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Zoning Board of Appeals 07-1997CITY OF MUSKEGO BOARD OF APPEALS MINUTES OF APRIL 24, 1997 MEETING PRESENT: Chairman Terry O'Neil, Vice Chairman Mike Brandt, Henry Schneiker, Ed Herda, Heather Schuster and James Ross. MINUTES: Ms. Schuster made a motion to accept the minutes from March 27, 1997, meeting. Mr. Schneiker seconded, upon voice vote, motion carried. OLD BUSINESS: Signing of decision letters for Appeal 5-97 and Appeal 6-97. Appeal # 07-97 Anne and Michael Recknagel, W190 S7096 Wentland Drive. REQUESTING: Under the direction of Section 3.08 (1) Appeal Provisions, Petitioner seeks two (2) variances: 1. Chapter 17--Zoning Ordinance: Section 5.02 (3) A.1 Building Location Offsets. Said regulation requires a 7.5 foot offset from the northern property line. Petitioner seeks a 4.6 foot variance to build an addition to the rear of the home 2.9 feet from the northern property line. 2. Chapter 17--ZoningOrdinance: Section 4.06 (2) A.1 Legal Nonconformity: Classification and Regulation. No such structure may be expanded or enlarged except in conformity with the regulations of the district in which it is located. Petitioner seeks to construct an addition 2.9 feet from the northern property line. Zoned: RS-3/OLS, Suburban Residence District with a Lake Shore Overlay. This appeal was deferred from the March 27, 1997, meeting to allow appellant time to consider the total remodeling job. Mr. Brandt swore in Anne and Michael Recknagel as well as neighbor Barbara LaMere. Mr. Trejo stated the proposed addition would be within the 50% assessed value and the month deferral allowed for neighbors to review the proposed addition. The revised plans now angle the deck 45 degrees with a wrap around deck within the compliance area. Mrs. LaMere stated she had concerns in regards to the original plans because the extension would block views of the lake from her home, however, she finds the new plans acceptable and has no objections to the expansion. No other calls from neighbors were received in regards to this issue. NEW BUSINESS Appeal # 08-97, Jeannine and William Deering, W213 S7463 Annes Way. REQUESTING: Under the direction of Section 3.08 (1) Appeal Provisions, Petitioner seeks two (2) variances: 1. Chapter 30--Building Code: Said regulation restricts the interior area of a wood framed accessory structure to 720 square feet. Petitioner seeks a 288 square foot variance to permit a 1008 square foot accessory structure without a dividing firewall. 2. Chapter 30--Building Code: Chapter XI, Section 30.43 (5) Floor Surface: Said regulation requires the floor surface of all private garages to be of concrete construction and sloped toward the exterior garage door or opening. Zoned: RCE, Country Estate District. Mr. Brandt swore in Jeannine Deering. Mr. Trejo stated that under the advice from the City's attorneys, staff would be recommending that this appeal (Appeal #8-97), and Appeals #9-97 and Appeal #11-97 request no. 2, be deferred. All three of these items deal with issues in regards to the City's building code, and under the interpretation of the City's attorneys, items dealing with building code issues are not appealable, and the Board is not allowed to vary building codes, as they have no authority under the state statutes. The Board of Appeals may only hear appeals regarding an inspector's interpretation of a building code. Counsel recommends deferral of Appeals #8-97, 9-97, and 11-97 request no. 2, due to the fact they all are requesting a variance from building codes and not from an administrative interpretation or a zoning code, until further interpretation is available. Mr. Trejo stated he will make every effort to obtain an interpretation and schedule a special meeting prior to the regular May meeting. Ms. Schuster made a motion to defer Appeals #8-97 and #9-97 and Appeal #I1-97, request no. 2. Mr. Schneiker seconded. After discussion regarding the Board of Appeals inability to hear these appeals, a role call vote was called. The motion to defer passed 3-2, with Chairman O'Neil and Mr. Herda voting nay. Appeal # 09-97, Curt and Collette Klenz, W166 S8282 Kurtze Lane REQUESTING: Under the direction of Section 3.08 (1) Appeal Provisions, Petitioner seeks one (1) variance: 1. Chapter 30--Building Code: Chapter IV Design, Section 30.15 General Requirements. Said regulation requires the ceiling height of