to construct an addition to an existing garage twelve (12) feet from the northern property line. Zoning: RS-2, 20,000 square foot Single Family Suburban Residence. Mr. Trejo explained the RS-2 zoning and the offsets for this property. Stating that the required minimum average width for RS-2 is 110'; the current lot width is 100'. This will allow for a 13.65' offset rather than the 15' requested, revising the appeal to read as a 1.65 foot variance Mr. Schepp administered an oath to Mr. Leighton. Mr. Leighton stated the structure is an eyesore, the addition would add balance to the building an aesthetically improve the property. The hardship stated was the need for storage as a big concern and the existing location and configuration of the home. The file has received a letter from neighbor granting his approval. Appeal #06-96 Kingfogl Construction Company, 3145 N. 124th Street, Brookfield, WI 53005 REQUESTING: Under the direction of Section 3.08 (1) Appeal Provisions, Petitioner seeks one (1) variance: For: Dave and Mary Stawski, W198 S6776 Adrian Drive 1) Chapter 17--Zoning Ordinance: Sections 5.03 (1) Basic District Regulations: Height. Said section sets the maximum height restricted to 301. Petitioner seeks a five (5) foot variance to construct a new residence with a measured height of 351. Zoning: RS-1, 30,000 square foot Single Family Suburban Residence. Mr. Trejo explained the proposed construction will conform with all city requirements except the height. There are buildings allowed to be 35' located in the Industrial Park, Agricultural and Exclusive Agricultural Zoning. Mr. Schepp administered an oath to Mr. Dave Stawski and Ms. Mary Beth Doil, Mr. Stawski explained this is an unique 5.4 acre lot with trees taller than 35 feet. The house will be located 187 feet off the road. There are no other roof lines to be shadowed by his proposed home. The architectural committee for Lakeview Highlands has granted approval for this home. Ms. Doil stated this home has been built in several other communities without concern over the height. There is no living space at the top of the structure, this is to accommodate the cathedral ceilings. Appeal # 07-96 Robert L. Gumieny, S92 W20372 Henneberry Drive, Muskego, WI 53150, REQUESTING: Under the direction of Section 3.08 (1) Appeal Provisions, Petitioner seeks one (1) variance: For the property located at: NW 1/4 of Section 21, Tax Key No. 2242.998 1) Chapter 17--ZoningOrdinance: Sections 5.02 (3) A Building Location: Offsets. Said section restricts erecting, altering or relocating any building so that it's no closer to any lot line than the offset distance specified by the zoning of the district. Petitioner seeks a five (5) foot variance from the north property line and a two (2) foot variance from the south property line to construct a new home ten (10) feet from the northern property line and thirteen (13) from the southern property line. Zoning: RS-1, 30,000 square foot Single Family Suburban Residence. Mr. Trejo described this lot as requiring 120' for width, however, the average width is 901. The zoning ordinance takes into consideration narrow lots created prior to its adoption, thus the required 20' offsets have been reduced to 15' and 15'. However, in this case, the lot does increase its width near the front and the home selected to be placed is what is causing the hardship. Mr. Schepp administered an oath to Mr. Gumieny. Mr. Gumieny stated this lot is 30 years old. His hardship is not having the structure any closer to Racine Avenue than necessary. There is a creek at the rear of the property he would like to view. After much discussion, the Board members decided the survey does not contain sufficient information to make an informed decision at this time. Appeal # 08-96 Bradley D. May, S75 W13880 Bluhm Court, Muskego, WI 53150, REQUESTING: Under the direction of Section 3.08 (1) Appeal Provisions, Petitioner seeks one (1) variance: 1) Chapter 17--Zoning Ordinance: Sections 5.02 (3) A Building Location: Offsets. Said section restricts erecting, altering or relocating