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Zoning Board of Appeals 09-1997CITY OF MUSKEGO� y� May 22, 1997 Curt and Collette Klenz W166 S8282 Kurtz Lane Muskego, WI 53150 RE: Appeal # 09-97 Dear Mr. and Mrs. Klenz, DEPARTMENT OF CITY PLANNING Matthew G. Sadowski, AICP Director of Planning (414) 679-4136 This letter is to inform you that the Board of Appeals, at the meeting held on May 15, I997, confirmed that the interpretation of Section #30.15 (3) (a) of the City of Muskego's Building Code, sets basement ceilings heights to no less than 6 feet 10 inches under joists, irregardless if the basement space is habitable or not. Sincerely, Susan J. Schroeder Recording Secretary cc: Chairman O'Neil Carlos Trejo, Plan Assistant Matthew Sadowski, Plan Director Chuck D. Dykstra, Sr., Building Director W182 S8200 Racine Avenue + Box 903 • Muskego, Wisconsin 53150-0903 • Fax (414) 679-5614 Appeal #09-97 Curt and Collette Klenz W 166 A8282 Kurtze Lane Muskego, WI 53150 REQUESTING: Under the direction of Section 30.09 (4) Inspections, Petitioner aggrived by decision of Building Inspector: 1. Chapter 30—Building Code: Chapter IV Design, Section 30.15 General Requirements: Said regulation requires the ceiling height of all habitable rooms to have a minimum ceiling height of seven (7) feet six (6) inches. Petitioner seeks a seven (7) foot ceiling space in a habitable basement. Zoned: RS-3/OLS, Suburban Residence District with a Lake Shore Overlay DECISION OF THE BOARD OF APPEALS Motion to allow basements to have ceiling height of 6'-7" for finished or non -finished basements habitable or non -habitable basements. Approved Chairman O'Neil ' /// ' Cn y�� Approved Vice Chairman Brandt Absent Memb erda Approved �,.,V ' Member Schepp Approved Member Schneiker Approved Member Schuester (l ' Alt. ) Absent Member Ross (2nd Alt.) CITY OF MUSKEGO BOARD OF APPEALS MINUTES OF MAY 15, 1997 PRESENT: Chairman Terry O'Neil, Vice Chairman Mike Brandt, Dan Schepp, Henry Schneiker, and Heather Schuster. ABSENT: James Ross and Ed Herda. MINUTES: Minutes were deferred to May 22, 1997 meeting. OLD BUSINESS: Appeal # 09-97 Curt and Collette Klenz, W166 58282 Kurtze Lane REQUESTING: Under the direction of Section 3.08 (1) Appeal Provisions, Petitioner seeks one (1) variance: 1. Chapter 30--Building Code: Chapter IV Design, Section 30.15 General Requirements. Said regulation requires the ceiling height of all habitable rooms to have a minimum ceiling height of seven (7) feet six (6) inches. Petitioner seeks a seven (7) foot ceiling space in a habitable basement space. Zoned: RS-3/OLS, Residential Suburban District with a Lake Shore Overlay. Carlos Trejo read a denial letter from the Building Inspection Department dated May 2, 1997, outlining Building Code, Section 30.15 (3)(a). The Board members questioned "basement" and "habitable". Also, the City will be adopting the Southeast Wisconsin Uniform Building Code sometime in the near future which allows for all basements built after 1980 to have a 7' ceiling height. Henry Schneiker made a motion to amend Appeal #09-97 to appealing an Administrative Ruling, not a building code appeal. Mr. Brandt seconded. Upon roll call vote, motion to amend carried. Mr. Brandt swore in Collette Klenz. Mrs. Klenz stated she obtained a building permit in February, 1997, to build a bedroom, bathrooming and couch area. This will have an exposed basement with a finished ceiling height of 7'. Carlos Trejo read I.L.H.R 21.06 regarding "Ceiling Heights". Appeal #08-97Jeannine and William Deering,213 S7483 Annes Way REQUESTING: Under the direction of Section 3.08 (1) Appeal Provisions, Petitioner seeks two (2) variances: 1. Chapter 30---Building Code: Said regulation restricts the interior area of a wood framed accessory structure to 720 square feet. Petitioner seeks a 288 square foot variance to permit a 1008 square foot accessory structure without a dividing firewall. 