Zoning Board of Appeals- - Minutes 03/14/2001ZONING BOARD OF APPEALS MINUTES
CITY OF MUSKEGO
March 14, 2002
Meeting was called to order at 7:08 P.M.
APPROVED
PRESENT: Barbara Blumenfield, David Conley, Terry O'Neil, Chairman Dan Schepp, Henry Schneiker and
Assistant Plan Director Dustin Wolff.
ABSENT: Mike Brandt, Horst Schmidt
STATEMENT OF PUBLIC NOTICE: The Secretary stated the meeting was noticed on February 22, 2002 in
accordance with Open meeting Laws.
Those present recited the Pledge of Allegiance.
NEW BUSINESS: Review and clarification of Appeal #06-2001 decision made by the Board at the September 27,
2001 meeting for the Knudsen property located at S73 W 17650 Janesville Road 1 Tax Key No. 2198.984.005.
Chairman Schepp noted that at this time the Board cannot take any new testimony or take any new information.
Mr. and Mrs. Richard Knudsen appeared before the Board to ask for clarification to the Findings of Fact letter from
the September 27, 2002 meeting. Mr. Knudsen requested the last sentence of the Findings of Facts letter that
reads, "The Board of Appeals added that all Building Site and Operation Plans must still comply with all current
zoning codes, building codes, and engineering requirements", be removed. Mr. Knudsen explained to the Board
that he felt he would have a better case on a DNR issue if the last sentence were not in the Findings of Facts letter.
Dr. Blumenfield explained that the DNR would make their own decision based on their restrictions, codes, policies,
and rules.
Assistant Plan Director Wolff stated the Board of Appeals overturned staff's administrative decision that Mr.
Knudsen must appear before the Plan Commission for approval. The Board of Appeals determined that only BSO
Plan applications filed after 8-20-98 must comply with Section 17:6.12. Chairman Schepp explained to Mr.
Knudsen that he would still have to follow the City's Codes. He further explained that if Mr. Knudsen seeks an
exception to the setback requirements he would have to appear before the Board as a new agenda item for a
dimensional variance.
Chairman Schepp read the attorney's opinion aloud and feels that part of the decision making process involved the
last sentence of the Findings of Facts letter and should be left in. He stated the Fact of Findings letter is part of
public record and has been filed as such.
Mr. Conley stated there is no compelling reason to remove the statement, and Mr. Knudsen's request does not ask
for changing the wording of the document. This item was not brought back for reconsideration. Mr. Wolff added
that he would need to get the advice of an attorney to see if it is possible to bring the item back for reconsideration.
Chairman Schepp stated he may have to appeal the Board's decision to the Waukesha County Circuit Court,
Chairman Schepp stated the Board is satisfied with the Fact of Findings letter and has reviewed and clarified this
item to the best of its ability for Mr. Knudsen. The language of the Fact of Findings letter will remain as it was
originally written.
Amendment to the Board of Appeals policies and procedures - Assistant Plan Director Wolff noted revisions to
the Board of Appeals policies and procedures document. Dr. Blumenfield requested the reference to "he" be
replaced with "he/she". Mr. Wolff explained that based upon the Mayor and Clerk's office the gender default is "he".
Mr. Wolff added that he would go over the document and when appropriate will replace "he" with gender -neutral
language without inserting "he/she." Dr. Blumenfield moved to approve Board of Appeals policies and procedures
with recommendations concerning gender neutrality. Seconded by Mr. Conely. Upon voice vote, motion carried.
Mr. Wolff will e-mail revised document to members of the Board.
APPROVAL OF THE MINUTES: Dr. Blumenfield moved to approve the minutes from December 6, 2001 as
submitted. Seconded by Mr. O'Neil. Upon voice vote, motion carried.
BOA Minutes
3114/01
Page 2
MISCELLANEOUS: None
ADJOURNMENT: With no further business to come before this board, Mr. Conley moved to adjourn. Dr.
Blumenfield seconded. Upon voice vote, meeting adjourned at 8:50 P.M.
Respectfully Submitted,
Kellie Renk
Recording Secretary
ZONING BOARD OF APPEALS 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 Muskego Room at the Muskego City Hall, W182 S8200 Racine Avenue, at 7:00 P M .