all habitable rooms to have a minimum ceiling height of seven (7) feet six (6) inches. Petitioner seeks a seven (7) foot ceiling space in a habitable basement space. Zoned: RS-3/OLS, Residential Suburban District with a Lake Shore Overlay. DEFERRED. Appeal # 10-97, Ronald P. and Joanne L. Knox, W180 S6807 Muskego Drive REQUESTING: Under the direction of Section 3.08 (1) Appeal Provisions, Petitioner seeks two (2) variance: 1. Chapter 17--Zoning_ Ordinance: Section 5.02 (3) Building Location: Offsets. Said regulation requires a minimum five (5) foot offset from the northern property line. Petitioner seeks a 1.5 foot variance to build an addition 3.5 feet from the northern property line. 2. Chapter 17--ZoningOrdinance: Section 5.03 Height. Said regulation limits the height of an accessory structure to fifteen (15) feet from grade at entry to peak of roof. Petitioner seeks a 4.3 foot variance to build a gazebo 19.3 feet high. Zoned: RS-3/OLS, Residential Suburban District with a Lake Shore Overlay. Mr. Jim Ross stepped down on this appeal. Mr. Brandt administered an oath to Mr. Knox. Mr. Trejo described the zoning of the lot. Mr. Knox stated he plans of building a gazebo on top of an extension to an existing deck as this is the only location available. If it were built on the ground, it would be located in the middle of the of the existing deck stairs. Also there is a tree that the existing deck is built around, this cannot be moved, and also the view would be lost. Mr. Trejo explained the grade is measured from the grade of entry. In this case, Mr. Knox has place the gazebo on top of a raised deck. In order to apply the ordinance fairly to all property owners, the grade is measured from ground grade, not at the point of entry. Mr. Knox stated this structure would still be lower than the highest point of the house and lower than the neighbor's house. Mr. Knox has a letter from the neighbor granting his approval. Mr. Trejo questioned the hardship applicable to both the offset and height. Mr. Knox stated the deck would need to be reconfigured and the loss of the view. Appeal # 11-97, Steven B. Brauch, S69 W16706 Martin Drive REQUESTING: Under the direction of Section 3.08 (1) Appeal Provisions, Petitioner seeks two (2) variances: 1. Chapter 17--ZoningOrdinance: Section 4.05 (2) C.4 Accessory Structures: Permanent Structures. Said regulation restricts the square footage of total outbuildings to 60% of the floor area of the principal building on the lot. Petitioner seeks a 113% variance to a build an accessory structure totaling 173% of the floor area of the principal building on the lot. 2. Chapter 30--Building Code: Chapter XI, Section 30.43 (3) (c) Garages: General Requirements. Said regulation restricts the interior area of a wood framed accessory structure to 720 square feet. Petitioner seeks a 112 square foot variance to permit a 832 square foot accessory structure without a dividing firewall. Zoned: RS-1, Suburban Residence District. Mr. Jim Ross stepped down on this appeal. Chairman O'Neil stated the Board would only hear the first half of this appeal, the portion regarding the zoning for an accessory structure. Mr. Brandt swore in Steven Brauch, Paul Brauch and Edith Hofrichter. Mr. Trejo stated the residence on this property has a foot print of 480 square feet not the 1600 square feet allowed by this zoning area. Mr. Brauch is requesting a 26' by 32' garage to park his handicap accessible van and place storage in. Mr. Brauch does not wish to attach the garage to his home as that would restrict future expansion of his residence. Mr. Brauch stated he plans in the future also to divide his lot which further limits the expansion of his residence. Mrs. Hofrichter is concerned that a garage of this size would affect the sale of her home this summer. On the advice of her attorney, she is objecting to the oversize structure being built. Mr. O'Neil stated there would be 200 feet from the property line to her residence. DELIBERATIONS Mr. Trejo stated, that prior to the deliberations of today's appeals, Attorney Eric Larson, from Arnez, Molter, Macy & Riffle, the City's contracted attorneys, would speak in regards hardship and variance standards. Mr. Brandt made a motion to allow Attorney Larson to speak regarding variance standards, Mr. Ross seconded. Upon roll call vote, the motion carried 5-1, Mr. Herda voting nay. Attorney Larson discussed the three statutory standards required to issue a variance: 1. Unnecessary Hardship, where the absence of a variance, an owner can make no feasible use of a property. 