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Zoning Board of Appeals 10-1992CITY OF MUSKEGO BOARD OF APPEALS MINUTES OF BOARD OF APPEALS MEETING HELD ON MARCH 26, 1992. Chairman Gerald Fohr called the meeting to order at 7:30 P.M. PRESENT: Chairman Gerald Fohr, Vice Chairman Terry O'Neil, Lloyd Erno, Thomas Berken, Donald Pionek, and Chuck Dykstra, Sr. ABSENT: Darryl Rowinski and Robert Vitt. MINUTES: Mr. Berken made a motion to approve the minutes of the February 20, 1992 meeting and Mr. O'Neil seconded. Upon a voice vote, the motion to adopt the minutes passed unanimously. APPEAL 4-92 - Dale Bahringer, W166 S8324 Kurtze Lane, Muskego, Wisconsin. Chairman Fohr read the appeal requesting a 337 square foot size variance and a 2' 6" setback variance from Kurtze Lane, as well as a variance from the requirement of a fire wall to construct a 20' x 24' garage addition. Zoning: RS3/OLS. Mr. Dykstra explained the variance requests. Mr. Bahringer is allowed 60% of the size of his home for garage space and other outbuildings. The original figure Mr. Bahringer gave to the Building Inspection Department regarding the size of his house proved to be incorrect. When Mr. Dykstra actually measured the house, he arrived at a figure of 814 square feet. This would mean that Mr. Bahringer would be allowed 488 square feet for garage and outbuildings. The existing garage measures 352 square feet and a small storage shed measures 70 square feet. The square footage of these two structures must be subtracted from the 488 square feet that the homeowner is allowed. This leaves him with 66 square feet allowed for additional garage and/or outbuildings. The proposed garage addition is to be 480 square feet. When the 66 feet is subtracted from that, a size variance of 414 square feet remains. This is a larger size variance than originally figured. The Board expressed concern that this proposed garage addition was excessive and would block access to the lake. Mr. Bahringer appeared before the Board. He stated that he believes the eight feet along side the proposed garage addition would provide enough room to get around the garage structures. He plans to install a rear door in the garage addition to provide lake access. When asked why he needs this additional garage space, Mr. Bahringer stated that he has snowmobiles, and other items on the property site that he would place in the garage addition. He would also like to have a workshop in his garage. He has a side driveway where the garage addition would be built. He does not believe the garage addition would be excessive. He would like it large enough to park two vehicles inside. There was discussion regarding the requirement of a fire wall. Some of the Board members felt that this requirement was important since all of the garage structures in this area were very close together. Mr. Bahringer was asked if he gave any thought to removing the old garage and constructing a completely new structure. He stated that the existing structure is sound. He believes this would be cheaper for him. The garage Minutes of Board of Appeals March 26, 1992 Meeting Page 2 addition, as well as the existing garage would be resided and a new roof would be put on. When asked what the height would be. Mr. Bahringer stated 14 feet. APPEAL 5-92 - James Hansen, W171 S7350 Lannon Drive, Muskego, Wisconsin. Chairman Fohr read the appeal for Mr. Hansen requesting a 3.5' offset variance from north property line and a 6' offset variance to east property line to construct a second garage structure. Zoning: RS-2. Mr. Dykstra explained the variance requests. He also stated that Mr. Hansen had received Plan Commission approval. Mr. Hansen appeared before the Board. He presently has an old 10' x 12' utility shed that will be removed. He intends to use the slab from that shed and expand it for construction of a 22' x 20' second garage structure. Mr. Hansen stated he intends to use the structure for the storage of various equipment, such as boats, a trailer, a snowblower, etc. None of the area surrounding the structure will be paved. APPEAL 6-92 - Irene Masch, W145 S7644 Durham Drive, Muskego, Wisconsin. Chairman Fohr read the appeal for Mrs. Masch