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Zoning Board of Appeals 06-1999CITY OF DEPARTMENT OF CITY PLANNING Brian D. Turk F Md Director of Planning f: z (414) 679-4136 June 25, 1999 Mr. David Conley S70 W 18899 Gold Drive Muskego, W153150 RE: Board of Appeals Dear Mr. Conley: The Board of Appeals wishes to advise that your appeal from Chapter 17, Section 5.02(3) Building Location has been approve as requested. Please be advised building and zoning permits are required prior to commencing with building on your site. Should you have any questions, please contact the Planning Department at 6794136. Sincerely, Susan J. Schroeder Recording Secretary W182 S8200 Racine Avenue • Box 749 • Muskego, Wisconsin 53150-0749 • Fax (414) 679-5614 Appeal #06-99 Petitioner: David Conley Residence: S70 W 18899 Gold Drive Muskego, WI 53150 Location of Appeal: S70 W18899 Gold Drive REQUESTING: Under the direction of Chapter 17 Zoning Ordinance: Section 17:3.08(1) Appeal Provisions, Petitioner seeks the one (1) following variance: Chapter 17--Zoning Ordinance: Section 5.02(3) Building Location: No structure shall be erected, structurally altered or relocated on a lot except within conformity with the district it is located. Petitioner seeks a 3.35 foot variance to erect a principal structure (a single family residence) with a 0 foot offset from the west property line. The Ordinance requires a 3.35 foot side yard offset per Section 17:5.02(3)A.1. Zoned: RS-310LS, Suburban Residence District with Lake Shore Overlay as modified by Section 17:5.02(3)A.1. DECISION OF THE BOARD OF APPEALS on to approve as 1 G Chairman Schepp C V Vice Chairman ikez Conley Approved Approved Member O'Neil / &AvYl(�7 Approved Member Brandt Approved Member Wiken (1st Alt.) Member (2nd Alt.) BOARD OF APPEALS APPROVED CITY OF MUSKEGO June 24, 1999 PRESENT: Chairman Dan Schepp, Henry Schneiker, Mike Brandt, Chris Wiken, Terry O'Neil and Assistant Plan Director Dustin Wolff. STATEMENT OF PUBLIC NOTICE: Secretary reported notice was given June 10, 1999, in accordance with the Open Meeting Laws. APPROVAL OF MINUTES OF THE MAY 27, 1999 MEETING: Chris Wiken made a motion to approve the May 27, 1999, minutes as presented. Mike Brandt seconded. Upon voice vote, motion carried. OLD BUSINESS: Signing of decision letters for April 22, 1999 and May 27, 1999 meetings. NEW BUSINESS: Appeal #05-99*REMOVED BY PETITIONER'S REQUEST* Appeal #06-99, Petitioner: David Conley, S70 W 18899 Gold Drive, Muskego, Wl. Location of Appeal: S70 W 18899 Gold Drive. Tax Key No. 2180.943 REQUESTING: Under the direction of Chapter 17 ZoninQ Ordinance: Section 17:3.08(1) Appeal Provisions, Petitioner seeks the one (1) following variance: Chapter 17-- Zoning Ordinance: Section 5.02(3) Building Location: No structure shall be erected, structurally altered or relocated on a lot except within conformity with the district it is located. Petitioner seeks a 3.35 foot variance to erect a principal structure (a single family residence) with a 0 foot offset from the west property line. The Ordinance requires a 3.35 foot side yard offset per Section 17:5.02(3)A.1. Zoned: RS-3/OLS, Suburban Residence District with Lake Shore Overlay as modified by Section 17:5.02(3)A.1. Henry Schneiker administered an oath to David Conley and Mr. Bernard Egofske of S70 W18911 Gold Drive. Mr. Conley stated he is proposing to construct a second floor (18' x 20') over an area that currently has a flat roof. This addition would allow him to open the downstairs, add a stairways that would be safer to use and a second bathroom upstairs. Mr. Conley presented the hardship as 1. pre -existing location of the house on the neighbor's lot at the north-west corner by 4" 2. Unique property limitations in both size and width and 3. Constructed prior to the current zoning ordinances. If granted