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Zoning Board of Appeals- - Minutes 12/6/2001CITY OF DEPARTMENT OF CITY PLANNING Brian D. Turk Director of Planning _MUSKEGO (262) 679-4136 r c ZONING BOARD OF APPEALS FINDINGS OF FACTS A dimensional variance is hereby granted to Tom Kies by the Board of Appeals of the City of Muskego to permit the installation of a driveway not to exceed 632 square feet at S79W16099 Bay Lane Place / Tax Key No. 2217.987, based upon the applicant having met the specifics of the City ordinance with respect to granting variances. It was found that the variance does preserve the intent of the Municipal Code because it is practical to expect that a residence will have a paved driveway, paved driveways enhance properties, reduce the effect of dust affecting the surrounding properties, and further the City of Muskego goal to reduce sedimentation run-off into its waterways, and there were exceptional conditions applying that do not generally apply to other properties. More specifically, the granting of the variance does not relate to an economic or self imposed hardship because the pre-existing substandard lot size does not afford this property the same abilities enjoyed by other properties, property rights of other property owners are preserved because property values and aesthetics are maintained, and no substantial detriment is caused to an adjacent property A dimensional variance is hereby denied by the Board of Appeals of the City of Muskego to allow the 192 square foot accessory structure to remain at S79W16099 Bay Lane Place / Tax Key No. 2217.987, based upon the applicant having not met the specifics of the City ordinance with respect to granting variances. It was found that the variance does not preserve the intent of the Municipal Code because the appellant chose to not change the footprint of the house when informed by the Zoning Administrator to remove the shed as a condition of approval for the building permit for the residence, resulting in the creation of a self-imposed hardship. There were no exceptional conditions applying that do not generally apply to other properties. Dated this 10th day of December 2001. Signed ��� Q - C Daniel Schepp Chairman, Zoning Board of Appeals Signed Dustin J ff Assistan an Direc W182 S8200 Racine Avenue • Box 749 • Muskego, Wisconsin 53150-0749 • Fax (262) 679-5614 ZONING BOARD OF APPEALS MINUTES CITY OF MUSKEGO December 6, 2001 UNAPPROVED Meeting was called to order at 7:10 P.M. PRESENT: Barbara Blumenfield, David Conley, Terry O'Neil, Chairman Dan Schepp, Henry Schneiker and Assistant Plan Director Dustin Wolff. ABSENT: Mike Brandt, Horst Schmidt STATEMENT OF PUBLIC NOTICE: The secretary stated the meeting was noticed in accordance with Open meeting Laws. NEW BUSINESS: APPEAL #08-2001 Petitioner: Thomas and Mary Kies, S79W16099 Bay lane Place / Tax Key No. 2217.987 REQUESTING: Under the direction of Chapter 17 Zoning Ordinance: Section 3.08(1) Appeal Provisions, Petitioner seeks the following variances: Chapter 17—Zoninq 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. 18.23; 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. The parcel measures 8,620 SF in area. A minimum of 2,155 SF of open space is required to be maintained on the property. The residence footprint measures 2,140 SF, allowing 15 SF of open space. The petitioner was required to remove the existing 12' x 16' shed located on the property to accommodate the residence without violating the open space requirement. In addition, the driveway may not be paved in order to comply with the requirement. The petitioner seeks an exception to the open space requirement to allow the existing shed to remain, and to pave the drive area. The shed measures 192 SF in area, and the proposed drive way will measure 632 SF. The petitioner is requesting a variance to the open space requirement in the amount of 809 SF, or 34% of the lot area Vice-chairman Schneiker administered the oath to Tom Kies, Cindy Salentine, Helen Anderson and Victoria Gorke. Mr. Kies stated his main purpose was to keep the storage building that is in place there now. The building will serve as benefit to him and to other residents as it is better to have storage under roof than outside. The idea of having a paved driveway is certainly attractive and he would like to do that eventually, but that was not the original purpose for the appeal. They will have a modest amount of storage on the property with only a crawl space under the home even with the full-size garage. He would prefer to avoid the outdoor storage. He provided pictures for the Board members to review. He believed there would be a hardship in not having enough storage space as is common in small lakefront lots. There was discussion between Mr. Kies and the Board members on why he did not appeal in a timely fashion. BOA Minutes 12/6/01 Page 2 Helen Anderson (S79W16087 Bay Lane Place) whose property is 10 feet from Mr. Kies' shed said her view to the west was gone due to the height and size of his house. She asked to please leave the