Zoning Board of Appeals- - Minutes 09/30/2004ZONING BOARD OF APPEALS
FINDINGS OF FACTS
A dimensional variance is hereby granted to Terry Hooper, by the Zoning Board of
Appeals of the Citv of Muskego in Appeal # 06-2004 to permit two accessory structures
totaling 1,203 square feet on one property, hence allowing 413 square feet over the
allowed accessory structure size for the parcel located at S70 W 13108 Woods Road 1
Tax Key No. 2164.996.001, based upon the applicant having met the specifics of the
City Ordinance with respect to granting variances.
It was found that the variance should be granted due to the prior issuance of a building
permit for the accessory structure that was based upon a survey that at the time was
believed to be true and current. The accessory structure was built in good faith
according to the Zoning Board of Appeals and the owner should not be penalized.
Also, the storage of the vehicles inside of a garage is a bonus to the neighborhood.
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 detriment is caused to an adjacent property.
-Date_i this 81h day of October 2004.
Signed
1
Day � Schepp
Chairman, Zoning Board of Appeals
Signed 6"' _ _..
Adam Trzebia ski
Associate Planner
ZONING BOARD OF APPEALS MINUTES
CITY OF MUSKEGO
SEPTEMBER 30, 2004
Meeting was called to order at 7:08 P.M.
PRESENT: Chairman Dan Schepp, Vice Chairman Henry Schneiker, Dr. Barb Blumenfield, Mr, Horst
Schmidt, Dr. Russ Kashian, Mr. William Le Doux, and Associate Planner Adam Trzebiatowski.
ABSENT: Mr. Steve Whittow
STATEMENT OF PUBLIC NOTICE: The Secretary stated the meeting was noticed on June 18, 2004, in
accordance with Open Meeting Laws.
NEW BUSINESS: APPEAL #06-2004 Petitioner: Terry Hooper S70 W13108 Woods Road/Tax Key
2164.996.001. 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
4.05(2)(B) Accessory Structures and Uses (2) Area: Subject to the open space requirements of the
zoning district, the total square footage of all accessory structures subject to this Section are permitted as
follows: square footage permitted by right: The greater of 720 square feet, or 60% of the assessed floor
area of the principal structure. Bonus square footage permitted for additional side yard offset above the
district minimum, provided that no such bonus shall exceed 300 square feet.
For the lot in concern, the petitioner is allowed a total of 790 square feet of accessory structures. The
parcel contains two accessory structures totaling 1,203 square feet, which exceeds the allowed 790
square feet. The petitioner seeks a 413 square -foot variance to allow both accessory structures to
remain on the parcel.
Mr. Jim Bergmann stated he will be speaking on behalf of Mr. Hooper. Mr. Bergmann's address is 11864
W. Elmwood Dr, Franklin, WI.
Mr. Schneiker administered the oath to Mr. Terry Hooper and Mr. Jim Bergmann. Mr. Bergmann
explained on May 20, 2004, a permit was issued for a 24X24 foot garage using the survey that was on file
with the Assessor's office. In 1986 Mr. Hooper purchased the property from Mr. Silas Anderson. Mr.
Hooper has never sold off any of his land. On July 28, 2004, Mr. Hooper received a letter from the City of
Muskego stating there was an additional structure on the property. Mr. Bergmann advised Mr. Hooper to
have a current survey of his property done. Mr. Hooper did have a survey done and the lot on the new
survey is considerably smaller than the original survey. Mr. Bergmann further explained the accessory
building to the rear is only used for storage as there is no drive to the building. Mr. Bergmann explained
Mr. Hooper would not have built a new garage if he knew he had to tear the old one down. The new
garage would better the neighborhood by allowing him to park his cars inside. The building has passed
all inspections, and the neighbors have not had any problems with the new accessory building. Mr.
Bergmann also believes Mr. Hooper is paying more in taxes than for the land that he actually owns.