any building so that it's no closer to any lot line than the offset distance specified by the zoning of the district. Petitioner seeks a four (4) foot variance from the west property line to construct a garage addition eleven (11) feet from the west property line. Zoning: RS-2, 20,000 square foot Single Family Suburban Residence. Mr. Trejo described the RS-2 zoning. Mr. Schepp administered an oath to Mr. May. Mr. May explained the property to the west is owned by the City of Muskego and is unbuildable, the neighborhood committee of the subdivision does not allow garden sheds, his home is the only one without a three car garage. He recently got married and they combined two households, storage is needed. Mr. May also stated he has received architectural approval. Mr. Ed Herda arrived at the meeting at 8:10 P.M. Appeal # 09-96 Lawrence R. Keller, W182 56573 Garnet Drive, Muskego, WI 53150 REQUESTING: Under the direction of Section 3.08 (1) Appeal Provisions, Petitioner seeks two (2) variance: 1) Chapter 17--Zoning Ordinance: Section 4.06 (2) B.5, Nonconforming Use of Structure (50% Restoration Rule) and Chapter 14--Floodplain Zoning Ordinance: Section 6.1 (2) (D) and (E), Nonconforming Uses. Said sections restrict repairs and alterations to a nonconforming structure to 50% of their fair market value. Petitioner seeks to restore an existing legal -nonconforming deck/pier to over 50% of the assessed value. 2) Chapter 17--Zoning Ordinance: Sections 9.04 (7) E, Lake Shore District Offset Requirements. Petitioner seeks a 35 foot variance from the western ordinary high water mark to construct deck fifteen (15) feet from the western ordinary high water mark. Zoning: RS-3/OLS, 15,000 square foot Single Family Suburban Residence in a Lake Shore District. Mr. Trejo explained the Floodplain Zoning Ordinance and Lake Shore District Offset Requirements. Mr. Schepp administered an oath to Mr. Keller. Mr. Keller stated Leisa Nesta of WDNR had recently made an inspection of the red deck over the water. She will be sending a letter granting approval of its location. As for the deck on the north side of the property he needed this for handicap accessibility. Mr. Keller stated he applied for a deck permit and never received one. Mr. Trejo stated Mr. Keller was informed at the time of application he would be required to obtain a variance. Mr. Mike Brandt arrived at the meeting at 8:45 P.M. DELIBERATION OF APPEALS APPEAL #4-96 Mr. O'Neil made a motion to approve Appeal #4-96. He amended the appeal to read .... 357 foot variance. This variance is not contradicting to the character of the neighborhood. The lack of a firewall would not adversely affect public safety or jeopardize public welfare. The hardship is the lack of storage and variances for the size of the accessory structure have been previously approved in the area. Mr. Schneiker seconded. Upon roll call vote, motion carried. 4--0 APPEAL #5-96 Mr. Schneiker made a motion to amend and approve Appeal #5-96 to include an addition to a legal nonconforming structure caused by the existing 38' setback of the current garage, and the offset variance requested is 1.651. The hardship is the location of the existing structure and the lack of storage. Mr. O'Neil seconded, upon roll call vote, motion carried. 4-0 APPEAL #6-96 Mr. O'Neil made a motion to approve Appeal #6-96 as submitted. This is a large lot, the neighbors nor neighborhood will be affected. The uppermost portion of this house will not be used as habitable space. Hardship cited was that the literal enforcement will not adversely affect public safety or jeopardize public welfare and would adversely affect the architectural integrity of the structure. Mr. O'Neil also requested that research should be done in regards to height of residential structures by the Planning Staff. Mr. Schepp seconded, upon roll call vote, motion carried 4-0. APPEAL V-96 After much discussion regarding the location of new residence on the lot, Mr. Schnieker made a motion to defer Appeal V-96, until April. Mr. Schepp seconded. Upon roll call vote, motion to defer carried. APPEAL #8-96 Mr. Schepp made a motion to adopt Appeal #8-96 as presented. Hardship being the location of the pre-existing structure and the fact that accessory structures are not allowed. Mr. Schneiker seconded, upon roll call vote, motion to adopt carried. 