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Zoning Board of Appeals 10-1997r. CITY OF MUSKEGO May 28, 1997 Mr. and Mrs. Ronald Knox W180 S6807 Muskego Drive Muskego, WI 53150 RE: Appeal #10-97 Dear Mr. and Mrs. Knox: The Board of Appeals wishes to advise that your appeal from Section 5.02(3) Building Location: Offsets was denied due to fact there are alternative locations. Your appeal from Section 5.03 Height was approved as submitted. Please be advised a building permit is required prior commencing with construction on your property. Should you have any questions, please contact Carlos Trejo at 679--5674. Sincerely, Susan J. Schroeder Recording Secretary Appeal #10-97 Ronald P. and Joanne L. Knox W 180 S6807 Muskego 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) 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, Suburban Residence District with a Lake Shore Overlay DECISION OF THE BOARD OF APPEALS Motion to deny first appeal due to lack of hardship, and motion to approve second appeal, height, due to the fact that the entry level }s an interpretation. Approved Chairman O'Neil Approved Vice Chairman Brandt Approved Member Herda Approved Member Schepp Approved Member Schneiker Absent Member Schuester (let Alt.) Excused Member Ross (2"d Alt.) S-2Z- -7 CITY OF MUSKEGO BOARD OF APPEALS PRESENT: Chairman O'Neil, Vice Chairman Mike Brandt, Dan Schepp, Henry Schneiker, Ed Herda and James Ross. ABSENT: Heather Schuster STATEMENT OF PUBLIC NOTICE MINUTES: Mike Brandt made a motion to accept the minutes of April 24, 1997, meeting. Henry Schneiker seconded, upon voice vote, motion carried. Henry Schneiker made a motion to accept the minutes of May 15, 1997, meeting. Mike Brandt seconded, upon voice vote, motion carried. OLD BUSINESS: Signing of decision letter from the March 27, 1997 meeting. 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) variances: 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, Suburban Residence District with a Lake Shore Overlay Board member James Ross excused himself from hearing this appeal. Mr. Knox had been deferred from the April 24th meeting. Mr. Brandt swore in Mr. Knox. Mr. Trejo stated the interpretation of entry level was the Zoning Department's interpretation of Section 2.02 (20) Grade, Established: The elevation of the finished street at the centerline or curb as fixed by the Engineer or by such authority as shall be designed by law to determine such an elevation. Mr. Trejo further stated there is no permit on file in the Building Department for the existing deck. Mr. Knox stated the hardship is the house was located where it is before the current zoning was in place. Mr. Knox is trying to locate the gazebo as faraway from the property line as possible. Any other location on this site would destroy the site from the house to the lake. The location also would preserve the tree which the deck surrounds. Appeal #10-97 Mr. James Ross did not participate on the discussion nor the vote. Mr. Dan Schepp made a motion to deny the first appeal due to lack of hardship and to approve the second appeal, height, due to the fact that entry level is an interpretation. Mr. Mike Brandt seconded. Upon roll call vote the motion passed 5-0. Appeal #11-97 Mr. James Ross did not participate on the discussion nor the vote. Mr. Dan Schepp made a motion to grant variance to 60% rule and motion to approve appellant's administrative decision regarding zoning Mr. Mike Brandt seconded, upon roll call vote, motion passed 4-1, with Mr. Herda voting nay. Appeal #12-97 Mr. Dan Schepp made the motion to deny variance due to the fact it is vacant land and the request is self-imposed. The Board feels they should uphold the Fire Department's stand on this issue. Mr. Ed Herda seconded. Upon roll call vote, motion to deny was passed 3-2. Mr. O'Neil and Mr. Schneiker voting to grant the variance. Mr. James Ross's vote was not called, due to the fact there was a quorum. Appeal #14-97 Mr. Dan Schepp made a motion to grant a variance as submitted due to safety and circumvent liability with having the access in the back. Mr. Henry Schneiker seconded. Upon roll call vote, motion passed 4-1, with Mr. Herda voting nay. Mr. James Ross's vote was not called, due to the fact there was a quorum. Appeal #15-97 Mr. Ed Herda made a motion to accept the first portion #1 as submitted, hardship being pre-existng shape of the nonconforming lot. Mr. Mike Brandt seconded. Upon roil call vote, motion was denied 5-0. Mr. James Ross's vote was not called, due to the fact there was a quorum. Mr. Ed Herda made a motion to accept the appeal #2 as submitted, hardship being preexisting shape of the nonconforming lot. Mr. Mike Brandt seconded, upon roll call vote, motion was denied 5-0. Mr. James Ross's vote was not called, due to the fact there was a quorum. Appeal #16-97 Mr. Ed Herda made the motion to accept as submitted. Mr. James Ross seconded. Hardship being handicap accessibility. Upon roll call vote, motion denied. Mr. James Ross made a motion to request to have appellant return to the Board of Appeals within 60 days with appropriate information regarding F1oodPlain map. Mr. Henry Schneiker seconded, upon roll call vote, motion carried. MISCELLANEOUS BUSINESS 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, May 22, 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 APREL 24, 1997 MEETING 5. OLD BUSINESS 1. Signing of decision letter from the April 24, 1997 meeting. 