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Zoning Board of Appeals 07-1994situ 01 T111tjhe9r0 March 28, 1994 Mr. Jeff Musialowski S66 W18527 Jewel Crest Muskego, WI 53150 Dear Mr. Musialowski: BUILDING INSPECTION DEPARTMENT W182 58200 RACINE AVENUE • SOX 903=:<=CC- 531 50-0903 • (414) 679-41 10 The Board of Appeals wishes to advise you that your request for the following variances has been approved: 1) Requesting a variance from Section 17:4.06(2)A.1. requirement that a non -conforming structure not be expanded, except in conformance with current regulations; to all the extensive remodeling and addition of a full 2nd floor to an existing non -conforming (location) dwelling. 2) Requesting a 7" variance from Sections 17:8.08(3), 17:9.04(3) and 17:5.02(3)A.1. requirements that building be offset from property line at least 5'5" on east property line to allow the construction of a second story and a deck within 4'10" of east property line. 3) Requesting a 1'2" variance from Section 17:8.08(3), 17:9.04(3) and 17:5.02(2)B.1. requirement of 22' from base i setback line, to allow the construction of a new roof within 20'10" of base setback line. i You are further advised that building permits are required before work is commenced. S erely, Susan J. Schroeder Recording Secretary City ar ...Pine iCa"J'."u. , - nclustrial and tZcrcalionul 5acik1i¢j t t tf �f! !I 1t.i'�c'r�0 CITY OF MUSKEGO BOARD OF APPEALS CITY OF MUSKEGO BOARD OF APPEALS MINUTES HELD ON MARCH 24, 1994. Chairman Fohr called the meeting to order at 7:30 p.m. PRESENT: Chairman Gerald Fohr, Mr. Lloyd Erno, Mr. Terry O'Neil, Mr. Dan Schepp, Mr. Don Pionek, MR. Darryl Rowinski and Mr. Chcuk Dykstra. MINUTES: Mr. O'Neil made the motion to accept the minutes with two revision: 1. Page two, paragraph six, last sentence to read "... widening the road. 2. Page four, paragraph three, last sentence to read .".Upon roll call vote, motion carried unanimously". Mr. Rowinski seconded motion, upon voice vote, motion carried. APPEAL #7 96 - Jeff Musialowski, S66 W18527 Jewel Crest Drive, Muskego, Wisconsin, 53150, Appellant requesting three variances. 1) Requesting a variance from Section 17:4.06(2)A.1. requirement that a non -conforming structure not be expanded, except in conformance with current regulations; to all the extensive remodeling and addition of a full 2nd floor to an existing non -conforming (location) dwelling. 2) Requesting a 7" variance from Sections 17:8.08(3), 17:9.04(3) and 17:5.02(3)A.1. requirements that building be offset from property line at least 515" on east property line to allow the construction of a second story and a deck within 4'10" of east property line. 3) Requesting a 112" variance from Section 17:8.08(3), 17:9.04(3) and 17:5.02(2)B.1. requirement of 22' from base setback line, to allow the construction of a new roof within 20'10" of base setback line. Mr. Dykstra explained to the Board of Appeals that this property is zoned RS3-OLS, lake shore property. The original home was built before the Zoning Codes, probably in the 1940's. Mr. Pionek administered the oath to Mr. Jeff Musialowski. Mr. Musialowski stated this building was originally built as a summer cottage, in the 19401s. His parents purchased the property in the 60's. They added a second floor and a flat roof. Mr. Musialowski's intentions are to go straight up. He will be adding new headers and bringing the residence into code. He will be adding a deck on the lake side. The house sets 60'-65' from the lake. Mr. Musialowski presented a letter from seven neighbors stating they have no objections to the remodeling. Mr. Musialowski stated his hardship is the size of the lot and the existing structure, also his need for additional space. There was no one in the audience to comment on this appeal. BOARD OF APPEALS March 24, 1994 PAGE 2 APPEAL #8-94 - George Jifas S75 W17358 Janesville Road Muskego, WI 53150, Requesting 2 variances: 1) Requesting a 915" variance from Sections 17:8.14(3), 17:9.07(3) and 17:5.02(2)B.1. requirement of a minimum 26'5" to allow the construction of a building addition within 17' of the base setback line. 2) Requesting a variance from Section 17:4.06(2)A.1. requirement that a non -conforming structure not be expanded, except in conformance with current regulations; to allow extensive remodeling of an existing non -conforming (locational) dwelling (original portion of building). Mr. Dykstra explained to the Board of Appeals that Mr. Jifas needs two variances, one for the setback on Janesville Road, which is a 120' road and the other for an addition to an existing non -conforming structure. Mr. Pionek administered an oath to Mr. Jifas and all other members of the audience which was interested in speaking on this subject. Mr. Jifas explained that due to the growth of his business he wishes to add on 17 feet to the west side of his existing building. Chairman Fohr asked what the Plan Commission said in their review of the proposed site plan. Mr. Jifas stated the Plan Commission rejected his plan without prejudice at their meeting in February. Chairman Fohr asked what is the parking capacity presently, and what will it be after the remodeling. Mr. Jifas stated currently there is parking available for 25 cars. After the remodeling there is a proposed parking capacity for 39 vehicles. Mr. Schepp questioned if there are plans for two way traffic on the east drive. Mr. Jifas stated no, that is an entrance only. Mr. Fohr questioned what the back drive is for. Mr. Jifas stated that is for deliveries only off Michi Drive. Mr. O'Neil asked if the blueprint submitted is indicating two parcels. Mr. Jifas stated affirmative. Mr. Pionek questioned if the back drive can accommodate large semi trucks. Mr. Jifas stated the trucks will drive in from Michi Drive and exit onto Janesville Road. Mr. Rowinski further questioned the concerns of the Planning Commission. Mr. Jifas stated there was a concern that the back storage room would eventually be used as a dining room, that trees had been removed from the rear of the property and the fence at the rear of the parking lot would not protect the neighbors. BOARD OF APPEALS March 24, 1994 PAGE 3 The secretary read the minutes from the February 24, 1994 Plan Commission meeting and the Resolution #P.C. 34-94 for the Board of Appeals members. Mr. O'Neil questioned when the Parthenon opened for business. Mr. Jifas replied July 27, 1993. Chairman Fohr opened the floor for interested parties to speak: Mr. Jim Foshey stated that the Board of Appeals should stop harassing businessmen. Good business means more taxes for the community. Mr. Rowinski informed Mr. Foshey he is out of line, the Board of Appeals is in no way harassing Mr. Jifas. Mr. Bud Boettcher explained he understood the Plan Commission is not able to grant an expansion of a non -conforming building because it is against their Ordinances. Mr. Boettcher further stated he is in favor of the expansion of the restaurant, it is a good looking building and Mr. Jifas is doing a good job. Mr. Joe Melinowski, a customer, stated he likes the food and the prices are reasonable. Mr. Ted Menning stated in his opinion what Mr. Jifas is proposing is tastefully done and well thought out. He said Muskego needs buildings such as this. Hopefully it will prompt others in the City to have a face lift on their businesses. Mrs. Shirley Gerrits, a neighbor, questioned Mr. Jifas on the location of the garbage cans and the location of the proposed fencing. Mr. Jifas stated the garbage cans will be moved to a location that will have fencing. As to the location of the fence, he is planning on 4 foot high fence with slats, with landscaping to be installed as per his plan. Mr. Al Koester is in favor of the expansion, as he does not like to wait to be seated for dining. He further stated Mr. Jifas has a good business and good food. Mr. Norb Sebunia stated traffic on Janesville Road is a problem not only from the restaurant but also the church, Muskego Liquor, no turn lanes. A no turn on red would help some of the problem. Also, widening that section of road would greatly help. Nola Brieling, a resident, neighbor and employee is in favor of expansion. Mr. Jifas provides a good sit-down restaurant that is not a supper club. By increasing, he will be able to provide a room for parties and business meetings. The City of Muskego will receive benefits from the expansion. BOARD OF APPEALS March 24, 1994 PAGE 4 Lori Niencek works for Mr. Jifas, she stated Friday nites are extremely busy, this shows the need Muskego has for this restaurant. It is convenient for the residents. Mr. Dykstra addressed the question asked regarding ratio of parking spaces to prime floor area. 2 spaces per 100 square feet, in