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ZBA-Minutes 11-1991May 23, 1991 Mr. Walter Pulczinski S66 W18542 Jewel Crest Drive Muskego, WI 53150 Dear Sir: This to inform you that your request in Appeal #11-91 has been granted by the Board of Appeals at its meeting on May 23, 1991 for a 25' setback variance from the center line of Crest Drive, a 386 sq. ft. size variance to construct a second garage structure conditioned that the three (3) sheds are torn down 6 months after completion of the garage. NOTE: You must still pay the Board of Appeals fee of $35.00. A building permit is required. Sincerely, Cheryl Schmidt Recording Secretary /cds cc: Chairman Gerald Fohr CITY OF MUSKEGO BOARD OF APPEALS MINUTES OF BOARD OF APPEALS MEETING ON MAY 23, 1991. Chairman Gerald Fohr called the meeting to order at 7:30 P.M. PRESENT: Chairman Fohr, Vice -Chairman O'Neil, Thomas Berken, Lloyd Erno, Bonnie Posbrig and Director Kovacs. ABSENT: Darryl Rowinski and Donald Pionek. MINUTES: Mr. Berken made a motion to approve the Minutes of the April 25, 1991 meeting and Mrs. Posbrig seconded. Chairman Fohr requested his name be inserted as Chairman in Appeal 5-91 on the first page. Upon a voice the motion to adopt the minutes passed unanimously. APPEAL 10-91--Vivain Bernhardt, W192 S7142 Hillside Drive, Muskego, Wisconsin Chairman Fohr read the appeal for Mrs. Bernhardt who requested a 44' setback variance from Hillview Drive to construct a 24' x 24' garage. Zoning: RS-3/OED. Mr. Kovacs said the code requires a 70' setback from Hillview and the garage will be 26' from the center line of the road. Mrs. Bernhardt said she would like to enhance the property by constructing the garage in this location. Chairman Fohr asked if there was anyone in the audience who wished to discuss this appeal? No one was present. There was some discussion about shifting the building toward Hillside making it 40' from the center line of the road and 14' from the home. The members felt the Building Inspection Department would check the location of the garage when she obtains a building permit to construct the garage. They reminded Mrs. Bernhardt that if the appeal is granted, she must remove the two sheds within 6 months upon completion of the garage. Chairman Fohr said if you have nothing further to add, the Board of Appeals understands what you want to do. She may call the Building Inspection Office in the morning to obtain the Board's decision or wait for it to be mailed to her within five (5) working days. APPEAL #11-91-WALTER PULCZINSKI, S66 W18542 Jewel Crest Drive, Muskego, Wisconsin Chairman Fohr read the appeal requesting a 34' setback variance from the center line of Crest Drive, 386 sq. ft. size variance to construct a second garage structure. ZONING: RS-3/OED Mr. Kovacs said the code requirement is to construct the garage 70' from the center line of the roadway and the size variance is for a detached garage. He wishes to construct the garage 36' from the center line of the road. He has another 20' x 14 1/2' garage on the property and is allowed 720 sq. ft. maximum which is the reason for the 386 sq. ft. size variance. Gene mentioned the three additional storage sheds would have to be removed by the applicant. Mr. Pulczinski said he wished to be closer to the road and have less driveway from Crest Drive; he wants to have the Pg. 2, Bd. of Appeals, 5/23/91 garage away from the middle of the yard. He'll store boats, cars, and an R V. There was some discussion about the driveway being so close to the road. Mr. Pulczinski said he would like to be 30' off the center line of Crest Drive to the corner of the garage. Chairman Fohr asked if Crest Drive will be widened? Gene said the Dept. of Public Works hasn't told his office it will be --it is a dedicated 50' wide roadway. Chairman Fohr asked if there was anyone present in the audience who wished to speak? No one was present. The applicant presented a petition from more than half of the residents in his area stating they weren't opposed to these variances. Chairman Fohr asked Mr. Pulczinski if he was agreeable to moving the garage another 8'-10' from the lot on Crest Drive? A 25' setback variance from the center line of Crest Drive would accommodate the parking of vehicles, etc. Mr. Pulczinski said they would construct the garage back further and that Crest Drive runs at an angle which would make it easier to be further off the street. Plus, the sheds would have to be removed. Chairman Fohr said if there were no other comments, the Board would try to render a decision and he could call the Building Inspection Office in the morning for their decision or it will be mailed to him within five (5) working days. APPEAL 12-91--ROBERT PRAH, W188 57688 Oak Grove Drive, Muskego, Wisconsin Chairman Fohr read the appeal requesting a 3' offset variance for detached storage shed and 3' offset and 4' 4" rear variance to construct a sunroom addition. ZONING: RS-3/OED Mr. Kovacs said because it is a lake lot he must be 50' back for the proposed sunroom and he is just off on one corner. Chairman Fohr asked Mr. Prah to state his request. He said he is interested in constructing the sunroom and detached shed to square off his home. Mr. Kovacs said the variance should be amended to read 1' offset variance for detached storage shed and 2' offset to construct sunroom addition --the rear variance remains the same. Chairman Fohr asked if anyone was present in the audience who wished to speak? No one was. The Recording