2. Chapter 30- Building Code: Chapter XI, Section 30.43 (5) Floor Surface: Said regulation requires the floor surface of all private garages to be of concrete construction and sloped toward the exterior garage door or opening. Zoned: RCE, Country Estate District. BOA 05/23/96 Page 2 Mike Brandt made a motion to amend Appeal #08-97 to appeal an Administrative ruling, not a building code appeal. Henry Schneiker seconded, upon roll call vote, motion to amend was carried. A letter was read from the Building Inspection Department Director outlining the denial to construct a 1008 square foot non-commercial accessory structure with a dirt floor and without a firewall. Mike Brandt swore in William and Jeannie Deering. The Board members question how many acres are required to allow for a agricultural building. 35 acres are required to build an ag building. On RCE zoning one horse is allowed for every 2.75 acres. The Board members questioned the reasoning behind allowing RCE zoning to have horses, but not allowing an ag type building. They also questioned the ability to have a Conditional Use applied to these properties with horse. Mrs. Deering stated neighboring communities allow for accessory buildings without concrete floors for livestock. Mrs. Deering read a letter from a horse trainer stating concrete floors are detrimental to the horses. The Board members directed Mr. Trejo to obtain ordinance from neighboring communities and forward to the Council. They also suggested changing the ordinance for Accessory Buildings in a RCE zoning to allow for housing of livestock. Appeal # 10-97Ronald P. and Joanne L. Knox, W180 56807 Muskego Drive. REQUESTING: Under the direction of Section 3.08 (1) Appeal Provisions, Petitioner seeks two (2) variance: 1. Chapter 17--Zoning Ordinance: Section 5.02 (3) Building Location: Offsets. Said regulation requires a minimum five (5) foot offset from the northern property line. Petitioner seeks a 1.5 foot variance to build an addition 3.5 feet from the northern property line. 2. Chapter 17--Zoning Ordinance: Section 5.03 Height. Said regulation limits the height of an accessory structure to fifteen (15) feet from grade at entry to peak of roof. Petitioner seeks a 4.3 foot variance to build a gazebo 19.3 feet high. Zoned: RS-3/OLS, Residential Suburban District with a Lake Shore Overlay. Mr. Knox sent a letter requesting to be placed on the May 22, 1997 agenda. Appeal # 11-97 Steven B. Brauch, S69 W16706 Martin Drive REQUESTING: Under the direction of Section 3.08 (1) Appeal Provisions, Petitioner seeks two (2) variances: 1. Chapter 17--Zoning Ordinance: Section 4.05 (2) C.4 Accessory Structures: Permanent Structures. Said regulation restricts the square footage of total outbuildings to 60% of the floor area of the principal building on the lot. Petitioner seeks a 113% variance to a build an accessory structure totaling 173% of the floor area of the principal building on the lot. 2. Chapter 30--BuildingCode: Chapter XI, Section 30.43 (3) (c) Garages: General Requirements. Said regulation restricts the interior area of a wood framed accessory structure to 720 square feet. Petitioner seeks a 112 BOA 05/23/96 Page 3 square foot variance to permit a 832 square foot accessory structure without a dividing firewall. Zoned: RS-1, Suburban Residence District. To be placed on the May 22, 1997, agenda. DELIBERATION Appeal #9-97 Henry Schneiker made a motion to allow basements to have a ceiling height of 6'7" for finished or nonfinished, habitable and nonhabitable basements. Heather Schuster seconded, upon roll call vote, motion carried unanimously. Appeal #8-97 Dan Schepp made a motion to refund the Board of Appeals variance fee to Mr. and Mrs. William Deering and request Carlos Trejo to pursue an ordinance change to allow an accessory building to be built to house livestock to be constructed without a cement floor. Mr. Schneiker seconded, upon roll call vote, motion carried unanimously. Appeal #10-97 (Scheduled for May 22, 1997 meeting.) Appeal #11-97 (Scheduled for May 22, 1997 meeting.) ADJOURN: Henry Schneiker made