Zoning Board of Appeals 08-1997CITY OF MUSKEGO
BOARD OF APPEALS
MINUTES OF MAY 15, 1997
PRESENT: Chairman Terry O'Neil, Vice Chairman Mike Brandt, Dan
Schepp, Henry Schneiker, and Heather Schuster.
ABSENT: James Ross and Ed Herda.
MINUTES: Minutes were deferred to May 22, 1997 meeting.
OLD BUSINESS:
Appeal # 09-97 Curt and Collette Klenz, W166 S8282 Kurtze Lane
REQUESTING: Under the direction of Section 3.08 (1) Appeal
Provisions, Petitioner seeks one (1) variance: 1. Chapter
30--Building Code: Chapter IV Design, Section 30.15 General
Requirements. Said regulation requires the ceiling height of all
habitable rooms to have a minimum ceiling height of seven (7) feet
six (6) inches. Petitioner seeks a seven (7) foot ceiling space in
a habitable basement space. Zoned: RS-3/OLS, Residential Suburban
District with a Lake Shore Overlay.
Carlos Trejo read a denial letter from the Building Inspection
Department dated May 2, 1997, outlining Building Code, Section
30.15 (3)(a).
The Board members questioned "basement" and "habitable". Also, the
City will be adopting the Southeast Wisconsin Uniform Building Code
sometime in the near future which allows for all basements built
after 1980 to have a 7' ceiling height.
Henry Schneiker made a motion to amend Appeal #09-97 to appealing
an Administrative Ruling, not a building code appeal. Mr. Brandt
seconded. Upon roll call vote, motion to amend carried.
Mr. Brandt swore in Collette Klenz. Mrs. Klenz stated she obtained
a building permit in February, 1997, to build a bedroom,
bathrooming and couch area. This will have an exposed basement
with a finished ceiling height of 7'.
Carlos Trejo read I.L.H.R 21.06 regarding "Ceiling Heights".
Appeal #08-97Jeannine and William Deering,213 S7483 Annes Way
REQUESTING: Under the direction of Section 3.08 (1) Appeal
Provisions, Petitioner seeks two (2) variances: 1. Chapter
30--Building Code: Said regulation restricts the interior area of
a wood framed accessory structure to 720 square feet. Petitioner
seeks a 288 square foot variance to permit a 1008 square foot
accessory structure without a dividing firewall. 2. Chapter
30--Buildinq Code: Chapter XI, Section 30.43 (5) Floor Surface:
Said regulation requires the floor surface of all private garages
to be of concrete construction and sloped toward the exterior
garage door or opening. Zoned: RCE, Country Estate District.
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Page 2
Mike Brandt made a motion to amend Appeal #08-97 to appeal an
Administrative ruling, not a building code appeal. Henry Schneiker
seconded, upon roll call vote, motion to amend was carried.
A letter was read from the Building Inspection Department Director
outlining the denial to construct a 1008 square foot non-commercial
accessory structure with a dirt floor and without a firewall.
Mike Brandt swore in William and Jeannie Deering.
The Board members question how many acres are required to allow for
a agricultural building. 35 acres are required to build an ag
building. On RCE zoning one horse is allowed for every 2.75 acres.
The Board members questioned the reasoning behind allowing RCE
zoning to have horses, but not allowing an ag type building. They
also questioned the ability to have a Conditional Use applied to
these properties with horse.
Mrs. Deering stated neighboring communities allow for accessory
buildings without concrete floors for livestock. Mrs. Deering read
a letter from a horse trainer stating concrete floors are
detrimental to the horses.
The Board members directed Mr. Trejo to obtain ordinance from
neighboring communities and forward to the Council. They also
suggested changing the ordinance for Accessory Buildings in a RCE
zoning to allow for housing of livestock.
Appeal # 10-97Ronald P. and Joanne L. Knox, W180 S6807 Muskego
Drive. REQUESTING: Under the direction of Section 3.08 (1) Appeal
Provisions, Petitioner seeks two (2) variance: 1. Chapter
17--Zoning Ordinance: Section 5.02 (3) Building Location: Offsets.
Said regulation requires a minimum five (5) foot offset from the
northern property line. Petitioner seeks a 1.5 foot variance to
build an addition 3.5 feet from the northern property line.