Sec'y. said she had notified 12 residents. Chairman Fohr told Mr. Prah the Board will try to arrive at a decision and he may call the Building Inspection Office in the morning to obtain their decision or wait for it to be mailed to him within five (5) working days. APPEAL 13-91--OMNI DESIGN, W179 S6920 Muskego Drive, Muskego, Wisconsin Chairman Fohr read the appeal requesting a 12' setback variance from the center line of Muskego Drive, a 1 1/2' offset variance and a 3' separation variance from the detached garage. ZONING: RS-3/OED. Mr. Kovacs said the setback requirement normally is 70' and the ordinance says the homes nearby can be averaged in to apply to new construction. Marty of Omni Design said this is an unusual lot because the roadway snakes through. Mr. Kovacs said there are no plans to straighten the road. It was noted that the a firewall must be provided when the garage is constructed since it will be 10' from the house. When the permit is obtained, the Building Inspector's office will look at the plans. Chairman Fohr Pg. 3, Bd. of Appeals 5/23/91 said if there are no other statements, the Board will try to come up with an answer on this appeal and he may call the Building Inspection Office in the morning or a decision will be mailed to him within five (5) working days. The Board decided to remain in Open Session (8:30 P.M.) APPEAL 10-91--Vivian Bernhardt, W192 57142 Hillside Dr. There was some discussion concerning the request. Mr. O'Neil made a motion to grant the 44' setback variance from Hillview Dr. to construct a 24' x 24' garage conditioned that she remove two sheds 6 months after completion of the garage. The hardship being the topography of the site. Mr. Erno seconded. Upon a roll call vote the motion to grant the variance passed unanimously. APPEAL 11-91--Walter Pulczinski, S66 W18542 Jewel Crest Dr. Several Board members felt there should be a healthy setback from the street. Chairman Fohr noted that Mr. Pulczinski had been at the Plan Commission and they felt the Board of Appeals needs to review this request first before they vote on the architectural control portion. Chairman Fohr made a motion to grant a 25' setback variance from the center line of Crest Drive and grant the size variance as requested conditioned that the three sheds are torn down 6 months after completion of the garage. The hardship being the configuration of the lot and the width of the lot. Mrs. Posbrig seconded. Mr. O'Neil said the appellant would be 15' from his lot line and 51' between the back of the garage and the back of the home. Upon a roll call vote the motion to grant the variance passed unanimously. There was some discussion about follow-up on Board of Appeals conditions. The Irish Spring House had a requirement to pave part of their parking lot. The Recording Sec'y. said she had requested follow-up by the inspectors and would again check and the Building Inspection Office would have a report for the Board's next meeting concerning the status. APPEAL 12-91--Robert Prah, W188 57688 Oak Grove Drive. Chairman Fohr commented that it would improve the look of the property. It was noted the request be amended to 1' offset variance for detached storage shed and 2' offset for sunroom. Mr. O'Neil made a motion to grant the 1' offset variance for the detached storage shed and 2' offset variance for the sunroom addition (as amended) and the 4' 4" rear variance, as requested to construct the sunroom addition. The hardship being the pre-existing location of the structure and the limited size of the lot. Mr. Berken seconded. Upon a roll call vote the motion to adopt passed unanimously. APPEAL 13-91--Omni Design, W179 S6920 Muskego Drive. Chairman Fohr commented that it would be a nice improvement, as the existing home is crowded and non -conforming. Mr. Erno made a motion to grant the variance as requested for a 12' setback variance from the center line of Muskego Drive, a 1 1/2' offset Pg. 4, Board of Appeals, 5/23/91 variance and a 3' separation variance from the detached garage. The hardship being the size of the lot with the location of home on the property. Mr. O'Neil seconded. Upon a roll call vote the motion to adopt passed unanimously. Discussion: BOA Fees --Gene Kovacs said Big Bend's Board of Appeals fees are $125 and Muskego's is one of the lowest in the metropolitan area. The Board felt it was an administrative process to increase the fees to cover costs and maybe the appeal fees could vary. Sheds, garages, house additions, etc. would have different fees. Certified Survey Maps --Gene said some communities require a re -survey when they make appeals. Some members felt it could be a hardship and perhaps the type of request would dictate the need for a survey. Gene said you may be granting a variance on inaccurate information and by requiring a survey -- maybe 1-2 years old, you would avoid these problems. Chuck Dykstra, Director of Building Inspection was in the audience and said in new home construction, a new survey is required and re -certification of footings on the survey. Chairman Fohr said he would prefer to work off certified survey maps only. Yet, consideration has to be made for requiring certified survey maps for requests for just sheds. Mr. Berken made a motion to adjourn at 9:30 P.M. and Mrs. Posbrig seconded. Upon a voice vote the motion to adjourn passed unanimously. Respectfully submitted, Cheryl Schmidt Recording Secretary /cds IN 9), lk, i Zf- /t/ I 6L� cp�est JAr, PIPAP CO i4t 0 mim