Mr. Schepp asked if Mr. Hooper thought of attaching the garage to the house. Mr. Hooper did not
consider this option but possibly would have if he had known there would have been any problems.
Dr. Blumenfield questions if there was currently a garage attached to the house. Mr. Bergmann stated
no.
Mr. Schneiker asked how the lot became smaller. Mr. Bergmann stated he does not know the answer.
Mr. Schneiker asked if this was the survey he received at the closing. Mr. Hooper stated he did not
receive a survey. Adam Trzebiatowski explained the City's maps show the survey the old, incorrect way.
The City receives updated information from Waukesha County, Mr. Trzebiatowski further explained land
must have been deeded to the neighbor before Mr. Hooper purchased the property. At the time the
ZBA Minutes
9/30/2004
Page 2
transfer was made, as long as you are not creating a new parcel, a survey is not required. The
paperwork should have been updated at Waukesha County and then forwarded to the City. The survey
that was used was not a plat of survey but a certified survey map, which is only used to divide property.
Mr. Trzebiatowski also explained when someone comes in to apply for a permit the City will try to use the
survey on file so the property owner will not have to go through the expense of having a new survey
completed. The Assessor's Office reviewed the survey after the permit was issued, as a normal
procedure, and brought the layout to the attention of the Planning Department. Mr. Trzebiatowski stated
the permit was approved based upon the incorrect survey. A letter was sent with options for the property
owner. Mr. Trzebiatowski also stated other residential lots are not able to have an increased amount of
accessory structures and hence, according to the zoning code the exception should not exist in the case
as well. The City recommends denial of this appeal and possible removal of a structure to meet the code
requirements.
Mr. Le Doux questioned the 790 sq ft. Mr. Trzebiatowski explained the additional 70 feet is a bonus
figured from the distance to the lot line.
Mr. Hooper stated if he knew there would have been a problem he would not have continued. The
neighbors do not have any complaints with the accessory building. Mr. Hooper also stated all the
neighbors have garages.
APPEAL #07-2004 Petitioner. Dean & Carla Modglin S96 W 13105 Linksway Court/Tax Key No.
2257.179. REQUESTING: Under the direction of Chapter 17 Zoning Ordinance: Section 3.08(1) Appeal
Provisions, Petitioner seeks the following variance: 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.
An offset of 30 feet is required from the rear property line. The petitioner seeks an offset of 25.8 feet from
the rear property line to permit a deck, and is therefore requesting a 4.2-foot variance from the rear
property line.
Mr. Schneiker swore in Dean and Carla Modglin. Mr. Modglin explained in June 2004, they bought a new
construction home. The back of the house faces the fareway of the Muskego Lakes golf course. They
would like the deck to view the fairway. The kitchen and sliding glass doors are off the back east end of
the house where the deck would be located. Mr. Modglin stated the builder has left a board on the house
for the future deck to be attached to the house in the proposed location.
Mrs. Modglin explained she would like enough room on the deck for tables and chairs to move
comfortably. The house has an exposed basement, which makes the deck necessary for the sliding
doors off of the kitchen. Mr. Schneiker question if they had considered shortening the deck and
lengthening it to the west. Mrs. Modglin explained at the west end of the house is a rec room. If the deck
were placed further to the west it would block sunlight to the windows below. Mrs. Modglin further
explained other homes along the golf course have shallower lots and have decks that are within the 30-
foot setback. Mr. Modglin stated the hardship would be not being able to have a deck.
Mr. Schmidt asked if they could extend the deck to the west. The Modglins stated yes, but the cost would
be higher because of the additional square footage. Mrs. Modglin explained they want the deck to look
pleasing to the neighbors and the golf course. Mrs. Modglin explained there is also a steep slope to the
east end of the house and if they wrapped the deck around the east corner they could have the staircase
come off the side of the house and not the back end of the house.