Thursday, March 14, 2002, to consider the following petitions for appeals to the Zoning Ordinance of the
City of Muskego:
CALL TO ORDER
PLEDAGE OF ALLEGIANCE
ROLL CALL
STATEMENT OF PUBLIC NOTICE
OLD BUSINESS
None
NEW BUSINESS
1. Review and clarification of Appeal # 06-2001 decision made by the Board at the September 27, 2001
meeting for the Knudsen property located at S73 W17650 Janesville Road 1 Tax Key No.
2198.984.005
2. Amendment to the Board of Appeals policies and procedures
APPROVAL OF THE MINUTES FROM THE AND DECEMBER 6, 2001 MEETING.
MISCELLANEOUS BUSINESS
ADJOUN
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
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 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, Clerk -Treasurer at Muskego City Hall, 262-679-5625
Board of Appeals
City of Muskego
CITY OF
MUSKEGO
February 20, 2002
Richard Knudsen
W198 S7380 Hillendale Drive
Muskego, WI 53150
RE: Clarification of Appeal #06-2001
S73 W17650 Janesville Road / Tax Key No. 2198.984.005
Dear Mr. Knudsen:
DEPARTMENT OF CITY PLANNING
Brian D. Turk
Director of Planning
(262) 679-4136
As you are fully aware, a Board of Appeals meeting was to be scheduled as soon as practical to allow for the
Board members to provide a clarification of their September 27, 2001 decision in Appeal #06-2001.
It was not possible for all the Board members present at the September 27th meeting to be present at a meeting in
February. As such, a meeting has been scheduled for Thursday, March 14th, 2002 at 7:00 PM. A draft meeting
agenda is attached.
My apologies for any inconveniences this may have presented. Should you have any questions, please contact
the Planning Department at (262) 679-4136.
Sincerely,
CITYF �SKEGO
Dustin J.
Assistant an Direc
Cc: Mayor DeAngelis
Alderman Wichgers
Brian Turk, Plan Director
Building File
W182 S8200 Racine Avenue • Box 749 • Muskego, Wisconsin 53150-0749 • Fax (262) 679-5614
CITY OF
MUSKEGO
January 3, 2002
Mr. Richard Knudsen
W 198 S7380 Hiilendale Drive
Muskego, Wisconsin 53150
Re: Zoning Board of Appeals
Dear Mr. Knudsen:
DEPARTMENT OF CITY PLANNING
Brian D. Turk
Director of Planning
(262) 679-4136
It has come to the attention of the Planning Department that you were not provided with
the original Findings of Fact letter from the Board Chairman. Please find the referenced
letter enclosed. A copy has been filed with the Building Department.
If you have any further questions please do not hesitate contact the Planning
Department at (262) 6794136.
Sincerely,
CITY OF MUSKEGO
Dustin J. of
Assista Ian Director
Cc: Building File Ll'oB: 7dl. ov,S
S73 y/Ti fV .rEx v is s.� eo
W182 S8200 Racine Avenue • Box 749 • Muskego, Wisconsin 53150-0749 • Fax (262) 679-5614
CITY OF DEPARTMENT OF CITY PLANNING
Brian D. Turk
MUSKEGO Director of Planning
(262) 679-4136
BOARD OF APPEALS
FINDINGS OF FACTS
An administrative appeal is hereby granted to Richard Knudsen by the Board of Appeals of the
City of Muskego, determining that the Building Site and Operation Plan approved by the Plan
Commission on May 17, 1988 in Resolution #PC 88-88 at S73 W 17650 Janesville Road 1 Tax Key
No. 2198.984.005.
The Board of Appeals moved to overturn Staffs administrative decision to the interpretation due
to the last sentence in Section 17:6.12, stating only Building Site and Operation Plan applications
filed with the Plan Commission after August 20, 1998 must comply with Section 17:6.12. The
Board of Appeals added that all Building Site and Operation Plans must still comply with all
current zoning codes, building codes, and engineering requirements.
Dated this 101" day of October, 2001.
