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Zoning Board of Appeals 07-1999-Ah CITY of MUSKEGO ft�c August, 1999 Mr. and Mrs. Dennis Ambrosh S64 W 19044 School Drive Muskego, WI 53150 RE: Board of Appeal #7-99 Dear Mr. and Mrs. Dennis Ambrosh: The Board of Appeals wished to advise that your appeal from Chapter 17, Section 5.02(1)B, Building Location has been approved. Please be advised building and zoning permits are required prior to commencing building on your property. Should you have any questions, please contact Dustin Wolff at 679-4136. Sincerely, 'S U,.e- � ��� Susan J. Schroeder Recording Secretary Appeal #07-99 Petitioner: Dennis and Karen Ambrosh Residence: S64 W 19044 School Drive Muskego, WI 53150 Location of Appeal: S64 W 19044 School Drive Tax Key No. 2177.982 REQUESTING: Under the direction of Chapter 17 Zoning Ordinance: Section 17:3.08(1) Appeal Provisions, Petitioner seeks the following variance: 1. Chapter 17--Zoning Ordinance: Section 5.02(1)B Building Location: 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. Petitioner seeks a 3.7 foot variance to erect a deck with a 36.3 foot setback from the right-of-way line (south property line). The Ordinance requires a 40 foot front setback per Section 17:8.08(3). Zoned: RS-3/OED, Suburban Residence District with Existing Development Overlay DECISION OF THE BOARD OF APPEALS approve as irman Schepp Vice Member Conley Approved L- Approved;' Approved Approved Member O'Neil ABSENT Member Brandt ABSENT Member Wiken (1st Alt.) vacant Member (2nd Alt.) BOARD OF APPEALS MINUTES APPROVED CITY OF MUSKEGO JULY 22, 1999 PRESENT: Chairman Dan Schepp, Henry Schneiker, Terry O'Neil, David Conley and Assistant Plan Director Dustin Wolff. Meeting called to order at 7:00 P.M. ABSENT: Chris Wiken and Michael Brandt STATEMENT OF PUBLIC NOTICE: Secretary reported notice was given July 1, 1999, in accordance with the Open Meeting Laws. APPROVAL OF MINUTES OF THE JUNE 24, 1999 MEETING: Henry Schneiker made a motion to approve the June 24, 1999, minutes as presented. Terry O'Neil seconded. Upon voice vote, motion carried. (David Conley abstained from voting.) OLD BUSINESS: Signing of decision letters for the June 24, 1999 meeting. NEW BUSINESS Appeal #07-99, Petitioner: Dennis and Karen Ambrosh Residence: S64 W 19044 School Drive Muskego, WI 53150 Tax Key No. 2177.982 REQUESTING: Under the direction of Chapter 17 Zoning Ordinance: Section 17:3.08(1) Appeal Provisions, Petitioner seeks the following variance: Chapter 17--Zoning Ordinance: Section 5.02(1)B Building Location: No building shall be hereafter erected, structurally altered or relocated on a lot except in conformity with the following Iocational regulations as hereinafter specified for the district in which it is located. Petitioner seeks a 3.7 foot variance to erect a dock with a 36.3 foot setback from the right -of --way line (south property line). The Ordinance requires a 40 foot front setback per Section 17:8,08(3). Zoned: RS-3/OED, Suburban Residence District with Existing Development Overlay. Henry Schneiker administered an oath to Mr. Dennis Ambrosh and Mr, Kenneth Koepsel. Mr. Ambrosh read a statement regarding the water problems they have experienced since purchasing the residence in 1975. They have previously hired a contractor to reinforce a basement wall, they have brought in dirt to change the grade away from the foundation, they have purchased awnings, all in hopes of preventing water from running into the basement. The Ambroshes asked several people about building a covered deck and were