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Zoning Board of Appeals- - Minutes 12/5/2002(7 CITY OF DEPARTMENT OF CITY PLANNING Brian D. Turk MDirectorUSKEGO of Planning (262) 679-4136 F ZONING BOARD OF APPEALS FINDINGS OF FACTS A dimensional variance is hereby granted to Mr. Tim Joyce, by the Zoning Board of Appeals of the City of Muskego to permit a 8.79-foot offset variance to Section 17:5.02(1) from the south property line to allow the construction of an addition to the existing detached garage at W203 S10434 North Shore DrivelTax Key No. 2286.990. This decision of the Board is based upon the Appellant having met the specifics of the City Ordinance with respect to granting variances. This approval is conditioned upon the development and implementation of a Management Plan as developed by the City's Conservation Coordinator for the wooded area of the property. Said Management Plan shall be recorded at the Waukesha County Register of Deeds. It was found that the variance preserves the intent of the Municipal Code because there are exceptional circumstances associated with the parcel complying with the Zoning Code and the conservation priorities of the Common Council outlined in the adopted Conservation Plan; that these were exceptional conditions applying that do not generally apply to other properties. More specifically, the granting of the variance provides the property with rights enjoyed by properties in the immediate vicinity, the property rights of other property owners are preserved, and no substantial detriment is caused to an adjacent property. The detached garage is permitted to be located 6.21-feet from the north property line, and the variance granted shall apply only to the addition reviewed and approved by the Board as outlined in Appeal # 06-2002 on December 5, 2002. Dated this 12h day of December 2002. Signed .q z Dan Schepp Chairman, Zoning Board of Appeals Signed W182 S8200 Racine Avenue • Box 749 • Muskego, Wisconsin 53150-0749 • Fax (262) 679-5614 ZONING BOARD OF APPEALS MINUTES CITY OF MUSKEGO DECEMBER 5, 2002 Meeting was called to order at 7:02 P.M. PRESENT: Chairman Dan Schepp, Vice Chairman Schneiker, Dr. Blumenfield, Mr, Horst Schmidt, Mr. Harvey Schweitzer, Mr. Steve Whittow and Assistant Plan Director Dustin Wolff. ABSENT: Mr. Kashian STATEMENT OF PUBLIC NOTICE: The Secretary stated the meeting was noticed on November 22, 2002, in accordance with Open Meeting Laws. NEW BUSINESS: APPEAL #06-2002 Petitioner: Tim Joyce, W203 S10434 North Shore Drive/Tax Key No. 2286.990, REQUESTING: Under the direction of Chapter 17 Zoning Ordinance: Section 3.08(1) Appeal Provisions, Petitioner seeks the following variances: Chapter 17 — Zoning Ordinance: Section 5.02 Building Location (1) Location Restricted: No building shall be hereafter erected, structurally altered or relocated on a lot except in conformity with the following locational regulations as hereinafter specified for the district in which it is located. The property is zoned RS-2, Suburban Residence District. An offset of 15-feet is required from the south property line. The petitioner seeks an offset of 6.21-feet from the south property line to allow the construction of an addition to the existing detached garage, and is therefore requesting a 8.79-foot variance from the south property line. Vice Chairman Schneiker administered the oath to Mr. Joyce, Mr. Kozma, and Mr. Vidmar. Mr. Joyce explained that he is requesting a variance to build an addition on the existing two -car garage for storage purposes. He chose to add on to the existing garage because it would not affect the woodlands on his property. Mr. Joyce stated that if he extended the garage out the back it would be to close to the existing pool. Sean Vidmar of W203 S10412 North Shore Drive stated he was not opposed to the addition and feels it is better to keep storage inside. Kurt Kozma of W203 S10456 North Shore Drive stated he was opposed to the structure. Mr. Kozma feels Mr. Joyce is over the amount of space available for storage. Mr. Kozma also explained Mr. Joyce did not take out a permit for the addition and also destroyed woodlands by putting in a slab for parking. Mr. Joyce stated stone was already along side the garage when he moved in. Mr. Wolff gave the City's opinion. Mr. Wolff