requesting a 4' setback variance from Durham Drive to construct a 10' x 20' addition to residence. Zoning: RS-2. Mr. Dykstra explained the request for the setback variance. Durham Drive has a 100' ultimate road width. The proposed addition to the front of the house would need to be set back 90' from the center of Durham Drive. In measuring the site, Mr. Dykstra stated that a 4' 8" setback variance would be required for the addition. Mr. Warren Seib, a contractor representing Mrs. Masch, was present. He stated that she wants to redo the front of the house and update her kitchen. He had previously submitted plans to the Building Inspection Department, which were passed to the Board members. Mrs. Masch's daughter was also present. She stated that her mother's neighbors did not oppose the addition. APPEAL 7-92 - Gerald Moran, 5104 W15043 Loomis Drive, Muskego, Wisconsin. Chairman Fohr read the appeal for Mr. Moran requesting a 178 square ft. size variance and an 11' 5" offset variance from south property line to construct a 12' x 24' garage addition. Zoning: A. Mr. Dykstra explained that the offset variance is from the back lot line to the existing garage, which is nonconforming. After actually measuring the distances at the property site, Mr. Dykstra stated that the variance required would have to be for 13' 5" instead of 11' 5". Mr. Moran appeared before the Board and stated that he now would like to put the garage addition on the east side of the existing garage. He does not have a problem with putting a fire wall in. The Board questioned Mr. Dykstra if this would pose any problems. Would the garage addition be too close to the house? Mr. Dykstra stated no. APPEAL 8-92 - Gerald and Collette Giefer, S76 W18006 Janesville Road, Muskego, Wisconsin. Chairman Fohr read the appeal from Mr. and Mrs. Giefer requesting no fire wall in a second garage structure. Zoning: RS-3/B-2/OPD/OLS. Mr. Dykstra explained that the fire wall requirement is not a City of Muskego Minutes of Board of Appeals March 26, 1992 Meeting Page 3 ordinance. It was adopted by the city from the Southeastern Wisconsin Building Inspectors Association code book which encompasses items not covered by the Uniform Dwelling Code or the state's commercial code. The code is binding, however, the Board of Appeals may grant variances. A fire wall is required in a wood frame structure over 720 square feet per this code. Mr. and Mrs. Giefer appeared before the Board. They are requesting no fire wall. The structure will be able to be used more efficiently without the fire wall. It is to be located a great distance from the house. The structure will be near the Muskego Volunteer Fire Department. Most of the items they plan to store inside will not contain gasoline. The height of the structure was also discussed. Mr. Dykstra did question the appellants about the structure height prior to the publication of the public hearing notice. Mr. and Mrs. Giefer stated that the structure would not exceed 151. They have since decided that the second garage structure will be higher than the 15' maximum, therefore, a height variance will be required. APPEAL 9-92 - Lowell Peterson, S74 W14829 Woods Road, Muskego, Wisconsin. Chairman Fohr read the appeal for Mr. Peterson requesting an appeal of the Plan Commission decision regarding land division. Zoning: RS-2. Mr. Dykstra stated that in October or November of 1991, this matter went before Plan Commission as a sketch. Mr. and Mrs. Peterson wanted to divide a parcel of land and create a new lot from their existing property for their son. Since each of the lots were considerably under the 20,000 square foot requirement, the Plan Commission recommended that the Petersons attempt to purchase land from neighbors to the east. A neighbor to the west had previously had a similar land division approved. When the preliminary sketch for that land division was brought in, only a 33' road dedication was taken out when the square footage of each lot was determined. The sketch was approved. A certified survey map was created and the Plan Commission approved the land division with less than the required square footage due to the fact that at the time of the sketch approval, they