erroneously informed they did not need a building permit if the deck was not attached to the house. They did not inquire with the City Building Department about the requirements for a permit. Mr. Ambrosh stated the hardship is the water problems. They have tried various other methods to keep water out of their basement. They admit they built a deck/porch without a permit, but this has seemingly solved the water problem. In addition, Mr. Ambrosh stated that to replace the stoop as it existed was too costly. Assistant City Plan Director Wolff discussed the zoning. The structure is legal nonconforming because the front of the house encroaches 8 inches into the 40 foot setback. This house was built prior to the current zoning regulations. Stoops have historically not been addressed as encroachments and were not considered part of the residence until the current zoning code was adopted. Previously, the foundation wall had been the measuring point. Mr. Wolff stated the zoning regulations consider decks acceptable, but not in the required setback for the front yard. The Ambroshes have the opportunity to repair the stoop in its previous location. As for the filling of the property, that is not germaine to the variance. The City Engineer and Building Department have requirements for filling and altering yard grades to mitigate water run-off problems. They did not inquire with the City about these requirements. Mr. Wolff stated the City may ask the petitioner for engineering to stipulate the porch is a viable mitigation of water problem. It is the responsibility of the petitioner to provide all documentation to prove their case. Mr. Wolff' questioned the hardships stated by the petitioners, stating the hardships indicated are self imposed and should be considered inconveniences for the petitioners rather than hardships. He also stated the Courts have ruled that economic factors do not constitute a hardship. The petitioners still retain reasonable use of their property without a variance being granted by the Board. David Conley stated that it was his understanding that economic factors alone do not constitute a hardship, but cold be in conjunction with other factors. Chairman Schepp questioned if the averaging for setbacks would be possible. Mr. Ambrosh stated his neighbor that faces Preston is closer to the road. Mr. Ken Koepscl, the petitioner's neighbor, questioned why this is being made into an issue. All the neighbor's have signed a letter stating they do not object to this porch. DELIBERATIONS*************************************************s***********+*** Terry O'Neil made a motion to accept appeal as presented. Hardship being the water problem and the pre-existing location of structure before zoning codes. This porch is within the spirit of the code. Dave Conley seconded. Upon roll call vote, motion carried 4-0. ADJOURN: Henry Schneiker made a motion to adjourn at 8:15. Dave Conley seconded. With no further business to come before this board, the meeting was adjourned. Respectfully submitted, S� S Susan 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 held in the Muskego Room at the Muskego City Hall, W 182 S8200 Racine Avenue, at 7:00 P.M., Thursday, July 22, 1999, 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 JUNE 24, 1999 MEETING. 5. OLD BUSINESS • Signing of decision letters for the June 24, 1999 meeting. 