Signed •l
an Schepp
Chairman, Zoning Board of Appeals
Signed";?,- � �A � �
Dusti olff
Assik4nt Plan Di r
W182 S8200 Racine Avenue - Box 749 - Muskego, Wisconsin 53150-0749 - Fax (262) 679-5614
ZONING BOARD OF APPEALS 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 Muskego Room at the Muskego City Hall, W 182 S8200 Racine Avenue, at 7:00 P.M.,
Thursday, September 27, 2001, 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. OLD BUSINESS
None
5. NEW BUSINESS
APPEAL #06-2001
Petitioner: Richard Knudsen
Residence: W 198 S7380 Hillendale Drive
Location of Appeal: S73 W 17650 Janesville Road / Tax Key No. 2198.984.005
REQUESTING: Under the direction of Chapter 17 Zoning Ordinance: Section 3.08(1) Appeal
Provisions, Petitioner seeks the following administrative appeal:
6.12 TIME RESTRICTIONS FOR PLAN COMMISSION APPROVALS
Plan commission approvals granted for building, site and operation plans, signs, second garage
structures, temporary structures and sketch land divisions in which the petitioner has not commenced
construction activity or preparation of the land, or has not submitted a Certified Survey Map or
Preliminary Plat within the past 24 months of the date of approval, said approval will expire and
reapplication will be required. A reapplication shall be limited solely to reasonable compliance with
current design, locational, and operational requirements. A reapplication shall not involve the basic
permissibility of the use where such use is permitted by right at the time of reapplication. The Plan
Commission may grant one six month extension if requested 30 days prior to the pending expiration
date provided that the applicant demonstrates a valid cause. This section shall be in force and effect
for all applications filed after the date of adoption and publication of Ord. #966. (Ord. #966 — 08-20-
98)
6. APPROVAL OF THE MINUTES FROM THE AND AUGUST 23, 2001 MEETING.
7. MISCELLANEOUS BUSINESS.
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
ZBA 9/27/2001
Page 2
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.
ZONING BOARD OF APPEALS MINUTES
CITY OF MUSKEGO
SEPTMEBER 27, 2001
ATTENDANCE: Chairman Dan Schepp, Terry O'Neil, David Conley, Horst Schmidt and Assistant Plan
Director Dustin Wolff.
ABSENT: Henry Schneiker, Barbara Blumenfield, and Mike Brandt
STATEMENT OF PUBLIC NOTICE: Meeting was noticed in accordance with the Open Meeting Laws.
OLD BUSINESS: None
NEW BUSINESS: APPEAL #06-2001, Petitioner: Richard Knudsen
Residence: W198 S7380 Hillendale Drive Location of Appeal: S73 W17650 Janesville Road 1 Tax Key
No. 2198.984.005 REQUESTING: Under the direction of Chapter 17 Zoning Ordinance: Section 3.08(1)
Appeal Provisions, Petitioner seeks to appeal an administrative decision made by Staff regarding the
following Code Section:
6.12 TIME RESTRICTIONS FOR PLAN COMMISSION APPROVALS Plan
commission approvals granted for building, site and operation plans, signs, second
garage structures, temporary structures and sketch land divisions in which the
petitioner has not commenced construction activity or preparation of the land, or has
not submitted a Certified Survey Map or Preliminary P#at within the past 24 months of
the date of approval, said approval will expire and reapplication will be required. A
reapplication shall be limited solely to reasonable compliance with current design,
locational, and operational requirements. A reapplication shall not involve the basic
permissibility of the use where such use is permitted by right at the time of
reapplication. The Plan Commission may grant one six-month extension if requested
30 days prior to the pending expiration date provided that the applicant demonstrates
a valid cause. This section shall be in force and effect for all applications filed after
the date of adoption and publication of Ord. #966. (Ord. #966 — 08-20-98)
Mr. O'Neil administered the oath to Richard Knudsen and Attorney Tom Kreul. Mr. Knudsen gave a brief
explanation to the Board members of what took place in 1988. His original project was to divide property
owned by Larry Thompson (Dairy Queen). Mr. Knudsen then presented the Plan Commission with a
Certified Survey Map and a business site and operation plan. He intended to construct a 20' x 90'
building with two units and an option to add two additional units at a later date. Mr. Knudsen presented
Resolution #P.C. 87-88 Approval of Certified Survey Map Knudsen — NW `/4 Section 10 and (Amended)
Resolution #P.C. 88-88 Approval of Building, Site and Operation Plan Knudsen — Janesville Road. Upon
receiving these two approvals, he purchased the property from Larry Thompson,
Chairman Schepp asked what steps were taken at that time to develop this property? Mr. Knudsen
stated he had assembled bids and had soil borings done. Mr. O'Neil asked if there was a time limit
given? Prior Plan Director Matt Sadowski had informed Mr. Knudsen that there were new fire codes to
deal with. Mr. Phil Dibb of the Fire Department stated in November of 1997 that if there was going to be a
basement a sprinkler system would be required. Mr. Knudsen stated that there was no mention of a time
restriction at that time from the Plan Department.