shed as she would hate to see the mess if he did not have the shed. Cindy Salentine (S79W16111 Bay Lane Place) preferred that the shed stay. She also preferred that the driveway be paved because it would create less dust. Victoria Gorke (W165N5384 Creekwood Crossing) spoke on behalf of Mr. Kies regarding the procedural appellate time period. She mentioned that there are flaws in the system and that the petitioner not be held responsible and for the Board not to make a decision deferring to the twenty -day time limit as the petitioner was not given (a) notice of a final decision, (b) notice of the time period in which to appeal, and (c) the appellate process. Assistant Plan Director Wolff presented the City's opinion: The petitioner applied in June of this year for new construction of a residence. At that time, he was made aware of certain concessions that would have to be made to accommodate the size of residence that he chose. The option would have been to build a smaller residence to accommodate the existing shed. That decision was not made. The existing shed was initially constructed for the same purposes that the petitioner wants to use it, for storage. The previous residence that was on the site totaled 531 square feet and was built on a slab. There was ample open space available. Eleven years later, the petitioner has built a beautiful home, maximizing the building size that he can have on the property. The new residence meets the required minimum setback and offsets for the non -conforming lot. During the course of building permit review, the petitioner was informed the proposal would not meet the open space requirement unless the existing shed was removed prior to occupancy of the residence as a condition of approval. The permit incorrectly listed the inability to install a paved driveway as a second condition of approval. As no paved driveway was proposed with the initial building permit, it should not have been listed as a condition. In regard to the driveway. the Board has taken the position that all properties should be afforded the opportunity to install paved driveways. Paved driveways enhance properties, reduce the effect of dust affecting the surrounding properties and reduce sedimentation run-off. The shed and the driveway installation should be reviewed as separate issues. The ruling by the Zoning Administrator with the building permit was that the shed must be removed prior to occupancy. That needed to be appealed within a certain time frame that is outlined in the City Ordinance. The fact that the driveway should have not been listed as a condition of approval allows it to come before the Board at this time. The Board has time and time again said that a paved driveway enhances the home and is certainly not a detriment to surrounding properties, and the Zoning Code does not effectively address the issue for non -conforming parcels. Staff is recommending variance of the open space to allow for the paving of the driveway. Unfortunately, the petitioner did not apply in time for the shed purposes. and there is no hardship associated with it so the staff is recommending that the portion of the appellant's appeal for allowing the shed to remain should be denied. DELIBERATIONS: Dr. Blumenfield made a motion to approve part of Appeal #08-2001 allowing the installation of the 632 square foot paved driveway. Mr. Henry Schneiker seconded. Upon roll call vote, the motion carried 4-1, with Mr. David Conley voting nay. Mr. Conley made a motion to approve the Appeal #08-2001 as the second part of the appeal as it pertains to allowing the storage building to remain. Mr. Terry O'Neill seconded. Upon a roll BOA Minutes 12/6/01 Page 3 call vote, the motion was defeated, 4-1, with Chairman Schepp voting yes. Mr. Conley stated that unfortunately it was clear that the appellant chose to not change the footprint of the house and take chances with the Board of Appeals later probably without knowledge at that point of what was required to prove hardship or what the rules were regarding hardship. The appellant's situation is self-employed. Mr. Kies, who was present throughout the deliberations, was informed by Chairman Schepp that he received approval to install the paved driveway and he needed to raze the shed. APPROVAL OF THE MINUTES: Dr. Blumenfield moved to approve the minutes from October 25, 2001 as submitted. Mr. O'Neil seconded. Upon voice vote, motion carried. MISCELLANEOUS: Assistant Plan Director Wolff will make revisions to the Rules of Procedure document and send them to the members to review. Dr. Blumenfield would like the citizens to be better informed as to what the time frames and what the processes are regarding issues and petitions they have with the city. Assistant Plan Director Wolff informed the members that information for the Board of Appeals members will be hand delivered to their residences ADJOURNMENT: With no further business to come before this board, Mr. Conley moved to adjourn. Dr. Blumenfield seconded. Upon voice vote, meeting adjourned at 8:50 P.M. Stella Dunahee, CPS