2. Chapter 17--Zoning Ordinance: Section 5.03 Height. Said
regulation limits the height of an accessory structure to fifteen
(15) feet from grade at entry to peak of roof. Petitioner seeks a
4.3 foot variance to build a gazebo 19.3 feet high. Zoned:
RS-3/OLS, Residential Suburban District with a Lake Shore Overlay.
Mr. Knox sent a letter requesting to be placed on the May 22, 1997
agenda.
Appeal # 11-97 Steven B. Brauch, S69 W16706 Martin Drive
REQUESTING: Under the direction of Section 3.08 (1) Appeal
Provisions, Petitioner seeks two (2) variances: 1. Chapter
17--Zoning Ordinance: Section 4.05 (2) C.4 Accessory Structures:
Permanent Structures. Said regulation restricts the square footage
of total outbuildings to 60% of the floor area of the principal
building on the lot. Petitioner seeks a 113% variance to a build
an accessory structure totaling 173% of the floor area of the
principal building on the lot. 2. Chapter 30--Building Code:
Chapter XI, Section 30.43 (3) (c) Garages: General Requirements.
Said regulation restricts the interior area of a wood framed
accessory structure to 720 square feet. Petitioner seeks a 112
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Page 3
square foot variance to permit a 832 square foot accessory
structure without a dividing firewall. Zoned: RS-1, Suburban
Residence District.
To be placed on the May 22, 1997, agenda.
DELIBERATION
Appeal #9-97 Henry Schneiker made a motion to allow basements to
have a ceiling height of 617" for finished or nonfinished,
habitable and nonhabitable basements. Heather Schuster seconded,
upon roll call vote, motion carried unanimously.
Appeal #8--97 Dan Schepp made a motion to refund the Board of
Appeals variance fee to Mr. and Mrs. William Deering and request
Carlos Trejo to pursue an ordinance change to allow an accessory
building to be built to house livestock to be constructed without a
cement floor. Mr. Schneiker seconded, upon roll call vote, motion
carried unanimously.
Appeal #10-97 (Scheduled for May 22, 1997 meeting.)
Appeal #11-97 (Scheduled for May 22, 1997 meeting.)
ADJOURN: Henry Schneiker made a motion to adjourn. Dan Schepp
seconded. With no further business to come before this Board, the
meeting adjourned at 9:45 P.M.
Respectfully submitted,
Susan J. S oeder
Recording Secretary
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 Wisconsin
Room at the Muskego City Hall, W182 S8200 Racine Avenue, at 7:00
P.M., Thursday, May 15, 1997, 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. APPROVAL OF MINUTES OF THE APRIL 24, 1997 MEETING
5. OLD BUSINESS
Appeal # 08-97
Jeannine and William Deering
W213 S7483 Annes Way
Muskego, WI 53150
REQUESTING: Under the direction of Section 3.08 (1)
Appeal Provisions, Petitioner seeks two (2) variances:
1. Chapter 30--Building Code: Said regulation
restricts the interior area of a wood framed accessory
structure to 720 square feet. Petitioner seeks a 288
square foot variance to permit a 1008 square foot
accessory structure without a dividing firewall.
2. Chapter 30--Building Code: Chapter XI, Section 30.43
(5) Floor Surface: Said regulation requires the floor
surface of all private garages to be of concrete
construction and sloped toward the exterior garage door
or opening.
Zoned: RCE, Country Estate District.
Appeal # 09-97
Curt and Collette Klenz
W166 S8282 Kurtze Lane
Muskego, WI 53150
REQUESTING: Under the direction of Section 3.08 (1)
Appeal Provisions, Petitioner seeks one (1) variance:
1. Chapter 30--Building Code: Chapter IV Design, Section
30.15 General Requirements. Said regulation requires
the ceiling height of all habitable rooms to have a
BOA 05/15/97
Page 2
minimum ceiling height of seven (7) feet six (6)
inches. Petitioner seeks a seven (7) foot ceiling space
in a habitable basement space.
Zoned: RS-3/OLS, Residential Suburban District with a
Lake Shore Overlay.
Appeal # 10-97
Ronald P. and Joanne L. Knox
W180 56807 Muskego Drive
Muskego, WI 53150
REQUESTING: Under the direction of Section 3.08 (1)
Appeal Provisions, Petitioner seeks two (2) variance:
1. Chapter 17--ZoningOrdinance: Section 5.02 (3)
Building Location: Offsets. Said regulation requires a
minimum five (5) foot offset from the northern property
line. Petitioner seeks a 1.5 foot variance to build an
addition 3.5 feet from the northern property line.
