ZBA-Minutes 08-1989Minutes of Board of Appeals
June 27, 1991 Meeting
Page 5
the appellant's personal property. Upon a roll call vote, the
motion to grant the variance passed unanimously.
DISCUSSION:
Muskego Marine- The Board directed Chuck Dykstra to follow
up on the removal of the shed as previously determined by the
Board.
Irish Spring House- Mr. Dykstra and Mr. Kovacs informed the
Board of the status of the asphalting on this property. A 20'
strip was to be asphalted and to this date, only a 12' 6" strip
has been done. Letters were sent to Mr. Boyce with no response.
Mr. Kovacs did state that Mr. Boyce contacted him by phone that
day. The Board directed Mr. Dykstra to do what was needed to
attain compliance.
Mrs. Posbrig made a motion to adjourn and Chairman Fohr seconded.
Upon a voice vote, the motion to adjourn passed unanimously. The
meeting was adjourned at 11:15 P.M.
Respectfully submitted,
Jill Blenski
Recording Secretary
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CITY OF MUSKEGO
W182 58200 Racine Avenue, Muskego, WI 53150 - Phone 679-4100
M E M O R A N D U M
TO: Board of Appeals
FROM: Chuck Dykstra, Sr., Director
Building Inspection Dept.
DATE: June 17, 1991
RE: Irish Spring House - Mr. Bill Boyce
W194 S7060 Hillendale
At the May Board of Appeals meeting, a question was brought up
regarding the progress of the paving at the Irish Spring House.
Gene Kovacs and I researched this matter and found that on
April 26, 1991 a letter was sent to Mr. Boyce informing him that
he had 10 days from the date of that letter to contact our
department to inform us as to the steps he intended to take
regarding the paving requirement. Enclosed for your information
is a copy of that letter. Also find a copy of the Public Hearing
minutes from May 2, 1989, copy of the Plan Commission minutes from
May 16, 1989, and a copy of the Resolution granting the expansion
of the conditional use grant dated May 16, 1989. This information
should help to refresh your memories on the situation at hand.
Mr. Boyce did not respond within the 10 days to Mr. Kovac's
letter. I chose not to issue a citation at that time due to the
fact that Hillendale was scheduled to be paved within a few days.
I felt possibly that he would take advantage of the paving
equipment in the vicinity and work out something to get the area
paved. I decided to wait until Hillendale had been paved to
inspect this property. On June 14, I inspected this property and
found that some paving had been done. The only problem being that
instead of a 20' strip, there is only a 12' 6" wide strip, which
means for the Irish Spring House to be in total compliance, an
additional 7' 6" strip beyond what exists now would have to be
paved. Enclosed please find a letter from this department to Mr.
Boyce explaining the above mentioned situation to him.
cc: Mayor Wayne Salentine
Alderman Harold Sanders
June 17, 1991
Mr. Bill Boyce
Irish Spring House
W194 S7060 Hillendale
Muskego, WI 53150
Dear Sir:
On April 26, Mr. Gene Kovacs, Director of Planning and
Development, sent you a letter giving you 10 days from the date of
that letter to respond to his office as to what steps you intended
to pursue to comply with your asphalting requirement. As of this
date, which is approximately two weeks past the above mentioned 10
days, we still have not heard from you. An inspection made on
June 14 revealed that some asphalt was placedjand although it may
be a step in the right direction, the asphalt now in place is only
12' 6" wide. According to Resolution #P.C. 71-89 adopting the
expansion of the conditional use grant, it is required that a 20'
area along the north side of your tavern be paved no later than
two years from the date of the approval. That being the case, you
are still required to pave a 7' 6" section beyond what is already
paved.
Please respond within 10 days from the date of this letter as to
what steps you intend to pursue and within what time frame you
expect to complete this work.
Very truly yours,
BUILDING INSPECTION DEPT.
Chuck Dykstra, Sr.
Director
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cc: Mayor Wayne Salentine
Board of Appeals Members
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April 26, 1991
Irish Spring House
Mr. Bill Boyce
W194 57060 Hillendale
Muskego, WI 53150
Dear Sir:
In 1989 one of the conditions of your Conditional Use Grant #12
was to pave a 20' strip along the northside of the tavern no later
than 2 years from the date of the approval, as per Resolution
#P.C. 71-89.
An inspection this week revealed that this paving requirement has
not been met.
