Zoning Board of Appeals 09-1994City of Mu.3/eegro
Mr. Jack Bruley
W180 S6816 Muskego Drive
Muskego, WI 53150
Dear Mr. Bruley:
BUILDING INSPECTION DEPARTMENT
W182 S8200 RACINE AVENUE • BOX 903 • MUSKEGO, WI 531 50-0903 • (414) 679-41 10
The Board of Appeals wishes to advise you that your request for
the following variance has been approved:
1)Requesting a 159 sq. ft. variance from Section 17:4.05(2)c.4.
requirement of 461 sq. ft., to allow the construction of a new
620 sq. ft. detached garage.
The request for a variance from the south property line has been
denied due to lack of hardship.
2)Requesting a 3' 6" variance from Sections 8.08(3), 9.07(3) and
17:5.02(3)A.1. requirement of 5' 6", to allow the construction
of a new detached garage within 2' 0" of the South property
line.
You are further advised that building permits are required
before work is commenced.
Sincerely,
Susan J. Schroeder
Recording Secretary
City of Sine ICe.fidential, J'ndmilria! and Recreational 5.ci[if1e3
CITY OF MUSKEGO
BOARD OF APPEALS
DATE APRIL 28, 1994
NAME JACK BURLEY
ADDRESS W180 S6816 MUSKEGO DRIVE TELEPHONE 679-9581
PROPERTY LOCATION ON WHICH VARIANCE IS REQUESTED
ADDRESS W180 S6816 MUSKEGO DRIVE
SUBDIVISION
TYPE OF ZONING RS3-OED
LOT BLOCK
VARIANCE REQUESTED: 1) Requesting a 159 sq. ft. variance from
Section 17:4.05(2)C.4. requirement of 461 sq. ft., to allow the
construction of a new 620 sq.ft. detached garage.
2) Requesting a 3'6" variance from Sections 8.08(3), 9.07(3)
and 17:5.02(3)A.l. requirement of 5'6", to allow the
construction of a new detached garage within 2'0" of the south
property line.
REASON FOR VARIANCE REQUEST:
Raze old garage and construct new three car garage.
80.00 FEE TO BE PAID AT TIME OF APPLICATION
DATE PAID 4/6/94 RECEIPT NUMBER 103235
DECISION OF THE BOARD OF APPEALS
CHA I RN
VICE-C
MEMBER
MEMBER
MEMBER
FIRST ALTERNATE
SECOND ALTERNATE
Secretary
APPRO,VED DENIED
�� M Rff iJ
CITY OF MUSKEGO
BOARD OF APPEALS
CITY OF MUSKEGO BOARD OF APPEALS MINUTES HELD ON APRIL 28, 1994.
Chairman Fohr called the meeting to order at 7:30 P.M.
PRESENT: Chairman Gerald Fohr, Mr. Lloyd Erno, Mr. Dan Schepp,
Mr. Don Pionek, Mr. Terry O'Neil, and Building Director Chuck
Dykstra.
MINUTES: Mr. O'Neil made the motion to accept the minutes from
March 24, 1994, with two correction. Mr. Pionek seconded, upon
voice vote, motion carried.
APPEAL-#9-y94 - Jack Bruley, W180 S6818 Muskego Drive, Muskego,
Wisconsin, 53150. Appellant requesting two variances.
1)Requesting a 159 sq. ft. variance from Section 17:4.05(2)C.4.
requirement of 461 sq. ft., to allow the construction of a new
620 sq. ft. detached garage. 2)Requesting a 3' 6" variance from
Sections 8.08(3), 9.07(3) and 17:5.02(3)A.1. requirement of 5'
611, to allow the construction of a new detached garage within 2'
0" of the South property line.
Mr. Fohr requested Mr. Dykstra to explain the RS#-OED zoning.
Mr. Pionek administered the oath to the appellant.
Mr. Bruley stated the existing garage is old with only one
stall. It is currently used for storage. He intends to start
the new garage at the back of the existing structure. The
problem is he owns two vintage cars, a boat which he is unable
to access the rear of his lot with and a company truck. Mr.
Bruley stated his well is located at the north side of his lot,
it is a shared well with his neighbor.
Mr. O'Neil asked why it is necessary to locate the garage so
close to the lot line. Mr. Bruley stated it would give him more
yard space. Mr. Bruley also stated he would be removing the
metal storage shed at the rear of his lot.
Mr. O'Neil stated the old garage would have to be razed prior to
building a new structure.
Mr. Bruley stated he spoke with his neighbors and they have no
objections to a new garage structure.
APPEAL-#10-94 -Robert Salmen, S74 W14941 Woods Rd, Muskego,
Wisconsin, 53150, appellant requesting a variance from a 6' 7"
variance, from Section 17:8.07(3) requirement of a 40'
street -side setback, to allow the construction of a new attached
garage within 33' 5" of base setback line.