2. Appeal #10-97 Ronald P. and Joanne L. Knox W 180 S6807 Muskego 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) 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, Suburban Residence District with a Lake Shore Overlay 3. Appeal # 11-97 Steven B, Brauch S69 W I6706 Martin Drive Muskego, WI 53150 REQUESTING: Under the direction of Section 3.08 (1) Appeal Provisions, Petitioner seeks two (2) variances: 1. Chapter 17--ZoningOrdinance: 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 y a CITY OF MUSKEGO May 1, 1997 Ronald P. and Joanne L. Knox W 180 S6807 Muskego Drive Muskego, WI 53150 DEPARTMENT OF CITY PLANNING Matthew G. Sadowski, AICP Director of Planning (414) 679-4136 RE: RESCHEDULED BOARD OF APPEALS MEETING Dear Mr. and Mrs. Knox, A special meeting of the Board of Appeals has been rescheduled for 7:00 PK Thursday, May 15, 1997, in the Wisconsin Room. The Wisconsin Room is located directly across from the Muskego Room, the location of the last meeting. Should the time be inconvenient or if you have decided to withdraw your appeal, please let me know no latter than May 14' and appeal cost will be refunded. Should you have any question, please contact me at 679-5674. Sincerely, Carlos Trejo Planning and Zoning Assistant W182 S8200 Racine Avenue • Box 903 • Muskego, Wisconsin 53150-0903 • Fax (414) 679-5614 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--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. 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 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--ZoningOrdinance: 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--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 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. 4�r#r**�'ttlr�r�rlF�r�r***!'!!e*#r**k�rtt**#rfr����r*irA'#r�r**tYl�lr**�r**t4#r#rtk*lrlr�r�r�r*tF*tFtk*�— DELIBERATION Appeal #9-97 Henry Schneiker made a motion to allow basements to have a ceiling height of 617" for finished or nonfinished, habitable and nonhabitable basements. Heather Schuster seconded, upon roll call vote, motion carried unanimously. Appeal #6-97 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 seconded. With no further business to meeting adjourned at 9:45 P.M. Respectfully submitted, Susan J. S oeder Recording Secretary to adjourn. Dan Schepp come before this Board, the i wrti Ui 7i 1✓•♦c fR unl G,CLVI a'vC iU _A .+ .-�— -- r MAY Via Facsunile (414, 6� 711-5614 May 7,1997 W180 S6807 Muskego Drive Muskego, WI 53150 Mr. Carlos Trejo Planning and Zoning Assistant City of Muskego W182 S8200 Racine Avenue Muskego, WI 53150-0903 RE: Rescheduled Board of Appeals Meeting Dear Mr. Trejo: Please note that I would appreciate my appeal be continued to the next regular Board of Appeals meeting scheduled for May 22,1997. Neither my wife nor I will be available on May 15,1997. if there are any problems with this request, please call me at (414) 374-4211. Sincerely, Ronald P. Knox BOA 04/24/97 Page 2 6. NEW 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--Bui1ding_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 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 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 56807 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) 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--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 30--BuildingCode: Chapter IV Design, Section .5u-- ��••yyu- Requirements. Said regulation requires the ceiling height of ll habitable rooms to have a minimum ceiling height of seven (7) feet six (6) inches. Petitioner seeks a seven (7) foot ciilingalpace in a habitable basement space. Zoned: RS-3/OLS, Resdenti Suburban District with a Lake Shore Overlay. DEFERRED. Appeal # 14-97, Ronald P. and Joanne L. Knox, W180 S6807 Muske go Drive REQUESTING: Under the direction of Section 3.08 (1) Appeal Provisions, Petitioner seeks two (2) variance: 1. Chapter 17--Zonin Ordinance: Section 5.02 (3) Building Location: Offsets. Said -regulation requires a minimum five (5) foot offset Petitioner seeks a 1.5 foot from the northern property line. feet from the northern property variance to build an addition 3.5 nin Ordinance: Section 5.03 Height. Said line. 2. Chapter 17--Zo 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--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 thA nrincipal building on the lot. 2. Chapter 30--Buildin • • Mr. Trejo stated the residence on this property has a f � szoning nt of 480 square feet not the 1600 square feet allowed by g area. Mr. Brauch is requesting a 26' by 32' garage to ;irk his handicap accessible van and place storage in. Mr. Brain does not wish to attach the garage to his home as that would regE i ct future expansion of his residence. Mr. Brauch stated h plans in the future also to divide his lot which further limits =he 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 be =ng built. Mr. O'Neil stated there would be 200 feet from the proms rty 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. Herds voting nay. Attorney Larson discussed the three statutory standards required to issue a variance: I. 