Mr. Trzebiatowski gave the City's opinion. The Reserve at Champions Village subdivision is part of the
Planned Development that was approved by the Plan Commission. One of the restrictions set forth by
ZSA Minutes
9/30/2004
Page 3
the developer with this planned development was the 30-foot rear yard offset. The City must enforce the
developer's setbacks. The lot does appear to be one of the smaller lots in the area, but the building pad
is larger than some of the other lots in the immediate vicinity. Staff believes, that due to the rear yard
offset that the planned development established, the variance should be denied in order to keep with the
intentions of the planned development. Staff recommends denial of this appeal, allowing the proposed
deck with a 25.8-foot offset. a 4.2-foot variance, from the rear property line; citing that the variance does
not preserve the intent of the Zoning Ordinance because there are not exceptional conditions applying to
the parcel that do not apply to other properties. Mr. Trzebiatowski also noted, if the appeal were to be
granted it would not have an adverse affect on the neighbors, as there is a cart path on one side and the
golf course is to the rear of the house.
DELIBERATIONS:
APPEAL 06-2004 — Mr. Schneiker moved to approve appeal 06-2004, as submitted. Dr. Kashian
seconded. Mr. Schneiker stated he moved for approval because the garage was approved based on a
survey that all parties thought was correct, and the garage was built in good faith. Mr. Schepp added he
understands how this could happen and agrees with keeping the costs down for the residents if a survey
is available. Mr. Schepp does not feel the appellant should be penalized. Dr. Blumenfield suggested a
implementing a procedure to prevent his situation from happening in the future. Dr. Blumenfield also
stated it is a bonus to the neighborhood to have the cars parked inside. Because Mr. Hooper followed all
the requirements of obtaining a permit and inspections, Dr. Blumenfield feels Mr. Hooper should not be
penalized. Dr. Blumenfield then called for the question. Upon a roll call vote Appeal 06-2004 was
approved 5-0.
APPEAL 07-2004 — Mr. Schmidt moved to approve appeal 07-2004, as submitted. Seconded by Mr.
Schneiker. Mr. Schepp stated he did feel the hardship was self-imposed. The offsets for this subdivision
were established by the developer and the City. If Board of Appeals made an exception, that would set a
precedent for others in a planned development to receive a variance to the offsets. Mr. Schneiker felt
there are too many options to build the deck other than what is proposed. Dr. Kashian explained his
concerns of the deck being built without a permit and not being caught when the house is sold. Dr.
Kashian is also concerned the deck will be allowed to remain because it is not the new owners fault. Mr.
Schepp agreed that the deck, if found nonconforming, should be torn down or re -built to conform. Mr. Le
Doux explained when a developer proposes a planned development with larger setbacks there is usually
more open space or conservancy land in the development. Upon a roll call vote Appeal 07-2004 was
denied 5-0.
APPROVAL OF THE MINUTES. Mr. Schmidt moved to approve the minutes from June 24, 2004.
Seconded by Mr. Le Doux. Upon voice vote, motion carried.
� ATE•��7�>���lii��l�b�i►l"TiL-r'.
ADJOURNMENT. With no further business to come before this Board, Dr. Blumenfield moved to
adjourn_ Mr. Schmidt seconded. Upon voice vote, meeting adjourned at 8:33 PM.
Respectfully Submitted,
Kellie Renk,
Recording Secretary
*Amended
CITY OF MUSKEGO
ZONING BOARD OF APPEALS AGENDA
September 30*, 2004 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
None
NEW BUSINESS
1, APPEAL #06-2004
Petitioner: Terry Hooper
Residence: S70 W 13108 Woods Road 1 Tax Key No. 2164.996.001
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 4.05(2)(B) Accessory Structures and Uses
2. Area: Subject to the open space requirements of the zoning district, the total square
footage of all accessory structures subject to this Section are permitted as follows.-
- Square footage permitted by right: The greater of 720 square feet, or 60% of the
assessed floor area of the principal structure.
- Bonus square footage permitted for additional side yard offsets: +10 square feet of
floor area for each one foot of side yard offset above the district minimum,
provided that no such bonus shall exceed 300 square feet.
