Zoning Board of Appeals 11-1995CITY OF
t,-,MUSKEGO
May 30, 1995
DEPARTMENT OF CITY PLANNING
Matthew G. Sadowski, Plan Director
(414) 679-4136
Mr. & Mrs. Robert Alioto and Godrey, Braun & Hayes
W194 S8464 Providence Way Bradley, J. Dagen, Esq.
Muskego, WI 53150 700 N. Water Street, Ste 700
Milwaukee, WI 53202
RE: W194 S8464 Providence Way
Dear Mr. Alioto and Mr. Dagen:
The Board of Appeals wishes to advise you that your request for a
1,134 sq. ft. variance of a second unit of a two family residence
has been approved, pursuant to Muskego Ordinance 17:6.11.
Please be advised that permits may be required from the Building
Inspection Department prior to any construction.
Sincerely,
7 V
Collette M. Klenz
cc: Chairman Pionek
W182 S8200 Racine Avenue • Box 903 • Muskego, Wisconsin 53150-0903 a Fax (414) 679-5614
CITY OF MUSKEGO
BOARD OF APPEALS
DATE May 25, 1995 APPEAL # 11-95
NAME Mr. & Mrs. Robert Alioto
ADDRESS W194 58464 Providence Way
TELEPHONE
PROPERTY LOCATION ON WHICH VARIANCE IS REQUESTED
ADDRESS W194 S8464 Providence Way
TYPE OF ZONING RS-2/OPD
1) Appealing Section 3.08 (1) Appeal Provisions, petitioner
seeks relief from Chapter 17 Section 8.07(7)C Permitted uses
by Conditional Grant. Said section allows a two family
residence such that the second residence does not exceed 800
square feet of residential floor area. The petitioner requests
a 1,134 square foot second unit.
80.00 FEE TO BE PAID AT TIME OF APPLICATION
DATE PAID 04-17-95 RECEIPT NUMBER 133550
DECISION OF THE BOARD OF APPEALS
CHAIRMAN PIONEK
APPROVED DENIED
1/
VICE-CHAIRMAN SC
MEMBER O'NEIL
MEMBER SCHEPP
MEMBER KERR
FIRST ALTERNATE HERDA
SECOND ALTERNATE BRANDT
Secretary
Date
CITY OF MUSKEGO
BOARD OF APPEALS
MINUTES OF BOARD OF APPEALS MEETING HELD ON MAY 25, 1995.
Meeting called to order at 7:08 PM.
PRESENT: Chairman Don Pionek, Vice Chairman Henry Schneiker, Mr.
Terry O'Neil, Mr. Dan Schepp, Mr. Frank Kerr, Mr. Ed Herda, Mr.
Michael Brandt, Mr. Matt Sadowski, and Mr. Carlos Trejo.
ABSENT: All present.
City Clerk, Jean Marenda, swore in all the members of the Board.
MINUTES: Mr. O'Neil made the motion to amend and adopt the
minutes from the April 27, 1995, meeting, citing corrections on
Board member names. Mr. Schneiker seconded. Upon a voice vote
the motion to adopt the amended minutes of the April 27, 1995,
meeting passed unanimously.
NEW BUSINESS
Appeal 11-95 - Mr. and Mrs. Robert Alioto and David & Goliath
Builders, Inc., W194 S8464 Providence Way Muskego, Wisconsin.
Chairman Pionek read the appeal for Mr. Robert Alioto and Attorney
Brad Dagen. Requesting relief from Chapter 17 Section 8.07(7)C
_Permitted uses by Conditional Grant. Said section allows a two
family residence such that the second residence does not exceed
800 square feet of residential floor area. The petitioner
requests a 1,134 square foot second unit. The zoning is R5--2,
Suburban Residence and OPD, Planned Development.
Vice Chairman Schneiker abstained from the deliberation of Appeal
#13-95 due to his business associations with David & Goliath
Builders, Inc.
Attorney Dagen gave the Board a chronological description of the
events that led to the appeal. The hardship cited by Attorney
Dagen was that the entire unit was originally approved as
submitted, when a kitchen unit was added to the basement level,
the Building Department objected to a pre -approved sliding glass
door at the basement level. Since the basement had already been
constructed as submitted this caused a hardship in terms of the
cost involved for removing the sliding door and replacing it with
a window. After being denied an occupancy permit, the Alioto's
agreed to follow the procedures cited by the Building Department,
which was applying for a conditional use grant or rezoning the
property. The Plan Commission approved a conditional -use -grant
for the mother-in-law unit, subject to the Alioto's be granted a
variance from the Board. Attorney Dagen also stressed that
eliminating the sliding door would further raise safety concerns.
Appeal #12-95 - James Kindler, W216 S10621 Crowbar Road, Muskego,
WI. Requesting relief from Chapter 30, Section 15(9) General
Requirements of the Wisconsin Uniform Building Code. Said Section
sets minimum construction standards for residential units.
Page 2 Board of Appeals, May 25, 1995
Petitioner requests exemptions to the portions that set minimum
insulation standards. The zoning is Agricultural.
Chairman Pionek referred to a letter submitted by Mr. Chuck
Dykstra, Director of the Building Department. The letter stressed
that on February 20, 1995, Mr. Kindler signed an agreement to in
full faith repair the home. The appellant waited 74 days before
deciding to appeal administrative decision when it was discovered
the appellant would have to make up energy losses for the home by
insulating the basement perimeter and kitchen floor.
