Zoning Board of Appeals 07-1998Appeal #07-98
Robert Scaffidi
W 181 S7825 Valley Drive
Muskego, WI 53150
Tax Key No. 2195.935
REQUESTING: Under the direction of Section 3.08 (1) Appeal Provisions. Petitioner seeks the
following variance:
1. Chapter 17--ZoningOrdinance: Section 5.02 (3) A.1 Building Location: Offsets. No structure shall be
erected, structurally altered or relocated on a lot except within conformity with the district it is located.
Petitioner seeks a 3.7 foot variance to place a new accessory structure five (5) feet from the south property
line. (zoning requirement is discounted to 8.7 feet)
2. Chapter 17--Zoning Ordinance: Section 4.05 (2) CA, Accessory Uses and Structures, Permanent
Structures. Said regulation states that the total square footage of outbuildings should not exceed 60% of
the floor area of the principal building on the lot. Petitioner seeks a 132 square foot variance to maintain
a total of 740 square feet of accessory buildings. (zoning requirement is 608 s.f.)
Zoned: RS-3, Suburban Residence District
DECISION OF THE BOARD OF APPEALS
Motion to amend the hardship requested to allow for the requested size variance and deny the request for an offset
variance. The hardship cited was lack of storage, and the nonconformance of the house size as compared to the
minimum honing requirement and)04 of hardship for jhe location of the structure.
"�-e
Approved
Chairman O'Neil
�&,
Approved
Vice Chairman Sc neiker
Absent
m77):R)Oss�
Approved
Member Schepp
Absent
Member Brandt
Absent
Member Conley (1st }
. ,a_. ✓�,�
Approved
Member Le Doux (2nd Alt.
CITY OF MUSKEGO
MINUTES OF JULY 2, 1998
PRESENT: Chairman Terry O'Neil, Vice Chairman Henry Schneiker, Dan Schepp and William LeDoux. Also
present was Assistant Planning Director Carlos Trejo.
ABSENT: Michael Brandt, James Ross and David Conley.
STATEMENT OF PUBLIC NOTICE: Secretary reported notice was given June 12, 1998, in accordance with
Open Meeting Laws.
MNUTES: Mr. Schepp made a motion to approve the May 28, 1998, minutes as submitted. Mr. Schneiker
seconded. Upon voice vote, motion carried.
OLD BUSINESS: Signing of decision letters for the April, 1998 meeting was deferred to July 23, 1998.
NEW BUSINESS Appeal #07-98, Robert Scaffidi, W181 S7825 Valley Drive, Tax Key No. 2195.935
REQUESTING: Under the direction of Section 3.08 (1) Appeal Provisions, Petitioner seeks the following
variance: Chapter 17--Zoning Ordinance: Section 5.02 (3) A.1 Building Location: Offsets. No structure shall be
erected, structurally altered or relocated on a lot except within conformity with the district it is located. Petitioner
seeks a 3.7 foot variance to place a new accessory structure five (5) feet from the south property line. (zoning
requirement is discounted to 8.7 feet) Chapter 17--Zonin;e Ordinance: Section 4.05 (2) CA, Accessory Uses and
Structures, Permanent Structures. Said regulation states that the total square footage of outbuildings should not
exceed 60% of the floor area of the principal building on the lot. Petitioner seeks a 132 square foot variance to
maintain a total of 740 square feet of accessory buildings. (zoning requirement is 608 s.f.)
Zoned: RS-3, Suburban Residence District
Mr. Schneiker administered an oath to Robert and Rosalie Scaffidi. Mr. Scaffidi explained he wishes to move the
garage closer to the lot line to allow a car to drive directly into the garage and not have the driveway adjacent to
the exit from the rear of the home for safety concerns. The house has no basement or attic and does not allow any
room for storage.
Carlos Trejo explained RS-3 requires 100' width, this lot is only 87' wide and an offset reduction is provided in the
ordinance to assist property owners utilize additional area of there property. The 60% rule allows a 608 square feet
for accessory buildings, petitioner is requesting a 132 square foot variance. There is an existing 8X8 storage shed
on the property. Mr. Trejo explained there are still other options available to the appellant, attaching the garage
and/or adding to the home. No hardship has been addressed to justify placing the garage closer to the lot line. The
safety issue can be addressed in several ways and do not justify a hardship in terms for the garage placement.
Mr. Scaffidi stated he was not aware that the City permits two (2) feet of overhang to extend in the offset areas, but
requested the 3.7 foot variance.
DELIBERATION:
APPEAL #7-98 Mr. Schepp made a motion to approve Appeal #7-98, as submitted. Mr. Le Doux seconded.