Recording Secretary email: Mayor, Deputy City Clerk, Mayor's Secretary, Aldermen, Department Heads, Assistant Plan Director pc: Board of Appeals Members and Alternate Members, Mayor, Aldermen, Department Heads, Deputy City Clerk, Assistant Plan Director, Planning Secretary, Mayor's Secretary, Receptionist ZONING 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, December 6, 2001, 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. OLD BUSINESS None 5. NEW BUSINESS APPEAL #08-2001 Petitioner: Thomas and Mary Kies Residence: S79 W 16099 Bay Lane Place / Tax Key No. 2217.987 Location of Appeal: Same REQUESTING: Under the direction of Chapter 17 Zoning Ordinance: Section 3.08(1) Appeal Provisions, Petitioner seeks the following variances: Chapter 17—Zonino 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 goveming substandard lots set forth under sec. 18.23; 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. The parcel measures 8,620 SF in area. A minimum of 2,155 SF of open space is required to be maintained on the property. The residence footprint measures 2,140 SF, allowing 15 SF of open space. The petitioner was required to remove the existing 12' x 16' shed located on the property to accommodate the residence without violating the open space requirement. In additjon, the driveway may not be paved in order to comply with the requirement. The petitioner seeks an exception to the open space requirement to allow the existing shed to remain, and to pave the drive area. The shed measures 192 SF in area, and the proposed drive way will measure 632 SF. The petitioner is requesting a variance to the open space requirement in the amount of 809 SF. or 34% of the lot area. ZBA 121612001 Page 2 Zoned: RS-3/01-S, Suburban Residence District as modified by the Lakeshore Overlay 6. APPROVAL OF THE MINUTES FROM THE AND OCTOBER 25, 2001 MEETING. 7. MISCELLANEOUS BUSINESS. 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 Dan Schepp, Chairman Dated this 27`h day of November, 2001 City of Muskego Zoning Board of Appeals Supplement 08-2001 For the meeting of: December 6. 2001 REQUESTING: Under the direction of Chapter 17 Zoning Ordinance: Section 3.08(1) Appeal Provisions. Petitioner seeks the following variances: 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. 18.23. 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. Zoned: RS-3/OLS, Suburban Residence District as modified by the Lakeshore Overlay LOCATION: S79 W16099 Bay Lane Place / Tax Key No. 2217.987 NE t/< Section 15 APPELLANT: Thomas and Mary Kies PREPARED BY: Dustin Wolff BACKGROUND The parcel measures 8,620 SF in area. A minimum of 2,155 SF of open space is required to be maintained on the property. The footprint of the current home measures 2.140 SF. allowing 15 SF of open space. The petitioner was required to remove the existing 12' x 16' shed located on the property to accommodate the residence without violating the open space requirement. In addition, the driveway may not be paved in order to comply with the requirement. A variance was granted in 1990 to the previous property owner to allow the construction of the shed in its current location for storage. The petitioner seeks an exception to the open space requirement to allow the existing shed to remain, and to pave the drive area. The shed measures 192 SF in area, and the proposed drive way will measure 632 SF. The petitioner is requesting a variance to the open space requirement in the amount of 809 SF, or 34% of the lot area. DISCUSSION A variance for open space was not necessary with the 1990 appeal as the residence footprint area (531 SF) combined with the shed (192 SF) did not come close to exceeding the minimum open space value. The shed was approved for storage purposes as no garage existed on the property and the single -story cottage was built on a slab. Earlier this year, the Appellant razed the existing residence on the property in order to construct a new home (2,056 SF of living area with an 840 SF attached garage. The new residence meets the required minimum setback and offsets for the District. During the course of building permit review. the Appellant was informed the proposal would not meet the open space requirement unless the existing shed was removed prior to occupancy of the residence as a condition of approval. The permit incorrectly listed the inability to install a paved driveway as a second condition of approval. As no paved driveway was proposed with the initial building permit, it should not have been listed as a condition. The shed and the driveway installation should be viewed as separate issues. The Board has taken the position that should be all properties should be afforded the opportunity to install paved driveways. Paved driveways enhance properties, reduce the effect of dust affecting surrounding properties, and further the Best Management Practices and Policies of the City by reducing sedimentation in run-off. As such. the Board has ruled favorably in matters regarding open space variances to allow paved driveways. Staff concurs with this policy. Section 3 (a) of the Boards adopted Rules of Procedures, as required under Wis. Stats. 