Zoning Board of Appeals 07-1996. CITI" OF
MUSKEGO
March 29, 1996
Mr. Robert L. Gumieny
S92 W20372 Henneberry Drive
Muskego, WI 53150
Dear Mr. Robert Gumieny:
DEPARTMENT OF CITY PLANNING
Matthew G. Sadowski, Plan Director
(414) 679-4136
The Board of Appeals wishes to advise that your appeal from
Chapter 17, Section 5.02 (3) A., Building Location, has been
deferred to the April meeting. Please provide the Department with
a new survey by April 10, 1996, if you require another hearing.
Please be advised building permits are required prior to commencing
building on your property.
Sincerely,
Susan J. Schroeder
Recording Secretary
W182 S8200 Racine Avenue a Box 903 0 Muskego, Wisconsin 53150-0903 9 Fax (414) 679-5614
S4�
CITY OF MUSKEGO
BOARD OF APPEALS
MINUTES OF BOARD OF APPEALS MEETING HELD ON MARCH 28, 1996.
PRESENT: Chairman Pionek, Dan Schepp, Terry O'Neil, Henry
Schneiker.
ABSENT: Mike Brandt and Ed Herda
MINUTES: Mr. Schneiker made a motion to adopt the minutes of
February 22, 1996, meeting as presented. Mr. Schepp seconded.
Upon voice vote, the minutes of February 22, 1996 meeting passed
unanimously.
NEW BUSINESS:Appeal # 04-96
Jeff Davis, W219 S7646 Crowbar Road, Muskego, WI 53150,
REQUESTING: Under the direction of Section 3.08 (1) Appeal
Provisions, Petitioner seeks two (2) variances: 1) Chapter
17--ZoningOrdinance: Sections 8.01 (7) B.2 Individual District
Regulations: Permitted Accessory Uses. Said regulations limits
the size of all accessory buildings to 1% of the total lot area.
Petitioner seeks a 358 square foot variance to construct a 1,680
square foot accessory structure. 2) Chapter 30--Building Code:
W.U.B.C. Chapter XI, Section 30.43 (3): Garages: Area. Said
section sets the maximum size of wood or metal frame constructed
garages at 720 square feet. Petitioner seeks a 960 square foot
variance to permit construction of a 1,680 square foot detached
garage structure. Zoning is RCE, 120,000 square foot Single Family
Residential Country Estate.
Mr. Trejo described the zoning as RCE, 120,000 square foot Single
Family Country Estate and updated the Board on the approval of
Resolution #P.C. 29-96. Mr. Trejo also explained that the
ordinance takes into consideration the need for excess storage for
larger lots by permitting the use of the 1% of total lot size for
total outbuildings on lots equal to or larger than 120,000 square
feet rather than 60% of the first floor primary space of a
residence for lots smaller than 120,000 square feet.
Mr. Schepp administered an oath to Mr. Davis. Mr. Davis explained
this structure would be 28' x 601, constructed behind the
residence. The siding and shingles would match the house. The
structure is proposed to be located 50 feet from the residence,
eliminating the need of the firewall serving any purpose, only
hindering the placement of equipment in the shed. Mr. Davis also
stated that the neighboring south property has a similar accessory
building, but in a larger size. Mr. Davis stated the need for
additional storage to enhance the character of the area by
enclosing all his vehicles and supplies.
Appeal # 05-96
Phil and Michelle Leighton, W181 S6357 Lentini Drive, Muskego, WI
53150 REQUESTING: Under the direction of Section 3.08 (1) Appeal
Provisions, Petitioner seeks one (1) variance: 1) Chapter
17--ZoningOrdinance: Sections 5.02 (3) A Building Location:
Offsets. Said section restricts erecting, altering or relocating
any building so that it's no closer to any lot line than the
offset distance specified by the zoning of the district.
Petitioner seeks a three (3) foot variance to construct an
addition to an existing garage twelve (12) feet from the northern
property line. Zoning: RS-2, 20,000 square foot Single Family
Suburban Residence.
