Zoning Board of Appeals- - Minutes- 07/27/2000CITY OF
-MUSKEGO
DEPARTMENT OF CITY PLANNING
Brian D. Turk
Director of Planning
(262) 679-4136
ZONING BOARD OF APPEALS
FINDINGS OF FACTS
A dimensional variance is hereby granted to Bill and Dawn
Panfil, by the Zoning Board of appeals of the City of Muskego to
permit a 4' separation between the residence and the detached
garage at W182 S6575 Muskego Drive, based upon the applicant
having met the specifics of the City Ordinance with respect to
granting variances.
It was found that the variance does preserve the intent of the
Municipal Code because there is practical difficulty associated with the
existing location of the residence and detached garage, there were
exceptional conditions applying that do not generally apply to other
properties. More specifically, the granting of the variance allows for a
garage addition to rectify an existing unsafe condition associated with
the orientation of the garage, property rights of other property owners
are preserved, and no substantial detriment is caused to an adjacent
property.
Dated this 71h day of August, 2000.
Signed
Daniel Sche p
Chairman, Zoning Board of Appeals
Signed
Dustin J oiff
Assistant Plan Di for
W182 S8200 Racine Avenue • Box 749 • Muskego, Wisconsin 53150-0749 • Fax (262) 679-5614
ZONING BOARD OF APPEALS MINUTES
]uly 27, 2000
Meeting was called to order at 7:05 P.M.
PRESENT: Chairman Dan Schepp, Vice Chairman Henry Schneiker, Terry O'Neil ,
David Conley, Barbara Blumenfield and Assistant Plan Director Dustin Wolff.
ABSENT: Mike Brandt
STATEMENT OF PUBLIC NOTICE: Secretary reported public notice was provided in
accordance with the Open Meeting Laws.
NEW BUSINESS: Appeal #07-2000, Petitioner: Bill and Dawn Panfil, Residence:
W182 56575 Muskego Drive. REQUESTING: Under the direction of Chapter 17 Zoning
Ordinance: Section 17:3.08(1) Appeal Provisions, Petitioner seeks the following variances:
Chapter 17—Zoning Ordinance: Section 4.05(2)C.6. Permanent Structures: No detached
private garage shall be erected, structurally altered or relocated so that any roofed or
enclosed portion thereof is closer than 10 feet to the building on the lot.
Petitioner seeks a 6' variance to permit an addition to the existing garage that will result in
the accessory structure being located less than the required distance from the primary
structure. The Ordinance requires a 10' separation between structures.
Zoned: Rs-3/OLS, Suburban Residence District as modified by the Lakeshore Overlay.
Mr. Schneiker administered the oath to Bill and Dawn Panfil. Dawn Panfil stated they have
a one car garage too close to street. The back end of the car hangs out into the road, and in
winter when they snowplow it is extremely dangerous. Also, water run-off goes into the
garage and the basement. They are proposing a 8' by 16' addition with a four foot
separation from the house instead of the required 10 foot separation. The existing well
location is also an issue, not allowing this structure closer to the residence. The neighbors
have all been informed and they have no objections.
Mr. Wolff commented that the proposed re -orientation of the garage will prevent the
vehicles parked in front of the doors from encroaching on the public right-of-way and the
roadway. This will rectify an existing unsafe condition. The pre-existing location of the
structure hinders the option available to the property. In addition, the detached garage is
currently only 8' from the residence. Mr. Wolff stated the staff recommends approval
permitting a 4' separation between the existing residence and the detached garage,
conditioned upon the garage construction meeting all applicable construction requirements.
Dr. Blumenfield made the motion to approve Appeal #07-2000 as submitted. Henry
Schneiker seconded. Upon roll call vote, motion was approved unanimously. Hardship is
preexisting location of the structures on the lot and the unsafe location and orientation of
the existing garage.
APPROVAL OF THE MINUTES FROM THE APRIL 27, 2000 MEETING: Dr. Blumenfield
made the motion to approve the minutes with spelling corrections. Mr. O'Neil seconded.
Upon voice vote, motion carried.
MISCELLANEOUS BUSINESS: Mr. Wolff stated Chris Wiken tendered his resignation from
the Board of Appeals.