4-0 APPEAL #9-96 Mr. O'Neil made a motion to defer appeal #1 pending DNR approval over the restoration of the existing pier and approve appeal #2 as submitted. Hardship being the special need for handicap accessibility to the home, and the limitations in regards to the existing location of the home and the unique size and shape of this site limiting accessibility. Mr. Herda seconded, upon roll call vote, motion carried. 5-0. ADJOURN Mr. Brandt made a motion to adjourn, Mr. Herda seconded. With no further business to come before this board, meeting adjourned at 10:30 P.M. Respectfully submitted, Susan J. Schroeder 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 S8200 Racine Avenue, at 7:00 P.M., Thursday, March 28, 1996, to consider the following petitions for appeals to the Zoning Ordinance of the City of Muskego: Appeal # 04-96 Jeff Davis W219 S7646 Crowbar Road Muskego, WI 53150 REQUESTING: Under the direction of Section 3.08 (1) Appeal Provisions, Petitioner seeks two (2) variances: 1) Chapter 17--ZoningOrdinance: Sections 8.01 (7) B.2 Individual District Regulations: Permitted Accessory Uses. Said regulations limits the size of all accessory buildings to 1% of the total lot area. Petitioner seeks a 358 square foot variance to construct a 1,680 square foot accessory structure. 2) Chapter 30--Building Code_: W.U.B.C. Chapter XI, Section 30.43 (3): Garages: Area. Said section sets the maximum size of wood or metal frame constructed garages at 720 square feet. Petitioner seeks a 960 square foot variance to permit construction of a 1,680 square foot detached garage structure. Zoning is RCE, 120,000 square foot Single Family Residential Country Estate. Appeal # 05-96 Phil and Michelle Leighton W181 S6357 Lentini Drive Muskego, WI 53150 REQUESTING: Under the direction of Section 3.08 (1) Appeal provisions, Petitioner seeks one (1) variance: 1) Chapter 17--Zoning Ordinance: Sections 5.02 (3) A Building Location: Offsets. Said section restricts erecting, altering or relocating any building so that it's no closer to any lot line than the offset distance specified by the zoning of the district. Petitioner seeks a three (3) foot variance to construct an addition to an existing garage twelve (12) feet from the northern property line. Zoning: RS-2, 20,000 square foot Single Family Suburban Residence. BOA 03/28/96 Page 2 Appeal #06-96 Kingfogl Construction Company 3145 N. 124th Street Brookfield, WI 53005 REQUESTING: Under the direction of Section 3.08 (1) Appeal Provisions, Petitioner seeks one (1) variance: For: Dave and Mary Stawski W198 S6776 Adrian Drive 1) Chapter 17--Zoning Ordinance: Sections 5.03 (1) Basic District Regulations: Height. Said section sets the maximum height restricted to 30'. Petitioner seeks a five (5) foot variance to construct a new residence with a measured height of 35'. Zoning: RS-1, 30,000 square foot Single Family Suburban Residence. Appeal # 07-96 Robert L. Gumieny S92 W20372 Henneberry Drive Muskego, WI 53150 REQUESTING: Under the direction of Section 3.08 (1) Appeal Provisions, Petitioner seeks one (1) variance: For the property located at: NW 1/4 of Section 21, Tax Key No. 2242.998 1) Chapter 17--ZoningOrdinance: Sections 5.02 (3) A Building Location: Offsets. Said section restricts erecting, altering or relocating any building so that it's no closer to any lot line than the offset distance specified by the zoning of the district. Petitioner seeks a five (5) foot variance from the north property line and a two (2) foot variance from the south property line to construct a new home ten (10) feet from the nothern property line and thirteen (13) from the southern property line. Zoning: RS-1, 30,000 square foot Single Family Suburban Residence. Appeal # 08-96 Bradley D. May S75 W13880 Bluhm Court Muskego, WI 53150 