2. Unique property Limitation, unique physical characteristics of the property, not the desires of or conditions personal to the applicant, must prevent the applicant from developing in compliance with the zoning ordinance. 3. Protection of the Public Interest, granting of a variance must not harm the public interest. Attorney Larson went further to explain financial limitations and self-imposed hardships are not to be taken into consideration. APPEAL #7-94 Mr. Brandt made a motion hardship. Ms. Schuster a short discuss. Motion nay, and Mr. Ross's vote APPEAL #8-97 *Deferred* APPEAL #9-97 *Deferred* to deny Appeal #7-97, due to the lack of seconded. Roll call vote was taken after carried 3-2, with Brandt and Herda voting not counting as he is second alternate. APPEAL #10-97 Mr. Schneiker made a motion to defer Appeal #10 and Appeal #11 until the Board of Appeals receives direction from counsel. Mr. Brandt seconded. Upon roll call vote, motion carried unanimously. APPEAL #11-97 *Deferred with Appeal #10-97* ADJOURN: Mike Brandt made a motion to adjourn. Ed Herda seconded. With no further business to come before this Board, the meeting adjourned at 10:45 P.M. Respectfully submitted, Susan J. Schroeder Recording Secretary 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 Wisconsin Room at the Muskego City Hall, W182 S8200 Racine Avenue, at 7:00 P.M., Thursday, April 24, 1997, 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. APPROVAL OF MINUTES OF THE MARCH 27, 1997 MEETING 5. OLD BUSINESS 1. Signing of decision letter from the March 27, 1997 meeting. 2. Appeal # 07-97 Anne and Micheal Recknagel W190 S7096 Wentland Drive Muskego, WI 53150 REQUESTING: Under the direction of Section 3.08 (1) Appeal Provisions, Petitioner seeks two (2) variances: 1. Chapter 17--Zoning Ordinance: Section 5.02 (3) A.1 Building Location : Offsets. Said regulation requires a 7.5 foot offset from the northern property line. Petitioner seeks a 4.6 foot variance to build an addition to the rear of the home 2.9 feet from the northern property line. 2. Chapter 17--Zoning Ordinance: Section 4.06 (2) A.1 Legal Nonconformity: Classification and Regulation. No such structure may be expanded or enlarged except in conformity with the regulations of the district in which it is located. Petitioner seeks to construct an addition 2.9 feet from the northern property line. Zoned: RS-3/OLS, Suburban Residence District with a Lake Shore Overlay. BOA 04/24/97 Page 2 6. NEW BUSINESS Appeal # 08-97 Jeannine and William Deering W213 S7483 Annes Way Muskego, WI 53150 REQUESTING: Under the direction of Section 3.08 (1) Appeal Provisions, Petitioner seeks two (2) variances: 1. Chapter 30--Building Code: Said regulation restricts the interior area of a wood framed accessory structure to 720 square feet. Petitioner seeks a 288 square foot variance to permit a 1008 square foot accessory structure without a dividing firewall. 2. Chapter 30--Building Code: Chapter XI, Section 30.43 (5) Floor Surface: Said regulation requires the floor surface of all private garages to be of concrete construction and sloped toward the exterior garage door or opening. Zoned: RCE, Country Estate District. Appeal # 09-97 Curt and Collette Klenz W166 S8282 Kurtze Lane Muskego, WI 53150 REQUESTING: Under the direction of Section 3.08 (1) Appeal Provisions, Petitioner seeks one (1) variance: 1. Chapter 30--Building Code: Chapter IV Design, Section 30.15 General Requirements. Said regulation requires the ceiling height of all habitable rooms to have a minimum ceiling height of seven (7) feet six (6) inches. Petitioner seeks a seven (7) foot ceiling space in a habitable basement space. Zoned: RS-3/OLS, Residential Suburban District with a Lake Shore Overlay. Appeal # 10-97 Ronald P. and Joanne L. Knox W180 S6807 Muskego 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 5.02 (3) Building Location: Offsets. Said regulation requires a minimum five (5) foot offset from the northern property BOA 04/24/97 Page 3 line. Petitioner seeks a 1.5 foot variance to build an addition 3.5 feet from the northern property line. 2. Chapter 17--Zoning Ordinance: Section 5.03 Height. Said regulation limits the height of an accessory structure to fifteen (15) feet from grade at