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 the compliance with the zoning ordinance. 3. Protection 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 wag 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, tion carried unanimously. APPEAL #11-97 *Deferred with Appeal #10-97* CITY OF MUSKEGO BOARD OF APPEALS Application frVariance Applicants Name Ronald P. & Joanne L. Knox Subject Property Address: W180 S6897 Muskeszo Dr Musk WI 53140 Telephone: 414-679-3 5 31 Petitioner's relationship to property (circle applicable): Owner Lessee Fees: $195.00 Date Inspector denied permit: Not applicable Requesting variance to Section Other To allow: The addition of a 12' x 18' deck extension with a 12' x 12' covered gazebo covering a porlign of lhr, desk. A literal enforcement of the terms of the above referenced section would result in practical difficulty and unnecessary hardship because. - The present subdivision Qf lots around this oportion of Little Muskego Lake was done Dior to establishing the present zoning ordinance. Thgis has resulted in many non- conforming conditions for home owners with lake front property. In the past, the City f Muske=_has regggnized the DfUtiCa l dif5culties with conformi with certain ordinance conditions such aside yard setbacks. The exiling house is located with no side yard setback at the north property line and the proposed deck extension shall have ia 35k frm thi5 same side yard. Singcthc south edge of the p_r"oseddeck/gazebo addition aligns with an existing stair preventing a more southern location, the maximum ,setback obtainable is 3.5' from the north pro er y line. The variance, if granted, will not be contrary to the public interest and will be in accord with the spirit of the code because: The proposed deck/gazebo addition shall not be viewgd from the public right of way (S. Muskego Dr.) The propertY_owner_adjacent to this deck addition has expressed support f this prQj!-,ct se he letterand I n uffer hall maintained between h two properties. The variance shall be in accord with the spirit of the code sine it shall enhance the architectural character of the residence, add to the property and community values. and create a special design feature obsery�d frQtn Little MU5kg1zo Lake. Page 2 The variance, if granted, will not adversely affect public safety or jeopardize public welfare because: The r k addition has no physical Qrd vi 1 !IccQ55 jo thepublic right f way. Its len�gli of 18' renrresents approximately 15% of the total house and deck length adjacent to the north property line and shall be setback_.= 5' further than the exist- ing house Since it is not a significant structure, such as an enclosed building_ and is almost tempora , in nature as a non -habitable_ exterior covered deck,no adverse public safety or welfare issues shall o! Or. 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O CL c X od 0 E ms0 o }o O s N ~ C C 0 0 V as -V y L 1. a u m a v— V O L ea O V N V C t U V I c � � o >� > C C t9 V u n a a V N r u 1 V � V T 4 N O u 3 k I r i E T } . ...,..�....i • � - k F f I f i �t I i ! ' � _� 1yr. 1IF I I I t Matthew & Kimberly York W 180 S6793 Muskego Drive Muskego, WI 53150 (414) 679-1779 City of Muskego Board of Appeals W 182 S8200 Racine Avenue Muskego, WI 53150 Re: Ronald P. Knox -Application for Variance Dear Members, Board of Appeals: It is our understanding that Mr. & Mrs. Knox are requesting a variance to allow them to add a 12' x 18' deck extension with a 12' x 12' covered gazebo covering a portion of the deck. This extension to their existing deck will not obstruct our view of the lake nor do we have any opposition to the location of the deck relative to the side lot line which will be 3.5' from the north property line. Please feel free to contact us if necessary. We support the proposed project planned by Mr. & Mrs. Knox. S incerel G Matthew & Kimberly York PR❑P❑SED EXISTING C❑NSTRUCTI❑N C❑NSTRUCTI❑N W Q J I PROPOSED EXISTING CONSTRUCTION l CONSTRUCTION mmmnnc-cn 1 r-xyTC`TTAIf— ODAd ALLOWABLE 15' HEIGHT rn E I NC N OD 4Tr:��F - _ =Ll-1 I i-1 I !_! I I- - _ = �--7 PROPOSED EXISTING CONSTRUCTION CONSTRUCTION � to Section Scale 114 " _ S'ite H�an PROPOSED I EXISTING CONSTRUCTION /CONSTRUCTION