Mr. Fohr requested Mr. Dykstra to explain the RS-2 zoning.
Mr. Pionek administed an oath to Mr. and Mrs. Salmen.
BOARD OF APPEALS MINUTES
APRIL 28, 1994
PAGE 2
Mr. Salmen stated he needs a new garage for vehicles. He
intends to install a driveway straight out on his property and
allow the old driveway to be grass covered. The existing garage
is a one car structure. There is no basement under the house
and the garage is currently used for storage. Mr. Salmen
intends to match the brick on the new garage to the existing
brick on the house.
Mr. Salmen stated his hardship is the pie shaped lot and the
fact that the road runs through the property. Mr. Salmen also
stated that the zoning codes have changed over the years. Mr.
Salmen also informed the Board that the new garage would be no
closer to the road than his house currently is now.
There were no neighbors in the audience to talk.on this subject.
APPEAL-#11-94-Richard Kroening, S78 W18742 Janesville Road,
Muskego, Wisconsin, 53150. Appellant requesting three
variances. 1)Requesting a 2' 10" variance from Sections
17:8.12(3) and 17:5.02(3)A.l. requirement of 5' 611, to allow
the construction of a new addition within 2' 8" of the West
property line. 2)Requesting a 9' 2" variance from Sections
17:8.12(3) and 17:5.02(2)B. requirement of 20' 011, to allow the
construction of a new attached garage within 10' 10" of the
Base -setback line. 3)Requesting a variance from Sections
17:4.06(2)A.1. and 17:4.06(2)B.1., which prohibit the expansion
of non -conforming structures, to allow the construction of an
addition and attached garage in a non -conforming location and
with a non -conforming use.
Mr. Dykstra explained to the members the type of zoning
involved, which is B-2. Mr. Pionek administered an oath to Mr.
and Mrs. Kroening.
Mr. Kroening explained at the rear of the house is a 10' x 15'
old porch converted into a family room with no basement. They
wish to enlarge the living room and family room and replace the
existing garage, razing the current garage.
Mr. Kroening explained they had their house up for sale and
never received any inquiries on the property. They have spoken
to neighbors and no one has a problem with expanding the
structure. Mr. Kroening explained the lot size prohibits any
other choices for remodeling, and they are in the need of a
larger garage and living center.
APPEAL-#12-94 - Ronald or Marlene Peterson, S78 W20055
Burningwood Ct. Muskego, Wisconsin, 53150, appellant requesting
one variance 1)Requesting a 5' 0" variance from Section
17:8.08(3) requirement of 15' 011, to allow the construction of a
deck within 10' 0" of the South West property line.
Mr. Fohr requested Mr. Dykstra to explain the RS3 OPD zoning.
Mr. Pionek administered an oath to Mr. and Mrs. Peterson.
BOARD OF APPEALS MINUTES
APRIL 28, 1994
PAGE 3
Mr. Peterson explained he purchased a lot on a cul-de-sac,
however, the rear lot drops off too severely to have a patio in
the back of his home. In order to build a deck at this
location, he would be within 10 feet of the lot line. The
homeowners association gave approval of this deck. There were
no neighbors in the audience to speak on this appeal.
APPEAL-#13-94 - Tim or Jackie Kantak, W136 S8333 Holz Drive,
Muskego, Wisconsin, 53150, requesting two variances 1)Requesting
a 6' S" variance from Sections 17:8.03(3), 17:9.04(3) and
17:5.02(3)A.1. requirement of 8' 711, to allow the construction
of a new garage within 2' 2" of the North property line.
2)Requesting a variance from Section 17:4.06(2)A.1., which
prohibits the expansion of a non -conforming structure, to allow
the construction of a new attached garage in a non -conforming
.location.
Mr. Dykstra explained to the board members the R2 OLS zoning.
Mr. Pionek administered an oath to Mr. and Mrs. Kantak.
Mr. Kantak explained they have no garage on this property and
are in need of a two car garage. With the water on the south
lot line, the lot is too non -conforming to place the structure
any where else.
Mr. Dykstra explained this property has an on site sewage system
and requires approval from the Waukesha County Department of
Environmental Resources, Division of Environmental Health.
APPEAL#14-94 - Troy Loomis, Merit Asphalt, Inc., S84 W18645
Enterprise Drive, Muskego, Wisconsin, 53150, appellant is
requesting one variances: 1) Requesting a 1' variance from
Section 17:6.11 which, through Section 9 of the Rules and
Regulations for Muskego Business/Industrial Park (As Amended),
allows only a 6' fence. Petitioner requests a 7' fence.
Mr. Loomis was not in attendance. Mr. Fohr read the appeal and
letter provided by Mr. Loomis. There was no one in the audience
to discuss this appeal.