entry to peak of roof. Petitioner seeks a 4.3 foot variance to build a gazebo 19.3 feet high. Zoned: RS-3/OLS, Residential Suburban District with a Lake Shore Overlay. Appeal # 11-97 Stven B. Brauch S69 W16706 Martin Drive Muskego, WI 53150 REQUESTING: Under the direction of Section 3.08 (1) Appeal Provisions, Petitioner seeks two (2) variances: 1. Chapter 17--Zoning Ordinance: Section 4.05 (2) CA Accessory Structures: Permanent Structures. Said regulation restricts the square footage of total outbuildings to 60% of the floor area of the principal building on the lot. Petitioner seeks a 113% variance to a build an accessory structure totaling 173% of the floor area of the principal building on the lot. 2. Chapter 30--Building Code: Chapter XI, Section 30.43 (3) (c) Garages: General Requirements. Said regulation restricts the interior area of a wood framed accessory structure to 720 square feet. Petitioner seeks a 112 square foot variance to permit a 832 square foot accessory structure without a dividing firewall. Zoned: RS-1, Suburban Residence District. 7. Miscellaneous Business. None 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 BOA 04/24/97 Page 4 Clerk's office. All interested parties will be given an opportunity to be heard. Board of Appeals City of Muskego Terry O'Neil, Chairman Dated this llth day of April, 1997 PLEASE NOTE: 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 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, 679-5625. Also, Hoard of Appeals members may conduct site visits for informational purposes. a:_ L CITY OF MUSKEGO Mr. and Mrs. Michael Recknagel W190 S7096 Wentland Drive Muskego, WI 53150 RE: Board of -Appeal #7-97 Dear Mr. and Mrs. Recknagel: 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, Sections 5.02(3) A.1 and Section 4.06(2) A.1 were deferred to allow Planning Department Staff to review additional request from the petitioner. The Board of Appeals will hear this appeal within the next 90 days, please govern yourself accordingly. Sincerely, S�c-� - S Susan J. S roeder Recording Secretary W182 S8200 Racine Avenue 0 Box 903 • Muskego, Wisconsin 53150-0903 • Fax (414) 679-5614 CITY OF MUSKEGO BOARD OF APPEALS MINUTES OF MARCH 27, 1997 MEETING PRESENT: Chairman Terry O'Neil, Vice Chairman Mike Brandt, Dan Schepp, Henry Schneiker, Ed Herda, Heather Schuster, and dim Ross. The secretary reported the meeting was properly noticed in accordance with the Open Meeting Law. MINUTES: Mr. Herda made a motion to accept the amended minutes from the February 27, 1997 meeting. Mr. Brandt seconded, upon voice vote, motion carried. NEW BUSINESS:Appeal # 05-97 Jerome Stenstrup, W198 510857 Racine Avenue. REQUESTING: Under the direction of Section 3.08 (1) Appeal Provisions, Petitioner seeks two (2) variances: 1. Chapter 17--Zoning Ordinance: Section 5.02 (2) B Building Location: Setbacks. Said regulation requires a 40 setback from the road right-of-way. Petitioner seeks a 15 foot variance to build an addition 25 feet from the road right-of-way. 2. Chapter 17--Zonis Ordinance: Section 4.06 (2) A.1 Legal Nonconformity: Classification and Regulation. No such structure may be expanded or enlarged except in conformity with the regulations of the district in which it is located. Petitioner seeks to construct a 7 foot covered walkway within the setback area of the property. Zoned: RS-2/OLR, Suburban Residence District with a Lake Recreation Overlay. Mr. Trejo described the zoning. Mr. Brandt administered an oath to Mr. Jerome Stenstrup. Mr. Stenstrup stated his concept for the building has been to have an old saloon atmosphere. The Plan Commission has approved the concept and stated a variance would be required. Mr. Stenstrup would like to place a covered walkway along the front of the building, the side of Racine Avenue. The building is roughly over a foot higher than ground grade, and the entry would require a step-up access. Mr. Stenstrup would like to place the required handicap access along this side of the building, covered along the walkway. The hardship being the pre-existing location of the building, the expanded right-of-way of Racine Avenue due to the ulitmate right-of-way plan of 2010, and safety conditions for the handicap ramp. Appeal # 06-97 Andy and Lynn Mack, S66 W15271 Woodland Place REQUESTING: Under the direction of Section 3.08 (1) Appeal Provisions, Petitioner seeks three (3) variances: 1. Chapter 