Attorney Tom Kreul spoke regarding Ordinance #966. Attorney Kreul feels that Mr. Knudsen's plan
predates this ordinance. The first Mr. Knudsen was informed of a problem was July 2001 and at that time
he was informed of the permit application's deficiencies in writing Attorney Kreul stated he was not
aware of any project being given a time limit.
Mr. Schmidt asked Mr. Knudsen how much money he has invested in this project. Mr. Knudsen replied
ZBA 9/27/2001
Page 2
he has $10,000 invested and if unable to proceed with application his investment is lost.
Mr. Conley asked for the date of the soil borings. Mr. Knudsen replied Giles Engineering did them on
June 6, 1988.
Assistant Plan Director Dustin Wolff presented the City's opinion regarding Section 17: 6.12 of the
Municipal Code. The Code Section plainly states "Plan Commission approvals ...in which the petitioner
has not commenced construction activity or preparation of land, a Certified Survey Maps or Preliminary
Plat with the past 24 months of the date of approval, said approval will expire and reapplication will be
required." Mr. Knudsen's plan has not moved forward in 13 years, and no effort has been made to
construct a building on this site. Mr. Wolff stated that when the City enacts an ordinance it requires a
Class 2 notice per State Statute and as such, individuals are not noticed. This ordinance in question was
adopted over a year after Mr. Knudsen's conversation with Mr. Sadowski and Mr. Dibb.
Mr. Wolff informed the Board members that their role is to decide if the Plan Department has interpreted
Section 17:6.12 properly. Mr. Knudsen is of the opinion that because approval predates Section 17:6.12,
it does not apply to him. Staff contends it was the intent of the Plan Commission and Common Council to
"sunset" all previous approvals where permits have not be applied for or a good -faith effort has not be
made to begin construction. By instituting a time limit for approvals, the City can ensure that development
meets with current Codes and aesthetic requirements. The City has many properties that have received
BSO approvals prior to this date and the ramifications could be great if Board of Appeals decides that
Staffs interpretation should be overturned. The Plan Department, in the future, will have no choice but to
approve all plans received with prior Plan Commission approval.
Chairman Schepp questioned how many properties were are talking about. Mr. Wolff stated there were
as many as 5 within the last two and one-half years he has been here, which could project to 20 or more
in the past decade.
Mr. Schmidt questioned why there was no sunset clauses placed within approvals prior to 1998 by Plan
Commission or Council. Mr. Wolff stated that Plan Department interpretation is that Section 17:6.12
addresses all previous approvals by noting construction activity must occur within 24 months.
Mr. Conley questioned the current zoning of this site. Mr. Wolff stated the zoning has not changed, is it
B-4IOPD.
Mr. Schmidt questioned if the Board of Appeals uphold the Plan Department's interpretation would Mr.
Knudsen receive approval? Mr. Wolff said he would not receive approval as proposed, but that is not to
say a structure could not be built at that site.
Mr. O'Neil questioned the DNR requirements and the 100 Year Flood Plain. Mr. Wolff stated those items
are engineering questions not addressed by the Plan Department. The Plan Department typically is
concerned with the footprint and setbacks; bulk requirements. The setback required from the ordinary
high water mark in 1988 is the same as was required in 1964. The only hurdle foreseeable is compliance
with the Storm Water Management ordinance adopted in 1999.
Mr. O'Neil questioned if petitioner resubmitted the plan to Plan Commission would it be re -approved. Mr.
Wolff replied no, there are outstanding issues with setbacks and storm water.
Mr. O'Neil questioned if the Engineer approved this 1988 plan? Mr. Wolff stated the documentation on
file does not indicate the plans got to that point.
Mr. Knudsen rebutted that in 1988 Ruekert and Mielke was the City's engineering consultants and prior to
Plan Commission approval that it was reviewed for 100-year flood plain. The only approval it did not
receive was State Building Approval and only because it was not submitted to the State. Mr. Knudsen
said he paid for Ruekert & Mielke review. They also approved of ingress and egress.