stated the City has identified much of the appellant's property to be in the Conservation Plan to have ecological significance worth protecting. Staff supports the variance due to this extraordinary circumstance. The structure is not viewable from the other properties and is not a detriment to neighboring properties. The property owner could put a structure in the middle of the woods and would not need a variance, but is not a goal of the City to destroy woodlands. If this variance would be approved, staff recommends a management plan be developed by the property owner and the Conservation Coordinator to improve the quality of the wooded area. The work was started before obtaining a building permit, and the appellant will be charged triple permit fees. DELIBERATIONS: APPEAL #06-2002 Dr. Blumenfield moved for approval of Appeal 06-2002, granting a 8.79-foot exception from the south lot line to allow the construction of the proposed addition as submitted before the Board on ZBA Minutes 1 21512002 Page 2 December 5. 2002, to the existing detached garage due to the extraordinary circumstance in complying with the Zoning Code and land conservation goals of the City. Mr. Schneiker stated he feels there is no real hardship present. Dr. Blumenfield noted there is an extraordinary circumstance related to this property and feels the property owners showed a willingness to work with the City and the Conservation Plan goals. This approval is conditioned upon the property owner working with the City's Conservation Coordinator to establish a management p#an for the wooded area of the property. Mr. Schneiker seconded. Upon roll call vote Appeal 06-2002 was approved 4-1 with Mr. Schweitzer voting the no. APPROVAL OF THE MINUTES. Mr. Schmidt moved to approve the minutes from August 15, 2002. Seconded by Mr. Schneiker. Upon voice vote, motion carried. MISCELLANEOUS: None ADJOURNMENT: With no further business to came before this board, Mr. Schmidt moved to adjourn. Dr. Blumenfield seconded. Upon voice vote, meeting adjourned at 8:03 PM. Respectfully Submitted, Keliie Renk, Recording Secretary CITY OF MUSKEGO ZONING BOARD OF APPEALS AGENDA December 5, 2002 7:00 PM Muskego City Hall, Muskego Room, W182 S8200 Racine Avenue CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL STATEMENT OF PUBLIC NOTICE 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. OLD BUSINESS 1. None NEW BUSINESS 1. APPEAL #06-2002 Petitioner: Tim Joyce Residence: W203 S10434 North Shore Drive 1 Tax Key No. 2286.990 REQUESTING: Under the direction of Chapter 17 Zoning Ordinance: Section 3.08(1) Appeal Provisions, Petitioner seeks the following variances: Chapter 17—Zoning Ordinance: Section 5.02 Building Location (1) Location Restricted: No building shall be hereafter erected, structurally altered or relocated on a lot except in conformity with the following locational regulations as hereinafter specified for the district in which it is located. The property is zoned RS-2, Suburban Residence District. An offset of 15-feet is required from the south property line. The petitioner seeks an offset of 6.21-feet from the south property line to allow the construction of an addition to the existing detached garage, and is therefore requesting a 8.79-foot variance from the south property line. APPROVAL OF THE MINUTES FROM THE AUGUST 15, 2002 MEETING. MISCELLANEOUS BUSINESS ZBA 1215/2002 Page 2 ADJOURN 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, City of Muskego Zoning Board of Appeals Supplement 06-2002 For the meeting of. December 5, 2002 REQUESTING: Under the direction of Chapter 17 Zoning Ordinance: Section 3.08(1) Appeal Provisions, Petitioner seeks the following variances: Chapter 17—Zoning Ordinance: Section 5.02 Building Location (1) Location Restricted: No building shall be hereafter erected, structurally altered or relocated on a lot except in conformity with the following locational regulations as hereinafter specified for the district in which it is located. APPELLANT: Tim Joyce LOCATION: W203 S10434 North Shore Drive 1 Tax Key No. 2286.990 NW '/4 Section 32 PREPARED BY: Dustin Wolff BACKGROUND The Appellant seeks exceptions the required offset for the district. The property is zoned RS-2, Suburban Residence District. An offset of 15-feet is required