2. Chapter 17--zoning Ordinance: Section 5.03 Height.
Said regulation limits the height of an accessory
structure to fifteen (15) feet from grade at entry to
peak of roof. Petitioner seeks a 4.3 foot variance to
build a gazebo 19.3 feet high.
Zoned: RS-3/OLS, Residential Suburban District with a
Lake Shore Overlay.
Appeal # 11-97
Steven B. Brauch
S69 W16706 Martin Drive
Muskego, WI 53150
REQUESTING: Under the direction of Section 3.08 (1)
Appeal Provisions, Petitioner seeks two (2) variances:
1. Chapter 17--Zoning Ordinance: Section 4.05 (2) C.4
Accessory Structures: Permanent Structures. Said
regulation restricts the square footage of total
outbuildings to 60% of the floor area of the principal
building on the lot. Petitioner seeks a 113% variance
to a build an accessory structure totaling 173% of the
floor area of the principal building on the lot.
2. Chapter 30--Building Code: Chapter XI, Section 30.43
(3) (c) Garages: General Requirements. Said regulation
restricts the interior area of a wood framed accessory
structure to 720 square feet. Petitioner seeks a 112
square foot variance to permit a 832 square foot
accessory structure without a dividing firewall.
Zoned: RS-1, Suburban Residence District.
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Page 3
6. NEW BUSINESS
NONE
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.
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
Terry O'Neil, Chairman
Dated this llth day of April, 1997
PLEASE NOTE: It is possible that members of and possibly a quorum of members of other governmental
bodies cf the municipality may be in attendance at the above -stated meeting other than the
governmental body specifically referred to above in this notice.
Also, upon reasonable notice, efforts will be made to accommodate the needs of disabled individuals
through appropriate aids and services. For additional information or to request this service,
contact Jean K. Marenda, City Clerk, at Muskego City Hall, 679-5625.
Also, Board of Appeals members may conduct site visits for informational purposes.
CITY OF MUSKEGO
BOARD OF APPEALS
MINUTES OF APRIL 24, 1997 MEETING
PRESENT: Chairman Terry O'Neil, Vice Chairman Mike Brandt, Henry
Schneiker, Ed Herda, Heather Schuster and James Ross.
MINUTES: Ms. Schuster made a motion to accept the minutes from
March 27, 1997, meeting. Mr. Schneiker seconded, upon voice vote,
motion carried.
OLD BUSINESS: Signing of decision letters for Appeal 5-97 and
Appeal 6-97.
Appeal # 07-97 Anne and Michael Recknagel, W190 S7096 Wentland
Drive. REQUESTING: Under the direction of Section 3.08 (1)
Appeal Provisions, Petitioner seeks two (2) variances: 1. Chapter
17--Zoning Ordinance: Section 5.02 (3) A.1 Building Location
Offsets. Said regulation requires a 7.5 foot offset from the
northern property line. Petitioner seeks a 4.6 foot variance to
build an addition to the rear of the home 2.9 feet from the
northern property line. 2. Chapter 17--ZoningOrdinance: Section
4.06 (2) A.1 Legal Nonconformity: Classification and Regulation.
No such structure may be expanded or enlarged except in conformity
with the regulations of the district in which it is located.
Petitioner seeks to construct an addition 2.9 feet from the
northern property line. Zoned: RS-3/OLS, Suburban Residence
District with a Lake Shore Overlay.
This appeal was deferred from the March 27, 1997, meeting to allow
appellant time to consider the total remodeling job.
Mr. Brandt swore in Anne and Michael Recknagel as well as neighbor
Barbara LaMere.
Mr. Trejo stated the proposed addition would be within the 50%
assessed value and the month deferral allowed for neighbors to
review the proposed addition. The revised plans now angle the
deck 45 degrees with a wrap around deck within the compliance area.
Mrs. LaMere stated she had concerns in regards to the original
plans because the extension would block views of the lake from her
home, however, she finds the new plans acceptable and has no
objections to the expansion.
No other calls from neighbors were received in regards to this
issue.
NEW BUSINESS
Appeal # 08-97, Jeannine and William Deering, W213 S7483 Annes
Way. REQUESTING: Under the direction of Section 3.08 (1) Appeal
Provisions, Petitioner seeks two (2) variances: 1. Chapter
30--Building Code: Said regulation restricts the interior area
of a wood framed accessory structure to 720 square feet.