For the lot in concern, the petitioner is allowed a total of 790 square feet of accessory structures.
The parcel contains two accessory structures totaling 1,203 square feet, which exceeds the allowed
790 square feet. The petitioner seeks a 413 square -foot variance to allow both accessory structures
to remain on the parcel.
2. APPEAL #07-2004
Petitioners: Dean & Carla Modglin
ZBA 05/27/2004
Page 2
Residence: S96 W 13105 Linksway Court 1 Tax Key No. 2257,179
REQUESTING: Under the direction of Chapter 17 Zoning Ordinance: Section 3.08(1)
Appeal Provisions, Petitioner seeks the following variance:
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.
An offset of 30 feet is required from the rear property line. The petitioner seeks an offset of 25.8 feet
from the rear property line to permit a deck, and is therefore requesting a 4.2-foot variance from the
rear property line.
APPROVAL OF THE MINUTES FROM THE June 24, 2004 MEETING.
MISCELLANEOUS BUSINESS
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
Janice Moyer, City Clerk[Treasurer at Muskego City Hall, (262) 679-5625.
City of Muskego
Zoning Board of Appeals Supplement 06-2004
For the meeting of: September 30, 2004
REQUESTING:
Under the direction of Chapter 17—Zoning Ordinance: Section 4,05(2)(B) Accessory Structures and Uses
Area: Subject to the open space requirements of the zoning district, the total square footage
of all accessory structures subject to this Section are permitted as follows:
- Square footage permitted by right: The greater of 720 square feet, or 60% of the
assessed floor area of the principal structure.
Bonus square footage permitted for additional side yard offsets: +10 square feet of
floor area for each one foot of side yard offset above the district minimum, provided
that no such bonus shall exceed 300 square feet.
APPELLANT: Terry Hooper
LOCATION: S70 W 13108 Woods Road 1 Tax Key No. 2164.996,001
PREPARED BY: Adam Trzebiatowski
BACKGROUND
The property is zoned RS-2, Suburban Residence. A limit to the total square footage of accessory
structures is limited to 720 square feet or 60% of the assessed floor area of the home (according to the
Assessors records) plus possible bonuses. The petitioner seeks the following variance:
An exception to the size limitation of accessory structures.
The property in concern is limited to 790 square feet for all accessory structures. The petitioner seeks a
variance to allow both existing accessory structures that total 1,203 square feet, and is therefore
requesting a 413 square -foot variance from the allowed accessory structure square footage.
DISCUSSION
On May 13, 2004 the petitioner applied for a permit for a second accessory structure of 588 square feet
(24.2' x 24,T). They already had an existing accessory structure of 615 square feet (24.6' x 25'). The
second accessory structure permit was approved and issued on June 1, 2004.
When the permit was submitted for the second accessory structure, the survey submitted was not the
current lot size or configuration. The survey showed an old lot layout before a portion of the lot was sold to
a neighbor. The permit was approved based upon the incorrect survey. A month later it was discovered
by the Assessor's Department that the survey submitted was not the current layout. After further
examination, it was found that this was true.
A letter was sent to the property owner on July 28, 2004 stating that the property violated the accessory
structure square footage ordinance and offered possible solutions to the problem (Included in the
supplement). The petitioner chose to apply to the Zoning Board of Appeals. A new and current survey
that shows the proper lot configuration has been submitted and is attached in the supplement.
Any other residential lots are not able to have an increased amount of accessory structures and hence, an
exception should not exist in this case as well. The older of the two structures is already non -conforming
due to its side offsets. Based on these factors, the City recommends denial and would like to pursue the
removal of a structure in total or in part to meet the code requirements.
STAFF RECOMMENDATIONS
Denial of Appeal 06-2004, allowing additional accessory structure square footage; citing that the
variance does not preserve the intent of the Zoning Ordinance because there are not exceptional
conditions applying to the parcel that do not apply to other properties. Also, a non -self imposed
hardship is not found for the appeal.
