Zoning Board of Appeals 06-1997DEPARTMENT OF CITY PLANNING
Matthew G. Sadowski, Plan Director
(414) 679-4136
April 1, 1997
Mr. and Mrs. Andy Mack
S66 W15271 Woodland Place
Muskego, WI 53150
RE: Board of Appeals #6-97
Dear Mr. and Mrs. Mack:
The Board of Appeals wishes to advise that your appeal from Chapter
17, Section 5.02(2) B: Setbacks, was denied due to lack of
hardship.
Appeal from Chapter 17 Section 4.05 (2) C.4 (60 percent rule) and
Section 30.43 (3) (c): (firewall) were approved as submitted.
Please be advised a building permit is required prior to commencing
work on your property.
Sincerely,
-Q�cl
Susan J. Sc roeder
Recording Secretary
W182 S8200 Racine Avenue a Box 903 • Muskego, Wisconsin 53150-0903 * Fax (414) 679-5614
CITY OF MUSKEGO
BOARD OF APPEALS
DATEMARCH 27, 1997 APPEAL #06-97
NAME ANDY & LYNN MACK
ADDRESS S66 W15271 WOODLAND PLACE
Muskego, WI 53150
PROPERTY LOCATION ON WHICH VARIANCE IS REQUESTED
ADDRESS S66 W15271 WOODLAND PLACE
TYPE OF ZONINGRS-1
Appeal #06-97 REQUESTING: Under the direction of Section 3.08
(1) Appeal Provisions, Petitioner seeks three (3) variances:
1. Chapter 17--ZoningOrdinance: Section 5.02 (2) B Building
Location: Setbacks. Said regulation requires a 40 setback from
the road right-of-way. Petitioner seeks a 2 foot variance to
build an accessory structure 38 feet from the road right-of-way.
2. Chapter 17--Zoning Ordinance: Section 4.05 (2) C.4 Accessory
Structures: Permanent Structures. Said regulation restricts
the square footage of total outbuildings to 60% of the floor
area of the principal building on the lot. Petitioner seeks a
20% variance to a build an accessory structure totaling 80% of
the floor area of the principal building on the lot.
DECISION OF THE BOARD OF APPEALS
1. Petitioner seeks a 2 foot variance to build an accessory structure 38 feet from the road right-of-way.
2.Petitioner seeks a 20% variance to a build an accessory structure totaling 80% of the floor area of the
principal building on the lot.
Petition 1 was denied due to lack of hardship. Petition 2 was approved as submitted.
CHAIRMAN O'N
VICE-CHAIRMA
MEMBER SCHNE
MEMBER HERDA
MEMBER SCHEPP
MEMBER SCHUST
MEMBER ROSS (
CITY OF MUSKEGO
BOARD OF APPEALS
MINUTES OF MARCH 27, 1997 MEETING
PRESENT: Chairman Terry O'Neil, Vice Chairman Mike Brandt, Dan
Schepp, Henry Schneiker, Ed Herda, Heather Schuster, and Jim Ross.
The secretary reported the meeting was properly noticed in
accordance with the Open Meeting Law.
MINUTES: Mr. Herda made a motion to accept the amended minutes
from the February 27, 1997 meeting. Mr. Brandt seconded, upon
voice vote, motion carried.
NEW BUSINESS:Appeal # 05-97 Jerome Stenstrup, W198 S10857 Racine
Avenue. REQUESTING: Under the direction of Section 3.08 (1) Appeal
Provisions, Petitioner seeks two (2) variances: 1. Chapter
17--Zoning Ordinance: Section 5.02 (2) B Building Location:
Setbacks. Said regulation requires a 40 setback from the road
right-of-way. Petitioner seeks a 15 foot variance to build an
addition 25 feet from the road right-of-way. 2. Chapter 17--Zoning
Ordinance: Section 4.06 (2) A.1 Legal Nonconformity:
Classification and Regulation. No such structure may be expanded
or enlarged except in conformity with the regulations of the
district in which it is located. Petitioner seeks to construct a 7
foot covered walkway within the setback area of the property.
Zoned: RS-2/OLR, Suburban Residence District with a Lake
Recreation Overlay.
Mr. Trejo described the zoning. Mr. Brandt administered an oath
to Mr. Jerome Stenstrup. Mr. Stenstrup stated his concept for the
building has been to have an old saloon atmosphere. The Plan
Commission has approved the concept and stated a variance would be
required. Mr. Stenstrup would like to place a covered walkway
along the front of the building, the side of Racine Avenue. The
building is roughly over a foot higher than ground grade, and the
entry would require a step-up access. Mr. Stenstrup would like to
place the required handicap access along this side of the
building, covered along the walkway. The hardship being the
pre-existing location of the building, the expanded right-of-way
of Racine Avenue due to the ulitmate right-of-way plan of 2010,
and safety conditions for the handicap ramp.