a motion to adjourn. Dan Schepp seconded. With no further business to come before this Board, the meeting adjourned at 9:45 P.M. Respectfully submitted, Susan J. S oeder Recording Secretary 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 Wisconsin Room at the Muskego City Hall, W182 58200 Racine Avenue, at 7:00 P.M., Thursday, May 15, 1997, 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 APRIL 24, 1997 MEETING 5. OLD BUSINESS Appeal # 08-97 Jeannine and William Deering W213 57483 Annes Way Muskego, WI 53150 REQUESTING: Under the direction of Section 3.08 (1) Appeal Provisions, Petitioner seeks two (2) variances: 1. Chapter 30--Building Code: Said regulation restricts the interior area of a wood framed accessory structure to 720 square feet. Petitioner seeks a 288 square foot variance to permit a 1008 square foot accessory structure without a dividing firewall. 2. Chapter 30--Buildingode: Chapter XI, Section 30.43 (5) Floor Surface: Said regulation requires the floor surface of all private garages to be of concrete construction and sloped toward the exterior garage door or opening. Zoned: RCE, Country Estate District. Appeal # 09-97 Curt and Collette Klenz W166 58282 Kurtze Lane Muskego, WI 53150 REQUESTING: Under the direction of Section 3.08 (1) Appeal Provisions, Petitioner seeks one (1) variance: 1. Chapter 30--Building Code: Chapter IV Design, Section 30.15 General Requirements. Said regulation requires the ceiling height of all habitable rooms to have a BOA 05/15/97 Page 2 minimum ceiling height of seven (7) feet six (6) inches. Petitioner seeks a seven (7) foot ceiling space in a habitable basement space. Zoned: RS-3/OLS, Residential Suburban District with a Lake Shore Overlay. Appeal # 10-97 Ronald P. and Joanne L. Knox W180 S6807 Muskego Drive Muskego, WI 53150 REQUESTING: Under the direction of Section 3.08 (1) Appeal Provisions, Petitioner seeks two (2) variance: 1. Chapter 17--Zoning Ordinance: Section 5.02 (3) Building Location: Offsets. Said regulation requires a minimum five (5) foot offset from the northern property line. Petitioner seeks a 1.5 foot variance to build an addition 3.5 feet from the northern property line. 2. Chapter 17--Zoning Ordinance: Section 5.03 Height. Said regulation limits the height of an accessory structure to fifteen (15) feet from grade at entry to peak of roof. Petitioner seeks a 4.3 foot variance to build a gazebo 19.3 feet high. Zoned: RS-3/OLS, Residential Suburban District with a Lake Shore Overlay. Appeal # 11-97 Steven B. Brauch S69 W16706 Martin Drive Muskego, WI 53150 REQUESTING: Under the direction of Section 3.08 (1) Appeal Provisions, Petitioner seeks two (2) variances: 1. Chapter 17--Zoning Ordinance: Section 4.05 (2) CA Accessory Structures: Permanent Structures. Said regulation restricts the square footage of total outbuildings to 60% of the floor area of the principal building on the lot. Petitioner seeks a 113% variance to a build an accessory structure totaling 173% of the floor area of the principal building on the lot. 2. Chapter 30--BuildingCode: Chapter XI, Section 30.43 (3) (c) Garages: General Requirements. Said regulation restricts the interior area of a wood framed accessory structure to 720 square feet. Petitioner seeks a 112 square foot variance to permit a 832 square foot accessory structure without a dividing firewall. Zoned: RS-1, Suburban Residence District. BOA 05/15/97 Page 3 6. NEW BUSINESS NONE 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 19.65 (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 llth day of April, 1997 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 hall, 679-5625. Also, Board of Appeals members may conduct site visits for informational purposes. CITY OF MUSKEGO BOARD OF APPEALS MINUTES OF APRIL 24, 1997 MEETING PRESENT: Chairman Terry O'Neil, Vice Chairman Mike Brandt, Henry Schneiker, Ed Herda, Heather Schuster and James Ross. MINUTES: Ms. Schuster made a motion to accept the minutes from March 27, 1997, meeting. Mr. Schneiker