Zoning Board of Appeals 08-1999-® CITY OF
MUSKEGO
August 27, 1999
Mr. Richard T. Nelson
715 East Main Street
Waterford, Wl 53185
RE: Appeal8-99
Dear Mr. Nelson:
The Board of Appeals wishes to advise you that your appeal from Chapter 17--Z, onin
Ordinance: Section 6.01(3)E.1. Sanitation and Water Supply, has been granted as
submitted.
Should you have any questions, please contact Dustin Wolff at 679-4136.
Sincerely,
Susan Schroeder
Recording Secretary
BOARD OF APPEALS APPROVED
CITY OF MUSKEGO AUGUST 26, 1999
Meeting was called to order at 7:15 P.M.
PRESENT: Chairman Dan Schepp, Henry Schneiker, Terry O'Neil and Michael Brandt.
ABSENT: David Conley and Chris Wiken
STATEMENT OF PUBLIC NOTICE: Secretary reported notice was given August 12, 1999,
in accordance with the Open Meeting Laws.
APPROVAL OF MINUTES OF THE DULY 22, 1999 MEETING. Terry O'Neil made a
motion to approve the July minutes as presented. Dan Schepp seconded. Upon voice vote,
motion carried. 3-0 (Mr. Brandt was not present at the July meeting).
OLD BUSINESS: Signing of the July decision letter.
NEW BUSINESS: Appeal #08-99 Petitioner: Richard T. Nelson Residence: 715 East Main
Street, Waterford, WI 53185 Location of Appeal: Vacant Property Tax Key No. 2242.996
REQUESTING: Under the direction of Chapter 17 Zoning Ordinance: Section 17:3.08(1)
Appeal Provisions, Petitioner seeks the following variance: Chapter 17--Zoning Ordinance:
Section 6.01(3)E.I. Sanitation and Water Supply: In districts designed for potential Municipal
sewerage no structure involving human occupancy or habitation shall be permitted prior to the
installation of municipal sewerage facilities serving such structure except as follows: Where a
single lot meets double the lot area and open space requirements of the district in which it is
located and has a minimum average width equivalent to that required for a lot of such area in an
unsewered district, a single principal building may be permitted. Petitioner seeks a 13,961 square
foot and a 30' lot width variance to permit construction of a single-family residence. The
Ordinance requires a 60,000 square foot lot and 150' lot width.
Zoned: RS-1, Suburban Residence District.
Henry Schneiker administered an oath to Mr. Richard Nelson, property owner. Mr. Nelson is
proposing to sell this parcel of land. Mr. Nelson was informed the City has no intention of
serving this area with sewer within the next 10 to 15 years. In addition, the Public Utilities
Committee waived the requirement for a residence on the site to be connected to public sanitary
sewer. Mr. Nelson is seeking a variance to erect a mound system within a sewered district. Mr.
Nelson provided documentation indicating that the site has the appropriate soils and percolation
for a mound system, and that Waukesha County has approved of said system.
Henry Schneiker administered an oath to Mr. Jeff Corra, the buyer. Mr. Corra stated he is able to
meet both the offset and the setback requirements when constructing his home.
Assistant Plan Director Dustin Wolff stated that staff has no objections with this variance. He
reiterated that the City has no intention to offer sewer south of the High School in the foreseeable
BOA an6199
Page 2
future. He added that without this variance, the property is unusable for a residence.
Appeal #09-99 Petitioner: Paul Stankevich Residence: W191 S7397 Bay Shore Drive, Tax
Key No. 2189.141
REQUESTING: Under the direction of Chapter 17 Zoning Ordinance: Section
17:3.08(1) Appeal Provisions, Petitioner seeks the following variance: Chapter 17--
Zoning_ Ordinance: Section 5.02(3). Offsets: (3) Offsets: The proximity of a building to
any other lot line than a street line is regulated by offset provisions as follows: No
building shall hereafter be erected, structurally altered, or relocated so that it is closer to
any lot line than the offset distance hereinafter specified by the regulations for the district
in which it is located. Petitioner seeks a 12.5 foot side offset variance to permit the
replacement of an existing detached garage along the southeast property line. The
Ordinance requires a 15 foot side offset. Zoned: RS-2, Suburban Residence District.