17--ZoningOrdinance: Section 5.02 (2) B Building Location: Setbacks. Said regulation requires a 40 setback from the road right-of-way. Petitioner seeks a 2 foot variance to build an accessory structure 38 feet from the road right-of-way. 2. Chapter 17--Zoning Ordinance: Section 4.05 (2) C.4 Accessory Structures: Permanent Structures. Said regulation restricts the square footage of total outbuildings to 60% of the floor area of the principal building on the lot. Petitioner seeks a 20% variance to a build an accessory structure totaling 80% of the floor area of the principal building on the lot. 3. Chapter 30--Buildingode: Chapter XI, Section 30.43 (3) (c) Garages: General Requirements. Said regulation restricts the interior area of a wood framed accessory structure to 720 square feet. Petitioner seeks a 216 square foot variance to permit a 936 square foot accessory structure without a dividing firewall. The property zoned RS-1, Suburban Residence district. Mr. Brandt administered an oath to Andy and Lynn Mack. Mr. Trejo described the zoning and stated the house is smaller than required 1600 square foot requirement for this zoning district. This was similar to over 60% of the homes in the Glenbrook Subdivision. If the house were the proper size, a variance would not be necessary to allow a 26' by 36' garage. Mr. Mack stated the current garage structure would be removed and the concrete would also be removed, They have run out of garage space. The garage could not be built facing Lawnsdale Place for fear of vandals breaking into the garage. The service truck should be inside the garage, however, if they build a firewall they would have no mobility inside the garage. The setback would not hinder Lawnsdale Place, since it is a dead-end street. Mr. Trejo stated the residence does have a basement and there is room available on the lot to shift the structure two feet in the other direction. Appeal # 07-97 Anne and Michael Recknagel, W190 57096 Wentland Drive REQUESTING: Under the direction of Section 3.08 (1) Appeal Provisions, Petitioner seeks two (2) variances: 1. Chapter 17--Zonina Ordinance: Section 5.02 (3) A.1 Building Location Offsets. Said regulation requires a 7.5 foot offset from the northern property line. Petitioner seeks a 4.6 foot variance to build an addition to the rear of the home 2.9 feet from the northern property line. 2. Chapter 17--Zoning Ordinance: Section 4.06 (2) A.1 Legal Nonconformity: Classification and Regulation. No such structure may be expanded or enlarged except in conformity with the regulations of the district in which it is located. Petitioner seeks to construct an addition 2.9 feet from the northern property line. The property is zoned RS-3/OLS, Suburban Residence District with a Lake Shore Overlay. Mr. Brandt administered an oath to Anne and Michael Recknagel. Mr. Trejo stated Mr. Recknagel submitted a new plan just prior to the meeting and staff has not had a chance to review the plan. When reviewing the plans submitted at the time of the application, it was noted that the existing garage, which received a variance for setbacks, was mistakenly approved to be place to close to the northern property line. This now had set both structures, the home and the garage, out of compliance. it would be best to apply the larger offset, 7.5 feet, to the addition and home, that way the garage structure would stay in compliance with the zoning district. This would avoid unnecessary problems for the petitioner in the future. Mr. Trejo also stated that a neighbor had called in for information on the variance, and that Mr. Trejo miss informed the neighbor about the addition due to the new change in plans. Mr. Schnieker made a motion to defer Appeal 97-7 to allow time for the appellant to meet with staff and review proposed plan. Neighbors have been misinformed as to what is ultimately proposed. There will re three time limit roll callreturn vote,the motgonrdoaf Appeals. M Schepp secondedUpon defer was approved unanimously. DELIBERATIONS APPEAL #05-97 Mr. Schneiker made a motion to approve the appeals as submitted due to safety and pre-existing location of structure on the lot. Also, it would cause undue hardship to move the entrance. Granting this variance would not be adverse to public safety and is within the spirit of the code nor contrary to the character of the neighborhood. Mr. Herda seconded. Upon roll call vote, motion