from the south property line. The petitioner seeks an offset of 6.21-feet from the south property line to allow the construction of an addition to the existing detached garage, and is therefore requesting an 8.79-foot variance from the south property line. DISCUSSION The Appellant began construction of an addition to the existing detached garage prior to receiving a permit. Upon application for a permit, the Appellant was informed the addition encroaches into a required side offset. The addition is located approximately 320-feet from the North Shore Drive public right-of-way, and approximately 100-feet from the nearest residence in a clearing in the densely wooded lot. Staff finds that an extraordinary circumstance exists which is unique to this property. Much of the Appellant's property has been identified in the City's Conservation Plan as having ecological significance worth protecting. Therefore, a code compliant location would negatively affect the conservation efforts of the City. Please review the attached memo from the City's Conservation Coordinator regarding this issue. STAFF RECOMMENDATIONS Approval of Appeal 06-2002, granting an 8.79-foot exception from the south lot line to allow the construction of an addition to the existing detached garage due to the extraordinary circumstance in complying with the Zoning Code and land conservation goals of the City. This approval is conditioned upon the property owner working with the City's Conservation Coordinator to establish a management plan for the wooded area of the property. CITY OF MUSKEGO BOARD OF APPEALS APPLICATION FOR DIMENSIONAL VARIANCE Appellant's Name: Subject Property Address: Li�,2C 3 1% MgZiJ al R11k &140?-E P121 VE _ Telephone: Day: aC9.54q • ayCo�L, Evening: L1 Property Zoning: RS - 2 Tax Key: alb ,- 99 a Petitioner's relationship to property (circle applicable): Owner Lessee Other Date inspector denied zoning permit: t4ov _2, v0-*'— Requesting variance to Code Section I -) The variance, if granted, will not be contrary to the public interest and will be in a cord wifh the spirit of the a because: c iuc��h6o� 1 I (t ,Y i u } +S Aiat tJE� -to AQ� Res �rca o+h>=rz n au u have Sty I o t of e►p�nov�! The variance;'if granted, will not adversely affect public etyZQ 'opardize public welfare because: . �i t-Tt + b..-. If.... L..,. 1,3...'- . � _ ... .+...-- + - - n + is . % 1 n S:1CfTYHAL.LIZBAIAppkatiom\ZBA-Dimensional /appeal gppli zbm.doc Last printed V21102 9-14 AM SUBMITTAL REQUIREMENTS FOR DIMENSIONAL VARIANCE REQUESTS At the direction of the Zoning Board of Appeals, the following information is required to be submitted with the application: • For any variance pertaining to a parcel of land, a Plat of Survey, prepared by a Registered Land Surveyor, must be submitted. The Plat of Survey must be dated, with no time requirements, and include the original seal of the surveyor. Plat of Survey must contain the following: 1. The parcel in question with dimensions, bearings and a description of the exterior boundaries. 2. Abutting streets, properties, lakes and/or rivers, etc. 3. Location and size (with dimensions and area) of any existing buildings or structures. 4. Ordinary High-water Mark, 100-year Flood Elevation, 2-foot about the 100- year Flood Elevation, Easements, etc. 5_ Location and size of culverts, ditches, trees, wells, septic system, retaining walls, driveways, sidewalks, patios, or any other items pertinent to the variance requested --including area calculations. 6. Elevations at corners of parcel, building corners, grade breaks and any other elevations pertinent to the variance requested. 7. Proposed building, structure or appurtenance for which the variance is being requested. ■ The scaled construction drawings of the appurtenance, addition, or structure for which the variance is being requested. ■ Fee in the amount of $200.00 Account # 100.01.18.03.4327 SIGNATURE OF APPELLMT DATE II 102> SIGNATURE OF OWNER (if different) DATE PLEASE BE INFORMED THAT ANY LEGAL, ENGINEERING AND ADMINISTRATIVE FEES INCURRED BY THE CITY, IN THE PROCESS OF REVIEWING A PROPOSAL OR APPLICATION, BUT NOT INCLUDED IN THIS FEE SCHEDULE, WILL BE CHARGED BACK TO THE PETITIONER I APPLICANT I OWNER 1 DEVELOPER FOR 100% RECOVERY. (Ch. 3.085/Ord. #909) S:ICITYRALLIZBAIApplicabonslZBA-Dimensional