Henry Schneiker administered an oath to Mr. Stankevich. Mr. Stankevich stated the garage is
approximately 50 years old and built on a slab without footings. The plate is rotting away and the
building is leaning. To correct the problem, he needs to remove the slab and replace it with a slab
built to Code. He understands the garage could be built behind his house, however, it would take
up one -quarter of his backyard and would not be pleasing to look at by the neighbors. The
petitioner has proposed to construct a garage identical to the existing structure.
Mr. Wolff stated the City has no concerns with this appeal, there are pre-existing conditions with
the construction of the existing garage that are beyond the control of the petitioner. It would
cost less to replace the garage than to repair it. Staff feels no alteration to site should be
necessary and the utility of the rear yard should stay intact to minimize disruption to the
neighbors.
Appeal #10-99 Petitioner: Bill EngeMng, Residence: W 188 S7642 Oak Grove Drive,
Muskego, Tax Key No. 2192.062 REQUESTING: Under the direction of Chapter 17 Zonin
Ordinance: Section 17:3.08(1) Appeal Provisions, Petitioner seeks the following variance:
Chapter 17--Zoning Ordinance: Section 5.08 Existing Substandard Lots: Where a lot has less
land area or width than required for the district in which it is located and was of record at the time
of the passage of this Ordinance, such lot may be used for any purpose permitted in such district,
subject to the regulations governing substandard lots set forth under sec. 18.28; provided,
however, that in no case shall the setback, or offset requirements be reduced except by order of
the Board of Appeals after due hearing, or as otherwise herein provided. The open space
requirements in the case of such lot may be reduced without appeal provided the open area is
equal to at least 75% of the actual lot area. Petitioner seeks a 2,298.75 square foot (21.4%)
variance from the open area requirement to construct a single-family residence, driveway, and
patio. The Ordinance requires 8,045 square feet of open area. Zoned: RS-3, Suburban
Residence District as modified by the Lakeshore Overlay District
Henry Schneiker administered an oath to Bill Engelking. Mr. Engelking stated they had a home
custom designed to fit within the setback and offsets of this lot. However, they never took into
BOA W&99
Page 3
consideration open space and the size of the driveway and patio. The hardship is not being able to
pave their driveway. They would not be afforded the use their lot as neighbors have.
Mr. Wolff stated tearing down and putting back up a homes meets the setback and the offset
required. To afford the greatest utility of this lot, a variance is required to pave the drive area.
The driveway, as proposed, exceeds the minimum required open space and the City encourages
paved lots. Staff feels that a 45 foot wide driveway at the right-of-way, including a large parking
area in front of the garage is excessive. Staff believes that the total impervious surface should be
reduced by 425 square feet.
DELIBERATIONS
APPEAL 5-99 Terry O'Neil made a motion to approve the variance as requested. Approval of
this variance is within the spirit of the code. Henry Schneiker seconded. Upon roll call vote,
motion carried 4-0.
APPEAL 9-99 Mike Brandt made a motion to approve the variance as requested. Hardship
being the pre-existing conditions. Terry O'Neil seconded. Upon roll call vote, motion carried 4-
0.
APPEAL 10-99 Terry O'Neil made a motion to approve the appeal as submitted. Hardship
being the substandard lot and the City's request to have paved driveways. Mike Brandt seconded.
Henry Schneiker amended the motion to allow only 1,874 square feet of impervious surfacing.
Upon roll call vote, motion to approve amended motion passed 4-0.
ADJOURN: With no further business to come before this board, Terry O'Neil made a motion to
adjourn. Mike Brandt seconded. Motion carried, meeting adjourned a 8:30 p.m.
Respectfully submitted,
Susan I Schro r
Recording Secretary
BOARD 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, W 182 S8200 Racine Avenue, at 7:00 P.M., Thursday,
August 26, 1999, 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 JULY 22, 1"9 MEETING.
5. OLD BUSINESS
• Signing of decision letters for the July 22, 1999 meeting.