was approved 6 to 1, Mr. Schepp voted nay. APPEAL #6--97 Mr. Schepp made a motion to approve the 936 square foot garage due to the fact it is in accordance with the zoning and approve the request not to install the firewall due to the fact this proposed to be removed from the code and it would hinder access within the structure. Mr. Schepp denied the variance for the location; there were other alternatives in terms of location or size of the structure, therefore, there was no hardship in granting said request. Ms. Schuster seconded. Upon roll call vote, the motion passed unanimously. ADJOURN: Mr. Brandt made a motion to adjourn. Mr. Schepp seconded. With no further business to come before this Board, the meeting adjourned at 9:15 P.M. Respectfully submitted, Susan J. Schroeder Recording Secretary 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 Wisconsin Room at the Muskego City Hall, W182 S8200 Racine Avenue, at 7:00 P.M., Thursday, March 27, 1997, 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. APPROVAL OF MINUTES OF THE :EBRUARY 27, 1997 MEETING 5. OLD BUSINESS 1. Signing of decision letter from the March 27, 1997 meeting. 6. NEW BUSINESS Appeal # 05-97 Jerome Stens'Yrup W198 S10857 Racine Avenue Muskego, WI 53150 REQUESTING: Under the direction of Section 3.08 (1) Appeal Provisions, Petitioner seeks two (2) variances: 1. Chapter 17--Zoning Ordinance: Section 5.02 (2) B Building Location: Setbacks. Said regulation requires a 40 setback from the road right-of-way. Petitioner seeks a 15 foot variance to build an addition 25 feet from the road right--of-way. 2. Chapter 17--Zoning Ordinance: Section 4.06 (2) A.1 Legal Nonconformity: Classification and Regulation. No such structure may be expanded or enlarged except in conformity with the regulations of the district in which it is located. Petitioner seeks to construct a 7 foot covered walkw4y within the setback area of the property. Zoned: RS-2/OLR, Suburban Residence District with a Lake Recreation Overlay. BOA 03/27/97 Page 2 Appeal # 06-97 Andy and Lynn Mack S66 W15271 Woodland Place Muskego, WI 53150 REQUESTING: Under the direction of Section 3.08 (1) Appeal Provisions, Petitioner seeks three (3) variances: 1. Chapter 17--ZoningOrdinance: Section 5.02 (2) B Building Location: Setbacks. Said regulation requires a 40 setback from the road right-of-way. Petitioner seeks a 2 foot variance to build an accessory structure 38 feet from the road right-of-way. 2. Chapter 17--ZoningOrdinance: Section 4.05 (2) CA Accessory Structures: Permanent Structures. Said regulation restricts the square footage of total outbuildings to 60% of the floor area of the principal building on the lot. Petitioner seeks a 20% variance to a build an accessory structure totaling 80% of the floor area of the principal building on the lot. 3. Chapter 30--Building Code: Chapter XI, Section 30.43 (3) (c) Garages: General Requirements. Said regulation restricts the interior area of a wood framed accessory structure to 720 square feet. Petitioner seeks a 216 square foot variance to permit a 936 square foot accessory structure without a dividing firewall. Zoned: RS-1, Suburban Residence District Appeal # 07-97 Anne and Micheal Recknagel W190 57096 Wentland Drive Muskego, WI 53150 REQUESTING: Under the direction of Section 3.08 (1) Appeal Provisions, Petitioner seeks two (2) variances: 1. Chapter 17--Zoning Ordinance_: Section 5.02 (3) A.1 Building Location : Offsets. Said regulation requires a 7.5 foot offset from the northern property line. Petitioner seeks a 4.6 foot variance to build an addition to the rear of the home 2.9 feet from the northern property line. 2. Chapter 17--ZoningOrdinance: Section 4.06 (2) A.1 Legal Nonconformity: Classification and Regulation. No such structure may be expanded or enlarged except in conformity with the regulations of the district in which it is located. Petitioner seeks to construct an addition 2.9 feet from the northern property line. Zoned: RS-3/OLS, Suburban Residence District with a Lake Shore Overlay. BOA 03/27/97 Page 3 7. Miscellaneous Business. None 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 Terry O'Neil, Chairman Dated this 14th day of March, 1997 PLEASE NOTE: 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 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, 679-5625. Also, Board of Appeals members may conduct site visits for informational purposes.