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Zoning Board of Appeals 08-1998BOARD 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, July 23, 1998. 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 MAY 28, 1998, MEETING. 5. OLD BUSINESS • Signing of decision letters for the May and June 1998, meetings. 6. NEW BUSINESS Appeal #08-98 John Gnas S 110 W20408 Lake Denoon Road Muskego, WI 53150 Tax Key No. 2284.991 REQUESTING: Under the direction of Section 3.08 (1) Appeal Provisions, Petitioner seeks the following variance: Chapter 17--Zoning Ordinance: Section 5.02 (3) A.1 Building Location: Offsets. No structure shall be erected, structurally altered or relocated on a lot except within conformity with the district it is located. Petitioner seeks a 6.5 foot variance to place a new accessory structure one (1) foot from the west property line. (zoning requirement is discounted to 7.5 feet) Zoned: RS-2/OLS, Suburban Residence District with a Lake Shore Overlay Appeal #09-98 Geoffrey P. and Rhonda L. Christ S67 W 14698 Janesville Road Muskego, WI 53150 Tax Key No. 2168.990 REQUESTING: Under the direction of Section 3.08 (1) Appeal Provisions, Petitioner seeks the following (2) variances: 1. Chapter 17--Zoning Ordinance: Section 4.05 (2) CA, Accessory Uses and Structures, Permanent Structures. Said regulation states no detached private garage shall have a floor area greater than 60% of the floor area of the principal building on the lot. Petitioner seeks a 114 square foot variance to construct a 864 square foot accessory building. (zoning requirement is 750 s.f.) BOA 07/23/98 Page 2 2. Chapter 17—Zoning Ordinance: Section 5.03 Height. No structure shall be erected or structurally altered to a height in excess of that hereinafter specified by the regulations of that district. Petitioner seeks a 6.5 foot variance to construct an accessory building 21.5 feet in height. (zoning requirement is 15 feet) Zoned: RSA, Attached Single Family Residence 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 10th day of July, 1998 NOTICE 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 TO GATHER INFORMATION; NO ACTION WILL BE TAKEN BY ANY GOVERNMENTAL BODY AT THE ABOVE -STATED MEETING OTHER THAN THE GOVERNMENTAL ❑BODY SPECIFICALLY REFERRED TO ABOVE IN THIS NOTICE. NOTICE "Please note that, 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 Marenda at City Hall, W 182 S8200 Racine Avenue, (414) 679-5625." CITY OF_r - �MUSKEGO -jj 0 July 7-8, 1998 Mr. and Mrs. Goefl'rey Christ S67 W14698 Janesville Road Muskego, WI 53150 RE- Appeal #9-98 Dear Mr. and Mrs. Christ: DEPARTMENT OF CITY PLANNING Matthew G. Sadowski, A1CP Director of Planning (414) 679-4136 The Board of Appeals wishes to advise your appeal from Chapter 17, Section 4.05(2) CA, Accessory Uses and Structures, Permanent Structures was denied due to the lack of a hardship. Your appeal from Chapter 17, Section 5.03 Height was also denied due to the lack of a hardship. Should you have any questions, please contact Carlos Trejo at 679-5674. Sincerely, Susan J. Schroeder Recording Secretary W182 S8200 Racine Avenue • PO. Box 749 0 Muskego, Wisconsin 53150-0749 0 Fax (414) 679-5614 BOARD OF APPEALS AGENDA CITY OF MUSKEGO JULY 23,1998 PRESENT: Chairman O'Neil, Vice Chairman Henry Schneiker, Dan Schepp, William LeDoux and Planning and Zoning Assistant Carlos Trejo. ABSENT: Mike Brandt and James Ross STATEMENT OF PUBLIC NOTICE: Secretary reported notice was given July 10, 1998, in accordance with Open Meeting Laws. MINUTES: Mr. Schepp made a motion to approve July 2, 1998, minutes as submitted. Mr. Schneiker seconded, upon voice vote, motion carried. OLD BUSINESS: Signing of decision letters for May and June, 1998, meetings. NEW BUSINESS: Appeal #08-98, John Gnas, S110 W20408 Lake Denoon Road, Tax Key No. 2284.991 REQUESTING: Under the direction of Section 3.08 (1) Appeal Provisions, Petitioner seeks the following variance: Chapter 17--ZoningOrdinance: Section 5.02 (3) A.1 Building Location: Offsets. No structure shall be erected, structurally altered or relocated on a lot except within conformity with the district it is located. Petitioner seeks a 6.5 foot variance to place a new accessory structure one (1) foot from the west property line. (zoning requirement is discounted to 7.5 feet) Zoned: RS-2/OLS, Suburban Residence District with a Lake Shore Overlay Mr. Schneiker administered an oath to John Gnas and his architect Dave Koscielniak. Mr. Gnas proposed of razing the existing residence on the lot and build a new structure. The new structure would be in conformance to the zoning district, except for an enclosed access ramp located at the rear of the garage. The size of the structure would accommodate a 1:12 ramp which is state code. The lot is unique, in which two sides of the lot have a street setback and a sewer easement that