Appeal ApplicationAm Last printed 4/5/2002 2:17 PM SCALE: 1 "=50 ' i PREPARED FOR: TIM JOYCE W203 S10434 NORTH SHORE DR. MUSKEGO , WI. 53150 ASPHALT DRI VE 270 72' 317.29, k 0 PLAT OF SURVEY LOT 7 OF CERTIFIED SURVEY MAP NO. 49 LOCATED IN THE NW 1/4 OF SECTION .32, T 5 N, R 20 E, IN THE CITY OF MUSKEGO, WAUKESHA COUNTY, WISCONSIN. EAST 637.86' 36.30• STONE & 734• FRAME D,fELLING DRIP No. W203 S10434 LINE 13,36• ABOVE 0 GROUND 42.32 POOL FRAME 30.30 DRIP ED , GARAGE LINE 18.25' EDCE OF TREA•S -1 WEST r" FRAME ADDWN. SHED 637.44' I hereby certify that I bare surveyed fbe above daacribed property and the above map is a true representation thereof and abows the siu and location of the property, 1.4 exterior boundarieg the lomUon of an visible structures and dimensions of all principal buildings thereon, boundary fence apparent seaementg roadway end visible chmsatet if say. This surrey is made for the present owners of the and also these wb purcbasm mortgage, or guarevteee the title thereto within one (4J year ds bereof. . -.- C'// Signed REGISTERED LAWD SURVEYOR S-1755 10W0JMPHER,. 1 KUNKEL WAUKESPA Wl •'••• G 0 U RY E �.•'� THIS IS AN ORIGINAL PRINT ONLY IF SEAL IS IMPRINTED IN RED 0 0 O ff 9 NO VEMBER 6, 2002 REVISED 11-8-02 EDGEWOOD EFI GROUP INC. civil engineering a land surveying a site planning W230 S8735 CLARK STREET • BIG BEND) • WISCONSN 53103 (262)662-5002 a fax (262)662-5012 SURVEY NO. WA U-103 -Goo 111111111111111111111111111111 Please see attached Open Space Management Plan W203 S10434 North Shore DriveTax Key No. 2286.990 City of Muskego, Waukesha County, Wisconsin "Lot 7, Certified Survey Map No. 49, located in the NW 'A of the NW '/4 of Section 32, Town 5 North, Range 20 East, City of Muskego, Waukesha County, Wisconsin." —0AziJRZi REGISTER'S OFFICE WAUKESHA COUNTY, WI RECORDED Fsi� Oi-06-2003 10:03 AM MICHAEL J. HASSLINGER REGISTER OF DEEDS REC. FEE: 20. 00. REC-. FEE -CO: 5.00 REC. FEE-ST : 2.100 TRAM. FEE: TRAM. FEE --STATE: PAGES: 9 Recording Area Name and Retum Address City of Muskego Planning Dept. P.O. Box 749 Muskego, WI 53150 MSKC 2286.990 Parcel Identification Number (PIN) 'a? This information must be completed by the submitter: document title, name & return address, and PIN (if required). Other information such as the granting clauses, legal description, etc. may be placed on this first page of the document cc may be placed on additional pages of the document. Note: Use of this cover page adds one page to your document and $2.00 to the recording fee.. Wisconsin Statutes, 59.517, WRDA 2196 z OPEN SPACE MANAGEMENT PLAN W203 S10434 North Shore Drive/Tax Key No. 2286.990 City of Muskego, Waukesha County, Wisconsin SECTION I: AGREEMENT TO CONDUCT OPEN SPACE MANAGEMENT PLAN ....... 1 SECTION II: VEGETATION COVER TYPES OF THE PROPERTY ............................I SECTION III: RECOMMENDATIONS AND REQUIREMENTS..................................3 SECTION IV: DUTIES AND RESPONSIBILITIES OF THE HOMEOWNER.................4 SECTION V: DUTIES AND RESPONSIBILITIES OF THE CITY OF MUSKEGO........... 5 SECTION VI: SIGNATURE LINES.......................................................................6 SECTION I: AGREEMENT This Agreement, made and entered into this 2L day of December, 2002 by M. Timothy & Mary J. Joyce (hereinafter referred to as "Homeowner"), for the property commonly known as W203 S10434 North Shore Drive/Tax Key No. 2286.990 located in the City of Muskego, County of Waukesha, and the State of Wisconsin, more fully described as: Lot 7, Certified Survey Map No. 49, located in the NW '/4 of the NW % of Section 32, Town 5 North, Range 20 East, City of Muskego, Waukesha County, Wisconsin, is a condition of approval of Appeal #06-2002 as approved by the City of Muskego Board of Appeals, a quasi-judicial body appointed by the governing body of the City of Muskego, a municipal corporation located in the County of Waukesha and the State of Wisconsin, (hereinafter referred to as "City"), SECTION II: VEGETATION COVER TYPES OF THE PROPERTY Introduction This Management Plan includes a proposed program to preserve and manage the back yard portion of the property, which lies within a Management Priority Area identified in the City of Muskego Conservation Plan adopted by the City of Muskego Common