6. NEW BUSINESS
Appeal #08-99
Petitioner: Richard T. Nelson
Residence: 715 East Main Street
Waterford, WI 53185
Location of Appeal: Vacant Property
Tax Key No, 2242.996
REQUESTING: Under the direction of Chapter 17 Zoning Ordinance: Section 17:3.08(1) Appeal
Provisions, Petitioner seeks the following variance:
Chapter 17--Zoning Ordinance: Section 6.01(3)E.1. Sanitation and Water Supply: In districts
designed for potential Municipal sewerage no structure involving human occupancy or habitation
shall be permitted prior to the installation of municipal sewerage facilities serving such structure
except as follows:
1. Where a single lot meets double the lot area and open space requirements of the district in which
it is located and has a minimum average width equivalent to that required for a lot of such area in
an unsewered district, a single principal building may be permitted.
Petitioner seeks a 13,961 square foot and a 30' lot width variance to permit construction of a
single-family residence. The Ordinance requires a 60,000 square foot lot and 150' lot width.
Zoned: RS-I, Suburban Residence District.
Appeal #09-99
Petitioner: Paul Stankevich
Residence: W 191 S7397 Bay Shore Drive
Muskego, W1 53150
BOA 8126l99
Page 2
Location of Appeal: Same
Tax Key No. 2I89.141
REQUESTING: Under the direction of Chapter 17 Zoning Ordinance: Section 17:3.080) Appeal
Provisions, Petitioner seeks the following variance:
2. Chapter 17--Zoning Ordinance: Section 5.02(3). Offsets: (3) Offsets: The proximity of a building to any
other lot line than a street line is regulated by offset provisions as follows:
A. No building shall hereafter be erected, structurally altered, or relocated so that it is closer to any lot
line than the offset distance hereinafter specified by the regulations for the district in which it is
located.
Petitioner seeks a 12.5 foot side offset variance to permit the replacement of an existing detached garage along
the southeast property line. The Ordinance requires a 15 foot side offset.
Zoned: RS-2, Suburban Residence District.
Appeal #10-99
Petitioner: Bill Engelking
Residence: W 188 S7642 Oak Grove Drive
Muskego, Wl 53150
Location of Appeal: Same
Tax Key No. 2192,062
REQUESTING: Under the direction of Chapter 17 Zoning Ordinance: Section 173,08(1) Appeal
Provisions, Petitioner seeks the following variance:
Chapter 17--Zoning Ordinance: Section 5.08 Existing Substandard Lots: Where a lot has less land area
or width than required for the district in which it is located and was of record at the time of the passage of
this Ordinance, such lot may be used for any purpose permitted in such district, subject to the regulations
governing substandard lots set forth under sec. 18.28, provided, however, that in no case shall the setback,
or offset requirements be reduced except by order of the Board of Appeals after due hearing, or as
otherwise herein provided. The open space requirements in the case of such lot may be reduced without
appeal provided the open area is equal to at least 75% of the actual lot area.
Petitioner seeks a 2,298.75 square foot (21.4%) variance from the open area requirement to construct a
single-family residence, driveway, and patio. The Ordinance requires 8,045 square feet of open area.
Zoned: RS-3, Suburban Residence District as modified by the Lakeshore Overlay 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.
BOA 8/26199
Page 3
The Board of Appeals will then reconvene into open session. Detailed descriptions are available for public
inspection at the Cleric's office. All interested parties will be given an opportunity to be heard.
Board of Appeals
City of Muskego
Dan Schepp, Chairman
Dated this 7'h day of July,1999
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 CBODY 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 Marends at City Hall, W182
S8200 Racine Avenue, (414) 679-5625."
Applicant's Name
CITY OF MUSKEGO
BOARD OF APPEALS
Application for Variance
RICHARD T. NELSON
Subject Property Address
Telephone
VACANT 1.0569 ACRE SITE FRONTING ALONG RACINE AVENUE
(414) 534-3597
Property Zoning:
RS1
Tax Key #
MSKC 2242 996
Petitioner's relationship to property (circle applicable):
owner lessee other
Fee: $197.00 DENIED SEWER MAIN EXTENSION AT UTILITIES COMMITTEE
MEETING ON 7-19-99.