crosses through the center of the property. Both make it difficult to place a residence on the site without either a setback or offset variance. There is an existing garage on the property that has received an offset variance 8 years ago. The Public Utilities Committee is also allowing the proposed structure to be built within 7 feet of the sewer line. Mr. Trejo stated this lot is legal nonconforming, with only a 50' width, and the Ordinance takes into consideration the narrowness of the lot and allows for reduced/discounted offsets to help accommodate the property owner. This proposed garage will be built in conjunction with a new home on this lot, the existing home, which is in conformance with the zoning ordinance, is being taken down, therefore this is virtually a vacant lot and the house and garage footprints could be reconfigured to conform to the offsets. The only hardship presented is the house they have chosen does not meet the requirements for the existing lot. The City received a letter from Denoon Lake Advancement Association stating there position against a variance being granted. Mr. Koscielniak stated that the setback requirements, the sewer easement and the well location constricted the site. Appeal #09-98, Geoffrey P. and Rhonda L. Christ, S67 W14698 Janesville Road, Tax Key No. 2168.990 REQUESTING: Under the direction of Section 3.08 (1) Appeal Provisions, Petitioner seeks the following (2) variances: Chapter 17--Zoning Ordinance: Section 4.05 (2) CA, Accessory Uses and Structures, Permanent Structures. Said regulation states no detached private garage shall have a floor area greater than 60% of the floor area of the principal building on the lot. Petitioner seeks a 114 square foot variance to construct a 864 square foot accessory building. (zoning requirement is 750 s.f.) Chapter 17 Zonine Ordinance: Section 5.03 Height. No structure shall be erected or structurally altered to a height in excess of that hereinafter specified by the regulations of that district. Petitioner seeks a 6.5 foot variance to construct an accessory building 21.5 feet in height. (zoning requirement is 15 feet) Zoned: RSA, Attached Single Family Residence BOA 07/23/99 Page 2 Mr. Schneiker administered an oath to Geoffrey and Rhonda Christ. Mrs. Christ stated her family had granted a sanitary sewer easement to the City years ago. Now this easement is hampering their ability to expand the residence or construct a garage in a conforming location. The garage selected is of a barn building type, which would complement the existing home, which was the original farm house on the property from years past. They have several vehicles and limited storage in the house and would like to keep everything indoors. Mr. Trejo stated that the easement is placed in the center of the property to accommodate future division. Two laterals have been placed, one servicing the residence to the east, the other a stub to service the west. The garage location is not affected by the easement and the house is well beyond the required offset from the east, thus allowing expansion of the residence. Mr. Christ agreed he could lower the loft area some, but not enough to bring the height into conformance and the size is based to accommodate three vehicles and additional storage.. DELIBERATION: APPEAL #8-98 Mr. Le Doux made a motion to approve Appeal #8-98 as submitted. Mr. Schepp seconded. Discussion ensued regarding the unique shape of the lot with two setbacks, the sewer easement and the well location, but the fact that this will be a vacant property and a house could be configured to meet the required zoning regulations proved no hardship exists. Upon roll call vote, motion was denied 5-0. APPEAL #9-98 Mr. Schepp made a motion to approve Appeal #9-98 as submitted. Mr. Conley seconded. Discussion ensued regarding the height and location of the proposed garage and alternatives for additional expansion to the residence. The Board of Appeals found no hardship to allow this to be constructed as proposed. Upon roll call vote, motion was denied as submitted 5-0. MISCELLANEOUS BUSINESS: Members discussed correspondence from city attorney regarding Board of Appeals in Kenosha. Also discussed was the height issue of new homes going before the Plan Commission. ADJOURN: With no further business to come before this Board Mr. Schneiker made a motion to adjourn at 9:30 P.M. Mr. Schepp seconded. After a voice vote, the motion to adjourn carried. Respectfully submitted: p Susan J. Schroeder Recording Secretary c Jul, Z31 li98 dut" ar IVW H'1� CITY OF MUSKEGO BOARD OF APPEALS Application for Variance Applicants Name ��D f � P--4.vb uns Subject Property Address : 0 ILL6 ALUKabo Telephone Z2- -QqZ10 Property Zoning 15 -R Key # 2.1C8 -1}qQ Petitioner's relationship to property (circle applicable): owner lessee other Fees: $195.00 Date