---------------------------------------------------------------
The Board of Appeals recessed for five minutes. They remained
in open session when returning.
APPEAL #9-94 Jack Bruley, W180 56816 Muskego Drive, Muskego,
Wisconsin. Mr. Terry O'Neil made the motion to grant the
request to allow a 620 sq. ft. detached garage. Hardship being
the non -conforming size of the house. Granting the request under
the condition the existing garage and metal storage shed be
razed.
The second request for a 316" variance was denied due to lack of
hardship. Mr. Pionek seconded the motion. Upon roll call vote,
motion carried.
BOARD OF APPEALS MINUTES
APRIL 28, 1994
PAGE 4
APPEAL #10-94 Mr. Robert Salmen, S74 W14941 Woods Road, Muskego,
Wisconsin. Mr. Erno made the motion to grant the variance as
requested do to the irregular shaped lot and the location of the
existing structure. Mr. Terry O'Neil seconded. Upon roll call
vote, Mr. Pionek voted nay, all others voted yes, motion
carried.
APPEAL #11-94 Mr. Richard Kroening, S78 W18742 Janesville Road,
Muskego, Wisconsin. Mr. Dan Schepp made the motion to grant the
three variances as stated. Hardship being existing lot size,
location of the garage, upon the condition the existing garage
structure be torn down. The garage variance is being granted
because it would eliminate too much of the backyard area, this
is a existing non -conforming lot. Mr. O'Neil seconded this
motion. Upon roll call.vote, motion carried.
APPEAL #12-94 Mr. Ronald Peterson, S78 W20055 Burningwood Court,
Muskego, Wisconsin. Mr. Jerry Fohr made the motion to grant the
variance as requested. Hardship being the topography of the
rear of the lot. Mr. Terry O'Neil seconded this motion. Upon
roll call vote, motion carried.
APPEAL #13-94 Mr. Tim Kantak, W136 58333 Holz Drive, Muskego,
Wisconsin. Mr. Terry O'Neil made the motion to grant the two
variances as requested. Hardship being a non -conforming
building on a non -conforming lot, subject to Waukesha County
Sanitation Department Approval. Mr. Pionek seconded this motion.
Upon roll call vote, motion carried.
APPEAL #14-94 Mr. Troy Loomis, S84 W18645 Enterprise Drive,
Muskego, Wisconsin. Mr. Jerry Fohr made the motion to grant the
variance as requested. Hardship being the security issue and
hazardous chemicals stored on site. Mr. Lloyd Erno seconded this
motion. Upon roll call vote, motion carried.
Mr. Lloyd Erno made the motion to adjourn at 10:15 P.M. Mr.
O'Neil seconded. With no further business to come before this
Board, the meeting adjourned.
Respectfully submitted,
Susan J. Schroeder
Recording Secretary
CITY OF MUSKEGO
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN pursuant to Wisconsin State Statute 62.23
(3) 6. that a public hearing will be held at the Muskego City Hall,
W182 S8200 Racine Avenue, at 7:30 P.M., Thursday, April
28, 1994, to consider the following appeals:
APPEAL #9-94 Jack Bruley
•w�&�5�8�5�Fl��k €� o'�i?�
Muskego, WI 53150
REQUESTING: 2 Variances
Appeal #10-94
Appeal #11-94
1)Requesting a 159 sq. ft. variance
Section 17:4.05(2)C.4. requirement
ft., to allow the construction of a
ft. detached garage.
2)Requesting a 3' 6" variance from
8.08(3), 9.07(3) and 17:5.02(3)A.1.
of 5' 6", to allow the construction
detached garage within 2' 0" of the
property line.
Zoning RS3-OED
Robert Salmen
S74 W14941 Woods Rd.
Muskego, WI. 53150
REQUESTING: 1 Variance
f rom
of 461 sq.
new 620 sq.
Sections
requirement
of a new
South
1)Requesting a 6' 7" variance, from Section
17:8.07(3) requirement of a 40' street -side
setback, to allow the construction of a new
attached garage within 33' 5" of base setback
line.
Zoning RS2
Richard Kroening
S78 W18742 Janesville Rd.
Muskego, WI. 53150
REQUESTING: 3 Variances
1)Requesting a 2' 10" variance from Sections
17:8.12(3) and 17:5.02(3)A.l. requirement of
5' 611, to allow the construction of a new
addition within 2' 8" of the West property
line.
2)Requesting a 9' 2" variance from Sections
17:8.12(3) and 17:5.02(2)B. requirement of
20' 011, to allow the construction of a new
attached garage within 10' 10" of the Base --
setback line.
3)Requesting a variance from Sections
17:4.06(2)A.1. and 17:4.06(2)B.1., which
prohibit the expansion of non -conforming
structures, to allow the construction of an
addition and attached garage in a non-
conforming location and with a non -conforming
use.