Appeal # 06-97 Andy and Lynn Mack, S66 W15271 Woodland Place
REQUESTING: Under the direction of Section 3.08 (1) Appeal
Provisions, Petitioner seeks three (3) variances: 1. Chapter
17--Zonina Ordinance: Section 5.02 (2) B Building Location:
Setbacks. Said regulation requires a 40 setback from the road
right-of-way. Petitioner seeks a 2 foot variance to build an
accessory structure 38 feet from the road right-of-way. 2. Chapter
17--Zoning_ Ordinance: Section 4.05 (2) C.4 Accessory Structures:
Permanent Structures. Said regulation restricts the square footage
of total outbuildings to 60% of the floor area of the principal
building on the lot. Petitioner seeks a 20% variance to a build an
accessory structure totaling 80% of the floor area of the principal
building on the lot. 3. Chapter 30--Building Code: Chapter Xi,
Section 30.43 (3) (c) Garages: General Requirements. Said
regulation restricts the interior area of a wood framed accessory
structure to 720 square feet. Petitioner seeks a 216 square foot
variance to permit a 936 square foot accessory structure without a
dividing firewall. The property zoned RS-1, Suburban Residence
district.
Mr. Brandt administered an oath to Andy and Lynn Mack. Mr. Trejo
described the zoning and stated the house is smaller than required
1600 square foot requirement for this zoning district. This was
similar to over 80% of the homes in the Glenbrook Subdivision. If
the house were the proper size, a variance would not be necessary
to allow a 26' by 36' garage.
Mr. Mack stated the current garage structure would be removed and
the concrete would also be removed. They have run out of garage
space. The garage could not be built facing Lawnsdale Place for
fear of vandals breaking into the garage. The service truck should
be inside the garage, however, if they build a firewall they would
have no mobility inside the garage. The setback would not hinder
Lawnsdale Place, since it is a dead-end street.
Mr. Trejo stated the residence does have a basement and there is
room available on the lot to shift the structure two feet in the
other direction.
Appeal # 07-97 Anne and Michael Recknagel, W190 57096 Wentland
Drive REQUESTING: Under the direction of Section 3.08 (1) Appeal
Provisions, Petitioner seeks two (2) variances: 1. Chapter
17--Zoning Ordinance: Section 5.02 (3) A.1 Building Location
Offsets. Said regulation requires a 7.5 foot offset from the
northern property line. Petitioner seeks a 4.6 foot variance to
build an addition to the rear of the home 2.9 feet from the
northern property line. 2. Chapter 17--Zoning Ordinance: Section
4.06 (2) A.1 Legal Nonconformity: Classification and Regulation.
No such structure may be expanded or enlarged except in conformity
with the regulations of the district in which it is located.
Petitioner seeks to construct an addition 2.9 feet from the
northern property line. The property is zoned RS-3/OLS, Suburban
Residence District with a Lake Shore overlay.
Mr. Brandt administered an oath to Anne and Michael Recknagel.
Mr. Trejo stated Mr. Recknagel submitted a new plan just prior to
the meeting and staff has not had a chance to review the plan.
When reviewing the plans submitted at the time of the application,
it was noted that the existing garage, which received a variance
for setbacks, was mistakenly approved to be place to close to the
northern property line. This now had set both structures, the
home and the garage, out of compliance. It would be best to apply
the larger offset, 7.5 feet, to the addition and home, that way
the garage structure would stay in compliance with the zoning
district. This would avoid unnecessary problems for the
petitioner in the future. Mr. Trejo also stated that a neighbor
had called in for information on the variance, and that Mr. Trejo
miss informed the neighbor about the addition due to the new
change in plans.
Mr. Schnieker made a motion to defer Appeal 97-7 to allow time for
the appellant to meet with staff and review proposed plan.
Neighbors have been misinformed as to what is ultimately proposed.
There will be a three month time limit to return to the Board of
Appeals. Mr. Schepp seconded. Upon roll call vote, motion to
defer was approved unanimously.
DELIBERATIONS
APPEAL #05-97 Mr. Schneiker made a motion to approve the appeals as
submitted due to safety and pre-existing location of structure on
the lot. Also, it would cause undue hardship to move the entrance.
Granting this variance would not be adverse to public safety and is
within the spirit of the code nor contrary to the character of the
neighborhood. Mr. Herda seconded. Upon roll call vote, motion
was approved 6 to 1, Mr. Schepp voted nay.
APPEAL #6-97 Mr. Schepp made a motion to approve the 936 square
foot garage due to the fact it is in accordance with the zoning and
approve the request not to install the firewall due to the fact
this proposed to be removed from the code and it would hinder
access within the structure. Mr. Schepp denied the variance for
the location; there were other alternatives in terms of location
or size of the structure, therefore, there was no hardship in
granting said request. Ms. Schuster seconded. Upon roll call
vote, the motion passed unanimously.