Petitioner seeks a 288 square foot variance to permit a 1008
square foot accessory structure without a dividing firewall. 2.
Chapter 30--Building Code: Chapter XI, Section 30.43 (5) Floor
Surface: Said regulation requires the floor surface of all
private garages to be of concrete construction and sloped toward
the exterior garage door or opening. zoned: RCE, Country Estate
District.
Mr. Brandt swore in Jeannine Deering.
Mr. Trejo stated that under the advice from the City's attorneys,
staff would be recommending that this appeal (Appeal #8-97), and
Appeals #9-97 and Appeal #11-97 request no. 2, be deferred. All
three of these items deal with issues in regards to the City's
building code, and under the interpretation of the City's
attorneys, items dealing with building code issues are not
appealable, and the Board is not allowed to vary building codes,
as they have no authority under the state statutes. The Board of
Appeals may only hear appeals regarding an inspector's
interpretation of a building code. Counsel recommends deferral of
Appeals #8-97, 9-97, and 11-97 request no. 2, due to the fact they
all are requesting a variance from building codes and not from an
administrative interpretation or a zoning code, until further
interpretation is available. Mr. Trejo stated he will make every
effort to obtain an interpretation and schedule a special meeting
prior to the regular May meeting.
Ms. Schuster made a motion to defer Appeals #8-97 and #9-97 and
Appeal #11-97, request no. 2. Mr. Schneiker seconded. After
discussion regarding the Board of Appeals inability to hear these
appeals, a role call vote was called. The motion to defer passed
3-2, with Chairman O'Neil and Mr. Herda voting nay.
Appeal # 09-97, Curt and Collette Klenz, W166 S8282 Kurtze Lane
REQUESTING: Under the direction of Section 3.08 (1) Appeal
Provisions, Petitioner seeks one (1) variance: 1. Chapter
30--Building Code: Chapter IV Design, Section 30.15 General
Requirements. Said regulation requires the ceiling height of all
habitable rooms to have a minimum ceiling height of seven (7) feet
six (6) inches. Petitioner seeks a seven (7) foot ceiling space
in a habitable basement space. Zoned: RS-3/OLS, Residential
Suburban District with a Lake Shore Overlay.
DEFERRED.
Appeal # 10-97, Ronald P. and Joanne L. Knox, W180 S6807 Muskego
Drive REQUESTING: Under the direction of Section 3.08 (1) Appeal
Provisions, Petitioner seeks two (2) variance: 1. Chapter
17--ZoningOrdinance: Section 5.02 (3) Building Location:
Offsets. Said regulation requires a minimum five (5) foot offset
from the northern property line. Petitioner seeks a 1.5 foot
variance to build an addition 3.5 feet from the northern property
line. 2. Chapter 17--Zoning Ordinance: Section 5.03 Height. Said
regulation limits the height of an accessory structure to fifteen
(15) feet from grade at entry to peak of roof. Petitioner seeks a
4.3 foot variance to build a gazebo 19.3 feet high. Zoned:
RS-3/OLS, Residential Suburban District with a Lake Shore Overlay.
Mr. Jim Ross stepped down on this appeal.
Mr. Brandt administered an oath to Mr. Knox. Mr. Trejo described
the zoning of the lot. Mr. Knox stated he plans of building a
gazebo on top of an extension to an existing deck as this is the
only location available. If it were built on the ground, it would
be located in the middle of the of the existing deck stairs. Also
there is a tree that the existing deck is built around, this
cannot be moved, and also the view would be lost.
Mr. Trejo explained the grade is measured from the grade of
entry. In this case, Mr. Knox has place the gazebo on top of a
raised deck. In order to apply the ordinance fairly to all
property owners, the grade is measured from ground grade, not at
the point of entry. Mr. Knox stated this structure would still be
lower than the highest point of the house and lower than the
neighbor's house. Mr. Knox has a letter from the neighbor
granting his approval.
Mr. Trejo questioned the hardship applicable to both the offset
and height. Mr. Knox stated the deck would need to be
reconfigured and the loss of the view.