ZRA 9/27/2001
Page 3
Attorney Tom Kreul stated the last sentence in Section 17:6.12 should be looked at is ..."This section
shall be in force and effect for all applications filed after the date of adoption and publication of Ordinance
#966. (Ord. #966 8-20-98)." Mr. Knudsen's approvals were prior to that date and his approvals should
stand. It is his client's understanding the plans must be to code and that can be taken care of.
Mr. Schepp called for a five minutes recess at 8:25 P.M
DELIBERATION:
Mr. Schmidt stated the two issues here are the fact that construction has not commenced and the
interpretation of the last sentence of Section17: 6.12. Mr O'Neil stated that if the administrative decision
made by staff were overturned, the site would still need to comply with all current zoning codes, building
codes, and engineering requirements. Terry O'Neil moved to overrule the administrative interpretation
made by staff based on Section 17:6.12 not applying to predated approvals. Discussion ensued. Mr.
O'Neil rescinded his own motion.
Mr. O'Neil moved to overturn Staff's administrative decision to the interpretation due to the last sentence
in Section 17:6.12, only BSO Plan applications filed after 8-20-98 must comply with Section 17:6.12. Mr.
Conley seconded. Upon roll call vote, motion carried unanimously.
APPROVAL OF THE MINUTES: Horst Schmidt moved to approve the minutes from August 23, 2001
meeting. Terry O'Neil seconded. Upon voice vote, motion carried.
ADJOURNMENT: With no further business to come before this board, Horst Schmidt moved to adjourn
at 9:10 P.M. Terry O'Neil seconded. Upon voice vote. meeting was adjourned.
Respectfully submitted,
Susan J. Schroeder
Recording Secretary
City of Muskego
Board of Appeals Supplement 06-2001
For the meeting of.- September 27, 2001
REQUESTING: Under the direction of Chapter 17 Zoning Ordinance: Section 3.08(1)
Appeal Provisions, Petitioner seeks the following administrative appeal:
6.12 TIME RESTRICTIONS FOR PLAN COMMISSION APPROVALS
Plan commission approvals granted for building, site and operation plans, signs,
second garage structures, temporary structures and sketch land divisions in which the
petitioner has not commenced construction activity or preparation of the land, or has
not submitted a Certified Survey Map or Preliminary Plat within the past 24 months of
the date of approval, said approval will expire and reapplication will be required. A
reapplication shall be limited solely to reasonable compliance with current design,
locational, and operational requirements. A reapplication shall not involve the basic
permissibility of the use where such use is permitted by right at the time of
reapplication. The Plan Commission may grant one six-month extension if requested
30 days prior to the pending expiration date provided that the applicant demonstrates
a valid cause. This section shall be in force and effect for all applications filed after
the date of adoption and publication of Ord, #966. (Ord. #966 — 08-20-98)
LOCATION: S73 W17650 Janesville Road 1 Tax Key No. 2198.984.005
NW '/4 Section 10
PETITIONER: Richard Knudsen
PREPARED BY: Dustin Wolff
BACKGROUND
The property is zoned B-4/OPD, Highway Business District as modified by the Planned Development
Overlay. An approval for a Building Site and Operation Plan was granted by the Plan Commission on
May 17, 1988 in Resolution #PC 88-88 (See attached).
In August 1998 the Common Council adopted the Code Section listed above (17:6.12), establishing a
time restriction for Building Site and Operation (BSO) Plan approvals by the Plan Commission. Said
approvals are limited to two (2) years.
A permit application for the structure was submitted on July 26, 2001 to the Building and Engineering
Department (See attached). The Director of Planning denied the permit on August 6, 2001 citing that
the Building Permit application had been filed after the effective date of Section 17:6.12 above. As
such, the Code Section adopted in August 1998 applies.
DISCUSSION
Section 17:6.12 states that Pian Commission approvals for BSO Plan where construction related
activity has not commenced expire after twenty-four month. As Plan Commission approval occurred
in May of 1988 and a building permit application was not submitted to the Building Department until
late -July of 2001, and no construction activity had begun, the initial approval is rescinded. Per the
Code, the petitioner must re -apply for BSO Plan approval from the Plan Commission,
STAFF RECOMMENDATION
Denial of Administrative Appeal 06-2001.