In order to avoid a citation for the violation, this requirement
must be met. Please respond within ten (10) days from the date of
this letter as to what steps you intend to pursue to comply.
Contact this office if you have any questions regarding this
matter.
Sincerely,
PLAN COMMISSION
Gene Kovacs
Director of Planning
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CITY OF MUSKEGO
BOARD OF APPEALS
MINUTES OF BOARD OF APPEALS MEETING HELD ON April 27, 1989.
Vice Chairman Pro Tem Thomas Berken called the meeting to order
at 7:30 P.M.
PRESENT: - Vice Chairman Pro Tem Thomas Berken, Linda Koester,
Terry O'Neil, Donald Pionek, and Director Gerald Lee.
ABSENT: - Chairman Gerald Fohr, Vice -Chairman Lloyd Erno, and
Darryl Rowinski.
MINUTES: - Mr. Pionek moved to approve the Minutes of January 26,
1989. Mr. O'Neil seconded. Upon a voice vote the motion
carried.
APPEAL 3-89 - GERALD LOEBEL Vice Chairman Pro Tem
Thomas Berken stated that this was a rehearing to clarify a
previous appeal for industrial use of residentially zoned
property and an appeal from an administrative officer. Atty.
Patrick Hudec presented Mr. Loebel's case giving the background
of the business and the request for industrial use of
residentially zoned property. Mr. Loebel feels the business
doesn't have a negative impact on the neighborhood. Mr. Lee
responded that this case is beyond the powers of the Board of
Appeals but could grant an extension of time. He referred to a
letter he had received from the City Attorney dated February 21,
1989 upholding his decision. Mr. Lee feels it is up to the
courts to decide and suggests that the Board of Appeals deny
manufacturing use of the property. Atty. Hudec presented letters
with three signatures of Mr. Loebel's neighbors, who are in favor
of allowing his business use. There was further discussion by
all concerned parties.
APPEAL 5-89 - JOHN ROSKOS Mr. Roskos appeared before
the Board to request a 4' variance to construct an addition to
the residence that would place the dwelling 6' from garage. He
stated that it would be a 14' x 4' wide addition and he needs
room for an entryway. Mr. Lee stated that he doesn't need a
height variance, but needs a firewall to meet Building Code
regulations.
APPEAL 6-89 - Was withdrawn at the request of Mr. & Mrs.
Hartung.
APPEAL 7-89 - TERRY PETERSON Mr. Peterson appeared
before the Board to request a 4 3/4' offset variance and a size
variance of 209 square feet to construct a detached garage.
He would have to fill in his yard to construct the garage further
back in his yard. He needs the 3-car garage for storage. Mr.
Lee stated that the zoning is RS2/OOS which only allows a
Page 2, BOA Minutes 4/27/89
APPEAL 7-89 (cont.)
maximum of 720 square feet for a detached garage. Mr. Peterson
is 209 square feet short. The proposed garage would be 8'8" from
the lot line and the requirement is 12 1/2' from the lot line.
Mr. O'Neil questioned the size of the building. There was some
discussion on including the upstairs to increase the size of the
house. The 209 square foot size variance could be omitted, but
he still needs the 4 3/4' offset_ variance. Mr. Peterson doesn't
want to tear down the old garage and reconstruct it because of
the driveway location. Mr. Lee suggested the garage be
constructed closer to the house. He can be within 10' of the
house.
APPEAL 8-89 - WILLIAM BOYCE Mr. & Mrs. Boyce appeared
before the Board to request a 7 setback variance from Wentland
Drive to allow a building addition to the existing structure.
Mr. Boyce explained that they wish to build the addition on the
west side of the building for a kitchen and storage area. Thev
only have a grill behind the bar now and wish to establish a "pub
and grill business for lunch to change the image. Mr. Lee
stated that Mr. Boyce has a petition before the Plan Commission
for the addition under the conditional use grant. Mr. Lee
questioned if the parking lot would be paved? Currently part of
the lot is paved. Mr. Boyce responded that it is his intention
to do so and he has an estimate of $15,000. He showed the Board
a drawing of his addition. Mr. Pionek questioned the 17' setback
request based on the drawings presented. Mr. Lee responded as to
what the required setback would be. There was some discussion
regarding the 17' setback. Mr. Patrick Eaton, who owns a vacant
lot across the street, was present. He stated that the tavern
causes, traffic, dust and litter nuisances, and has hurt the sale
of his property. He has collected litter. It was mentioned that
there was another tavern down the street which could contribute
to the litter problem.
