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Zoning Board of Appeals 08-1993City o� �uJ&91 Mr. Craig Lawdanski S83 W16000 Bass Bay Ln. Muskego, WI 53150 BUILDING INSPECTION DEPARTMENT W182 58200 RACINE AVENUE • SOX 903 • MU5KEGO, WI 531 50-0903 • (414) 679-41 10 February 26, 1993 Re: Board of Appeals - S68 W17951 Island Dr. Dear Mr. Lawdanski: The Board of Appeals wishes to advise your that your request for a 2" variance to the Municipal Code #30.15(3)(a), which requires a minimum ceiling height of 6'10", to allow a 618" ceiling height has been approved as submitted. Sincerely, BOARD OF APPEALS Kathy Afbrecht Recording Secretary C ly of Sine Ke3idenlial JndujtriaC anal Kecreafiona! JaciCiliaj CITY OF MUSKEGO BOARD OF APPEALS MINUTES OF BOARD OF APPEALS MEETING HELD ON FEBRUARY 25, 1993 Chairman Gerald Fohr called the meeting to order at 7:30 p.m. PRESENT: Chairman Gerald Fohr, Vice Chairman Terry O'Neil, Mr. Lloyd Erno, Mr. Robert Vitt, Mr. Chuck Dykstra, Sr. ABSENT: Mr. Don Pionek, Mr. Thomas Berken, & Mr. Darryl Rowinski MINUTES: Mr. Vitt made a motion to approve the minutes of the January 28, 1993 meeting, and Mr. O'Neil seconded. Upon a voice vote, the motion to adopt the minutes passed unanimously. APPEAL #5-93 - Gregory S. Wade, S77 W18512 Janesville Rd., Muskego, Wisconsin, 53150, appeared requesting a 17' variance from the 60' base setback requirement from C/L Janesville Rd., to allow sign within base setback area to move business sign as part of overall landscape theme. He has owned this property for the last 10 years and has taken many other permits out with the City. He wishes to have the sign removed from front of yard and placed along driveway to align up with trees, so the sign is easily visible from the road. Mr. Wade stated he would sign a deed restriction to move the sign in the event the road would be widened in the future. Mr. Dykstra stated he may need approval from the County, as Janesville Road is a County Highway. The County may need to approve signs or even an extra entrance to the Highway. Mr. Wade stated this sign would be next to the street light. This sign would be the same sign as before but maybe positioned a little lower. Paul Wiedmann, neighbor to the West of Mr. Wade, stated there was a slight hill and curve in front of Mr. Wade's property. He was concerned about the obstruction of his view exiting his driveway. Carol Giesegh, another neighbor, also stated she was concerned about the sign being an obstruction of her visibility. Mr. Wade stated this sign will be north of the fence which was approved by the Plan Commission. This sign will still be 45 feet from the center of the road, 5 feet north of existing fence. The fence is 4 feet high. Neighbors agreed they would be satisfied if the sign was placed higher. Mr. Wade estimated the sign to be 23 sq. ft. and 11 ft. high. The sign is presently illuminated. Mr. Wade doesn't feel it would be a traffic hazard, as both the nursing home and church next door to him have signs closer to the road than this one will be placed. APPEAL #6-93 - Lynn Kurer, W143 S7989 Durham Dr., Muskego, Wisconsin, appeared requesting a variance to requirement of Municipal Code #32.02(2)(j) which requires the installation of a firewall and/or fire sprinkler in a building to be used for garage or commercial storage purposes. City water service is not available in this area and no hazardous materials will be stored. Board of Appeals Page 2 February 25, 1993 The size of this storage building is 40' x 200' and has been approved by the Plan Commission. This building, with 5 bays within, will be used to store vehicles and rental space. Mr. Dykstra stated sprinklers or a firewall with a 4-hr. rating are required for a commercial building this size. Mrs. Kurer stated she was unaware of the fire code and felt it was not feasible. Mrs. Kurer has her things in storage right now and has renters awaiting to use her building. Plan Commission reviewed this building for architectural appeal for the area, not for building code. Mrs. Kurer hired the contractor in September construct the building and paid him $36 or $37,000 and felt he would take care of everything, including the permits and building codes required. Mr. Dykstra stated he explained the codes to Mrs. Kurer in October when the plans were dropped off. In October when the permit was approved, Mr. Dykstra listed one of the conditions being a firewall or a sprinkler system. Mr. Phil Dibb & Mr. Tom Kramer, Tess Corners Fire Department Fire Code Administrators, appeared to explain why a firewall or sprinkler system was beneficial. Mr. Dibb stated this situation was not impossible, but could be costly. Variances shouldn't be given to take away from the protection of the public. He explained this situation could be hazardous to the Fire Department trying to protect it from a fire. Mrs. Kurer received a citation from the Building Department for proceeding with construction of a new building without obtaining a permit. The citation is issued to the owner rather than the builder. Mrs. Kurer felt her hardship for this variance was that everything