Zoning B2
Appeal #12-94 Ronald or Marlene Peterson
S78 W20055 Burningwood Ct.
Muskego, WI. 53150
REQUESTING: 1 Variance
1)Requesting a 5' 0" variance from Section
17:8.08(3) requirement of 15' 011, to allow the
construction of a deck within 10' 0" of the
South West property line.
Zoning RS3 OPD
Appeal #13-94 Tim or Jackie Kantak
W136 S8333 Holz Drive
Muskego, WI. 53150
REQUESTING: 2 Variances
1)Requesting a 6' 5" variance from Sections
17:8.03(3), 17:9.04(3) and 17:5.02(3)A.1.
requirement of 8' 711, to allow the construction
of a new garage within 2' 2" of the North
property line.
2)Requesting a variance from Section
17:4.06(2)A.1., which prohibits the expansion
of a non -conforming structure, to allow the
construction of a new attached garage in a
non -conforming location.
Zoning R2 OLS
Appeal #14-94 Troy Loomis
Merit Asphalt, Inc.
S84 W18645 Enterprise Drive
Muskego, WI 53150
REQUESTING: 1 Variance
1) Requesting a 1' variance from Section
17:6.11 which, through Section 9 of the Rules
and Regulations for Muskego Business/Industrial
Park (As Amended), allows only a 6' fence.
Petitioner requests a 7' fence.
Zoning I-1
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
Gerald Fohr, Chairman
Dated this 14th day of April, 1994
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 mall, 679-4100.
TX BOA/NOTICE
v
m
X
oe
ac <
?3V)
O C
! O O
_ N ce
mN 3f°a
» m CD
N
_ m w
o or
m "
IT m to
m m
x �
0
N N
7 < y O
CIO�s
CD
m
� n
H
m� eau
SL
m
1/7ch
� A
O f p
•t p �~9
fA
N
SL m fp
_� -_
03 � m
N
Ul O �Q
co
sQ w
tp T cp
c0i�- cm
O FL
m H y
� C �
Q th
�R mH
N
c ,D CD
a
r
m
m
Cn
m
m
A
a
c�
m
a
Cn
m
m
A
C.
A
W
w
Ln
40
r+•
'A
r
O
w
0
"h
2F
Sq
n
&W c
gC
�RAAMYW
�0
O
fb
r
s b
���`
h
fb
ss.�o
F.ENcE,
tl
v
6 73 %-0
f�
a
m W/L %y sec.
�
C
Ss0 s ►••O A p r•�'
m
ro 4 a a. A M
C
cY+y
rJ
see r+
'L9 n ? to ;:r r► `< G•
.r
°
m
0.
m
r-• @ C w •- A O O' A— ,a
n G.toz"� n�4
3
$
Ln
-4
mG IC
ell lb 4 r1 C r+ Ul O +"� M
a
f9 A ,G IA L4 O S IN T
r`•r N r f A N N n
s'
Z +C
r s v+ • O W �
L-•
C Cs• ►h w W
-
O .. m O— -.• -1 O H O
F
r+,
r.• .-• A —" C
C
r
Q m LZ A r►
S
00
W
O n C. rt O s
0
C
LA +q
w A A O 4
C
O A r'► I••h to r. v h
OG
< r+ V, M !•* A I
�+
rr1
>4«'�a.�
to
m
r*
w¢
r+ N O C �Z'
re
b
"7 O ,.- :P� 3 O M O
7q
Al
ry .. i1 g^
1-7
a w, 0
4
Ci r+ a A ,a V1n ti-h
M.
r
W m m C. to C n y
r+f A a n r+ rrt .•+•
w
�"
t..
O n n T N X M O' O r,
n
A
�
ri "! `< O (A r-•
a
`C `{ Co
A
CD
G -tp• rAD ra f Z
CD
�
A rt
rWA r•r Z O a
O O u mrS O O r•�n
r+ A `< A r* f'i m
s O• 00 A O ,w r•
�r `<
p m o 0 : p. � �
apr
W ►- A� ri a T 0 ►i
A
At� w r♦ Tsr.
n
co_
S]• r+ O .» ... O :3
O
r"
r+ rD a rh rw •% a X A
S r. rt "I -'
•<
).-• w ,n n to -
c
*+I I-h IE : + p r- X-
.. r+ a at * h .414 -. •. o -a
.-
to
Pt
I'm
A , (or)< a a t
rm
W
r•� 0= O
AF
►+ r.n kD
ec:3 xW XtriC, r+o c
`-•� A 5
n
4•• r. cn oo x «
:
p
M 70 w r• '- m
(%
It
A M r-O ram+ A A r "3w A
Z
r. O C a n », a 0.
;,,
a. r+ W , r•F r•r
r► A r+
O z n
n cw
3�
a
000000
w
Cl
C?
m