Mr. Trejo explained the RS-2 zoning and the offsets for this
property. Stating that the required minimum average width for
RS-2 is 110'; the current lot width is 1001. This will allow for
a 13.65' offset rather than the 15' requested, revising the appeal
to read as a 1.65 foot variance
Mr. Schepp administered an oath to Mr. Leighton. Mr. Leighton
stated the structure is an eyesore, the addition would add balance
to the building an aesthetically improve the property. The
hardship stated was the need for storage as a big concern and the
existing location and configuration of the home. The file has
received a letter from neighbor granting his approval.
Appeal #06-96
Kingfogl Construction Company, 3145 N. 124th Street, Brookfield,
WI 53005 REQUESTING: Under the direction of Section 3.08 (1)
Appeal Provisions, Petitioner seeks one (1) variance: For: Dave
and Mary Stawski, W198 56776 Adrian Drive 1) Chapter 17--Zoning
Ordinance: Sections 5.03 (1) Basic District Regulations: Height.
Said section sets the maximum height restricted to 30'.
Petitioner seeks a five (5) foot variance to construct a new
residence with a measured height of 351. Zoning: RS-1, 30,000
square foot Single Family Suburban Residence.
Mr. Trejo explained the proposed construction will conform with
all city requirements except the height. There are buildings
allowed to be 35' located in the Industrial Park, Agricultural and
Exclusive Agricultural Zoning.
Mr. Schepp administered an oath to Mr. Dave Stawski and Ms. Mary
Beth Doil. Mr. Stawski explained this is an unique 5.4 acre lot
with trees taller than 35 feet. The house will be located 187
feet off the road. There are no other roof lines to be shadowed
by his proposed home. The architectural committee for Lakeview
Highlands has granted approval for this home. Ms. Doil stated
this home has been built in several other communities without
concern over the height. There is no living space at the top of
the structure, this is to accommodate the cathedral ceilings.
Appeal # 07-96
Robert L. Gumieny, S92 W20372 Henneberry Drive, Muskego, WI 53150,
REQUESTING: Under the direction of Section 3.08 (1) Appeal
Provisions, Petitioner seeks one (1) variance: For the property
located at: NW 1/4 of Section 21, Tax Key No. 2242.998 1)
Chapter 17--Zoning Ordinance: Sections 5.02 (3) A Building
Location: Offsets. Said section restricts erecting, altering or
relocating any building so that it's no closer to any lot line
than the offset distance specified by the zoning of the district.
Petitioner seeks a five (5) foot variance from the north property
line and a two (2) foot variance from the south property line to
construct a new home ten (10) feet from the northern property line
and thirteen (13) from the southern property line. Zoning:
RS-1, 30,000 square foot Single Family Suburban Residence.
Mr. Trejo described this lot as requiring 120' for width, however,
the average width is 901. The zoning ordinance takes into
consideration narrow lots created prior to its adoption, thus the
required 20' offsets have been reduced to 15' and 15'. However,
in this case, the lot does increase its width near the front and
the home selected to be placed is what is causing the hardship.
Mr. Schepp administered an oath to Mr. Gumieny. Mr. Gumieny stated
this lot is 30 years old. His hardship is not having the structure
any closer to Racine Avenue than necessary. There is a creek at
the rear of the property he would like to view.
After much discussion, the Board members decided the survey does
not contain sufficient information to make an informed decision at
this time.
Appeal # 08-96
Bradley D. May, S75 W13880 Bluhm Court, Muskego, WI 53150,
REQUESTING: Under the direction of Section 3.08 (1) Appeal
Provisions, Petitioner seeks one (1) variance: 1) Chapter
17--Zoning Ordinance: Sections 5.02 (3) A Building Location:
Offsets. Said section restricts erecting, altering or relocating
any building so that it's no closer to any lot line than the
offset distance specified by the zoning of the district.
Petitioner seeks a four (4) foot variance from the west property
line to construct a garage addition eleven (11) feet from the west
property line. Zoning: RS-2, 20,000 square foot Single Family
Suburban Residence.