ADJOURN: Mr. Brandt made a motion to adjourn. Mr. Schepp
seconded. With no further business to come before this Board, the
meeting adjourned at 9:15 P.M.
Respectfully submitted,
SS�
Susan J. Schroeder
Recording Secretary
AGENDA
CITY OF MUSKEGO
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN pursuant to Wisconsin State Statute 62.23
(7) (e) 6, that a Public Hearing will be held in the Wisconsin
Room at the Muskego City Hall, W182 S8200 Racine Avenue, at 7:00
P.M., Thursday, March 27, 1997, to consider the following
petitions for appeals to the Zoning Ordinance of the City of
Muskego:
1. CALL TO ORDER
2. ROLL CALL
3. STATEMENT OF PUBLIC NOTICE
4. APPROVAL OF MINUTES OF THE FEBRUARY 27, 1997 MEETING
5. OLD BUSINESS
1. Signing of decision letter from the March 27,
1997 meeting.
6. NEW BUSINESS
Appeal # 05-97
Jerome Stens--rup
W198 S10857 Racine Avenue
Muskego, WI 53150
REQUESTING: Under the direction of Section 3.08 (1)
Appeal Provisions, Petitioner seeks two (2) variances:
1. Chapter 17--Zoning Ordinance: Section 5.02 (2) B
Building Location: Setbacks. Said regulation requires
a 40 setback from the road right-of-way. Petitioner
seeks a 15 foot variance to build an addition 25 feet
from the road right--of-way.
2. Chapter 17--Zoning Ordinance: Section 4.06 (2) A.1
Legal Nonconformity: Classification and Regulation. No
such structure may be expanded or enlarged except in
conformity with the regulations of the district in which
it is located. Petitioner seeks to construct a 7 foot
covered walkway within the setback area of the property.
Zoned: RS-2/OLR, Suburban Residence District with a
Lake Recreation Overlay.
BOA 03/27/97
Page 2
Appeal # 06-97
Andy and Lynn Mack
S66 W15271 Woodland Place
Muskego, WI 53150
REQUESTING: Under the direction of Section 3.08 (1)
Appeal Provisions, Petitioner seeks three (3) variances:
1. Chapter 17--Zoning Ordinance: Section 5.02 (2) B
Building Location: Setbacks. Said regulation requires
a 40 setback from the road right-of-way. Petitioner
seeks a 2 foot variance to build an accessory structure
38 feet from the road right-of-way.
2. Chapter 17--Zoning Ordinance: Section 4.05 (2) C.4
Accessory Structures: Permanent Structures. Said
regulation restricts the square footage of total
outbuildings to 60% of the floor area of the principal
building on the lot. Petitioner seeks a 20% variance to
a build an accessory structure totaling 80% of the floor
area of the principal building on the lot.
3. Chapter 30--Building Code: Chapter XI, Section 30.43
(3) (c) Garages: General Requirements. Said regulation
restricts the interior area of a wood framed accessory
structure to 720 square feet. Petitioner seeks a 216
square foot variance to permit a 936 square foot
accessory structure without a dividing firewall.
Zoned: RS-1, Suburban Residence District
Appeal # 07-97
Anne and Micheal Recknagel
W190 57096 Wentland Drive
Muskego, WI 53150
REQUESTING: Under the direction of Section 3.08 (1)
Appeal Provisions, Petitioner seeks two (2) variances:
1. Chapter 17--Zoning Ordinance: Section 5.02 (3) A.1
Building Location : Offsets. Said regulation requires
a 7.5 foot offset from the northern property line.
Petitioner seeks a 4.6 foot variance to build an
addition to the rear of the home 2.9 feet from the
northern property line.
2. Chapter 17--Zoning Ordinance: Section 4.06 (2) A.1
Legal Nonconformity: Classification and Regulation. No
such structure may be expanded or enlarged except in
conformity with the regulations of the district in which
it is located. Petitioner seeks to construct an
addition 2.9 feet from the northern property line.
Zoned: RS-3/OLS, Suburban Residence District with a
Lake Shore Overlay.
BOA 03/27/97
Page 3
7. Miscellaneous Business.
None
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
Terry O'Neil, Chairman
Dated this 14th day of March, 1997
PLEASE NOTE: 7t 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 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.
CITY OF MUSKEGO
BOARD OF APPEALS
Application for Variance
Applicants NamesAl
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Subject Property
Address:
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Telephone
Property Zoning
Key #
Petitioner's relationship to property (circle applicable):
owner lessee other
Fees: $195.00
Date inspector denied permit:
Requesting variance to Section
To allow:
A literal enforcement of the terms of the above -referenced section
would result in practical difficulty and unnecessary hardship
because:
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The variance, if granted, will not be contrary to the public
.interest and will be in accord with the spirit of the code because:
The variance, if granted, will not adversely affect public safety
or jeopardize public welfare because:
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