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ZBA-Minutes 09-1989CITY OF MUSKEGO BOARD OF APPEALS MINUTES OF BOARD OF APPEALS MEETING HELD ON April 27, 1989. Vice Chairman Pro Tem Thomas Berken called the meeting to order at 7:30 P.M. PRESENT: - Vice Chairman Pro Tem Thomas Berken, Linda Koester, Terry O'Neil, Donald Pionek, and Director Gerald Lee. ABSENT: - Chairman Gerald Fohr, Vice -Chairman Lloyd Erno, and Darryl Rowinski. MINUTES: - Mr. Pionek moved to approve the Minutes of January 26, 1989. Mr. O'Neil seconded. Upon a voice vote the motion carried. APPEAL 3-89 - GERALD LOEBEL Vice Chairman Pro Tem Thomas Berken stated that this was a rehearing to clarify a previous appeal for industrial use of residentially zoned property and an appeal from an administrative officer. Atty. Patrick Hudec presented Mr. Loebel's case giving the background of the business and the request for industrial use of residentially zoned property. Mr. Loebel feels the business doesn't have a negative impact on the neighborhood. Mr. Lee responded that this case is beyond the powers of the Board of Appeals but could grant an extension of time. He referred to a letter he had received from the City Attorney dated February 21, 1989 upholding his decision. Mr. Lee feels it is up to the courts to decide and suggests that the Board of Appeals deny manufacturing use of the property. Atty. Hudec presented letters with three signatures of Mr. Loebel's neighbors, who are in favor of allowing his business use. There was further discussion by all concerned parties. APPEAL 5-89 - JOHN ROSKOS Mr. Roskos appeared before the Board to request a 4' variance to construct an addition to the residence that would place the dwelling 6' from garage. He stated that it would be a 14' x 4' wide addition and he needs room for an entryway. Mr. Lee stated that he doesn't need a height variance, but needs a firewall to meet Building Code regulations. APPEAL 6-89 - Was withdrawn at the request of Mr. & Mrs. Hartung. APPEAL 7-89 - TERRY PETERSON Mr. Peterson appeared before the Board to request a 4 3/4 offset variance and a size variance of 209 square feet to construct a detached garage. He would have to fill in his yard to construct the garage further back in his yard. He needs the 3-car garage for storage. Mr. Lee stated that the zoning is RS2/OOS which only allows a Page 2, BOA Minutes 4/27/89 APPEAL 7-89 (coat.) maximum of 720 square feet for a detached garage. Mr. Peterson is 209 square feet short. The proposed garage would be 8'8" from the lot line and the requirement is 12 1/2' from the lot line. Mr. O'Neil questioned the size of the building. There was some discussion on including the upstairs to increase the size of the house. The 209 square foot size variance could be omitted, but he still needs the 4 3/4' offset variance. Mr. Peterson doesn't want to tear down the old garage and reconstruct it because of the driveway location. Mr. Lee suggested the garage be constructed closer to the house. He can be within 10' of the house. APPEAL 8-89 - WILLIAM BOYCE Mr. & Mrs. Boyce appeared before the Board to request a 17T setback variance from Wentland Drive to allow a building addition to the existing structure. Mr. Boyce explained that they wish to build the addition on the west side of the building for a kitchen and storage area. They only have a grill behind the bar now and wish to establish a "pub and grill" business for lunch to change the image. Mr. Lee stated that Mr. Boyce has a petition before the Plan Commission for the addition under the conditional use grant. Mr. Lee questioned if the parking lot would be paved? Currently part of the lot is paved. Mr. Boyce responded that it is his intention to do so and he has an estimate of $15,000. He showed the Board a drawing of his addition. Mr. Pionek questioned the 17' setback request based on the drawings presented. Mr. Lee responded as to what the required setback would be. There was some discussion regarding the 17' setback. Mr. Patrick Eaton, who owns a vacant lot across the street, was present. He stated that the tavern causes, traffic, dust and litter nuisances, and has hurt the sale of his property. He has collected litter. It was mentioned that there was another tavern down the street which could contribute to the litter