Council on November 27, 2001 and on file at the City of Muskego Planning Department. The area of concern is a rectangle of land encompassing the easterly 240 feet of the property. Execution of a Management Plan for the Management Priority Area within said property is a condition imposed by the City of Muskego Zoning Board of Appeals Findings of Fact dated December 12, 2002 (attached). This Plan provides general methods and procedures for managing, improving, and sustaining the quality of the natural habitats of the land. This document serves as a Work Plan for managing invasive, weedy plant species, such as Buckthorn, Honeysuckle, and Garlic Mustard. The City of Muskego Conservation Coordinator is available to provide technical assistance and literature references. References to other agencies, native plant nurseries and private consultants can also be provided by the City to assist in this Plan's execution. Mixed Hardwood Forest — (Historically Oak Savanna) Description The 2.19-acre Joyce property lies within a forested area that was historically an oak savanna. Oak savanna was the predominant land cover type of southern Wisconsin before European settlement. This transition between the prairies of the Central Plains and the forests of eastern North America consisted of forests of scattered trees where numerous prairie grasses and wildflowers thrived within the openings. Periodic wild fires minimized the extent of most woody plants. Certain trees, primarily oaks with their thick bark, withstood these fires. Bur Oak (Quercus macrocarpa) is the predominant tree of oak savannas, however White Oak (Quercus alba), Northern Red Oak (Quercus rubra), Shagbark Hickory (Carya ovata), and Black Walnut (Juglans nigra), also grew in this ecotype. However, because of human manipulation of the Management Plan for W203 S10434 North Shore DrivelTax Key No. 2286.990 City of Muske o Waukesha County, Wisconsin land, fire suppression and effects of competing invasive plants, few healthy oak savannas exist. Species composition has been altered and species diversity has been greatly reduced. This area now exists as a mixed hardwood forest. There are several large Northern Red Oak, White Oak, and Shagbark Hickory within the woodlot. Other woodland trees include Green ash (Fraxinus pennsylvanica), White Ash (Fraxinus americana), Black Cherry (Prunus serotina), and Basswood (Tilia Americana). Under -story tree species of Ironwood (Ostrya virginiana) and Prickly Ash (Zanthoxylum americanum) are also found. American Cranberrybush Viburnum (Viburnum trilobum), and Gray Dogwood (Cornus racemosa) are native shrubs that also grow in the woodland. In general, the forest has a great diversity of woody plants and is not highly impacted by invasive shrub species. Because the site was surveyed in fall, a list of woodland forbs (herbaceous plants) was not compiled. However, due to the relative lack of invasive shrubs, it is suspected that the woodlot also contains a good diversity of woodland forbs. Shade can suppress the regeneration of oak trees and shift the tree species composition. Younger -aged oaks are mainly found along forest edges and in forest openings. The younger - aged tree population is consists of more Basswood, which can tolerate the shade of other trees. With excessive shade, over time, as oaks within the forest interior mature and die, Basswood, and Sugar maple (Ater saccharum), another shade -tolerant species, will replace them as the dominant tree species. Dead trees within a residential yard are usually hazards to human life and property and need to be removed. However, within the forest interior, they provide habitat for a variety of wildlife. Dead trees typically have cavities that serve as nesting sites for mammals and cavity -nesting birds. These include deer mice, squirrels, chipmunks, owls, kestrels, woodpeckers, chickadees, nuthatches, and the great -crested flycatcher. Furthermore, the decay of fallen trees cycles nutrients back into the soil where they become available for further plant growth. Invasive Species Two invasive shrub species are of a concern in the forest: Tatarian Honeysuckle (Lonicera tatanca) and European Buckthorn (Rhamnus cathartica). Both of these plants exist in modest numbers in the woodland. These shrubs were