this variance it would not block anyone's view and would not constitute a safety hazard. Dustin Wolff stated that City staff has reviewed the petitioner's request and found it to be similar to previously approved requests by the Board. The unique circumstance of the structure having been constructed over the property line inhibits the property owners ability to utilize the property to its fullest potential. Mr. Wolff also stated that if a variance were granted it would reduce the nonconforming status of the structure. DELIBERATION: Terry O'Neil made a motion to approve variance as submitted, hardship as identified by appellant. Mike Brandt seconded. Upon roll call vote, motion carried 5-0. ADJOURN: With no further business to come before this Board, Terry O'Neil made a motion to adjourn at 7:30 P.M. Henry Schneiker seconded. Upon voice vote, meeting was adjourned. Respectfully submitted, Susan J. Schroeder Recording Secretary "AMENDED" BOARD OF APPEALS AGENDA CITY OF MUSKEGO NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN pursuant to Wisconsin State Statute 6223 (7) (e) 6, that a Public Hearing will be held in the Muskego Room at the Muskego City Hall, W 182 S8200 Racine Avenue, at 7:00 P.M., Thursday, .Tune 24, 1999, 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 MAY 27, 1999 MEETING. 5. OLD BUSINESS • Signing of decision letters for the May 27, 1999 meeting. 6. NEW BUSINESS Appeal #05-99 *REMOVED BY PETITIONER'S REQUEST" Appeal #06-99 Petitioner: David Conley Residence: S70 W18899 Gold Drive Muskego, Wl 53150 Location of Appeal: S70 W 18899 Gold Drive Tax Key No. 2180.943 REQUESTING: Under the direction of Chapter 17 Zoning Ordinance: Section 17:3.08(1) Appeal Provisions, Petitioner seeks the two (2) following variances: 1. Chapter 17--Zoning Ordinance: Section 5.02(3) Building Location: No structure shall be erected, structurally altered or relocated on a lot except within conformity with the district it is located. Petitioner seeks a 3.35 foot variance to erect a principal structure (a single family residence) with a 0 foot offset from the west property line. The Ordinance requires a 3.35 foot side vard offset per Section 17:5.02(3)A.1. ,Zoned: RS-3/OLS, Suburban Residence District with Lake Shore Overlay as modified by Section IT5.02(3)AA. 7. MISCELLANEOUS BUSINESS. None BOA 6/24199 Page 2 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 Dan Schepp, Chairman Dated this 10`h day of June, 1999 NOTICE 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 0BODY SPECIFICALLY REFERRED TO ABOVE IN THIS NOTICE. NOTICE "Please note that, 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 Marenda at City Hall, W 182 S8200 Racine Avenue, (414) 679-5625." CITY OF MUSKEGO BOARD OF APPEALS Application for Variance Applicant's Name J)a I/ I 11►N Q 1999 Subject Property Address %� f � � 9 c-- Telephone — e�q S goo Property Zoning: 3 O le-S Tax Key # 2-/6fo • 9zl,? Petitioner's relationship to property (circle applicable): lessee other caner Fee: $197.00 Date inspector denied permit: e - I,-1 I Requesting variance to Section.-'-, 02, W A . I ais-dOb 'z To allow: _ e:± Ig,4 4e Z&,o S�TrC�4�r�4 rh -f� A literal enforcement of the terms of the above -referenced section would result in practical difficulty and unnecessary hardship because: 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: J % d sf tlSNOOSIM 'VSOA.tlMnvM i3Atl li1FJON 1S3M L6S ll mNOO*maw m - � r»w�3�.@� . �&\ _LAI __ -kkkk�� !! |�! & �2\2)\! , k�§��j�� 2-lf2�.■ _ Igz- W \ / . �. ., -L �f3t4l r��I;dLL� Revi91O115 T r 11501 WEST NORTH AVENUE C.—/ WAUWATOSA, WISCONSIN 53225 PHONE', (414) 2%0300 COMPANY, INC FAX: (414) 259-9088 sOw sl'a• -._-, .. _ ° q'" j 531Sp Ja° C.7Z5 * WAUWATOSA, WISCONSIN 53226 4{ C m r �3 � � f�m•I D nib 0 ��1 (� 3 x: ,t. 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