Appeal # 11-97, Steven B. Brauch, S69 W16706 Martin Drive
REQUESTING: Under the direction of Section 3.08 (1) Appeal
Provisions, Petitioner seeks two (2) variances: 1. Chapter
17--Zoning Ordinance: Section 4.05 (2) C.4 Accessory Structures:
Permanent Structures. Said regulation restricts the square
footage of total outbuildings to 60% of the floor area of the
principal building on the lot. Petitioner seeks a 113% variance
to a build an accessory structure totaling 173% of the floor area
of the principal building on the lot. 2. Chapter 30--Building
Code: Chapter XI, Section 30.43 (3) (c) Garages: General
Requirements. Said regulation restricts the interior area of a
wood framed accessory structure to 720 square feet. Petitioner
seeks a 112 square foot variance to permit a 832 square foot
accessory structure without a dividing firewall. Zoned: RS-1,
Suburban Residence District.
Mr. Jim Ross stepped down on this appeal.
Chairman O'Neil stated the Board would only hear the first half of
this appeal, the portion regarding the zoning for an accessory
structure.
Mr. Brandt swore in Steven Brauch, Paul Brauch and Edith
Hofrichter.
Mr. Trejo stated the residence on this property has a foot print
of 480 square feet not the 1600 square feet allowed by this zoning
area. Mr. Brauch is requesting a 26' by 32' garage to park his
handicap accessible van and place storage in. Mr. Brauch does not
wish to attach the garage to his home as that would restrict
future expansion of his residence. Mr. Brauch stated he plans in
the future also to divide his lot which further limits the
expansion of his residence.
Mrs. Hofrichter is concerned that a garage of this size would
affect the sale of her home this summer. On the advice of her
attorney, she is objecting to the oversize structure being built.
Mr. O'Neil stated there would be 200 feet from the property line
to her residence.
DELIBERATIONS
Mr. Trejo stated, that prior to the deliberations of today's
appeals, Attorney Eric Larson, from Arnez, Molter, Macy & Riffle,
the City's contracted attorneys, would speak in regards hardship
and variance standards. Mr. Brandt made a motion to allow Attorney
Larson to speak regarding variance standards, Mr. Ross seconded.
Upon roll call vote, the motion carried 5-1, Mr. Herda voting nay.
Attorney Larson discussed the three statutory standards required
to issue a variance: 1. Unnecessary Hardship, where the absence
of a variance, an owner can make no feasible use of a property.
2. Unique property Limitation, unique physical characteristics of
the property, not the desires of or conditions personal to the
applicant, must prevent the applicant from developing in
compliance with the zoning ordinance. 3. Protection of the
Public Interest, granting of a variance must not harm the public
interest. Attorney Larson went further to explain financial
limitations and self-imposed hardships are not to be taken into
consideration.
APPEAL #7-94
Mr. Brandt made a motion to deny Appeal #7-97, due to the lack of
hardship. Ms. Schuster seconded. Roll call vote was taken after
a short discuss. Motion carried 3-2, with Brandt and Herda voting
nay, and Mr. Ross's vote not counting as he is second alternate.
APPEAL #8-97 *Deferred*
APPEAL #9-97 *Deferred*
APPEAL #10-97 Mr. 5chneiker made a motion to defer Appeal #10 and
Appeal #11 until the Board of Appeals receives direction from
counsel. Mr. Brandt seconded. Upon roll call vote, motion
carried unanimously.
APPEAL #11-97 *Deferred with Appeal #10-97*
ADJOURN: Mike Brandt made a motion to adjourn. Ed Herda
seconded. With no further business to come before this Board, the
meeting adjourned at 10:45 P.M.
Respectfully submitted,
Susan J. Schroeder
Recording Secretary
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 Wisconsin
Room at the Muskego City Hall, W182 S8200 Racine Avenue, at 7:00
P.M., Thursday, April 24, 1997, 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. APPROVAL OF MINUTES OF THE MARCH 27, 1997 MEETING
5. OLD BUSINESS
1. Signing of decision letter from the March 27,
1997 meeting.
2. Appeal # 07-97
Anne and Micheal Recknagel
W190 S7096 Wentland Drive
Muskego, WI 53150
REQUESTING: Under the direction of Section 3.08 (1)
Appeal Provisions, Petitioner seeks two (2) variances:
1. Chapter 17--Zoning Ordinance: Section 5.02 (3) A.1
Building Location : Offsets. Said regulation requires
a 7.5 foot offset from the northern property line.
Petitioner seeks a 4.6 foot variance to build an
addition to the rear of the home 2.9 feet from the
northern property line.
