ZBA-Minutes 08-1991April 29, 1991
Vivian Bernhart
W192 57142-Hillside Dr.
Muskego, WI 53150
The Board of Appeals wishes to advise you that your revues: for
a 20' setback variance on Hillview,Drive to construct a '30' x 24'
garage at the above address
has been granted subject to the two sheds being removed upon the
completion of the garage.
Thank you.
Sincerely
BOA�RD�lOF APPEALS
Chervl cS nm dt
Recording Secretary
cds
cc: Chairman Fohr
Note: We have your application for the new appeal for the next meeting.
anc .__reu:iorc,. ache..__
CITY OF MUSK EGO
BOARD OF APPEALS
DATE
ADDRESS �t/��7 _�%/�l'1 �l�i/��i.Y� yip . TELEPHONE 5 j3
PROPERTY LOCATION ON WHICH VARIANCE IS REQUESTED
L! ADDRESS
SUBDIVISION �,1711/Z, C- -2 F� �,� LOT �.2; 3 BLOCK 3
TYPE OF ZONING 2 = - 3
VARIANCE REQUESTED: ,,q e
et- 3d KA
REASON FOR VARIANCE REQUEST:
$35.00 _- FEE TO BE PAID AT TIME OF APPLICATION:
DATE PAID RECEIPT NO.
DECISION OF THE BOARD OF APPEALS
pproved Refuse
CHAIRMAN � IAA A ,
VICE-CHAIRMAN
MEMBER
MEMBER
MEMBER ✓ I
FIRST ALTERN)C
v
SECOND ALTERNATE
Secre:ary
Dace
CITY OF MUSKEGO
BOARD OF APPEALS
MINUTES OF BOARD OF APPEALS MEETING ON APRIL 25, 1991.
Chairman Gerald Fohr called the meeting to order at 7:30 P.M.
PRESENT: Chairman Fohr, Vice -Chairman O'Neil, Thomas Berken,
Donald Pionek, Lloyd Erno, Darryl Rowinski and Director Lee.
ABSENT: Bonnie Posbrig.
MINUTES: Mr. O'Neil made a motion to approve the Minutes of the
March 28, 1991 meeting and Mr. Erno seconded. Upon a voice vote
the motion to approve the minutes passed unanimously.
APPEAL 5-91 - Donald B. Chapman, W188 S7628 Oak Grove
Chairman Fohr read the appeal for Mr. Chapman requesting a
re -consideration to request a 5' offset variance to allow an
existing storage structure. Zoning: RS-3/OLS. Mr. Lee gave some
history on this appeal. A 6' variance was requested at the last
meeting on 3/28/91 which was denied. Mr. Chapman is submitting a
survey as new evidence and asking for a 5' variance. His
structure projects into the right-of-way and now he needs a 5'
variance up to the lot line. Mr. Chapman stated since the last
meeting he has moved the shed within 5" of the house. He obtained
permission from the Park & Rec Department to get access to the
right-of-way to move it. He submitted pictures of how far he
moved the structure. He had problems with the well nearby.
Chairman Fohr opened discussion to the audience. Mr. Ed Lyon a
neighbor questioned the size of the shed and its position near the
lot line. Mr. Lee was questioned as to why a 5' offset is
required? Mr. Lee said for possible drainage problems and
emergency access (Fire Dept., etc.). Mr. O'Neil asked if he had
Plan Commission approval? He did not. Mr. Chapman said he just
replaced the old shed. His hardship is the position of the house,
well cap and a large tree, as well as utility lines in the yard.
There was some discussion about the restriction of access to the
lake with signs, etc. Another neighbor, Mr. Steffens asked what
all the fuss is about -- people can still go fishing, snowmobiles
use the yards. Mr. Chapman said he maintains the right-of-way by
cutting the grass, etc. He asked if he is denied what happens.
Mr. Lee said he would be given a reasonable amount of time to
remove the shed. Chairman O'Neil informed Mr. Chapman the Board
of Appeals will try to reach a decision on this variance tonight
and he could call the Building Inspection Office in the morning to
obtain the Board's decision or wait for it to be mailed to him
within five (5) days.
APPEAL 8-91 - Vivian Bernhardt, W192 57142 Hillside Drive
Chairman Fohr read the request for a 20' setback variance on
Hillview Drive to construct a 30' x 24' garage. Zoning: RS-3/OED
Mr. Lee explained the zoning requirements and the reason for the
appeal. The topography runs quite sharply on the lot.
Pg. 2
Mrs. Bernhardt and her son were present. She would like to put
the garage in line with her house, which would change the appeal
as requested. Mr. Rowinski explained that if the Board granted
her appeal tonight, she would be able to come back for another
appeal to request that variance. Mrs. Bernhardt also said the
existing sheds will come down. There was some discussion
concerning the distance from the center of the road and the road
width. Mr. Lee confirmed the road width. Chairman Fohr said the
Board would act on the appeal as submitted. Mrs. Bernhardt said
her hardship would be the elevation of the property. Chairman
Fohr informed Mrs. Bernhardt the Board would try to reach a
decision on the variance as requested and she could call the
Building Inspection Office in the morning to obtain the Board's
decision or wait for it to be mailed to her within five (5) days.