seconded, upon voice vote, motion carried. OLD BUSINESS: Signing of decision letters for Appeal 5-97 and Appeal 6-97. Appeal $ 07-97 Anne and Michael Recknagel, W190 57096 Wentland Drive. REQUESTING: Under the direction of Section 3.08 (1) Appeal Provisions, Petitioner seeks two (2) variances: 1. Chapter 17--Zoninq Ordinance: Section 5.02 (3) A.1 Building Location Offsets. Said regulation requires a 7.5 foot offset from the northern property line. Petitioner seeks a 4.6 foot variance to build an addition to the rear of the home 2.9 feet from the northern property line. 2. Chapter 17--Zoning Ordinance: Section 4.06 (2) A.1 Legal Nonconformity: Classification and Regulation. No such structure may be expanded or enlarged except in conformity with the regulations of the district in which it is located. Petitioner seeks to construct an addition 2.9 feet from the northern property line. Zoned: RS-3/OLS, Suburban Residence District with a Lake Shore Overlay. This appeal was deferred from the March 27, 1997, meeting to allow appellant time to consider the total remodeling job. Mr. Brandt swore in Anne and Michael Recknagel as well as neighbor Barbara LaMere. Mr. Trejo stated the proposed addition would be within the 50% assessed value and the month deferral allowed for neighbors to review the proposed addition. The revised plans now angle the deck 45 degrees with a wrap around deck within the compliance area. Mrs. LaMere stated she had concerns in regards to the original plans because the extension would block views of the lake from her home, however, she finds the new plans acceptable and has no objections to the expansion. No other calls from neighbors were received in regards to this issue. NEW BUSINESS Appeal # 08-97, Jeannine and William Deering, W213 57483 Annes Way. REQUESTING: Under the direction of Section 3.08 (1) Appeal Provisions, Petitioner seeks two (2) variances: 1. Chapter 30--Building Code_: Said regulation restricts the interior area of a wood framed accessory structure to 720 square feet. Petitioner seeks a 288 square foot variance to permit a 1008 square foot accessory structure without a dividing firewall. 2. Chapter 30--Building Code_: Chapter XI, Section 30.43 (5) Floor Surface: Said regulation requires the floor surface of all private garages to be of concrete construction and sloped toward the exterior garage door or opening. Zoned: RCE, Country Estate District. Mr. Brandt swore in Jeannine Deering. Mr. Trejo stated that under the advice from the City's attorneys, staff would be recommending that this appeal (Appeal #8-97), and Appeals #9-97 and Appeal #11-97 request no. 2, be deferred. All three of these items deal with issues in regards to the City's building code, and under the interpretation of the City's attorneys, items dealing with building code issues are not appealable, and the Board is not allowed to vary building codes, as they have no authority under the state statutes. The Board of Appeals may only hear appeals regarding an inspector's interpretation of a building code. Counsel recommends deferral of Appeals #8-97, 9-97, and 11-97 request no. 2, due to the fact they all are requesting a variance from building codes and not from an administrative interpretation or a zoning code, until further interpretation is available. Mr. Trejo stated he will make every effort to obtain an interpretation and schedule a special meeting prior to the regular May meeting. Ms. Schuster made a motion to defer Appeals 48-97 and #9-97 and Appeal #11-97, request no. 2. Mr. Schneiker seconded. After discussion regarding the Board of Appeals inability to hear these appeals, a role call vote was called. The motion to defer passed 3-2, with Chairman O'Neil and Mr. Herda voting nay. Appeal # 09-97, Curt and Collette Klenz, W166 S8282 Kurtze Lane REQUESTING: Under the direction of Section 3.08 (1) Appeal Provisions, Petitioner seeks one (1) variance: 1. Chapter 30--Building Code: Chapter IV Design, Section 30.15 General Requirements. Said