Date inspector denied zoning permit:
Requesting variance to Code Section /7. E• o� 3
The ability to construct a single-family residence with a mound system on a
To allow: lot with insufficient size in respect to the requirements for the RS1 zoning.
This lot is located within the sewer service area, however the sewer main has
not been extended to service my lot. I have obtained a perc test which
indicates that this site is suitable for a mound system. A copy of the
perc test has been attached to this application.
A literal enforcement of the terms of the above -referenced section would result in practical
difficulty and unnecessary hardship because:
Without the ability to utilize a mound system for sanitary disposal, or the
extension of a sewer main to service this site, my lot _Would be considered
to be non -buildable.
The variance, if granted, will not be contrary to the public interest and will be in accord
with the spirit of the code because:
This lot is in an area with other existing residential single family homes.
It a new single family dweIling were to be constructed, it would have a modern
mound system for sanitary disposal. My profession has been in the field of
septic & mound system installation, and in my professional opinion, there
should be enough site area for this type of system to properly operate.
The variance, if granted, will not adversely affect rublic safety or jeopardize public welfare
because: single family residence. A neighbor to the North on MSKC 2242 998 is
currently utilizing a mound system. Also, lease note that on the sketch
for the perc test by Brian Jensen, it states "DISTANCES TO WELLS, BUILDINGS,
ETC...ON ADJOINING LOTS TO THIS SYSTEM EXCEED THE MINIMUM SETBACKS REQUIRED
BY CODE.
PROPERTY DESCRIPTION (AS FURNISHED)
ALL THAT PART OF THE WEST 1/2 OF THE SOUTH 1/2 AND THE EAST 7/2 OF THE SOUTH 1/2
OF THE NORTHWEST 1/4 OF SECTION 21, TOWN 5 NORTH, RANGE 20 EAST, IN THE TOWN OF
MUSKEGO, WAUKESHA COUNTY, WISCONSIN. BOUNDED AND-0E5ERIBED- AS -FOLLOWS: COMMENCING
AT A POINT ON THE CENTER LINE OF THE WATERFORD ROAD WHERE THE NORTH AND SOUTH 7/8
LINE OF SAID NORTHWEST 1/4 SECTION INTERSECTS THE CENTER LINE OF SAID ROAD, SAID POINT
BEING 1341.91 FEET EAST OF THE SOUTHWEST CORNER OF THE NORTHWEST 1/4 SECTION AND
920.10 FEET NORTH OF THE SOUTH LINE OF SAID 1/4 SECTION; THENCE N 18'24'3Cr E ALONG
THE CENTER LINE OF SAID ROAD, 35.20 FEET TO THE PLACE OF BEGINNING OF LAND HEREIN TO BE
DESCRIBED; CONTINUING THENCE N 18'24'3CP E ALONG THE CENTER LINE OF SAID ROAD, 120.00
FEET TO A POINT; THENCE N 71'35'30" W 250.00 FEET TO A POINT; THENCE N 87-17'3CY W
304.13 FEET TO A POINT; THENCE S 43'26'45' E 80.00 FEET TO A POINT: THENCE 71'35'30" E
472.74 FEET TO THE PLACE OF BEGINNING. CONTAINING 0,916 ACRES MORE OR LESS, EXCEPTING
THAT PORTION USED FOR HIGHWAY PURPOSES.
�\ (N 87.17730' W)
N 89'06 59` W — 304. 13
4d 13'
`# 255 00 s -
\\Area = 46039 sq.ft
�\ 1.0569 Acres p`JJ9 J I
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LEGEND
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PRCJECT
PLAY OF SURVEY
PROJECT NO.
982410
DATE
APRIL 16, 1999
REVISIONS
JULY 10, 1999
ENGINEER / SURVEYOR
GARY B. FOAT
DEGEN, FOAT SURVEYING ASSOCIATES
PREPARED FOR
R.T. NELSON
➢ECEA% FORT SURVEYLVC ASSOCIATES
t00 SOUTY SECOND STREET
WATERFORD. WISCONSIN
(414)534-S404 (FAXJS34-2022
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