(AMENDED)
RESOLUTION #P.C. 88-88
APPROVAL OF BUILDING, SITE & OPERATION PLAN
KNUDSEN - JANESVILLE ROAD
,,WHEREAS, It is proposed to construct a 9,120 square foot
building on a lot with 33,105 square feet, and the first phase
shall be no less than 40'wide and located in the center of the
lot, and
WHEREAS, One third of this lot is covered with water, and
WHEREAS, There are 11 parking spaces to the front of the
building, and
WHEREAS, Dairy Queen has 30 parking spaces, and
WHEREAS, It is proposed to share parking with the Dairy
Queen, and the parking area will be adequate for the development,
and
WHEREAS, The site plan shows no apparent landscaping, and
WHEREAS, The building appears architecturally compatible
with the Dairy Queen.
THEREFORE BE IT RESOLVED, That the Plan Commission approve
the proposed professional building on this newly created .76 acre
lot subject to the following provisions: 1) That the dumpster
will be shared with Dairy Queen or if a dumpster is installed it
will be located on either the west side or east side of the
building and will be screened; 2) Any mechanical units protruding
above the roof line shall be screened from view; 3) No outside
storage will he allowed; 4) Eight shrubs will he placed at major
supporting posts as indicated on site plan; 5) Within three years
after completion of phase 1 the block walls will be painted if no
further phases are added.
y
Adopted
Defeated
Deferred
--1
Is
(Amended 5/17/88)
Plan Commission
Citv of Muskego
CITY OF
MUSKEGO
October 12, 2001
Mr. Richard Knudsen
W198 S7380 Hillendale Drive
Muskego, WI 53150
DEPARTMENT OF CITY PLANNING
Brian D. Turk
Director of Planning
(262) 679-4136
Re: Building Permit # 01-1298
S73 W 17650 Janesville Road (Tax Key No. 2198.984.005)
Dear Mr. Knudsen:
As you are aware, the Board of Appeals overturned the determination made by the Planning Department
Staff regarding the above referenced permit for a commercial structure submitted on July 26, 2001 to the
Building and Engineering Department.
The Board of Appeals decision stated that only Building Site and Operation Plan applications filed with the
Plan Commission after August 20, 1998 must comply with Section 17:6.12. The Board added that all
Building Site and Operation Plans must still comply with all current zoning codes, building codes, and
engineering requirements. Permit #01-1298 is currently under review by the Planning and the Building
and Engineering Departments for compliance with current municipal codes.
Thank you for your cooperation. If you have any further questions, please do not hesitate to contact the
Planning Department at (262) 679-4136.
Sincerely,
CITY MUSKEGO
Dustin olff
Assist Plan D or
Cc: Mayor DeAngelis
Alderman Salentine
Brian Turk, Plan Director
Sean McMullen, Director of Bldg. And Eng.
Building File
W182 S8200 Racine Avenue • Box 749 • Muskego, Wisconsin 53150-0749 • Fax (262) 679-5614
CITY OF
MUSKEGO
jl@
August 21, 2001
Mr. Richard Knudsen
W 198 S7830 Hillendale Drive
Muskego, WI 53150
DEPARTMENT OF CITY PLANNING
Brian D. Turk
Director of Planning
(262) 679-4136
Re: Building Permit # 01-1298
S73 W 17650 Janesville Road (Tax Key No. 2198.984.005)
Dear Mr. Knudsen:
The above referenced permit for a commercial structure was submitted on July 26, 2001 to the
Building and Engineering Department. Per Section 17:6.12, the time restriction for Building Site
and Operation Plan approval is limited to two (2) years. The permit was denied on August 6, 2001
by the Director of Planning, Brian Turk, as the approval by the Plan Commission had expired on
August 20, 1998.
This permit was also denied by the Building and Engineering Director due to the following
identified plan deficiencies:
• The proposed building is located within 50 feet of the ordinary high-water mark. D.N.R
standards will not allow any new building or any expansion of a building with this area.
■ The proposed plans do not have any storm water management facilities except for the storm
sewer running directly to the pond. The plans must show the proposed storm water
management facilities including the computations prior to a permit being issued.
• A grading and drainage plans must be submitted for review to ensure that filling operations
are not encroaching into the 100yr. Flood plain of the ponds.