APPEAL 9-91 - Joe & Laurie Betla, S74 W 20570 Field Drive
Mr. Fohr read the appeal for an 18 1/2' variance from the east lot
line to construct a 24' x 30' second garage structure. Zoning:
RCE (rural country estates) There were two changes to be made to
the appeal: 1-change size of structure to be 24' x 30' and 18
1/2' variance from east lot line. Mr. Lee explained the method
used to determine the variance needed. The Recording Secretary
will make the changes for the records. Mr. Betla said his
hardship is the mound system and gully on the lot. Chairman Fohr
informed Mr. Betla the Board will try to reach a decision tonight
and he could call the Building Inspection Office in the morning to
obtain the Board's decision or wait for it to be mailed to him
within five (5) days.
The Board remained in Open Session.
APPEAL 5-91 - Donald B. Chapman
Several concerns about this variance request were discussed.
He did submit a survey for re -consideration. Mr. Chapman didn't
have Plan Commission approval or a permit. If denied, he can't
appeal for one (1) year. It was a bad choice to build the
structure. Mr. O'Neil made a motion to deny the variance based on
the fact that there is no appropriate hardship. Mr. Berken
seconded. Upon a roll call vote the motion to deny passed by a
vote of 4 to 2 with Chairman Fohr, Vice -Chairman O'Neil, Mr. Erno
and Mr. Berken for denial and Mr. Pionek and Mr. Rowinski voting
for the variance request.
APPEAL 8-91 - Vivian Bernhart
The Board discussed the various locations of the garage on the
lot. Mr. Erno made a motion to grant the variance conditioned
that that two sheds be removed upon completion of the garage. The
hardship is the topography of the site. Mr. O'Neil seconded.
Upon a roll call vote the motion to grant the variance passed
unanimously.
APPEAL 9-91 - Joe & Laurie Betla
The Board requested the records be made changed to show an 18
1/2' variance request from the east lot line and the size of the
CITY OF MUSKEGO
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN pursuant to Wisconsin State Statute 62.23
(3) 6. that a public hearing will be held at the Muskego City
Hall, W182 58200 Racine Avenue, at 7:30 P.M., Thursday, April 25,
1991 to consider the following appeals:
Appeal 5-91 DONALD B. CHAPMAN <(re -considered)
- -- W188 57628 Oak Grove
Muskego, WI 53150
Requesting a 5' offset variance to allow an
existing storage structure.
ZONING: RS-3/OLS
Appeal 8-91 VIVIAN BERNHART
W192 S7142 Hillside Drive
Muskego, WI 53150
Requesting a 20' setback variance on Hillside
Drive to construct a 30' x 24' garage.
ZONING: RS-3/OED
Appeal 9-91 JOE & LAURIE BETLA
S74 W20570 Field Drive
Muskego, WI 53150
Requesting an 8 1/2' variance from the east
lot line to construct a 24' x 34' second garage
structure.
ZONING: RCE
NOTICE OF CLOSED SESSION:
PLEASE TAKE NOTICE that the Board of Appeals of the City of
Muskego will 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
Gerald Fohr, Chairman
Dated this llth day of
April, 1991
�CP- 9/ 0
SUBURBAN SURVEYS, INC.
fsz,
$v.,EI• G .l.n-..r'v6 IIG-111. nG CCrvny,...G
1 76:0'•'. Natioral Ave.
Ncw Bcrlin, Wisc6rsir 53151
414-754-7971
FOR: VIVIAN E. BERNHARDT
LotSl, 2 and 3, Block 3 Hillview Farm Plat, part of
N' of NE, of Section 8, Town 5 North, Range 20 East,
City of Muskego, Waukesha County, Wisconsin.
�
GOP
S .d
J�O i 5�
EO
4I\9
5M EASURED
86° 1511M,
4/19/57
I
LiJ
r�
—
la
W
o
Q
a
W
a
J
J_
=3
N N
� N
N
0
z
25.00' —
PLAT OF SURVEY
N SCALE 1" = 40'
IP FOUND SE COR. L2 BI
4/19/57
r ti
HILLVIEW �' o _ DRIVE
ry
S. 89 ° 37' E . °Z t j
IQ I
-f ! 24.64' £
o ` .
,CC r+ oVc e 4 II
m DaV —
—25.e5
C 3o FT I
12
1 K
nl
` o F74 BLC# KK��
S. 860 38' W.
V' s
200.43'
47.53' —
44.54'
33.63
0
0
is 0
3 Z ;o.z
IB93'
56.02
,,•���v�5C O/ys
�a Corr AL
NEW SUMUN _
Wt&
�ii ''/y '•... ...
uRVE�O�,.
CERTIFICATION
I
"I have surveyed the above described property and the
Ln
above map is a true representation thereof, and shows the
r
size and location of the property, its exterior boundaries,
d
N
or
Q
the location and dimensions of all structures thereon,
fences, apparent easements and roadways and visible en-
croachments, if any.
l7
This survey is made for the exclusive use of the
Z
present owners of the property, and also those who
purchase, mortgage or guarantee the title thereto, within
N
S
one (1) year from date hereof; and as to them I hereby
N
°
w
certify that said survey and the above map were made in
accordance with acceptable professional standards and that
`n
J
the information contained thereon is, to the best of my
knowledge, information and belief a true and accurate
30.00'--
representation thereof."
1991
Dated this — day of _ IL
4 I Registered Land Sur yor
DRAFTED BY CCJ
JOB NO
qi-nrrni