62.23(3)(3), states: Time of Appeal. Every appeal shall be taken within twenty days from the date of refusal of a permit or from the date of the making of any order. ruling. decision or determination from which an appeal is taken. A written appeal specifying the grounds. therefore. must be filed within twenty days with the Building Inspector or other officer from whose decision appeal is made and with the Secretary of the Board of Appeals. The date of the decision of the Building Inspector or other such officer shall not be counted, but the date of filing the appeal and Sundays and holidays shall be counted. except that if the last day falls on a Sunday or legal holiday the time for filing shall be extended to the next secular day. The required removal of the shed is not reviewable by the Board of Appeals under the guidelines of the adopted Rules of Procedures The aggrieved must make application within twenty (20) days of the decision of the Administrative Officer. The decision of the Officer was made on June 15, 2001, and application to the Board must have been made by July 5, 2001, STAFF RECOMMENDATIONS 1. Approval in part of Appeal 08-2001 allowing the installation of a 632 SF paved driveway, or 32% of the lot area. 2. Denial in part of Appeal 08-2001 allowing the existing 12' x 16' structure to remain. Appeal # 08-2001 ZBA 12-6-2001 Page 2 CITY OF MUSKEGO BOARD OF APPEALS Application for Variance Applicant's Name —77, a k_" O S ad XJac!;4_ 6 ,eS Subject Property Address S % % w �v 1z L" �- r-la L Telephone ����". e L Z - (D 3 `7- `7 1 -3, Ca Z 6Z - Property Zoning: Tax Key Petitioner's relationship to property (circle appliceble): fL owner lessee other Fee: $200.00 Date inspector denied zoning permit - Requesting variance to Code Section To allow: t� -,o— e o,-r _f_L -1"f r>' P e.-q c t-- b,,,, rn ylo" o 42,r-oo2f A literal enforcement of the terms of the above -referenced section would result in practical difficulty and unnecessary hardship because: /_ e 4e X S r't �. Id LX �., aJr.�,e« F✓ oc�✓ The variance, if granted, will not be contrary to the public interest and will be in accord with the spirit of the code because: N e_ re__ l._%i � f6� � of 1e � . o� � r S e ,-ic, S v .- ,ff e /Q Q w •rL✓ PI al P t�. r°�./�r trPes,�1 0%Q a � �Ce5s o✓ I�Patr c{ Prar�I The variance, if granted, will not adversely affect public safety or jeopardize d� o ✓n e ►"S public welfare' because: / C OrC •O�[? COAr�N� • 9 w LATIL FLACI_ .l0'1 WAA AI LW%"+c M cw ss44 8 K 2217-993 2217-991 P PARCII 1 A 2217-975 IMM' n 2217-992 CSC+ SSAI J� 2217-977 32217-991-001 1� P A*M 1 • 2217-978 2217-990 221 7-984 R Ut a 221,7-979 � M , •� t � 221 7-989 217 2217 2217 2217 2217 2217 2217 2217 980 -981 -982 -953 -985 -984 -9n7 -98A b b °]� k k� � • � A � .I (AR) 2200 11 67-41-Do i Cw »41 221 7--99e -ok, kol 1 s// M C%j een7 I 221 7-q9'\ RARCU 1 r�e.,cft o-Lka f We the undersigned neighbors of Tom and Mary Kies at their new home at S79 W16099 Bay Lane Place, Muskego, WI, state for the record that the Kies' storage building on the north side of Bay Lane Place, opposite their new home, seems aesthetically and functionally acceptable to us as is. We are aware that the existence of that storage building along with their new home brings the open space on their property below the 75% required by Muskego Municipal Code, Chapter 17, Item 5.08. 1-/14 oS79+ S C �� KoLt l I-e e,,, R a b e We the undersigned neighbors of Tom and Mary Kies at their new home at S79 W 16099 Bay Lane Place, Muskego, WI, state for the record that the Kies' storage building on the north side of Bay Lane Place, opposite their new home, seems aesthetically and functionally acceptable to us as is. We are aware that the existence of that storage building along with their new home brings the open space on their property below the 75% required by Muskego Municipal Code, Chapter 17, Item 5.08. A✓ijre�,/ � Sc� ker1a��Z� W-IbO61 6,A�Ll- rJG. Q1 - We the undersigned neighbors of Tom and Mary Kies at their new home at S79 W16099 Bay Lane Place, Muskego, WI, state for the record that the Kies' storage building on the north side of Bay Lane Place, opposite their new home, seems aesthetically and functionally acceptable to us as is. We are aware that the existence of that storage building along with their new home brings the open space on their property below the 75% required by Muskego Municipal Code, Chapter 17, Item 5.08. 717 ,6),/ (�,� g- o•-0/ We the undersigned neighbors of Tom and Mary Kies at their new home at S79 W16099 Bay Lane Place, Muskego, WI, state for the record that the Kies' storage building on the north side of Bay Lane Place, opposite their new home, seems aesthetically and functionally acceptable to us as is. We are aware that the existence of that storage building along with their new home brings the open space on their property below the 75% required by Muskego Municipal Code, Chapter 17, Item 5.08. 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