REQUESTING: Under the direction of Section 3.08 (1) Appeal Provisions, Petitioner seeks one (1) variance: 1) Chapter 17--Zoning Ordinance: Sections 5.02 (3) A Building Location: Offsets. Said section restricts erecting, altering or relocating any building so that BOA 03/28/96 Page 3 it's no closer to any lot line than the offset distance specified by the zoning of the district. Petitioner seeks a four (4) foot variance from the west property line to construct a garage addition eleven (11) feet from the west property line. Zoning: RS-2, 20,000 square foot Single Family Suburban Residence. Appeal # 09-96 Lawrence R. Keller W182 S6573 Garnet Drive Muskego, WI 53150 REQUESTING: Under the direction of Section 3.08 (1) Appeal Provisions, Petitioner seeks one (2) variance: 1) Chapter 17--Zoning Ordinance: Section 4.06 (2) B.5, Nonconforming Use of Structure (50% Restoration Rule) and Chapter 14--Floodplain Zoning Ordinance_: Section 6.1 (2) (D) and (E), Nonconforming Uses. Said sections restrict repairs and alterations to a nonconforming structure to 50% of their fair market value. Petitioner seeks to restore an existing legal -nonconforming deck/pier to over 50% of the assessed value. 2) Chapter 17--Zoning Ordinance: Sections 9.04 (7) E, Lake Shore District Offset Reqirements. Petitioner seeks a 35 foot variance from the western ordinary high water mark to construct deck fifteen (15) feet from the western ordinary high water mark. Zoning: RS-3/OLS, 15,000 square foot Single Family Suburban Residence in a Lake Shore District. 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. Board of Appeals City of Muskego Donald Pionek, Chairman BOA 03/28/96 Page 4 Dated this 15th day of March, 1996 PLEASE NQ7E: _ 's 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 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 Jean K. Marenda, City Clerk, at Muskego City Hall, 679-5625. Also, Board of Appeals members may conduct site visits for informational purposes. 03/08/96 07:42 SUPREME HEATS 414 781 6474 4_,-1 03/07/1996 13:7a 414-IBi-b4i4 ,•tiert-xl rL,ulFlirki LFT PIV51E 02 cirw or 1M isaaw WARD of ApPSA L4 AppliGoti—oijor yaljmnc! (Owners) ♦ #Bui lder) 4%Ja0 goorr WAppliconts Nana David and Kary 5tawski &-King ogl Construction ^tall"� ' &Vl, aubjoct property A4dress r A(Telephnne H 529-4021 (W) 481-9900 (Kingfogl Const. 781-4488) property Zoning-2 .a Kay • 4(vetitlohar's relationship to property (circle appllc4blal1 owner 161166e other. FOODS $123-00 Date inspector denied permit Requesting variance to section • ���sn*>n� To al I owl The construction of a personal residence with a roof which is 35' high. A literal •AforCement of the term• of the above -referenced section would result In practical difficulty and unnocessary hardahtp because) A) Proposed home design will not allow for the lowering of the roof without a total re -design of a new home. B) A combination of Hip & Gable roofs are used and pitch is required for proper run-off of snow. Roof has marry different angles which help break u; the roof line. Interior of home has living space over the garage and many vaulted and cathedral ceilings, with two story famil room. The variance, It granted, w111 not be contrary to the putivic Interest and will be in accord with the spirit of the code beaawsos A) Subdivision's Plan Review Board has APPROVED plans as submitted. B) Many new upscale home designs are using a re aggressive 12112 roof pitch thereby creating higher roof lines. C) No other homes exist within immediate area of subject parcel D) Proposed home design will create an upscale image for the Lakeview Highlands North subdivision. Tho variance, If granted, will not adversely affect publio safety CC jeop4rdise public welfare because, A) Parcel of land for proposed residence is a 5.4 acre hilly, wooded lot. B) Existing trees on lot are higher than 35'. C) Most lots within the Lakeview Highland North subdivision are 1 acre or larger thereby creating large distances between homes and avoiding an unsightly "roof line" affect. 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