originally brought to North America for use as landscape plants but have now spread into forests over much of the continent. These species leaf out sooner than most native woodland trees. Native woodland flowers such as Jack -in -the - Pulpit (Aerisaema trifollium), Trilliums (Trillium grandiflorum), Bloodroot (Sanquinana canadensis), and Mayapple (Podophyllum peltatum) flourish in the sunlight that comes through the forest canopy in spring before the trees leaf -out. The early -leafing buckthorn and honeysuckle inhibit the growth of these native plants on the forest floor. Not only are humans robbed of the chance to witness a spectacular display of spring flora, the wildlife that relies on the native species for food and habitat is greatly impacted. This shading effect also inhibits the regeneration of forest trees and, over time, the area can transform into a dense thicket of these invasive shrubs. Garlic mustard (Alliaria petiolata) is another invasive non-native plant that poses a serious threat to the health of the woods. This prolific biennial herb can quickly dominate the ground flora of a forest at the expense of the diverse assemblage of native woodland flowers. In the first year it is generally low growing, does not form flowers, and remains green through winter. Second- Management Plan for W203 S10434 North Shore Drive/Tax Key No. 2286.990 City of Muskego, Waukesha County,Wisconsin year plants grow 1-2 feet tall and produce clusters of white blossoms in May and June. Each plant dies after flowering and drops hundreds of seeds that can remain viable for five years. Garlic mustard was not found in the woodlot during the fall plant survey, but may still be present in small numbers at this time. Early detection and control will help keep this invader from gaining a foothold and disrupting the forest ecology. SECTION III: RECOMMENDATIONS AND REQUIREMENTS Mixed Hardwood Forest Control of Invasive Species Although they are both present on the property, Tartarian Honeysuckle and European Buckthorn have not developed a strong foothold in the forest and control will not be difficult. Cutting the shrubs at ground level and treating the stumps with a glyphosate herbicide can control larger plants of both species. This is best done in the fall of the year when sap flows toward the roots and these plants are easily spotted due to their tendency to hold their leaves longer. Cut stems should be removed and disposed of, as they are capable of re -rooting. Smaller plants can be hand -pulled. After initial chemical control, periodic controlled (prescribed) burns (2-3 year cycle) will control regeneration by killing the young seedling shrubs. All prescribed burns shall be conducted pursuant to Muskego Municipal Code Section 9.14 and only upon 72 hours notice to the Muskego Police Department and Fire Department. Muskego Municipal Code 9.14(3)(a)(4) states: "Sufficient fire fighting implements and personnel shall be available at the scene while burning is in progress to control the fire." This management strategy is not a requirement of this Plan, and should only be employed by experienced, properly trained and equipped persons. Control of a Garlic Mustard infestation is labor-intensive. Plants can be hand pulled in spring before they set seed. Pulled plants must be bagged and land filled if flowers have already begun to develop, as they can produce viable seed if just left on the ground. The hand -pulling regimen must continue for several years until the existing seed bank of Garlic Mustard is exhausted. Timely spraying of herbicides and prescribed burns are also effective control techniques provided they are conducted in the dormant season before most native woodland plants green -up. Reseeding or replanting with native woodland flora may be required. There are many references available that detail specific invasive species control techniques. The Wisconsin Department of Natural Resources web site contains many excellent online and offline references: httc://www.dnr.state.wi.us/ora/land/er/invasive/index.htm Preservation Native trees, shrubs, and herbaceous vegetation should be left intact. Hazardous trees, those that pose a threat to persons and/or structures, can be removed. There should be no excavation, filling or compaction of soil