this case, 45 parking spaces. Mr. Dykstra further went on to explain the conditions that must be met for the Board of Appeals to grant a variance and that opinions do not meet the challenge. Mr. Jifas stated he could build within the area allowed, however, it would be unattractive. He is trying to build something cosmetically attractive. Mr. Jifas stated there are fifteen businesses on top of Highway L, the Fire Department included. Mr. Jifas stated he is trying to beautify the neighborhood. Also, this addition is further away than the previous request. Mr. Frank Kerr has lived here two years and is amazed at the downtown. He would like to encourage business in Muskego, and help the businesses. Mr. Bud Boettcher spoke stating the landscaping plan is aesthetically beautiful but if not landscaped there would be room for additional parking. Mr. Schepp of the Board of Appeals questioned where the deliveries would be made, what portion of the building. Mr. Jifas stated there is a 35" door at the office and deliveries are made at 5:30 A.M. on Monday and Friday. Mr. Clark Fischer a neighbor, is concerned about parking. He was informed that the Plan Commission will address that issue. Mr. Jifas stated his hardship one final time. 1. Growing too fast, no room in the kitchen or dining area. 2. Pre- existing non -conforming building that he has to work with. Mr. Ted Menning stated when George opened his restaurant he didn't realize he would have such a need for expansion. The pre- existing conditions are beyond his control. He is growing by leaps and bounds beyond his expectation. Even Mr. Fischer is satisfied with the parking in the rear of the property, off the street. Mr. Menning asked how do you stop a snowball once it started? The Board of Appeals recessed for 15 minutes. They remained in open session when returning. BOARD OF APPEALS March 24, 1994 PAGE 5 APPEAL #7-94 Jeff Musialowski, S66 W18527 Jewel Crest Drive, Muskego, Wisconsin. Mr. Pionek made the motion to grant the variance stating the size of the lot and the location of the existing structure as hardship. Mr. O'Neil seconded, upon roll call vote, motion carried unanimously. APPEAL #8-94 George Jifas, S75 W17358 Janesville Road, Muskego, Wisconsin. Mr. Rowinski made the motion to grant the three variances requested for the following reasons: 1. Pre existing non -conforming building location. 2. The addition needs to be kept where it is because of the need for potential parking area. 3. To keep with the aesthetics of the building. Mr. Jifas will need to return to Plan Commission with a site and operation plan. Mr. Schepp seconded. Upon roll call vote, motion carried unanimously. Mr. Erno stated this will be his last meeting as his appointment is up May 1, 1994 and he does not wish to be reappointed. With no further business to come before the Board, Mr. Rowinski made the motion to adjourn. Mr. O'Neil seconded, motion carried. Meeting adjourned at 9:30 P.M. rRespectfully submitted, Susan J�chroeder Recording Secretary DATE MARCH 24, 1994 NAME Jeff Musialowski ADDRESS CITY OF MUSKEGO BOARD OF APPEALS S66 W18527 JEWEL CREST DRIVE TELEPHONE 679-0865 PROPERTY LOCATION ON WHICH VARIANCE IS REQUESTED ADDRESS S66 W18527 JEWEL CREST DRIVE SUBDIVISION LOT BLOCK TYPE OF ZONING RS3-OED VARIANCE REQUESTED: 1) Requesting a variance from Section 17:4.06(2)A.1. requirement that a non -conforming structure not be expanded, except in conformance with current regulations; to all the extensive remodeling and addition of a full 2nd floor to an existing non -conforming (location) dwelling. 2) Requesting a 7" variance from Sections 17:8.08(3), 17:9.04(3) and 17:5.02(3)A.1. requirements that building be offset from property line at least 5'5" on east property line to allow the construction of a second story and a deck within 4'10" of east property line. 3) Requesting a 112" variance from Section 17:8.08(3), 17:9.04(3) and 17:5.02(2)B.1. requirement of 22' from base setback line, to allow the construction of a new roof within 20110" of base setback line. REASON FOR VARIANCE REQUEST: Petitioner wants to build a second story on his existing residence, build a gable roof on his garage and add a deck. 80.00 FEE TO BE PAID AT TIME OF APPLICATION DATE PAID 3/9/94 RECEIPT NUMBER 102327 DECISION OF THE BOARD OF APPEALS aPPRnvRn nFNTFD CHAIRM VICE-C MEMBER MEMBER MEMBEF FIRST SECONE