6. NEW BUSINESS Appeal #07-99 Petitioner: Dennis and Karen Ambrosh Residence: S64 W 19044 School Drive Muskego, WI 53150 Location of Appeal: S64 W 19044 School Drive Tax Key No. 2177.982 REQUESTING: Under the direction of Chapter 17 Zoning Ordinance: Section 17:3.08(1) Appeal Provisions, Petitioner seeks the following variance: 1. Chapter 17--Zoning Ordinance: Section 5,02(1)B Building Location: No building shall be hereafter erected, structurally altered or relocated on a lot except in conformity with the following Iocational regulations as hereinafter specified for the district in which it is located. Petitioner seeks a 3.7 foot variance to erect a deck with a 36.3 foot setback from the right-of-way line (south property line). The Ordinance requires a 40 foot front setback per Section 17:8.08(3). %,Zoned: RS-3/OED, Suburban Residence District with Existing Development Overlay. 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. BOA 7/22/99 Page 2 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 Dan Schepp, Chairman Dated this 7"h day of July, 1999 z 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 58200 Racine Avenue, (414) 679-5625." B7/01/1999 02:19 4146795614 MUSKEGO PL-ANNING CPT PAGE 02 CITY OF MUSKEGO BOARD OF APPEALS Application for Variance 4 J Applicant's Nun t AJ /'%_- Subject Property Address -5 V Cyr/ 9 C' `-/ ere,1. le. Tekphone 4 1 ` --3 2 4-16 Property Toning; �- Tax Key 012 / % + 9 SZ Petitioner's relationship to property (circle applicable). owner ' lessee other Fee: $197.00 Date inspector denied zoning permit. Requesting variance to Code Section/ To allow: AAl 5& l e079 5 /IV UC ItFY, Fee',) o."oc% R ' ' �_. a F o r7 F /6-"I // ,c �E A literal enforcement of the terms of the above -referenced section would result in practical difficulty and unnecessary hardship because. vv� fZF1 F W ou /d c'D v6Ae And h e%,/ c 14V C-/ // Ale p//4� The variance, if granted, will not be contrary to the public interest and wiU be in accord with the spirit of the code because: -12 O 62 L C' L. le%o�) A // EAa/y s The variance, if granted, will not adversely affect public safety or jeopardize public welfare because. 7/6el z /3 Ski // S[1FrriC/Erg / /anr� d�/i11E�-� 443 i /!h -q / �•�C4)G y IIEVC /•-1 fAC/ 12"e&2422/- Dues i _ 1%- e1 l 90iE/ S 1,egc E > V�[J 5 Vy City of Muskego Board of Appeals Letters of Reference from Neighbors Re: Construction of wood porch at S64 W19044 School Drive, Muskego, WI Name:. -1 / AA T- � o si F' � F C� Address: W l CJ �o� S~ �r P,S /d N City: Telephone Number: Ds .3y Where do you live in conjunction to the applicant: How long have you lived at this property: a r s Have you noticed the work being done on the applicants property: Do you have any objections to this project? Yes No ` If you object, please site the reasons, if you do not object, please site the reasons: Signature Can the City contact you should they have any questions regarding this reference? City of Muskego Board of Appeals Letters of Reference from Neighbors Re: Construction of wood porch at S64 W19044 School Drive, Muskego, WI Name: Address: 6-& N 412 /96 y!2 6e_ Sam / City: M v.s ff 4y Telephone Number: u/- ) ii ` b 22 7 Where do you live in conjunction to the applicant: c How long have you lived at this property: -36/I " Have you noticed the work being done on the applicants property: /c S _ Do you have any objections to this project? Yes No NO If you object, please site the reasons, if you do not object, please site the reasons: Signature Can the City contact you should they have any questions regarding this reference?S City of Muskego Board of Appeals Letters of Reference from Neighbors Re: Construction of wood porch at S64 W19044 School Drive, Muskego, WI Name:. Address: City: t"N . -V &Y=�M-4o 1 �-'s ` > > n Telephone Number:- "_] ��s,4 _ Where do you live in conjunction to the applicant: How long have you lived at this properry:1� Have you noticed the work being done on the applicants property: ", 4 — -- Do you have any objections to this project? Yes No If you object, please site the reasons, if you do not object, please site the reasons: '1�� I - z Signature Can the City contact you should they have any questions regarding this reference? `-� City of Muskego Board of Appeals Letters of Reference from Neighbors Re: Construction of wood porch at S64 W19044 School Drive, Muskego, WI Name:.De ffi - ILL) HTA9 CST Address: W V1 0 S (o q C), IF 'C cS Q ri �-' V\ Telephone Number: CO -79 - � � D 3 do you live conjunction to the applicant: h �1 O k5�� How long have you lived at this property: Z5 Y- Have you noticed the work being done on the applicants property: e Do you have any objections to this project? Yes No If you object, please site the reasons, if you do not object, please site the reasons: :ia Can the City contact you should they have any questions regarding this reference?—YeA 111, w �1111■I■Illlll■I■Ill �: ' �'�" 1 ` JIIII■1■111111■I■11 '� 11 _ ONmil111111■I■11 ' I lllil■111111■I■illlll■I■111 i 11■I 11111 ■I■IIIIII■I■11 Il■I 11111 ■I■111111■I■11 [ 1 II■!■IIIIII■1■111111■I■1[ � �� � II■1■IIIlllel■Illlll■I■ J��;_� III■i■111111■I■1111�!■l� r- -jowl oil !111111■I■Ill�tl """""R � IIII_ � 111■I■111111 r"�'° �'�° i 1 IIIh ■ a �� 111■I■Illi�l 1111t' �■ IIII■I■1111■If 1 i 1�1■ .��1111■I�Illi�l■I� E ,� � ■N�111111■I■1111!!A■I■ 111 ■I■111111■I■11111�■I■ " 111 iiiiiisisillilinisill1�■I■ , UNION11111■I■1111i1■li l * IIII Ilill■I■111111■I■11111�■II I � "�' �' IIII III 1111■I■111111■I■nllM■II 1'� III! I MINE 111111■I■llll[ ■II1 1;2; a 11 I IIIIII■I 111111■I■IIIIS�■III ,\1 n I Illlll■I■ 1 111■l■1111111■I[ 1 E ' ��� 111 I IIIIII�I■ 1 Ill�l■111111e111 !�� IIII 1111111■I■111111■I■111111■II 1 !�, Inl I IIIIII■I■111111■I■111111■1� �. -�-�•� �;111 ! 111111�1�111111■I■Illlll■11► ��i1�\� 111 000 'AMMAR COURT IROOKRF.D, WISCONSIK 53M WILBERT F.'..,-TAM BAUGH JR. CONSULTING ENGIPff;R & SURVEYOR 782- PLAT "OF SURVEY ALL THAT PAF(r OF THE' NCI MM OF THE NON THFAST ONF.IQUA�TER- DESCRIPTION.. ( A SSCTION WDOER FIVE (5), IN Tu-.,7403HIF NUMBDt FIV' (5) NORTH, RAN01`-WVK3M, (20'a ',--AST,, IN THE CITY OF MUSKEGO, DESCRIBED AS FQLLQ4,;: CO KKENCING AT 01' llv—IERS4XTION OF THE NORTH LINE J? "SCH('L DRIVE,' WITH THE EAST LIRE OP ' QUARTER SECTION9 D13TANT NORTH ON StCtIO" PLI�-303.3 F-EE7 IT01", THE 1/16thjc OF SAID QUARTER SECTION, AND THENCF:X)RTH 899 29.51 WLST UN THE SAID NORTH LIFEOF- - "SCHO"L DRIVE" 758.0 FEET TO THE SOOtHEAST COR?&M OF A LOT AND THL" POINT OF C imix G D-cm OF TH,E ARM TO Bi: DESCRIBED: T)UWCE NORTH 89s 29-51 'TEST 60.0 ?n;*r."'P THfNCE' NORTH 139.4 FBET; THENCE SOUTH' 89* 29.51 EAST 60.0 FZZ4. 51,`Mi 139&4 F7-.-1,;T TO THE POINT OF COMKENCINM. fitly . V, A VS. S-890 29.5E FOR: Loyal Real Estate Co, Lp 60.00. (Re: Mr. Robert We 14unkwitz) Preserrt address of this property- 3 64 Id 19044 School Dr. rm 0 In SCALE Cr ii a STATE OF MSCONSiN t Ss COUNTY OF WAUKESHAJ 1. �ALBIRT F. STAMBAUGH k, Swvoyor, do 6w-bY -WilfY I`W day of ........ I have actutat*iy surveyed t6 above described property and Act the above Plot is a c6r*,ee reprmwnlation of said survey, including As location of any proposed of -4-1" buildings an such parcel or on odj*1ninj parcels, all as shown on said survey. 30.0* BRICK C\j 3.8 LV 1. 7' 3.0 60.00' N �4 o LL 60 9,5' W _DRIVE_ t/16. TH COR. N.E 1/4 WILF UT F. pp TOMB BROOKF0-D, Z A Wis.