Mr. Trejo described the RS-2 zoning.
Mr. Schepp administered an oath to Mr. May. Mr. May explained the
property to the west is owned by the City of Muskego and is
unbuildable, the neighborhood committee of the subdivision does not
allow garden sheds, his home is the only one without a three car
garage. He recently got married and they combined two households,
storage is needed. Mr. May also stated he has received
architectural approval.
Mr. Ed Herda arrived at the meeting at 8:10 P.M.
Appeal # 09-96
Lawrence R. Keller, W182 S6573 Garnet Drive, Muskego, WI 53150
REQUESTING: Under the direction of Section 3.08 (1) Appeal
Provisions, Petitioner seeks two (2) variance: 1) Chapter
17--Zoning Ordinance: Section 4.06 (2) B.5, Nonconforming Use of
Structure (50% Restoration Rule) and Chapter 14--Flood lain Zoning
Ordinance: Section 6.1 (2) (D) and (E), Nonconforming Uses. Said
sections restrict repairs and alterations to a nonconforming
structure to 50% of their fair market value. Petitioner seeks to
restore an existing legal -nonconforming deck/pier to over 50% of
the assessed value. 2) Chapter 17--Zoning Ordinance: Sections
9.04 (7) E, Lake Shore District Offset Requirements. Petitioner
seeks a 35 foot variance from the western ordinary high water mark
to construct deck fifteen (15) feet from the western ordinary high
water mark. Zoning: RS-3/OLS, 15,000 square foot Single Family
Suburban Residence in a Lake Shore District.
Mr. Trejo explained the Floodplain Zoning Ordinance and Lake Shore
District Offset Requirements.
Mr. Schepp administered an oath to Mr. Keller. Mr. Keller stated
Leisa Nesta of WDNR had recently made an inspection of the red deck
over the water. She will be sending a letter granting approval of
its location. As for the deck on the north side of the property he
needed this for handicap accessibility. Mr. Keller stated he
applied for a deck permit and never received one. Mr. Trejo stated
Mr. Keller was informed at the time of application he would be
required to obtain a variance.
Mr. Mike Brandt arrived at the meeting at 8:45 P.M.
DELIBERATION OF APPEALS
APPEAL #4-96
Mr. O'Neil made a motion to approve Appeal #4-96. He amended the
appeal to read....357 foot variance. This variance is not
contradicting to the character of the neighborhood. The lack of a
firewall would not adversely affect public safety or jeopardize
public welfare. The hardship is the lack of storage and variances
for the size of the accessory structure have been previously
approved in the area. Mr. Schneiker seconded. Upon roll call
vote, motion carried. 4-0
APPEAL #5-96
Mr. Schneiker made a motion to amend and approve Appeal #5-96 to
include an addition to a legal nonconforming structure caused by
the existing 38' setback of the current garage, and the offset
variance requested is 1.651. The hardship is the location of the
existing structure and the lack of storage. Mr. O'Neil seconded,
upon roll call vote, motion carried. 4-0
APPEAL #6-96
Mr. O'Neil made a motion to approve Appeal #6--96 as submitted.
This is a large lot, the neighbors nor neighborhood will be
affected. The uppermost portion of this house will not be used as
habitable space. Hardship cited was that the literal enforcement
will not adversely affect public safety or jeopardize public
welfare and would adversely affect the architectural integrity of
the structure. Mr. O'Neil also requested that research should be
done in regards to height of residential structures by the
Planning Staff. Mr. Schepp seconded, upon roll call vote, motion
carried 4-0.
APPEAL #7-96
After much discussion regarding the location of new residence on
the lot, Mr. Schnieker made a motion to defer Appeal V-96, until
April. Mr. Schepp seconded. Upon roll call vote, motion to defer
carried.
APPEAL #8-96
Mr. Schepp made a motion to adopt Appeal #8-96 as presented.