APPEAL 9-89 - DARYL HINZ Mr. Hinz appeared before the
Board to request a 8' offset variance, 13'8" setback variance
and a 1'1" separation variance to construct a new 24' x 24'
garage. If Mr. Hinz moved the garage location, it would block
the house. Mr. Lee stated that this is in RS3/OLS zoning and
abuts the lake. Mr. Lee asked Mr. Hinz if the garage door would
open on the Muskego Drive side? Mr. Hinz responded it would and
there would be paving on the north side of the garage.
APPEAL 10-89 - DENNIS MARANOWICZ Mr. Maranowicz
appeared before the Board to request a 1 1/2' driveway offset
variance to construct a concrete driveway. He has a gravel
driveway now and the drainage goes downhill towards Janesville
Road. Mr. Lee questioned whether this would increase the water
flow? Mr. '4aranowicz questioned why in 1980 was the house
Page 3, BOA Minutes of 4/27/89
APPEAL 10-89 (cont.)
permitted to he built in that location? Mr. Lee responded that
the house should have been moved back and the garage built in
front as the lot is 46' wide. Mr. Maranowicz stated that he has
a contract signed for this work. Mr. Gehling, whose mother Mary
Gehling lives next door at S76 W18173 Janesville Road, was
present and stated that the driveways are side by side and his
mother was concerned about the drainage.
At 9:10 P.M. the Vice Chairman Pro Tem heard a request from Mr.
Mrs. Robert White, S99 1112953 Loomis Road, who felt they were
aggrieved neighbors of Ronald Peuse, who had his Appeal 23-88
heard before the Board of Appeals on 12/8/88. The variance had
been granted for a 3' offset variance to allow an existing
driveway to remain within the offset area. They questioned
whether there could be a re -appeal. Mr. Lee responded that he
would research the position of the Board for a re -appeal, but
felt that if it was within 1 year of the variance being granted,
it could not be reheard without new evidence being submitted.
This matter could be taken to the Circuit Court and if the Board
wishes to react to the testimony and after it was given, thev
could at a later date.
Mrs. White also felt that the Minutes of December 8, 1988 were
incorrect as to the hardship being stated as the area defined
driveway when it really is a "turn -around". The Board will look
into this matter.
The Board took a five minute recess.
Mr. Berken moved to go 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
aquasidudicial hearing: said cases being the above listed
appeals. Mr. O'Neil seconded and the motion carried.
The Board of Appeals reconvened into open session at 9:20 P.M.
APPEAL 3-89 Mr. O'Neil moved to uphold the decision of
Gerald P. Lee, the administrative officer, and give Mr. Loebel
the remainder of the 6 months extension to pursue other
options. Mr. Pionek seconded and the motion carried.
APPEAL 5-89 Mr. Berken
submitted. The hardship is the
the lot and the closeness of the
firewalled. Mr. O'Neil seconded
moved to approve the appeal as
narrow width of the lot, size of
buildings. The garage is to be
and the motion carried.
APPEAL 6-89 - Withdrawn.
Page 4, BOA Minutes 4/27/89
APPEAL 7-89 - Mr. O'Neil moved to deny the appeal as
submitted, as Mr. Peterson was unable to establish a hardship.
Mr. Berken seconded and the motion carried.
Page 4, BOA Minutes 4/27/89
APPEAL 8-89 - Mr. Pionek moved to approve the appeal as
submitted for a setback from Wentland Drive to allow a 15' x 40'
addition to the existing structure. The hardship is the location
of the existing building. Mr. Berken seconded and the motion
carried.
APPEAL 9-89 - Mr. Berken moved to approve the appeal as
submitted. The hardship is the narrow width of the lot and the
need for parking. Mr. O'Neil seconded and the motion carried.
APPEAL 10-89 - Mr. O'Neil moved to approve the appeal as
submitted. The hardship is the dimension of the lot and the
location of the house in conjunction to the garage. The 40'
driveway is to be pitched so as not shed any water on the
neighbor's property. Mr. Berken seconded and the motion carried.
Mr. O'Neil made a motion to elect Mr. Thomas Berken as the new
Vice Chairman. Mrs. Koester seconded and the motion carried.
ADJOURNMENT: Mr. O'Neil moved to adjourn at 11:30 P.M. Mrs.
Koester seconded and the motion carried.
Respectfully Submitted
Cheryl Schmidt
Recording Secretary
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