inspector denied permit: XRequesting variance to Section To allow: (_A literal enforcement of the terms of the above -referenced section would result in practical difficulty and unnecessary hardship because: J The variance, if granted, will not be contrary to the public interest and will be in accord with the spirit of the code because: Z)SC 4 t� _ � c6ru The variance, if granted, will not adversely affect public safety or jeopardize public welfare because: r L---___._.. --. A # 1 °USKEGO t-L'.lr.:IR��;, CONSTRUCTION INFORMATION SHEET Address of Property 4WING — diLlL The zoning district d' The setback requirement 4oOffset Requirement /0_-/S Type of Structure Storage Shed �.Z Garage Barn Pole Barn 1 r f Size of Structure Zq x �_ Size of Lot = /91r x 300 _ 1'��' 4�3 Proposed Use of Structure , A Parking Cold Storage Will Building Require: Z Electrical Service/Wiring Plumbing Flammable Storage Housing of Livestock List all items to be stored within proposed structure: (equipment, materials, supplies, vehicles, etc.) r rr c 5 ig ure of Petitioner Jj ll ff-SlA�sfrkF— Q re s s M y'o 5.21So Planning & Development Phone Dated Date A literal enforcement of the referenced section would prohibit us from constructing an outbuilding that would allow adequate storage. We have a car, a mini -van and a pickup truck that should be garaged. We also have all the usual euipment necessary to the proper upkeep of an acre and a half plot in the City of Muskego. ( We do not own, nor would we be storing any unnecessary items, such as snowmobiles, jet skis, boats, etc.). We are limited to 60% of the groundfloor footage of our house. We live in one of the oldest homes in the east part of the city. The old Tess Corners area. We have approximately 2250 square foot in just two floors of the tall two and a half story home. However, just 1250 of that footage is on the first floor. If they built houses in the late 1800's, like they do now, and all the square footage was on one level, we wouldn't have any problem. b(l Unfortunately, the building styles of that era dictated that you built up, not out. A literal enforcement would mean we could not even have an outbuilding large enough for even the vehicles, let alone anything else. The 2406 size we chose is the smallest that will protect three vehicles, and still stay close to the 60% requirement. If a second floor cannot be considered, we will have much the same problems that we have now. We cannot have a additional "garden shed" as we will have used up our entire 60% in one outbuilding. We need either a much larger ground floor, an additional structure, or storage on a second floor. We feel we have a unique property limitation in this case. Back in the early 1970's when the newly organized City of Muskego was putting in sewers here on the east side of the city, they ran into great difficulty getting through the solid rock at the hill across from the Tess Corners Grade School. A group of city offcials came and sat down with my grandmother, Mrs. Lydia R. Boldt, and my father, George M. Trepanier Sr. They said it would save the city thousands and thousands of dollars if we would allow the city to put the sewer line directly through our property to service the entire Glenbrook subdivision, rather than blasting through rock the rest of the way up Janesville Road and then all the way down Woodland Place. With little hesitation, partially because our roots in this City go back to Jacob Tess, and partially because my father was the Civil Defense Director for the City, they granted the City's plea. It was "the right thing to do for the new city" I remember my grandmother stating. Somehow the sewer line was not put at the edge of the 1 1/2 acre parcel, as was pomised, but right through the very center of the lot. With codes as they are now, that precludes any and all addition to the existing home, so we can never increase the first floor square footage of the home. We will always be limited to the current downstairs footage of 1250. The house is approximately I20 years old. There was a "carriage barn" built prior to that. The foundation of that 31x56 structure is noted on the new survey as "non -existing structure". In that structure we housed the three vehicles in the main section, the small machines (lawnmowers, rototiller, snowblower, etc.) in a seperate section and all the lawn JUL 8 1' 903 furniture, lawn and garden supplies, etc, safely upstairs. Several years ago we felt it was to the point where it was becoming "unsightly" to the neighborhood. It needed extensive repairs. It was still very "useable", but was in no means an attractive part of the neighborhood anymore. We found that the west part of the structure was on what is now the sewer easement. Since that prohibited any repairs, we had two choices, use it as it existed, or tear it down and, so we thought, "simply" build