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Zoning Board of Appeals- - Minutes 10/25/2001ZONING BOARD OF APPEALS FINDINGS OF FACTS A dimensional variance is hereby denied to Dennis Paulson by the Board of Appeals of the City of Muskego to permit the construction of a deck with an offset of 10.1 feet from the north property line and 11.1 feet from the east property line at W136 S8432 Holz Drive / Tax Key No. 2211.034.001 instead of the required 15-feet from the north property line, and 20-feet from the east property line, based upon the applicant having not met the specifics of the City ordinance with respect to granting variances. It was found that the variance does not preserve the intent of the Municipal Code because construction of the deck occurred without a permit and the hardship was self-imposed. There were no exceptional conditions applying that do not generally apply to other properties. Signed Signed Dated this 31 st day of October 2001. Terry O-Neil Acting Chairman, Zoning Board of Appeals Dustin J Wolff Assistant Plan Director ZONING BOARD OF APPEALS MINUTES CITY OF MUSKEGO October 25, 2001 APPROVED 12/06/01 Meeting was called to order at 7:00 P.M. PRESENT: Terry O'Neil, Barbara Blumenfield, David Conley, Mike Brandt. Horst Schmidt and Assistant Plan Director Dustin Wolff. ABSENT: Chairman Dan Schepp and Henry Schneiker, STATEMENT OF PUBLIC NOTICE: The secretary stated the meeting was noticed in accordance with Open meeting Laws. NEW BUSINESS: APPEAL #07-2001 Petitioner: Dennis Paulson Residence: W136 S8432 Holz Drive / Tax Key No. 2211.034.001 REQUESTING: Under the direction of Chapter 17 Zoninq Ordinance: Section 3.08(1) Appeal Provisions. Petitioner seeks the following variances: Chapter 17—Zoning Ordinance: Section 4.03 STRUCTURES OTHER THAN BUILDINGS Structures 6 inches or more in height: Structures not classified as buildings and 6 inches or more in height from the surface of the ground shall be subject to the setback, offset, height and open space requirements of this ordinance except as may be specifically otherwise provided. An offset of 15-feet is required from the north property line, and an offset of 20-feet is required from the east property line. The petitioner seeks an offset of 10.1 feet from the north property line and 11.1 feet from the east property to allow the construction of a wood deck, and is therefore requesting a 4.9-foot variance from the north property line and an 8.9-foot variance from the east property line. The property is zoned RS-2, Suburban Residence District Mike Brandt administered an oath to Dennis and Ondrea Paulson. Mr. Paulson stated they built this home themselves with all the proper permits. They had intended to have a concrete patio, however, the grade did not lend itself to that. Mr. Paulson proceeded to build a deck because that would be the only level area his children would be able to play on. Assistant Plan Director Wolff presented the City's opinion: The lot itself is legal non -conforming as it is 16,226 square feet where 20,000 SF is required. In April 2000, a permit for construction was granted by the Building Department for a residence. The residence meets the zoning requirements for the RS-2 District. Upon conducting an inspection for the property, the Building Department identified a deck that had been constructed without receiving the proper permits. The deck encroaches into the required minimum offsets for the District. If the Appellant had applied for a building permit prior to the commencement of construction, the City would have denied the permit as proposed. Planning Staff believes that this is a matter of self-imposed hardship, and is not grounds for a variance. At this time, the appellant now seeks forgiveness from the Board of Appeals rather than alter the illegal, non -conforming structure to meet the Code requirements. While the offset requirements are inconvenient, they do not constitute a hardship. Staff recommendation is denial of Appeal 07-2001 due to lack of hardship or practical difficulty in complying with the Zoning Code. DELIBERATIONS: Dr. Blumenfield made a motion to deny Appeal #07-2001 as submitted due to lack of hardship. Mike Brandt seconded. Upon roll call vote, Appeal #07-2000 was denied. APPROVAL OF THE MINUTES: Mr. Conley moved to approve the minutes from September 27, 2001 as submitted. Mr. O'Neil seconded. Upon voice vote, motion carried. ADJOURNMENT: With no further business to come before this board. Mr. Schmidt moved to adjourn. Dr. Blumenfield seconded. Upon voice vote, meeting adjourned at 7:35 P.M. Respectfully submitted. Susan J. Schroeder 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 the Muskego Room at the Muskego City Hall. W182 S8200 Racine Avenue. at 7:00 P.M., Thursday, October 25. 