Zoning Board of Appeals- - Minutes 10/24/1985CITY OF MUSKEGO
BOARD OF APPEALS
MINUTES OF BOARD OF APPEAL MEETING HELD ON OCTOBER 24, 1985
Chairman Gerald Fohr called the meeting to order at 7:30 P.M.
PRESENT: Chairman Gerald Fohr, Vice -Chairman Thomas Berken,
Lloyd Erno, Carol Nievinski, First Alternate Linda Koester,
Second Alternate Vincent Caporali, and Zoning Officer Gerald Lee.
ABSENT: Estel Ellery
MINUTES: Mrs. Nievinski moved to adopt the minutes of the
eptem er 27, 1985, meeting. Mr. Berken seconded and the motion
carried.
APPEAL #85-10 - KENNETH WASHBURN - Mr. Washburn appeared
before the Board to request a 5 toot variance to construct a 24'
but not more than 26' x 24' second garage structure. Mr.
Washburn has received the approval of the Plan Commission on
October 1, 1985. Mr. Washburn stated there is a creek to the
east of his lot, and a ditch along the south which divides his
property from his neighbor, Guyle Hetzel. Mr. Hetzel appeared
before the Board to explain he had offered the City a 20 foot
easement, but they didn't accept, and if the City needs the 20'
easement on each side of the lot line, the easement would be 5
feet into Mr. Washburn's garage. Mr. Hetzel was not in favor of
allowing the variance. According to Mr. Washburn, the creek
shortens the actual yard space of one acre to approximately 2/3
acre, and the five foot variance will put the garage further
toward the creek and the lot line, and if necessary he would give
the City a 15' easement. The purpose of the garage is to
eliminate cars now parked in the driveway, and improve the
appearance of the lot. Chairman Fohr noted the Glenbrook
Subdivision has a history of flooding, although there have been
no recent problems.
APPEAL 85-11 - ROBERT G. SMITH - Mr. Smith appeared before
the Board to request a variance o 15' in offset for constructing
a 24' x 22' detached garage. Mr. Smith explained the lot is on a
hillside and drops off, and the only placement for the garage is
in front of the house toward Lannon Drive. The home is 5 feet
from the east lotline. Zoning Officer Lee explained there is no
foundation under an attached porch, and the garage must be 10'
from the principle structure. Upon questioning by the Board, Mr.
Smith explained the sewer line would go around the back; he would
not cover the lateral with the garage.
APPEAL 85-12 - MARION M. AND ERNEST W. HOWITT - Mr. Howitt
appeared before the Board to request a variance ot 10' in setback
to construct a 24' x 30' garage. Mr. Howitt said there a 15'
right-of-way for a drainage pipe on the south side of the lot and
Minutes - Board of Appeals
Page 2
an electric and sewer easement along the west side. Zoning
Officer Lee said the setback required is 75' from Lannon Drive
and where Mr. Howitt is located, Lannon Drive is a one way
boulevard. The driveway would access on the north side, and this
is the best placement of the garage on the lot.
The Board remained in open session.
APPEAL 85-10 - KENNETH WASHBURN - Mr. Berken moved to deny
the appeal as submitted. Mrs. Koester seconded. The vote was 6-
1 to deny with Mr. Caporali casting the only dissenting vote.
APPEAL 85-11 - ROBERT G. SMITH - Mr. Erno moved to grant
the appeal as submitted the hardship being the geographic layout
of the land. Mrs. Nievinski seconded and the motion carried.
APPEAL 85-12 - MARION M. AND ERNEST W. HOWITT - Mr. Berken
moved to grant the appeal as submitted ase on t e unusual shape
of the lot and the easements on the property. Mr. Erno seconded
and the motion carried.
A joint November/December meeting will be held on December
5, 1985 at 7:30 P.M.
MUSKEGO VOLUNTEER FIRE COMPANY FIRE TOWER - At the John
Spitzner pre-trial, the fire department agreed to move the tower
to the northwest corner of the City lot conditioned upon: 1.
the City paying for it, 2. the Board of Appeal granting the
variance in offset, and 3. agreement as to the location of the
tower by Mr. Masterson.
GARY JANUSZEWSKI - filed a summary judgement based on the
past action (appeals) of the Board of Appeals, scheduled for
December 5, 1985. Mr. Januszewski was given two alternatives,
either to go along with the decision of an appeal submitted in
1983, to attach the garage to the house, or set the garage
between the house and the channel.
ADJOURNMENT: Mrs. Koester moved to adjourn the meeting at
9:00 P.M. Mrs. Nievinski seconded and the motion carried.
Respectfully submitted
Carole Vavrik
Recording Secretary
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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 October
24, 1985, to consider the following appeals:
Appeal 85-10 Kenneth Washburn
W149 56550 Spring Lane
Muskego, WI 53150
Requesting a variance of 5' in offset for the
purpose of constructing a 24' x 24' garage
Zoned RS-1
Appeal 85-11 Robert G. Smith
W171 56952 Lannon Drive
Muskego, WI 53150
Requesting a variance of 15' in offset for the
purpose of constructing a 24' x 22' garage.
Zoned RS-3 OED
Appeal 85-12 Marion M. & Ernest W. Howitt
W172 57341 Lannon Drive
Muskego, WI 53150
Requesting a variance of 10' in setback for
the purpose of constructing a 24' x 30'
garage. Zoned RS-2
NOTICE OF CLOSED SESSION:
PLEASE TAKE NOTICE that the Board of Appeals of the City of
Muskego will 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 9th day of
October 1985
November 19, 1985
Kenneth Washburn
W149 S6550 Spring Lane
Muskego, WI 53150
Dear Mr. Washburn,
As per your request please be advised that the Board of
Appeal denied your request for a 5 foot variance for the purpose
of building a garage at the property listed above as there was no
adequate hardship given for granting that variance.
Yours very truly
BOARD OF APPEAL
Carole Vavrik
Recording Secretary
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CITY OF MUSKEGO
BOARD OF APPEALS
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PROPERTY LOCATION ON WHICH VARIANCE IS REQUESTED
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TYPE OF ZONING
VARIANCE REQUESTED:
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RE_-kSON FOR VARIANCE REQUEST:
$20.00 FEE TO BE PAID AT TIME OF APPLICATION:
DATE PAID y RECEIPT #
DECISION OF THE BOARD OF APPEALS
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