■ The proposed plans seem to indicate that filling operations will exceed 10,000 square feet. If
this is the case, then a D.N.R and ACOE 404 permit must be obtained prior to any filling
operations being undertaken.
■ The applicant must also (provide engineering computations verifying that the proposed
development will not increase the 100 y.r. Flood Plain elevation by greater than .01 feet in
accordance with NR116.
It is my understanding that you had wished to appeal Mr. Turk's interpretation of the Zoning Code,
and were to petition to appeal on the August 23, 2001 Zoning Board of Appeals agenda. Mr. Turk
informed you that the deadline for submittal would be extended, as a courtesy, for one week (until
August 10, 2001). Attempts by myself, and Board of Appeals Recording Secretary, Sue
Schroeder, to contact you on via telephone were unsuccessful.
As of this date, your appeal has not been filed, and does not appear on the August agenda.
This letter is to inform you that, per Section 27.09 of the Municipal Code, the request for an
Administrative Appeal must be made within 30 days of the date of the decision. This letter is the
first written confirmation of the August 6tn decision. The date of this letter commences the 30 day
time period for appeal. As such, you must file for an Administrative Appeal by Friday September
21, 2001 or lose all appeal rights.
W182 S8200 Racine Avenue • Box 749 • Muskego, Wisconsin 53150-0749 • Fax (262) 679-5614
Thank you for your cooperation. If you have any further questions, please do not hesitate to contact the
Planning Department at (262) 679-4136.
Sincerely,
CITY OF SKEGO
Dust. Wolff
Assistant Pia irector a
Staff to Boa d of Appeal
Cc: Mayor Deangelis
Alderman Salentine
Brian Turk, Plan Director
'Sean McMullen, Director of Bldg. And Eng.
Building File
l�[ io.
V ti
PERMIT APPLICATION TRANSMITTAL FORM I
FOR OFFICE USE ONLY
PERMIT #:
TAX KEY #:
TYPE OF WORK TO BE PERFORMED:_
CONTACT NAME: C�
COMPANY/FIRM:
DATE RECEIVED BY BLDG. DEPT..
PHONE M
DATE TRANSMITTED FOR ENGINEERING REVIEW:
BY (INITIALS):
INEERING REVIEW
No
O REQUIRED: ❑ NONE Q LISTED [±'SEE ATTACHED PLAT
INFO REQUIRED:
CULVERT REQUIRED
PLAT OF SURVEY REQUIRED
DATE AND TIME CONTACT NOTIFIED:
❑ YES ❑ NO
❑ YES ❑ NO
DATE NEW INFO. RECEIVED: p
DATE SUBMITTED TO PLANNING DEPARTMENT: 0 G O i
BY (INITIALS):
PLANNING REVIEW
ADDITIONAL INFO REQUIRED: ❑ NONE ❑ LISTED ElSEE ATTACHED PLAT
INFO REQUIRED: D(-N) p - 1� �4 MII IS� 60
c-ou 1
'f I mF gq7ltt Cl)S
C I .i1o,
DATE AND TIME CONTACT NOTIFIED: ftfIT-4- 'I` Za' 98
DATE NEW INFO. RECEIVED:
DATE RETURNED TO BUILDING DEPARTMENT: %A L6
BY (INITIALS):
HOLD
VA r
TE
HOLD
RELEASED
DATE
aC�lu
DATE
HOLD
RELEASED
DATE
S:ICITYHALL%Pkanning\FORMSIPermit Transmittal Letter.doc
Created on 5/9/2001 8:17 AM
CITY OF MUSKEGO
BOARD OF APPEALS
Appealing Administrative Decision
Applicant's Name Cw,�,D Y.1,
�q �
SEP 7 2001
IMUSKEGO PLANNING
Petitioner's relationship to property (circle applicable):
owne lessee other
Subject Property Address V(LUEEF 1R(D
Telephone 2 coZ" G-7 j- o o� 4--
Parcel Zoning:
Fee: $200.00
�A -0PC)
t
Tax Key# )&R .RSA,Gos
Appeal Administrative decision regarding:
122
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F lb � 1 � 0
C),J
A060S—,
Code enforcers name: f ;�ZC-rDC2�, 3 '� Qb AJ k-X 0 �K L �►� V 12, Y/
Reason decision regarding section is incorrect or improperly
interpreted: a _ J'E1��1`� !"` 4 ' S l� �► 1''
r h' L u S