within the woodlot. Damage from heavy equipment and even light vehicles can gravely damage mature trees. Soil compaction is a greater threat than the more obvious trunk scarring. The effects of construction damage often take 5 to 7 years before they finally kill a tree, and people generally don't relate the tree's death to construction activities several years earlier. To successfully preserve trees near construction sites, snow fencing and signage should be erected around the tree's critical root zone. This zone usually extends beyond the drip line of the tree canopy. r. r Management Plan for W203 S10434 North Shore Drive/Tax Key No. 2286.990 City of Muskego, Waukesha County, Wisconsin Requirements There shall be no grading, filling, or construction of structures within the "back yard" wooded area that coincides with the Priority Area identified in the adopted City of Muskego Conservation Plan. Healthy, native vegetation that is not hazardous shall not be removed from this area. This area is a rectangle of land that includes all of the remaining wooded area eastward of structures existing as of December 11, 2002, encompassing the easterly 240 feet of the property. An existing structure (shed) currently extends into the defined area. This structure shall be allowed to remain, however, under no circumstances shall this structure be altered or enlarged. The Homeowner shall employ an aggressive campaign to eradicate invasive honeysuckle and buckthorn shrubs from the hardwood forest. These invasive shrubs currently have a low impact on the forested area, but have the potential to become problematic within a short time. The Homeowner shall hand -pull garlic mustard and begin chemical control if needed. It can be said of any invasive species that early detection and control will make it considerably easier to minimize or eliminate. The Muskego Conservation Coordinator is available to meet with the Homeowner to give instructions on invasive plant identification and control options. Timetable for invasive Species Mana ement Species Management 2003 2004 1 & 2 Year 3rd Year Thereafter :xstrategy Thereafter Buckthorn & Inspection & Inspect in April Inspect in April Inspect in April Inspect in April Honeysuckle Monitoring Control Fall -winter Consider need Fall -winter Fall -winter Herbicide herbicide cut & feasibility of Herbicide and/or Consider stems S2ring burn Spring bum" Garlic Inspection & Inspect in April - Inspect in April Inspect in April — Inspect in April — May Mustard Monitoring May - May May Control Hand pull in Possible Hand pull in Hand pull; April -May Spring burn; April -May Consider Spring Hand pull burn' 'Prescribed burn is not a requirement and if implemented, should be done by experienced personnel and in accordance to Muskego Municipal Code 9.14(3)(a)(4). All live trees, shrubs, and herbaceous vegetation within the woodlot shall be left intact, with the exception of hazardous or invasive plants or lost through sound forestry management practices (including controlled burns). It is recommended that dead trees and snags within the forest be retained where they do not pose safety threats to people or personal property. As mentioned in the section above, they provide a variety of wildlife habitat. SECTION IV: DUTIES AND RESPONSIBILITIES OF THE HOMEOWNER There shall be no grading, filling, or construction of structures within the "back yard" wooded area that coincides with the Priority Area identified in the City of Muskego Conservation Plan (adopted by City of Muskego Common Council on November 27, 2001). This area, hereinafter referred to as the "Area of Concern," is a rectangle of land encompassing the easterly 240 feet of the property and is legally described as follows: "Being part of Lot 7, Certified Survey Map No. 49, located in the NW '/ of the NW % of Section 32, Town 5 North, Range 20 East, City of Muskego, Waukesha County, Management Plan for W203 S10434 North Shore Drive/Tax KeV No. 2286.990 City of Muskego Waukesha County, Wisconsin Wisconsin, bounded and described as follows: "The Easterly 240 feet of said Lot 7, lying parallel and adjacent to the East Property line of said Lot 7." 