2001. 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 5. NEW BUSINESS APPEAL #07-2001 Petitioner: Dennis Paulson Residence: S224 S8432 Holz Drive / Tax Key No. 2211.034.001 Location of Appeal: Same REQUESTING: Under the direction of Chapter 17 Zoning Ordinance: Section 3.08(1) Appeal Provisions. Petitioner seeks the following variances: Chapter 17—Zoning Ordinance: Section 4.03 STRUCTURES OTHER THAN BUILDINGS (2) Structures 6 inches or more in height: Structures not classified as buildings and 6 inches or more in height from the surface of the ground shall be subject to the setback, offset. height and open space requirements of this ordinance except as may be specifically otherwise provided. An offset of 15-feet is required from the north property line. and an offset of 20-feet is required from the east property line. The petitioner seeks an offset of 10.1 feet from the north property line and 11.1 feet from the east property to allow the construction of a wood deck, and is therefore requesting a 4-9- foot variance from the north property line and a 8.9-foot variance from the east property line. Zoned: RS-2, Suburban Residence District 6. APPROVAL OF THE MINUTES FROM THE AND SEPTEMBER 27, 2001 MEETING. 7. MISCELLANEOUS BUSINESS. ZBA 10/25/2001 Page 2 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 Dan Schepp, Chairman Dated this 15th day of October, 2001 City of Muskego Zoning Board of Appeals Supplement 07-2001 For the meeting of. October 25, 2001 REQUESTING: Under the direction of Chapter 17 Zoning Ordinance: Section 3.08(1) Appeal Provisions, Appellant seeks the following variances: Chapter 17—Zoning Ordinance: Section 4.03 STRUCTURES OTHER THAN BUILDINGS (2) Structures 6 inches or more in height: Structures not classified as buildings and 6 inches or more in height from the surface of the ground shall be subject to the setback, offset, height and open space requirements of this ordinance except as may be specifically otherwise provided. Zoned: RS-2, Suburban Residence District LOCATION: S224 S8432 Holz Drive / Tax Key No. 2211.034.001 SW '/. Section 13 APPELLANT: Dennis Paulson PREPARED BY: Dustin Wolff BACKGROUND The lot itself is legal non -conforming as it is 16,226 square feet where 20,000 SF is required. In April 2000, a permit for construction was granted by the Building Department for a residence. The residence meets the zoning requirements for the RS-2 District. Upon conducting an inspection for the property, the Building Department identified a deck that had been constructed with receiving the proper permits. An offset of 15-feet is required from the north property line, and an offset of 20-feet is required from the east property line. The Appellant seeks an offset of 10.1 feet from the north property line and 11.1 feet from the east property to allow the construction of a wood deck, and is therefore requesting a 4.9- foot variance from the north property line and an 8.9-foot variance from the east property line. DISCUSSION The Appellant constructed a deck that encroaches into the required minimum offsets for the District. If the Appellant had applied for a building permit prior to the commencement of construction, the City would have denied the permit as proposed. Planning Staff believes that this is a matter of self- imposed hardship, and is not grounds for a variance. At this time, the appellant now seeks forgiveness from the Board of Appeals rather than alter the illegal, non -conforming structure to meet the Code requirements. While the offset requirements are inconvenient, they do not constitute a hardship. STAFF RECOMMENDATION Denial of Appeal 07-2001 due to lack of hardship or practical difficulty in complying with the Zoning Code. OFFICE OF ENGINEERING/BUILDING INSPECTION Sean