regulation requires the ceiling height of all habitable rooms to have a minimum ceiling height of seven (7) feet six (6) inches. Petitioner seeks a seven (7) foot ceiling space in a habitable basement space. Zoned: RS-3/OLS, Residential Suburban District with a Lake Shore Overlay. DEFERRED. Appeal # 10-97, Ronald P. and Joanne L. Knox, W180 S6807 Muskego Drive REQUESTING: Under the direction of Section 3.08 (1) Appeal Provisions, Petitioner seeks two (2) variance: 1. Chapter 17--Zoning Ordinance: Section 5.02 (3) Building Location: Offsets. Said regulation requires a minimum five (5) foot offset from the northern property line. Petitioner seeks a 1.5 foot variance to build an addition 3.5 feet from the northern property line. 2. Chapter 17--Zoning Ordinance: Section 5.03 Height. Said regulation limits the height of an accessory structure to fifteen (15) feet from grade at entry to peak of roof. Petitioner seeks a 4.3 foot variance to build a gazebo 19.3 feet high. Zoned: RS-3/OLS, Residential Suburban District with a Lake Shore Overlay. Mr. Jim Ross stepped down on this appeal. Mr. Brandt administered an oath to Mr. Knox. Mr. Trejo described the zoning of the lot. Mr. Knox stated he plans of building a gazebo on top of an extension to an existing deck as this is the only location available. If it were built on the ground, it would be located in the middle of the of the existing deck stairs. Also there is a tree that the existing deck is built around, this cannot be moved, and also the view would be lost. Mr. Trejo explained the grade is measured from the grade of entry. In this case, Mr. Knox has place the gazebo on top of a raised deck. In order to apply the ordinance fairly to all property owners, the grade is measured from ground grade, not at the point of entry. Mr. Knox stated this structure would still be lower than the highest point of the house and lower than the neighbor's house. Mr. Knox has a letter from the neighbor granting his approval. Mr. Trejo questioned the hardship applicable to both the offset and height. Mr. Knox stated the deck would need to be reconfigured and the loss of the view. Appeal # 11-97, Steven B. Brauch, S69 W16706 Martin Drive REQUESTING: Under the direction of Section 3.08 (1) Appeal Provisions, Petitioner seeks two (2) variances: 1. Chapter 17--ZoningOrdinance: Section 4.05 (2) C.4 Accessory Structures: Permanent Structures. Said regulation restricts the square footage of total outbuildings to 60% of the floor area of the principal building on the lot. Petitioner seeks a 113% variance to a build an accessory structure totaling 173% of the floor area of the principal building on the lot. 2. Chapter 30--Building Code: Chapter XI, Section 30.43 (3) (c) Garages: General Requirements. Said regulation restricts the interior area of a wood framed accessory structure to 720 square feet. Petitioner seeks a 112 square foot variance to permit a 832 square foot accessory structure without a dividing firewall. Zoned: RS-1, Suburban Residence District. Mr. Jim Ross stepped down on this appeal. Chairman O'Neil stated the Board would only hear the first half of this appeal, the portion regarding the zoning for an accessory structure. Mr. Brandt swore in Steven Brauch, Paul Brauch and Edith Hofrichter. Mr. Trejo stated the residence on this property has a foot print of 480 square feet not the 1600 square feet allowed by this zoning area. Mr. Brauch is requesting a 26' by 32' garage to park his handicap accessible van and place storage in. Mr. Brauch does not wish to attach the garage to his home as that would restrict future expansion of his residence. Mr. Brauch stated he plans in the future also to divide his lot which further limits the expansion of his residence. Mrs. Hofrichter is concerned that a garage of this size would affect the sale of her home this summer. On the advice of her attorney, she is objecting to the oversize structure being built. Mr. O'Neil stated there would be 200 feet from the property line