is already bought. Mr. O'Neil asked why the Plan Commission approved the plan without the firewall or sprinkler. Mr. Dykstra explained the Plan Commission does not look at the submittals for compliance with building codes. Mr. Dibb stated the firewall could be constructed without changing the building. One wall has to be modified. Mr. Fohr said the builder should have informed the buyer of the fire code. APPEAL #7-93 - Lynn Kurer / Bushy's Pub, S67 W14831 Janesville Rd., Muskego, Wisconsin, appeared requesting a 3.19 ft. setback variance from the requirement of 75.15 ft. to allow the construction of an addition onto the existing non -conforming structure to expand the existing structure to the southwest. If the value of this addition is 50% or more of the existing structure, the existing building will have to be brought up to the present code. This addition will be used for business not living space. Mrs. Kurer stated she is actually enclosed the space now being used as a patio/garden. Hardship being an increase in business and a unique size lot. APPEAL #8-93 - Craig Lawdanski, S68 W17951 Island Dr., Muskego, Wisconsin, appeared requesting a 2" variance to the Municipal Code #30.15(3)(a), which requires a minimum ceiling height of 611011, to Board of Appeals Page 3 February 25, 1993 without permits that did not comply with code. Mr. Dykstra stated this home has gone through a few code compliances with previous owners and this violation was not noticed. This home was constructed in 1935. Previous owners had done some remodeling without permits that lead the building inspector to inspect this remodeling closer. Code Compliance is to insure home is up to code and all existing work has permits and is done properly. Permits cannot be issued for this work without receiving a variance for the ceiling height. Hardship being the work was done prior to the current owner's purchasing home. The meeting remained in open session. APPEAL #5-93 - Gregory S. Wade, S77 W18512 Janesville Rd., Muskego, Wisconsin. Chairman Fohr stated the reason for the position of the signs for the church & nursing room was the paved parking lots. Hardship being that the sign is being hidden by trees. He stated he couldn't see a hardship for this sign. Mr. O'Neil stated moving the sign actually takes your eyes off of the road. He said he has no problem; it would be a more feasible sign. Mr. Vitt made a motion to approve this appeal as submitted stating that trees weren't this size 10 years ago and in this new location it would attract business. The existing height would be maintained. Mr. O'Neil seconded. Upon a roll call vote, the vote was 3 members voting yes and 1 member voting no. Since less than four persons voted to approve the variance, the motion failed. APPEAL #6-93 - Lynn Kurer, W143 57989 Durham Dr., Muskego, Wisconsin. Hardship cannot be financial or ignorance of the building codes in Muskego. The Board advised a firewall be installed in this commercial building. Mr. O'Neil made a motion to deny this appeal for lack of a hardship. Chairman Fohr seconded. Upon a voice vote, the motion passed unanimously APPEAL #7-93 - Lynn Kurer / Bushy's Pub, S67 14831 Janesville Rd., Muskego, Wisconsin, 53150. Mr. Vitt made a motion to approve this appeal as submitted. Hardship being existing location of original structure and lot size. Chairman Fohr seconded. Upon a voice vote, the motion passed unanimously. APPEAL #8-93 - Craig Lawdanski, S68 W17951 Island Dr., Muskego, Wisconsin, 53150. Mr. O'Neil made a motion to approve this appeal as submitted. Hardship being work being done by pre-existing owners. Mr. Vitt seconded. Upon a voice vote, the motion passed unanimously. Board of Appeals Page 4 February 25, 1993 MISCELLANEOUS BUSINESS: It was decided that Board Members review Don Pionek's suggestions on survey requirements before the next meeting and discuss them at that time. Chairman Fohr asked that the fees also be voted on next month. A survey of surrounding community fees was taken and results from them will be sent out to the board members before the next meeting. ELECTION OF OFFICER: Mr. O'Neil nominated Don Pionek as the Board's new Vice -Chairman. Mr. Vitt seconded. Upon voice vote, the motion was unanimous. ADJOURNMENT: There being no further business, Chairman Fohr made a motion to adjourn and Mr. Vitt seconded. Upon voice vote, the motion to adjourn passed unanimously. The meeting was adjourned at 9:45 p.m. Respectfully submitted, BOARD OF APPEALS Kathy A recht Recording Secretary 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 S8200 Racine Avenue, at 7:30 P.M., Thursday, February 25, 1993 to consider the following appeals: APPEAL 5-93 Gregory S. Wade S77 W18512 Janesville Rd. Muskego, WI 53150 REQUESTING: 17' variance from the 60' base setback requirement from C/L Janesville Rd., to allow sign within base setback area. REASON: To move business sign as part of overall landscape theme. ZONING: RS3/OOS APPEAL 6-93 Lynn Kurer W143 S7989 Durham Dr. Muskego, WI 53150 REQUESTING: Variance to requirement of municipal APPEAL 7-93 code #32.02(2)(j) which requires the