E. McMullen Director (262) 679-5686 smcmullen@ci.muskego.wi.us August 1, 2001 Dennis & Ondrea Paulson W 136 S8432 Holz Dr Muskego, WI 53150 RE: Construction without valid permits Dear Mr. and Mrs. Paulson: It has come to our attention that you had a deck built on your property without obtaining the required building permits as per City of Muskego Municipal Code 30.23. All structures built without permits are subject to triple permit fees, fines and penalties. Please contact the Building Inspection Department at 262-679-4110, within 10 working days, to obtain the proper permit. Failure to comply could result in the issuance of daily citations dating back to the first day work can be verified and continuing until compliance is achieved. Sincerely, Michael D. Moore Building Inspector MDM/sab C: Sean McMullen W182 S8200 Racine Avenue - Box 749 - Muskego, Wisconsin 53150-0749 - Fax (262) 679-5614 CITY OF MUSKEGO BOARD OF APPEALS Applicant's Name Application for Variance \����.5 �a►�ison Subject Property Address W 1S& 5 R43p Telephone Property Zoning: Tax Key Petitioner's relationship to property (circle applicgble): owner lessee other _ Fee: $200.00 L Date inspector denied zoning permit: Requesting variance to Code Section To allow: be- G A,A�A CW 4-r 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: The variance, if granted, will not adversely affect public safety or jeopardize public welfare because: September 5, 2001 City of Muskego Board of Appeals W 182 S8200 Racine Avenue P.O. Box 749 Muskego, WI 53150 Regarding: Application for Variance W 136 S8432 Holz Drive Tax Key # 221.034.001 Dear Members of the Muskego Board of Appeals: Thank you so much for your time and consideration of this variance request. I have very recently built a home at the above referenced address. I worked as an owner/subcontractor on much of the construction, working closely with the inspectors to keep the process smooth and easy. The original intent for the home included a concrete patio on the rear of the property, but final grade settings made its construction impossible. I have substituted a raised wood deck. In doing so, I regrettably erred in securing the proper permits to add the deck to the home that had already been through final occupancy inspection. The deck is 14'x19', and currently intrudes on the city ordinance for property line setback by 3' on the north side setback. I am requesting a variance to allow this completed deck to remain on the property, and have the permits approved and later cleared after satisfactory inspection. Supporting information: ❑ My understanding of the intent of the ordinance is to provide separation of structures over property lines to maintain the country -like feel of the Muskego neighborhoods. The rear of my property, where the ordinance would serve its intended purpose, is a right of way granted to WI Electric Power Company, and undeveloped marshland. In my opinion, my request does not infringe on the intent of the city ordinance, as no structure will be built on the land within a radius where the separation would be beneficial. ❑ The lot is a legally non -conforming R-2 Suburban Residence. Because it is below the 20,000ft minimum, I do not have an alternative location for the deck. Due to the rear WEPCO right of way, and marshland, my property is very unique providing exceptional circumstances to my request. ❑ To my knowledge, none of the properties that surround me will be affected in any way by the deck remaining where it currently stands. ❑ In my opinion based on limited knowledge, I believe it will be better for the property, topography and environment to maintain the drainage slope of the land from my property to the marshland, rather than begin to bring in fill in order to put a concrete patio near the lot line. A concrete patio would not be subject to the structural setback ordinance, yet a concrete patio serves the exact same purpose as the raised deck with far less natural beauty. Thank you again for your sincere consideration. I look forward to your decsion. Dennis E. Paulson — property owner. _ 0 e T OU- j) �C!)N�'l7 c O T .� w °■ C a O R7 (D N W 0 n c+ - C A7 0 m YD S ° 3w p O Cl W -n Z f aN r0 3 Z�, WO � o �o > D u 0- A. 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