a brand new garage, safely off any easement and well away from the property lines. We chose a plan, that while not anywhere near as large and accomodating as the old carriage barn, would provide the necessary storage space, yet would be in keeping with the style of a home built over a century ago. We looked at many, more "modern" (and frankly cheaper) styles, but they looked so 'but of place". We felt that because of the easement, and therefore, the necessary placement of the new structure, that we had to find a style that is very compatible with this much older home. We feel, as presented, the continuity of the two structures will be an important asset to the neighborhood. The new garage will nestle nicely underneath the huge old elm with a tall stand of maples directly behind it. We have consulted with all the neighbors, and all are very pleased with the design, placement and size of the 2406 proposed garage. All have wriiten, or are willing to write, letters of support which we will bring to the July 23 meeting. 3 While we would love to have a building the same size as the old one, the 2406 garage in its currently presented form would safely eliminate all current or potential fire and safety hazzards. We will then be able to properly house all vehicles and store all equipment in one locked structure. Nothing will be stored outside anymore, and therefore everything will be away from curious children and not a temptation or a hazzard for anyone. JUL S E July 13, 1998 Board of Appeals: Jerry Smith & Sons Inc. MASON CONTRACTORS S67 W14732 Janesville Road Muskego, WI 53150 (414) 422-1416 In reference to Rhonda & Geoff's new building we have no complaints.We lived next door (WEST) for 26 years. The past S years , my husband would say -"they should knock that barn doWn— before the wind does." I said "noL as I like old things and knew I'd miss it after all those years of watching it sag more and more. Well- the -time came_ 2-years- ago - they knocked it down. Everything that was in it ,is now outside. Vehicles,lawn mowers, lots of stuff. Neatly, but outside. They showed us the plan of the new garage. It's a nice looking building.It will be East of our garage and have no problem with that. We will be out of town from July 14 until 24 so we are unable to attend the meeting. Sincerely, Mary Ann Smith Jerry Smit Py� WS-G8 , Howard E. Imme S67 W14660 Janesville Rd. Muskego, Wisconsin 53150 City of Muskego Board of Appeals RE: Geoffrey P. & Rhonda Christ garage. Gentlemen; Our property joins the Chirst property on the East side. I agree the proposed garage the Christ's plan on buuilding would fit in very well with their farm house. I, also, agree this garage would be an asset to their property and the surrounding residents. Being able to house their vehicles and yard equipmeent would enchance their property and the neighbors. It is a very attractive design; so I agree, the City should grant a permint for this building as presented. Sincerely Yours, Howard E. Imme CC; Mr. & Mrs. G. Geoffrey July 18, 1998 The City of Muskego To the Board of Appeals: This letter is in reference to Geoff & Rhonda Christ's proposal of a new garage. We have no complaints of their proposed garage, in fact we think it would fit in very well with their 120 year old farmhouse. The proposed garage would be an asset to the Christ's by allowing them to park their vehicles and other miscellaneous equipment inside. The area would look a little neater When the vehicles and equipment are not in use. The design the Christ's have chosen is attractive and so we feel the 24'X36' garage variance should be granted to Geoff & Rhonda Christ to allow them to construct their proposed garage. Sincerely, Gordon Kirchoff & Patricia Kirchoff July 18, 1998 City of Muskego Board of Appeals, We are writing in reference to Geoff and Rhonda Christ's proposed new garage. We are the neighbors just two lots East. Over twenty-four years we have known them to be very historically minded. They have tried very hard to keep the old out building, but safety became a concern and they decided to bring it down and recycle it. Now everything they stored in that garage must sit out. With the city trying to clean up and green up, we would think if someone is trying hard to preserve some history and clean up at the same time, we as a community should try our best to help. We have seen the plans and agree it well suits the property and existing one -hundred year old home. We whole heartedly stand behind them and there wishes to have this new garage. Sincerely, s Thomas Ciula Ilk 1 WWI-' W 04, dl dr e. of. i� .w�Yti a:�i. •� �•. 1•S rb 2e ' �� 1y�1� �. �e4'_'^`_ Y _ .,.w'�, .�qy ��4� ��•1. x��. f r ii. .1 r'' 'i`-'`y;� r�'i"' `Y y iu.a,=,�+- s-.�j S 1•'_rs ,.r1r 04 -'r -,iuw� E`, - _ y' • ,:.. 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