to her residence. DELIBERATIONS Mr. Trejo stated, that prior to the deliberations of today's appeals, Attorney Eric Larson, from Arnez, Molter, Macy & Riffle, the City's contracted attorneys, would speak in regards hardship and variance standards. Mr. Brandt made a motion to allow Attorney Larson to speak regarding variance standards, Mr. Ross seconded. Upon roll call vote, the motion carried 5-1, Mr. Herda voting nay. Attorney Larson discussed the three statutory standards required to issue a variance: 1. Unnecessary Hardship, where the absence of a variance, an owner can make no feasible use of a property. 2. Unique property Limitation, unique physical characteristics of the property, not the desires of or conditions personal to the applicant, must prevent the applicant from developing in compliance with the zoning ordinance. 3. Protection of the Public Interest, granting of a variance must not harm the public interest. Attorney Larson went further to explain financial limitations and self-imposed hardships are not to be taken into consideration. APPEAL #7-94 Mr. Brandt made a motion hardship. Ms. Schuster a short discuss. Motion nay, and Mr. Ross's vote APPEAL #8-97 *Deferred* APPEAL #9-97 *Deferred* to deny Appeal #7-97, due to the lack of seconded. Roll call vote was taken after carried 3-2, with Brandt and Herda voting not counting as he is second alternate. APPEAL #10-97 Mr. Schneiker made a motion to defer Appeal #10 and Appeal #11 until the Board of Appeals receives direction from counsel. Mr. Brandt seconded. Upon roll call vote, motion carried unanimously. APPEAL #11-97 *Deferred with Appeal #10-97* ADJOURN: Mike Brandt made a motion to adjourn. Ed Herda seconded. With no further business to come before this Board, the meeting adjourned at 10:45 P.M. Respectfully submitted, Susan J. Schroeder Recording Secretary 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 Wisconsin Room at the Muskego City Hall, W182 S8200 Racine Avenue, at 7:00 P.M., Thursday, April 24, 1997, 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 MARCH 27, 1997 MEETING 5. OLD BUSINESS 1. Signing of decision letter from the March 27, 1997 meeting. 2. Appeal # 07-97 Anne and Micheal Recknagel W190 S7096 Wentland Drive Muskego, WI 53150 REQUESTING: Under the direction of Section 3.08 (1) Appeal Provisions, Petitioner seeks two (2) variances: 1. Chapter 17--Zoning Ordinance: Section 5.02 (3) A.1 Building Location : Offsets. Said regulation requires a 7.5 foot offset from the northern property line. Petitioner seeks a 4.6 foot variance to build an addition to the rear of the home 2.9 feet from the northern property line. 2. Chapter 17--Zoning Ordinance: Section 4.06 (2) A.1 Legal Nonconformity: Classification and Regulation. No such structure may be expanded or enlarged except in conformity with the regulations of the district in which it is located. Petitioner seeks to construct an addition 2.9 feet from the northern property line. Zoned: RS-3/OLS, Suburban Residence District with a Lake Shore Overlay. BOA 04/24/97 Page 2 6. NEW BUSINESS Appeal # 08-97 Jeannine and William Deering W213 S7483 Annes Way Muskego, WI 53150 REQUESTING: Under the direction of Section 3.08 (1) Appeal Provisions, Petitioner seeks two (2) variances: 1. Chapter 30--Building Code: Said regulation restricts the interior area of a wood framed accessory structure to 720 square feet. Petitioner seeks a 288 square foot variance to permit a 100E square foot accessory structure without a dividing firewall. 