Hardship being the location of the pre-existing structure and the
fact that accessory structures are not allowed. Mr. Schniiker
seconded, upon roll call vote, motion to adopt carried. 4-0
APPEAL #9-96
Mr. O'Neil made a motion to defer appeal #1 pending DNR approval
over the restoration of the existing pier and approve appeal #2 as
submitted. Hardship being the special need for handicap
accessibility to the home, and the limitations in regards to the
existing location of the home and the unique size and shape of
this site limiting accessibility. Mr. Herda seconded, upon roll
call vote, motion carried. 5-0.
ADJOURN
Mr. Brandt made a motion to adjourn, Mr. Herda seconded. With no
further business to come before this board, meeting adjourned at
10:30 P.M.
Respectfully submitted,
Susan J. Schroeder
Recording Secretary
CITY OF MUSKEGO
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN pursuant to Wisconsin State Statute 62.23
(3) 6. that a Public Hearing will be held at the Muskego City
Hall, W182 58200 Racine Avenue, at 7:00 P.M., Thursday, March 28,
1996, to consider the following petitions for appeals to the
Zoning Ordinance of the City of Muskego:
Appeal # 04-96
Jeff Davis
W219 57646 Crowbar Road
Muskego, WI 53150
REQUESTING: Under the direction of Section 3.08 (1)
Appeal Provisions, Petitioner seeks two (2) variances:
1) Chapter 17--Zoning Ordinance: Sections 8.01 (7) B.2
Individual District Regulations: Permitted Accessory
Uses. Said regulations limits the size of all accessory
buildings to 1% of the total lot area. Petitioner seeks
a 358 square foot variance to construct a 1,680 square
foot accessory structure.
2) Chapter 30--Building Code: W.U.B.C. Chapter XI,
Section 30.43 (3): Garages: Area. Said section sets
the maximum size of wood or metal frame constructed
garages at 720 square feet. Petitioner seeks a 960
square foot variance to permit construction of a 1,680
square foot detached garage structure.
Zoning is RCE, 120,000 square foot Single Family
Residential Country Estate.
Appeal # 05-96
Phil and Michelle Leighton
W181 56357 Lentini Drive
Muskego, WI 53150
REQUESTING: Under the direction of Section 3.08 (1)
Appeal Provisions, Petitioner seeks one (1) variance:
1) Chapter 17--Zoning Ordinance: Sections 5.02 (3) A
Building Location: Offsets. Said section restricts
erecting, altering or relocating any building so that
it's no closer to any lot line than the offset distance
specified by the zoning of the district. Petitioner
seeks a three (3) foot variance to construct an addition
to an existing garage twelve (12) feet from the northern
property line.
Zoning: RS-2, 20,000 square foot Single Family
Suburban Residence.
BOA 03/28/96
Page 2
Appeal #06-96
Kingfogl Construction Company
3145 N. 124th Street
Brookfield, WI 53005
REQUESTING: Under the direction of Section 3.08 (1)
Appeal Provisions, Petitioner seeks one (1) variance:
For:
Dave and Mary Stawski W198 56776 Adrian Drive
1) Chapter 17--ZoningOrdinance: Sections 5.03 (1)
Basic District Regulations: Height. Said section sets
the maximum height restricted to 30'. Petitioner seeks
a five (5) foot variance to construct a new residence
with a measured height of 35'.
Zoning: RS-1, 30,000 square foot Single Family
Suburban Residence.
Appeal # 07-96
Robert L. Gumieny
S92 W20372 Henneberry Drive
Muskego, WI 53150
REQUESTING: Under the direction of Section 3.08 (1)
Appeal Provisions, Petitioner seeks one (1) variance:
For the property located at:
NW 1/4 of Section 21, Tax Key No. 2242.998
1) Chapter 17--Zoning Ordinance: Sections 5.02 (3) A
Building Location: Offsets. Said section restricts
erecting, altering or relocating any building so that
it's no closer to any lot line than the offset distance
specified by the zoning of the district. Petitioner
seeks a five (5) foot variance from the north property
line and a two (2) foot variance from the south property
line to construct a new home ten (10) feet from the
nothern property line and thirteen (13) from the
southern property line.