had not realized that the road dedication should have been 50'. The square footage of the lots to the west came to 17,748 each. Since each of the lots created by the Petersons would only be 16,561 square feet, the Plan Commission disapproved the land division. They did, however, state that if the Petersons could purchase enough land to bring the lot sizes up to the size of the previously approved adjoining lots to the west (17,748), the Plan Commission would approve the land division. Mrs. Peterson and her son appeared before the Board. She stated that she was not aware that only a sketch could be submitted for the Plan Commission to consider a land division. She had a certified survey map drawn up which allowed for the 50' road dedication. This reduced the size of the lots. Mrs. Peterson said that when she first came in to City Hall to discuss this land division, the 50' road dedication was not mentioned to her. She stated that there were lots nearby that required a much smaller lot size. She claimed Mayor Salentine had stated that 10% variances were occasionally granted by the Plan Commission Minutes of Board of Appeals March 26, 1992 Meeting Page 4 regarding lot size. Mr. and Mrs. Peterson did attempt to purchase land from neighbors to the east, but were refused. They believe the land division would not represent a problem to the city and would improve the site, as a new house could be built. The house would not require any variances. An existing garage would have to be relocated. She believes that the size of their lots is close enough to those divided to the west that the Board of Appeals should consider her appeal of the Plan Commission decision. APPEAL 10-92 - Ray Vees, W183 S7682 Kingston Drive, Muskego, Wisconsin. Chairman Fohr read the appeal for Mr. Vees requesting a 4' setback variance from ordinary high water mark to complete a deck. Zoning: RS-3/OLS. Mr. Dykstra explained that the contractor came in to the Building Inspection Department to take out a permit for the deck. One corner of the deck, however, is closer than 50' to the ordinary high water mark. Chuck did issue a building permit for the construction of the deck with the contingency that the northwest corner of the deck not be squared off unless the Board grants the variance. If the variance would not be granted, the contractor would be required to complete the deck by not squaring off the corner that was too close to the water. Mr. Mike Peterson from Callen Construction appeared on Mr. Vees' behalf. It is the contractor's belief that the deck would look better if it could be completed with the corner squared off. The deck will not be enclosed. It is a second story deck and is to be constructed on existing concrete retaining walls. Mr. Berken made a motion to adjourn into Closed Session. Mr. Erno seconded the motion. The Board of Appeals adjourned into Closed Session. APPEAL 4-92 - Dale Bahringer, W166 58324 Kurtze Lane. Mr. O'Neil made a motion to deny the appeal as submitted. Mr. Pionek seconded. Upon a roll call vote, the motion to deny the appeal passed unanimously. APPEAL 5-92 - James Hansen, W171 57350 Lannon Drive. Mr. Berken made a motion to grant the variance. The hardship being the location of the well and the existing building, as well as a need for storage space. Mr. O'Neil seconded. Upon a roll call vote, the motion to grant a 3.5' offset variance from north property line and a 6' offset variance to east property line passed unanimously. APPEAL 6-92 - Irene Masch, W145 57644 Durham Drive. Mr. Berken made a motion to grant the variance as requested. The hardship being the present location of the existing structure and the need for additional living space. Mr. Erno seconded the motion. Upon a roll call vote, the motion to grant a 4' 8" setback variance from Durham Drive passed unanimously. APPEAL 7-92 - Gerald Moran, 5104 W15043 Loomis Drive. Mr. O'Neil made a motion to grant the variance increasing the offset variance to 13' 5". The hardship being the lack of appropriate Minutes of Board of Appeals March 26, 1992 Meeting Page 5 storage space for vehicles and location of present garage. Mr. Berken seconded the motion. Upon a roll call vote, the motion to