(trot pit 41—
CITY OF MUSKEGO BOARD OF APPEALS
APPLICATION FOR DIMENSIONAL VARIANCE
Appellant's Name: 7__i je .? Y �J o 6-r'EJP- -
Subject Property Address: _ S 70 w 1 31 OA JoSr� s -g: ODD
Telephone: Day: -/i51512s - �.qS-4 Evening: -,Am :
Property Zoning:V V_ 5 - ---
Petitioner's relationship to property (circle applicable):
Owner Lessee
Date inspector denied zoning permit: ✓ /u �',-t
Requesting variance to Code Section ✓
Tax Key: ✓z / 4'/ - 9 4 � _ _ n n 1
Other
To allow: 7,24 sw_..ifn .
A literal enforcement of the terms of the above -referenced section would result in
practical difficulty and unnecessary hardship because: : 44 G ' v`T
it rs -der d Ls
The variance, if granted, will not be contrary to the public interest and will be in accord
with the spirit of the code because: o��
A- - a 7 6 .
The variance, if granted, will not adversely affect public safety or jeopardize public
welfare because: f .es 4
S:ICITYHALL\PIanningTORMSIBOA-Dimensional Appeal Application.doc
Last printed 6/24/2004 8:47 AM
Assessed Value Landv Assessed Value Improvements Total Assessed Value
40,700 84,000 124,700
Est Fair Market Land Est. Fair Market Improvements Est. Fair Market
46,40J 0 � 95,700 142,100
Average Assessment Ratio
.8776
A star in this box means
unpaid prior taxes
' 2002 2003
Se-S-SMrn1r Est. State Aids Est. State Aids
Taxing Jurisdiction Allocated Tax District Allocated Tax District
2002
Net Tax
Net Assessed Value Rate
(Does NOT reflect Lottery Credit)
21.90461M
School taxes reduced by
school levy tax credit
198.77
2003
% Tax
Net Tax Change
CITY TAX
1,464,159
1,443,755
783.51
783.42
SCHOOL TAX 3857
17,733,296
17,801,668
1,263.35
1,416.61
12.1
TECH COLLEGE DIST
302,595
303,141
186.26
189.25
1.6
STATE TAX
26.43
28.42
7.5
COUNTY TAX
390,344
332,024
305.14
313.81
2.6
Total
19,890,394
19,880,588
2,564.69
2,731.51
6.5
Lottery and Gaming Credit
86.69
96.91
6.5
TAX KEY: MSKC 2164 996
001
Net Property Tax
2,478.00
2,632.60
6.2
When paying on or before
Full
Payment Due
July 31, 2004
On or Before
JANUARY 31, 2004
Make Check Payable to:
$2,632.60
CITY OF MUSKEGO
F'rst
Installment T
'JEAN K MARENDA CLK•TREAS
Due On or Before H CITY OF MUSKEGO
P 0 BOX 749 JANUARY 31, 2004 E
MUSKEGO WI 53150-0749 $812.60 R AN 21 A
Second Installment " 4u 'c C)
To Pay by Credit Card: Due on or Before �l
Call 1-800-2PAY-TAXsM or visit APR I L 30, 2004 PAID $
www.officialpayments.com $910.00
{Use Jurisdiction Code 5861) T1,1 rci Installment TOTAL DUE FOR FULL PAYMENT
There is a nominal fee for this service. Due On or Before PAY BY JANUARY 31, 2004
JULY 31, 2004
$910.00 $2,832.60
Waming If not paid by due date, installment option is lost and total
IMPORTANT Correspondence should refer to TAX KEY_ See reverse side for more information. tax is delinquent & subject to interest & penalty. (See Reverse).
S70WI3108 WOODS RD TERRY G HOOPER
PARCEL 2 OF CSM 4971 S70WI3108 WOODS RD
VOL 401221 6/24/86 PT SE 1/4 MUSKEGO Wl 53150 uet
THIS IS A PARTIAL LEGAL
DESCRIPTION, SEE TAX ROLL
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