Zoning: RS-1, 30,000 square foot Single Family
Suburban Residence.
Appeal # 08-96
Bradley D. May
S75 W13880 Bluhm Court
Muskego, WI 53150
REQUESTING: Under the direction of Section 3.08 (1)
Appeal Provisions, Petitioner seeks one (1) variance:
1) Chapter 17--Zoning Ordinance: Sections 5.02 (3) A
Building Location: Offsets. Said section restricts
erecting, altering or relocating any building so that
BOA 03/28/96
Page 3
it's no closer to any lot line than the offset distance
specified by the zoning of the district. Petitioner
seeks a four (4) foot variance from the west property
line to construct a garage addition eleven (11) feet
from the west property line.
Zoning: RS-2, 20,000 square foot Single Family
Suburban Residence.
Appeal # 09-96
Lawrence R. Keller
W182 S6573 Garnet Drive
Muskego, WI 53150
REQUESTING: Under the direction of Section 3.08 (1)
Appeal Provisions, Petitioner seeks one (2) variance:
1) Chapter 17--Zoning_ Ordinance_: Section 4.06 (2) B.5,
Nonconforming Use of Structure (50% Restoration Rule)
and Chapter 14--Flood lain Zoning Ordinance: Section 6.1
(2) (D) and (E), Nonconforming Uses. Said sections
restrict repairs and alterations to a nonconforming
structure to 50% of their fair market value. Petitioner
seeks to restore an existing legal -nonconforming
deck/pier to over 50% of the assessed value.
2) Chapter 17--Zoning Ordinance: Sections 9.04 (7) E,
Lake Shore District Offset Reqirements. Petitioner
seeks a 35 foot variance from the western ordinary high
water mark to construct deck fifteen (15) feet from the
western ordinary high water mark.
Zoning: RS-3/OLS, 15,000 square foot Single Family
Suburban Residence in a Lake Shore District.
NOTICE OF CLOSED SESSION:
PLEASE TAKE NOTICE that the Board of Appeals of the City of
Muskego may convene, upon passage of the proper motion, into
closed session pursuant to Section 19.85 (1) (a) of the State
Statutes for the purpose of deliberating concerning cases which
were the subject of a quasi-judicial hearing; said cases being the
above listed appeals.
The Board of Appeals will then reconvene into open session.
Detailed descriptions are available for public inspection at the
Clerk's office. All interested parties will be given an
opportunity to be heard.
Board of Appeals
City of Muskego
Donald Pionek, Chairman
BOA 03/28/96
Page 4
Dated this 15th day of March, 1996
PLEASE NOTE: ,t 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 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, City Clerk, at Muskego City Hall, 619-5625.
Also, Board of Appeals members may conduct site visits for informational purposes.
CITY OF MUSKEGO
BOARD OF APPEALS
Application for variance
Applicants Name o i— .� Gu Wj t
512- Cd.20371 Ale4.feAely 0-
Subject Property Address: ,CaF,� te'I s SIa
Telephone e,/ 7 9- oo G 571)
Property Zoning_ _ c) , l Key # /�I S h C ) 2 9'1 7 f?
Petitioner's relationship to property (circle applicable):
Cowner lessee other
Fees: $125.00
Date inspector denied permit: f
Requesting variance to Section 58C �? 0'2 1 3� A
To allow:
l•�irl �l �:,rr�a� .5(.__,tti lr�i�{L-ti�t.r..c'C �U �7GeJS�
A literal enforcement of the terms of the above -referenced section
would result in practical difficulty and unnecessary hardship
because:
The variance, if granted, will not be contrary to the public
interest and will be in accord with the spirit of the code because:
T7-C � lL�f 5 :e - > � �,• - G �.cv�/cs�<r�' !.-if � �-,.� �, �-�- �k�s� ��-�`i
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The variance, if granted, will not adversely affect public safety
or jeopardize public welfare because:
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