2. Chapter 30--Building Code: Chapter XI, Section 30.43 (5) Floor Surface: Said regulation requires the floor surface of all private garages to be of concrete construction and sloped toward the exterior garage door or opening. Zoned: RCE, Country Estate District. Appeal # 09-97 Curt and Collette Klenz W166 S8282 Kurtze Lane Muskego, WI 53150 REQUESTING: Under the direction of Section 3.08 (1) Appeal Provisions, Petitioner seeks one (1) variance: 1. Chapter 30--BuildingCode: Chapter IV Design, Section 30.15 General Requirements. Said regulation requires the ceiling height of all habitable rooms to have a minimum ceiling height of seven (7) feet six (6) inches. Petitioner seeks a seven (7) foot ceiling space in a habitable basement space. Zoned: RS-3/OLS, Residential Suburban District with a Lake Shore Overlay. Appeal # 10-97 Ronald P. and Joanne L. Knox W180 S6807 Muskego Drive Muskego, WI 53150 REQUESTING: Under the direction of Section 3.08 (1) Appeal Provisions, Petitioner seeks two (2) variance: 1. Chapter 17--Zoning Ordinance: Section 5.02 (3) Building Location: Offsets. Said regulation requires a minimum five (5) foot offset from the northern property BOA 04/24/97 Page 3 line. Petitioner seeks a 1.5 foot variance to build an addition 3.5 feet from the northern property line. 2. Chapter 17--Zoning ordinance: Section 5.03 Height. Said regulation limits the height of an accessory structure to fifteen (15) feet from grade at entry to peak of roof. Petitioner seeks a 4.3 foot variance to build a gazebo 19.3 feet high. Zoned: RS-3/OLS, Residential Suburban District with a Lake Shore Overlay. Appeal # 11-97 Stven B. Brauch S69 W16706 Martin Drive Muskego, WI 53150 REQUESTING: Under the direction of Section 3.08 (1) Appeal Provisions, Petitioner seeks two (2) variances: 1. Chapter 17--Zoning Ordinance: Section 4.05 (2) C.4 Accessory Structures: Permanent Structures. Said regulation restricts the square footage of total outbuildings to 60% of the floor area of the principal building on the lot. Petitioner seeks a 113% variance to a build an accessory structure totaling 173% of the floor area of the principal building on the lot. 2. Chapter 30--Building Code: Chapter XI, Section 30.43 (3) (c) Garages: General Requirements. Said regulation restricts the interior area of a wood framed accessory structure to 720 square feet. Petitioner seeks a 112 square foot variance to permit a 832 square foot accessory structure without a dividing firewall. Zoned: RS-1, Suburban Residence 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. The Board of Appeals will then reconvene into open session. Detailed descriptions are available for public inspection at the BOA 04/24/97 Page 4 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 11th day of April, 1997 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 Hall, 679-5625. Also, Board of Appeals members may conduct site visits for informational purposes. CITY OF MUSKEGO BOARD OF APPEALS Application for Variance Applicants Name CL&ri K(tvnz Subject Property Address: Wf � (, 5 ,S�s1 K­JL.�r4-r Q J _ Telephone CC U Property Zoning S3 C}L�J Key # JMiS(_ Petitioner's relationship to property (circle applicable): owner lessee Fees: 195.00 Date inspector denied permit: other Requesting variance to Section 0.15 (Wa To allow: o. r i1 r C A literal enforcement of the terms of the above -referenced section would result in practical difficulty and unnecessary hardship because: WA-. r-k .L /1SiDn�Of) The variance, if granted, will not be contrary to the public interest and will be in C)�ayccord with the spirit of the code because: wt/ V @uC�k '� �U�-, �6Gt�Cw�c� 2�l The variance, if granted, will not adversely affect public safety or jeopardize public welfare because: 0 �O.NQ• �,?vc.I WY axe (&SQAACA E1({� 21.06 Question: Does an exterior window need to be safety glazed if it is within the tub or shower compartment? Answer: The UDC had not been very clear on this, however the CPSC has ruled that safety glazing is not required in this situation. There is code change before the council at this time that would require the following: ILHR 21.05 (5) Safety Glass. Safety Glass meeting the requirements of ANSI Z97.1 shall be provided in the following locations: L gl n interior and exterior door, sliding door, storm door or APo doors. g � b. Any g in wit 2 feet of doors and less than 2 feet from thefloor. 