installation of a firewall and/or fire sprinkler in a building to be used for garage or commercial storage purposes. REASON: City water service not available and no hazardous materials will be stored. ZONING: R2/OOS Lynn Kurer S67 W14831 Muskego, WI REQUESTING: REASON: ZONING: / Bushy's Pub Janesville Rd. 53150 A 3.19 ft. setback variance from the requirement of 75.15 ft. to allow the construction of an addition onto the existing non -conforming structure. To expand the existing structure to the southwest. B-2 APPEAL 8-93 Craig Lawdanski S68 W17951 Island Dr. Muskego, WI 53150 REQUESTING: 2" variance to the municipal code #30.15(3)(a), which requires a minimum ceiling height of 6'10", to allow a 6'8" ceiling height. REASON: Previous owners performed work without permits that did not comply with code. ZONING: RS3/OED Board of Appeals Page 2 February 25, 1993 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 15th day of February, 1993 REALTY ExECUTIYES February 5,1993 City of Muskego Board of Appeals W182 S8200 Racine Ave. Muskego, WI 53150 Dear Board Members, Please consider this a request for a 2" variance on the minimum Housing Code requirement of 6' 10" in all habitable rooms for a single family residence. Area of request is the lower exposed level at S68 W17951 Island Dr. Muskego. I am representing owner of this property who is a member of our military who presently lives out of state. We are requesting this variance because of hardship. When this property was purchased in 1974 seller was not advised by the City of Muskego that the living area in the exposed lower did not comply to code. We now have an accepted offer to purchase on this and have now been informed by the City of Muskego that this lower exposed area dose not comply to code because of a 2" deficiency in height. This lower level existed with kitchen, bath, bedroom and utility room, with the same ceiling height when purchased in 1974. Owner did remodel first floor and at least 1 permit was obtained and any added permits required by the City refer to the first floor and not lower area of which we are requesting the variance. We also have buyers who are satisfied with this property as it exists, but do not this same situation on any future inspections They have spent their time and money to obtain financing of which they stand to loose without this variance. (loan commitment expires February 26,1993 ) To raise this ceiling height in lower area would not be feasible because entire house would have to be raised off the foundation and to relocate kitchen and other rooms to upper floors would require complete reconstruction of this home. 5428 SOUTH 108TH STREET 3235 NORTH 124TH STREET L 19601 WEST BLUEMOUND ROAD - SUITE 4 HALES CORNERS, WI 53130.1335 BROOKFIELD, WI 53005-3112 WAUKESHA, WI 53186-1997 PHONE (414) 529-7000 PHONE (414) 783-7080 PHONE (414) 789-2555 REALTOR • MLS • EQUAL HOUSING OPPORTUNITY So please consider this request from the seller and buyer who are hoping to close on this property on February 26, 1993 Sincerely Craig Lawdanski Realty Executives S83 W16000 Bass Bay Ln. Muskego WI 53150 Dressures. CHAPTER IV. DESIGN tached to under loa iding. TION 30.15 -- GENERAL REQUIREMENTS f (I.) APPLICATION -- All buildings or structures shall follow the applicable in6ludifi requirements of Secticn 30.02, 30.025 and 30.03. (2.) ROOM AREAS -- Roan sizes for one and two family dwellings shall be equal eal approv to or greater than those listed in Table No. 2. Multiple family buildings shall have room sizes as approved by the municipality. enclosed (a.) Minimum dimension of living rocros shall be eleven (11) feet and of ate floor kitchens, six (6) feet. Minimum room areas shall not include areas used for storage or closet purposes. als not (b.) Rooms and spaces not herein regulated as to area shall be connected to a living or other habitable room. Rooms and spaces not herein regulated and of areas less than the minimum areas herein required shall not be used for living, dining, sleeping or kitchen purposes. (c.) No habitable rooms shall be permitted in basements unless the vertical distance from grade to ceiling is greater than the vertical distance from the orade to floor below. (d.) No additional dwelling units shall be created or maintained by rearranging roan suites, by subdividing rooms or by alterations in any existing building or structure unless such dwelling units have been authorized by permit and comply with this and other applicable regulations. TABLE NO. 2 pflnM 8P A1:1 Category Living Room Living Room with Dining Space Dining Room Kitchen - Useable Floor Area Bedroom Other Habitable Rooms Bathroom (3.) CEILING HEIGHTS Minimum Requirement Dimension 160 Square Feet 11' 180 Square Feet 80 Square Feet 60 Square Feet 6' 100 Square Feet 70 Square Feet (See Sec. 30.15(6)(c) (a.) Except as otherwise permitted by local requirements, the minimum clear ceiling height of all habitable rooms in one and two family homes shall have a minimum ceiling height of seven (7) feet, six (6) inches. Basement ceiling height shall be a minimum of six (6) feet, ten (00) inches under joists. -25-