2. Chapter 17--Zoning Ordinance: Section 4.06 (2) A.1
Legal Nonconformity: Classification and Regulation. No
such structure may be expanded or enlarged except in
conformity with the regulations of the district in which
it is located. Petitioner seeks to construct an
addition 2.9 feet from the northern property line.
Zoned: RS-3/OLS, Suburban Residence District with a
Lake Shore Overlay.
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Page 2
6. NEW BUSINESS
Appeal # 08-97
Jeannine and William Deering
W213 S7483 Annes Way
Muskego, WI 53150
REQUESTING: Under the direction of Section 3.08 (1)
Appeal Provisions, Petitioner seeks two (2) variances:
1. Chapter 30--BuildingCode: Said regulation
restricts the interior area of a wood framed accessory
structure to 720 square feet. Petitioner seeks a 288
square foot variance to permit a 1008 square foot
accessory structure without a dividing firewall.
2. Chapter 30--BuildingCode: Chapter XI, Section 30.43
(5) Floor Surface: Said regulation requires the floor
surface of all private garages to be of concrete
construction and sloped toward the exterior garage door
or opening.
Zoned: RCE, Country Estate District.
Appeal # 09-97
Curt and Collette Klenz
W166 S8282 Kurtze Lane
Muskego, WI 53150
REQUESTING: Under the direction of Section 3.08 (1)
Appeal Provisions, Petitioner seeks one (1) variance:
1. Chapter 30--Buildinq Code: Chapter IV Design, Section
30.15 General Requirements. Said regulation requires
the ceiling height of all habitable rooms to have a
minimum ceiling height of seven (7) feet six (6)
inches. Petitioner seeks a seven (7) foot ceiling space
in a habitable basement space.
Zoned: RS-3/OLS, Residential Suburban District with a
Lake Shore Overlay.
Appeal # 10-97
Ronald P. and Joanne L. Knox
W180 S6807 Muskego Drive
Muskego, WI 53150
REQUESTING: Under the direction of Section 3.08 (1)
Appeal Provisions, Petitioner seeks two (2) variance:
1. Chapter 17--ZoningOrdinance: Section 5.02 (3)
Building Location: Offsets. Said regulation requires a
minimum five (5) foot offset from the northern property
BOA 04/24/97
Page 3
line. Petitioner seeks a 1.5 foot variance to build an
addition 3.5 feet from the northern property line.
2. Chapter 17--Zoning Ordinance: Section 5.03 Height.
Said regulation limits the height of an accessory
structure to fifteen (15) feet from grade at entry to
peak of roof. Petitioner seeks a 4.3 foot variance to
build a gazebo 19.3 feet high.
Zoned: RS-3/OLS, Residential Suburban District with a
Lake Shore Overlay.
Appeal # 11-97
Stven B. Brauch
S69 W16706 Martin Drive
Muskego, WI 53150
REQUESTING: Under the direction of Section 3.08 (1)
Appeal Provisions, Petitioner seeks two (2) variances:
1. Chapter 17--Zoning Ordinance: Section 4.05 (2) CA
Accessory Structures: Permanent Structures. Said
regulation restricts the square footage of total
outbuildings to 60% of the floor area of the principal
building on the lot. Petitioner seeks a 113% variance
to a build an accessory structure totaling 173% of the
floor area of the principal building on the lot.
2. Chapter 30--Building Code: Chapter XI, Section 30.43
(3) (c) Garages: General Requirements. Said regulation
restricts the interior area of a wood framed accessory
structure to 720 square feet. Petitioner seeks a 112
square foot variance to permit a 832 square foot
accessory structure without a dividing firewall.
Zoned: RS-1, Suburban Residence District.
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.
The Board of Appeals will then reconvene into open session.
Detailed descriptions are available for public inspection at the
BOA 04/24/97
Page 4
Clerk's office. All interested parties will be given an
opportunity to be heard.
Board of Appeals
City of Muskego
Terry O'Neil, Chairman
Dated this llth day of April, 1997
PLEASE NOTE: It is possible that members of and possibly a quorum of members of other governmental
bodies of the municipality may be in attendance at the above -stated meeting other than the
governmental body specifically referred to above in this notice.
Also, upon reasonable notice, efforts will be made to accommodate the needs of disabled individuals
through appropriate aids and services. For additional information or to request this service,
contact Jean K. Marenda, City Clerk, at Muskego City Hall, 679-5625.
Also, Board of Appeals members may conduct site visits for informational purposes.