0 gl t th �u o shower enclosure or within S feet of the floor and within 3 orizonially the outside of a bathtub or shower enclosure. SgIazusip', a 1644 within s feet vertically of the tread or landi e. stah u o e nast� p or�llb tr of 1 a 3j ILHR 21.06 Ceiling height. All habitable rooms, kitchens, hallways, bathrooms and corridors shall have a ceiling height of at least 7 feet. Habitable rooms may have ceiling heights of less than 7 feet provided at least 50% of the room's floor area has a ceiling height of at least 7 feet. Beams and girders or other projections shall not project more than 8 inches below the required ceiling height. History: Cr. Register, November, 1979, No. 287, eff. 6-1-80; r. and recr. Register, February, 1985, No. 350, eff. 3-1-85. Ceilin Hei ht Question: Does a basement have to comply with the 7-foot minimum ceiling height requirement? Answer: It only does in those areas of the basement that contain rooms used for sleeping, living, dining, kitchens, hallways, bathrooms and corridors. From a practical ,standpoint, most basements will contain some of these uses initially or after the basement is finished -off in the future. Some foresight by the builder/owner is required, since changing ceiling height is not a practical building alteration. Qhrestion. Mav a ceiling fan encroach on they required ceiling height.' Answer. .a ceiling fan may encroach similar to a heam or girder —no more than 8 inches helow the required ceiling height. -1997-21-42- CITY OF MUSKEGO rZ� May 2, 1997 Curt & Collette Klenz W166 S8282 Kurtze Lane Muskego, WI 53150 RE: Denial of Building Permit. Dear Mr. & Mrs. Klenz, BUILDING DEPARTMENT Chuck D. Dykstra, Sr., Director (414) 679-4145 Inspection Requests (414) 679-4110 Your request for a building permit to remodel the lower walkout level of your home has been denied for the following reasons: 1. Building Code, Section #30.15 (3)(a.), requires ceiling heights in all habitable rooms to measure 7 feet 6 inches in height. Your proposal would provide only 7 feet of ceiling height in the affected area and therefore cannot be approved for human habitation. See also 30.15 (3.)(c.). Muskego Municipal Code, Section #30.09 (4), provides that any person feeling aggrieved by any order or ruling of the Building Inspector may appeal from such ruling to the Board of Appeals within twenty (20) days after written notice (date of this letter) of such ruling has been delivered. Such appeal is to be made in writing, on forms provided by the Planning Department, setting forth the order appealed from, and the respects in which said person feeling aggrieved claims said order or ruling is erroneous or illegal. Direct any questions you may have in this regard to Carlos Trejo at 679-5674. Sincerely, Chuck D. Dykstra Sr. Director Building Inspection Department cc: Mayor David DeAngelis Planning Director Matthew Sadowski Planning Dept Staff Carlos Trejo Alderman David Sanders CD-h lcdlboa 0997 W182 58200 Racine Avenue • Box 903 • Muskego, Wisconsin 53150-0903 • Fax (414) 679-5618 RA G E N 320 Oo 27,66 roe s, r,1 EXIS 7-s z sT�Y. rRAME OWL19 k f 1 0 i� QD o; n1 h� D�oPPeaM To clx W166 n 56282 M 20,92 Q tJ Ce�� r ,n [_Qjr 13.4 � s U� /1 Vim• r r_ ri o� -. 14'.. " 11 1 :� ro JQ COLAVSL 1 r M -r� "P- r April 8, 1997 RE: Curt & Collette Klenz Residence located at W166 S8282 Kurtze Lane Muskego I am aware that the Klenz's are in the process of finishing their exposed lower level and are scheduled to appear before the Board of Appeals on Thursday, April 24, 1997. As it was explained to me, the City of Muskego code requires them to have 716" ceiling height, however, the Klenz's will only have 7' ceiling height due to the grade of elevation of the 2' above the 100 year flood plain for finished living area. I have no objection to the City of Muskego, Board of Appeals approving the variance that would allow the Klenz's to have 7' ceiling height in their lower level. Thank yo}� NAM E r 0 f' E NAME DnRESS ,�tjzL" Sf'�Y4 ADDRESS wr S23 ADDRESS f ADDRESS ] , ADDRESS of ; s6f ADDRESS ADDRESS ADDRESS ADDRESS V //. 5- S- "f �O Z! �-- f /-A ADDRESS lo, r �(/; 6