problem. APPEAL 9-89 - DARYL HINZ Mr. Hinz appeared before the Board to request a offset variance, 13'8" setback variance and a 1'1" separation variance to construct a new 24' x 24' garage. If Mr. Hinz moved the garage location, it would block the house. Mr. Lee stated that this is in RS3/OLS zoning and abuts the lake. Mr. Lee asked Mr. Hinz if the garage door would open on the Muskego Drive side? Mr. Hinz responded it would and there would be paving on the north side of the garage. APPEAL 10-89 - DENNIS MARANOWICZ Mr. Maranowicz appeared before the Board to request a 1 1/2' driveway offset variance to construct a concrete driveway. He has a gravel driveway now and the drainage goes downhill towards Janesville Road. Mr. Lee questioned whether this would increase the water flow? Mr. Maranowicz questioned why in 1980 was the house Page 3, BOA Minutes of 4/27/89 APPEAL 10-89 (cont.) permitted to be built in that location? Mr. Lee responded that the house should have been moved back and the garage built in front as the lot is 46' wide. Mr. Maranowicz stated that he has a contract signed for this work. Mr. Gehling, whose mother Mary Gehling lives next door at S76 W18173 Janesville Road, was present and stated that the driveways are side by side and his mother was concerned about the drainage. At 9:10 P.M. the Vice Chairman Pro Tem heard a request from Mr. & Mrs. Robert White, S99 1112953 Loomis Road, who felt they were aggrieved neighbors of Ronald Peuse, who had his Appeal 23-88 heard before the Board of Appeals on 12/8/88. The variance had been granted for a 3' offset variance to allow an existing driveway to remain within the offset area. They questioned whether there could be a re -appeal. Mr. Lee responded that he would research the position of the Board for a re -appeal, but felt that if it was within 1 year of the variance being granted, it could not be reheard without new evidence being submitted. This matter could be taken to the Circuit Court and if the Board wishes to react to the testimony and after it was given, thev could at a later date. Mrs. White also felt that the Minutes of December 8, 1988 were incorrect as to the hardship being stated as the area defined driveway when it really is a "turn -around". The Board will look into this matter. The Board took a five minute recess. Mr. Berken moved to go 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 aquasidudicial hearing: said cases being the above listed appeals. Mr. O'Neil seconded and the motion carried. The Board of Appeals reconvened into open session at 9:20 P.M. APPEAL 3-89 Mr. O'Neil moved to uphold the decision of Gerald P. Lee, the administrative officer, and give Mr. Loebel the remainder of the 6 months extension to pursue other options. Mr. Pionek seconded and the motion carried. APPEAL 5-89 Mr. Berken submitted. The hardship is the the lot and the closeness of the firewalled. Mr. O'Neil seconded moved to approve the appeal as narrow width of the lot, size of buildings. The garage is to be and the motion carried. APPEAL 6-89 - Withdrawn. Page 4, BOA Minutes 4/27/89 APPEAL 7-89 - Mr. O'Neil moved to deny the appeal as submitted, as Mr. Peterson was unable to establish a hardship. Mr. Berken seconded and the motion carried. Page 4, BOA Minutes 4/27/89 APPEAL 8-89 - Mr. Pionek moved to approve the appeal as submitted for a setback from Wentland Drive to allow a 15' x 40' addition to the existing structure. The hardship is the location of the existing building. Mr. Rerken seconded and the motion carried. APPEAL 9-89 - Mr. Berken moved to approve the appeal as submitted. The hardship is the narrow width of the lot and the need for parking. Mr. O'Neil seconded and the motion carried. APPEAL 10-89 - Mr. O'Neil moved to approve the appeal as submitted. The hardship is the dimension of the lot and the location of the house in conjunction to the garage. The 40' driveway is to be pitched so as not shed any water on the neighbor's property. Mr. Berken seconded and the motion carried. Mr. O'Neil made a motion to elect Mr. Thomas Berken as the new Vice Chairman. Mrs. Koester seconded and the motion carried. ADJOURNMENT: Mr. O'Neil moved to adjourn at 11:30 P.M. Mrs. Koester seconded and the motion carried. Respectfully Submitted Cheryl Schmidt Recording Secretary /cs