Discussion ensued over the justification for a hardship. Mr. Schepp amended his motion to accept the size
variance due to the lack of storage and the nonconformance of the house size as compared to the minimum zoning
requirement and to deny the offset due to lack of a hardship. Mr. Le Doux seconded the amendment. Upon roll
call vote, the amended motion carried, 4-0.
ADJOURN: With no further business to come before this Board, Mr. Schneiker made a motion to adjourn at 7:40
P.M. Mr. Schepp seconded. After a voice vote, the motion to adjourn carried.
BOA 06/25/98
Page 2
Respectfully submitted,
Susan I Schroeder
Recording Secretary
BOARD OF APPEALS 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
hel a Muskego Room, West at the Muskego City Hall, W182 S8200 Racine Avenue, at 7:00 P.M., Thursday,
5, 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 MAY 28, 1998, MEETING. Q&n Jatrf Qy
5. OLD BUSINESS
Signing of decision letters for the May, 1998 meeting.
r
6. NEW BUSINESS"i 8i k j l
y1iL - T'a bint�htt1L, Mn C&A /31Ir►C
Appeal #07-98
Robert Scaffidi L
W 181 S7825 Valley Drive Y
Muskego, WI 53150 /\
Tax Key No. 2195.935
REQUESTING: Under the direction of Section 3.08 (1) Appeal Provisions, Petitioner seeks the
following variance:
1. Chapter 17--Zoning Ordinance: Section 5.02 (3) A.1 Building Location: Offsets. No structure shall be
erected, structurally altered or relocated on a lot except within conformity with the district it is located.
v Petitioner seeks a 3.7 foot variance to place a new accessory structure five (5) feet from the south property
line. (zoning requirement is discounted to 8.7 feet)
2. Chapter 17--Zoniniz Ordinance: Section 4.05 (2) CA, Accessory Uses and Structures, Permanent
Structures. Said regulation states that the total square footage of outbuildings should not exceed 60% of
the floor area of the principal building on the lot. Petitioner seeks a 132 square foot variance to maintain
a total of 740 square feet of accessory buildings. (zoning requirement is 608 s.f.)
Zoned: RS-3, 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
BOA 06/2"8
Page 2
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 12th day of June,1998
NOTICE
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.
NOTICE
"Please note that, 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 Marenda at City Hall, W182
S8200 Racine Avenue, (414) 679-5625."
CITY OF 1USKEGO
BOARD OF APPEALS
Application for Variance
Applicants Name >ber+ O e 5CQ 8 i
Subject Property Address: {, 5TR,25 UQ ( I fV Q r.
Telephone q _ V1 � (p
Property Zoning
Key #
Petitioner's relationship to property (circle applicable):
owner lessee other
Fees: $195.00
Date inspector denied permit:
Requesting variance to Section
To allow: ! F2o.M ,$c� 71� L-e-T L F,_ ,1,-)0 jc 4004LO
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over
l r nur propfri:1t.
A literal enforcement of the terms of the above -referenced section
would result in practical difficulty and unnecessary hardship
because:
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The variance, if granted, will not be contrary to the public
interest and will be in accord with the spirit of the code because:
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The variance, if granted, will not adversely affect public safety
or jeopardize public welfare because:
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PREPARED FOR
October 9, 1986 p�qT OF SURVEY w-441-35170 job Wo....
Date....................................... .................................
All that part of the Southwest 1/4 of Section 9, Town 5 North, Range 20 East, City of Muskego,
Waukesha county, Wisconsin, bounded and described as follows: Commencing at the South 1/4 corner
of said Section 9; thence West along the South line of the Section 213.18 feet to the center
line of County Trunk Highway "Y"; thence North 9037' East along said center line 370.69 feet;
thence WEst parallel to the South line of the Section 310.12 feet to the West line of Valley
Drive; thence North 4000' East along the West line of Valley Drive, 261.00 feet to the place of
beginning of the parcel hereinafter described; thence continuing North 4000' East along the
West line of said Drive, 87.00 feet; thence West 173.00 feet; thence South 4000' West 87.00
feet; thence East 173.00 feet to the place of beginning.
}� Located at W181 S7825 Valley Drive
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Every attempt has been made to avoid errors in the preparation of this plan. Therefore, Copvnght �1 1997. Published by Somerset Publishing
Somerset Publishing Inc, cannot guarantee against human error.Thc builder must check for A Incorporated. Minrteapohs, MN. Adl rights reserved,
information, dimensions and details in this plan, itcluding the matcriais [ailed for in the con- including the right of reproduction. in whole or in
struction ofthis plan. Somerset Publishing Inc. is umbke to accept liability above the purchase part, and in any form.
price of these plans. Please report any errors or omissions of this plan to Somerset Publishing;
,.—.r.,.__c---.vF v1:--I;3 MN55418.
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