2. All live trees, shrubs, and herbaceous vegetation that lie within the Area of Concern shall be left intact, with the exception of hazardous or invasive plants or plants removed through sound forestry ecology management practices (including controlled burns). 3. The Homeowner shall work towards eradication of invasive plants from the forested Area of Concern. The Homeowner shall spend at least 12 "man-hours" yearly removing and treating invasive plants. The Homeowner shall also be allowed to hire a contractor to fulfill this responsibility. The Homeowner shall advise the City of Muskego Conservation Coordinator 48 hours prior to conducting an invasive plant management activity. V: DUTIES AND RESPONSIBILITIES OF THE CITY OF MUSKEGO The City shall: 1. Inspect the progress of invasive species control. 2. Provide technical information on invasive species control. This document drafted by: Tom Zagar City of Muskego P.O Box 749 Muskego, WI 53150 Management Plan for W203 S10434 North Shore Drivefiax Key No. 2286.990 City of Muskego, Waukesha County, Wisconsin SECTION VI: SIGNATURE LINES IN WITNESS HEREOF, Homeowner has caused this Agreement to be signed by its appropriate officers and their seals to be hereunto affixed in duplicate original counterparts on the date and year first written above. M. Timothy -`, Mary J. J ce, o own r '.STAB OF WISCONSIN ) SS ' ;,W;1 bKESHA COUNTY ) iPERSbNALLY came before me this �J day of UWfflba 2002 M. Timothy and � • 'ate Ma'r� J,. Joyce, Homeowners of W203 S10434 North Shore Drive/MSKC # 2286.990, to. the known to be the persons who executed the foregoing instrument and acknowledged the same. I n , _Q -w V_ Notary Public -State of Wis3onsin My Commission Expires -1 U- Uv Gt MUSKEGO O D OF APPEALS By: By: _Dan Schepp Dusti . Wol ester C�Jignan, Board of Appeals Assistant Plan irector rV STAT,F_ 0�'yYVISCONSIN}SS r- Y WAWA COUNTY) Personally came before me this O day of L �jjLLJ1-�002 the above named Dan Schepp, Chairman of Zoning Board of Appeals and Dustin J. Wolff, Assistant Plan Director of the above -named municipal corporation City of Muskego, to me known to be the persons executed the foregoing instrument, and to me known to be such Chairman of Zoning Board of Appeals and Assistant Plan Director of said municipal corporation, and acknowledged that they executed the foregoing instrument as such officers as the deed of said municipal corporation by its authority and pursuant to the authorization by the Zoning Board of Appeals meeting on the 5th day of December, 2002. Notary Public, Waukesha County, Wisconsin My commission expires 1 a - 1 U- UQD CITY OF MUSKEGO DEPARTMENT OF CITY PLANNING Brian D. Turk Director of Planning (262) 679-4136 ZONING BOARD OF APPEALS FINDINGS OF FACTS A dimensional variance is hereby granted to Mr. Tim Joyce, by the Zoning Board of Appeals of the City of Muskego to permit a 8.79-foot offset variance to Section 17:5.02(1) from the south property line to allow the construction of an addition to the existing detached garage at W203 S10434 North Shore Drive/Tax Key No. 2286.990. This decision of the Board is based upon the Appellant having met the specifics of the City Ordinance with respect to granting variances. This approval is conditioned upon the development and implementation of a Management Plan as developed by the City's Conservation Coordinator for the wooded area of the property. Said Management Plan shall be recorded at the Waukesha County Register of Deeds. It was found that the variance preserves the intent of the Municipal Code because there are exceptional circumstances associated with the parcel complying with the Zoning Code and the conservation priorities of the Common Council outlined in the adopted Conservation Plan; that these were exceptional conditions applying that do not generally apply to other properties. More specifically, the granting of the variance provides the property with rights enjoyed by properties in the immediate vicinity, the property rights of other property owners are preserved, and no substantial detriment is caused to an adjacent property. The detached garage is permitted to be located 6.21-feet from the north property line, and the variance granted shall apply only to the addition reviewed and approved by the Board as outlined in Appeal # 06-2002 on December 5, 2002. his 12th day of December 2002. 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