grant a 178 square foot size variance and a 13' 5" offset variance from south property line passed unanimously. APPEAL 8-92 - Gerald and Colette Giefer, S76 W18006 Janesville Road. Mr. Fohr made a motion to grant the variance as requested and include a 5' height variance. The hardship being there are no other structures within 50' of the proposed second garage structure and for architectural purposes to complement the existing dwelling. Upon a roll call vote, the motion to grant the 5' height variance and not require a fire wall passed unanimously. APPEAL 9-92 - Lowell Peterson, S74 W14829 Woods Road. Mr. O'Neil made a motion to grant the variance as requested. The hardship being the Petersons' inability to purchase land from the adjoining property owner to the east as suggested by the Plan Commission. Mr. Erno seconded. The Board stated the following conditions: 1.) This matter must go back to the Plan Commission. 2.) All present and future buildings will conform to the legal offsets and setbacks. Upon a roll call vote, the motion to appeal the Plan Commission decision passed unanimously. APPEAL 10-92 - Ray Vees, W183 57682 Kingston Drive. Mr. Berken made a motion to deny the appeal due to lack of a hardship. Mr. Fohr seconded. Upon a roll call vote, the vote was three in favor and two against. The Board proceeded to discuss the matter further. Following further discussion, Mr. O'Neil made a motion to grant the variance. The hardship being the location of the existing dwelling. Mr. Pionek seconded. Upon a roll call vote, the motion to grant a 4' setback variance from ordinary high water mark passed with a vote of four to one. MISCELLANEOUS BUSINESS: Chairman Fohr stated it was necessary to elect a Vice Chairman. Mr. Pionek made a motion to retain Terry O'Neil and Mr. Fohr seconded. Upon a voice vote, the motion passed unanimously. ADJOURNMENT There being no further business, Mr. Erno made a motion to adjourn and Mr. Fohr seconded. Upon a voice vote, the motion to adjourn passed unanimously. The meeting was adjourned at 10:40 P.M. Respectfully submitted, Jill Blenski Recording Secretary jmb 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 58200 Racine Avenue, at 7:30 P.M., Thursday, March 26, 1992 to consider the following appeals: Appeal 4-92 Dale Bahringer W166 S8324 Kurtze Lane Muskego, WI 53150 Requesting a 337 sq. ft. size variance and a 2' 6" setback variance from Kurtze Lane, as well as a variance from the requirement of a firewall to construct a 20' x 24' garage addition. ZONING: RS-3/OLS Appeal 5-92 James Hansen W171 S7350 Lannon Drive Muskego, WI 53150 Requesting a 3.5' offset variance from north property line and a 6' offset variance to east property line to construct a second garage structure 20' x 22'. ZONING: RS-2 Appeal 6-92 Irene Masch W145 57644 Durham Drive Muskego, WI 53150 Requesting a 4' setback variance from Durham Drive to construct a 10' x 20' addition to residence. ZONING: RS-2 Appeal 7-92 Gerald Moran 5104 W15043 Loomis Drive Muskego, WI 53150 Requesting a 178 sq. ft. size variance and 11' 5" offset variance from south property line to construct a 12' x 24' garage addition. ZONING: A Appeal 8-92 Gerald and Colette Giefer S76 W18006 Janesville Road Muskego, WI 53150 Requesting no firewall in second garage structure. ZONING: RS-3/B-2/OPD/OLS Appeal 9-92 Lowell Peterson S74 W14829 Woods Road Muskego, WI 53150 Requesting an appeal of the Plan Commission decision regarding land division. ZONING: RS-2 Appeal 10-92 Ray Vees W183 S7682 Kingston Drive Muskego, WI 53150 Requesting a 4' setback variance from ordinary high water mark to complete deck. ZONING: RS-3/OLS 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 12th day of March, 1992 CITY OF MUSKEGO BOARD OF APPEALS DATE - NAME ADDRESS TELEPHONE PROPERTY LOCATION ON WHICH VARIANCE IS REQUESTED ADDRESS e— SUBDIVISION O LOT BLOCK TYPE OF ZONING VARIANCE REQUESTED: rT Illetl "fa REASON FOR VARIANCE REQUEST: $35.00 FEE TO BE PAID AT TIME OF APPLICATION: DATE PAID -�, - >T RECEIPT NO. 77 DECISION OF THE BOARD OF APPEALS pproved Refuse CHAIRMAN�- VICE - C HA I R_4AN 'fi r �� 'c -i�K% ���-- -` I — MEMBER MEMBER MEMBER FIRST ALTERNATE SECOND ALTERNATE Secrecary f - ate