BOARD OF APPEALS MINUTES
JULY 27, 2000
Page 2
ADJOURN: Dr. Blumenfield made a motion to adjourn. Mr. O'Neil seconded. With no
further business to come before this board, meeting adjourned at 7:30 P.M.
Respectfully submitted,
Susan ]. Schra er
Recording Secretary
ZONING 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 ROOM 5 at the Muskego Public library, S73 W16663 Janesville
Road, at 7:00 P.M., Thursday, July 27`h, 2000, 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. OLD BUSINESS
None
S. NEW BUSINESS
Appeal #07-2000
Petitioner: Bill and Dawn Panfil
Residence: W 182 56575 Muskego Drive
Muskego, WI 53150
Location of Appeal: Same
REQUESTING: Under the direction of Chapter 17 Zoning Ordinance: Section
17:3.08(1) Appeal Provisions, Petitioner seeks the following variances:
1. Chapter 17—ZoningOrdinance: Section 4.05(2)C.6. Permanent Structures: No
detached private garage shall be erected, structurally altered or relocated so that any
roofed or enclosed portion thereof is closer than 10 feet to the building on the lot.
Petitioner seeks a 6' variance to permit an addition to the existing garage that will result
in the accessory structure being located less than the required distance fro tpe primary
structure. The Ordinance requires a 10' separation between structures. NO?,?,
Zoned: Rs-3/OLS, Suburban Residence District as modified by the Lakeshore Overlay.
6. APPROVAL OF THE MINUTES FROM THE APRIL 27, 2000 MEETING.
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.
zBA 4/27/2000
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 14T" day of July, 2000
City of Muskego
Zoning Board of Appeals Supplement
For the meeting of. July 27, 2000
Appeal 07-2000
REQUESTING: Under the direction of Chapter 17 Zoning Ordinance: Section
17:3.08(1) Appeal Provisions, Petitioner seeks the following variances:
1. Chapter 17—Zoning Ordinance: Section 4.05(2)C.6. Permanent Structures: No
detached private garage shall be erected, structurally altered or relocated so that any
roofed or enclosed portion thereof is closer than 10 feet to the building on the lot.
Zoned: Rs-3/OLS, Suburban Residence District as modified by the Lakeshore Overlay.
LOCATION: W182 S6575 Muskego Drive (Tax Key No. 2174.942)
NE 1/4 Section 8
PETITIONER: Bill and Dawn Panfil
PREPARED BY: Dustin Wolff - Assistant Plan Director
BACKGROUND
Petitioner seeks a 6' variance to permit an addition to the existing garage that will result
in the accessory structure being located less than the required distance from the primary
structure. The Ordinance requires a 10' separation between structures. The garage is
currently located 8' from the residence.
DISCUSSION
The garage addition will increase its size by 166 SF. The garage wall will be located 4'
from the residence. The UDC will allow an accessory structure to be located within 5' of
the primary structure so long as it contains fire rated walls.
The petitioner has applied for a permit to construct a 376 SF home addition. The total
home size will be increased to 1,028 SF, accommodating the proposed 566 SF garage.
Per legal counsel review, the proposed additions do not increase the degree of non-
conformity of the structures and do not necessitate a variance from the Board.
The proposed re -orientation of the garage will prevent the vehicles parked in front of the
doors from encroaching on the public right-of-way and the roadway. This will rectify an
existing unsafe condition. The pre-existing location of the structure hinders the options
available to the property.
In addition, the property meets all Code requirements regarding green space.
STAFF RECOMMENDATION
Approval of Appeal 07-2000 permitting a 4' separation between the existing
residence and the detached garage, conditioned upon the garage construction
meet all applicable construction requirements.
CITY OF MUSKEGO
BOARD OF APPEALS
Application for Variance
Applicant's N
Subject Property Address_ IOZk2S � 75- A2
Telephone L ;- " 6 %9 _k oS
Property Zoning:
Tax Key # iylJr�G o2/7 y 9�%
Petitioner's relationship to property (circle applicable):
fownJe lessee other _
Fee: $200.00
Date inspector denied zoning permit:
r4
Requesting variance to Code Section -7 • i) a 4:
To allow:
A literal enforcement of the terms of the above -referenced section would result in
nrarfirnl diffinilty 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:
■ 1 e- ■ O h.Tll] V t.5
The variance, if granted, will not adversely affect public safety or jeopardize
public welfare because:
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