The Board deliberated whether the appeal should be reviewed. Mr.
Schepp made a motion not to hear the appeal on the basis that this
would set precedence onto future appeals in which the prescribed
time of appealing has expired. Mr Schepp also recommended that
the appellants money be refunded. Mr. Brandt seconded. Upon a
roll call vote, Appeal #12-95 was denied unanimously.
Appeal # 13-95 - Bernie and Teri Evans, S69 W13830 Tess Corners
Drive, Muskego, WI. Chairman Pionek read the appeal to Terry
Evans and Paul Pelzek of W139 S6960 Sherwood Circle. Requesting
relief from Chapter 17, Section 8.07(7)B.1 RS-2 Suburban
Residence District Permitted Accessory Uses and Section
8.01(7)B.2 RCE Country Estate District Permitted Accessory Uses.
The petitioner's zoning district requires that on lots of at least
120,000 square feet and up to and including 400,000 feet the total
floor area of all outbuildings buildings combined does not exceed
1% of the lot area. Petitioner requests to exceed the total floor
area from 1.1% to 1.6%. The zoning is RS-2, Suburban Residence
District.
Mr. Sadowski pointed out to the Board that the appeal was a
request for a variance for 1.7% to 2.3%.
The petitioner stated that she would like to subdivide the lots
into three (3) parcels, two (2) at one (1) acre apiece and one (1)
at three (3) acres. The three (3) acre lot, however, contains a
barn, shed, and an approved second garage structure by the
Planning Commission with a square footage variance from the
Board. The second garage structure and variance were granted for
the original five (5) acre lot. The petitioner requests that the
three (3) acre lot be granted the same variance. The petitioner
is also willing take down the existing shed and not build the
proposed garage structure.
The appellant stated she has tried to sell the current lot as a
whole, but with the lot being surrounded by smaller lots, it has
been difficult to sell such a large lot for a reasonable offer.
By subdividing the lots, she could sell the smaller lots more
quickly and make the three (3) acre lot more attractive.
Appeal # 14-95 - Mike Dudash, S78 W16775 Spinnaker Drive,
Muskego, WI. Chairman Pionek read the appeal for Mike Dudash of
and Robert Kroening of S78 W16775 Spinnaker Drive and present
owner of the subject lot. Requesting relief from Chapter 17,
Page 3 Board of Appeals, May 25, 1995
Section 5.02(1) Building Location and Section 8.07(3) RS-2
Suburban Residence District, Building Location. Said sections
require a 40 foot setback for all structures. The petitioner
requests to expand a garage with a 31.0 foot setback. The zoning
is RS-2, Suburban Residence District.
Mr. Sadowski explained to the Board that when the primary unit of
the lot was approved, the City made an error when considering the
west lot line as a regular side yard offset, when in fact it was a
street setback to the proposed Parkland Drive extension. Thus,
the primary unit on the structure was permitted to be built
non -conforming.
Mr. Kroening stated that this was an imposed hardship placed on
him and any future owners in which any additions placed conforming
to the proper zoning restrictions would impact the current
configuration of the house, both structurally and aesthetically.
Mr. Dudash, the potential buyer, has made an offer to Mr.
Kroening based that the variance being granted
Appeal #15-95 - Appeal #15-95 Donald J. Ross & Kathy S.
Ross W216 58790 Crowbar Drive, Muskego, WI. Chairman Pionek
read the appeal for Mrs. Kathy S. Ross. Requesting relief from
Chapter 17, Sections 5.02(1) Building Location and 8.19(3)
Agricultural District, Building Location. Said sections
require a 30 foot offset from side and rear property line.
Petitioner requests to construct a deck with a 22.1 side yard
offset. Zoning is Agricultural.
Mr. Sadowski explained to the Board that the lot had originally
been zoned Exclusive Agricultural. The existing lot was built in
conformance to Exclusive Agricultural zoning regulations, which
permits those in an R-3, Country Home District. When the City
adopted the Comprehensive Land Use Plan in 1992, the lot was
rezoned Agricultural.
Mrs. Ross stated that she would like to place a 24X26 deck behind
the house. The deck would have the same side yard offset on the
south property line that the housing unit has. The reason the
deck is being located in this area is that the rear door of the
house is in this location. The appellant believes that the City
placed an imposed hardship on the owners when they rezoned the
property.
Chairman Pionek closed the session for deliberation at 9:15 PM.
*******************toff*tt#ffffoff********************************
DELIBERATION OF APPEALS
APPEAL #11-95 - Mr. and Mrs. Alioto, W194 58464 Providence Way,
Muskego, WI. Vice Chairman Schneiker abstained from the
deliberation and voting of Appeal #13-95 due to his business
associations with David & Goliath Builders, Inc.
The Board discussed the total square footage of the basement
floor. Discussion ensued if whether granting the variance would
Page 4 Board of Appeals, May 25, 1995
permit the appellant to receive their occupancy permit or would
any other issues be brought back to the Board.
Mr. O'Neil made a motion to approve the appeal as submitted. The
hardship cited was that the current difficulty to securing an
occupancy permit is due to the square footage problem. This
square footage was approved by the Building Department when it was
originally submitted. Now that the square footage problem is a
pre-existing condition, assuming no other discrepancies, the
granting of the variance is not contrary to the public's interest
and is consistent with the spirit of the zoning ordinance. Mr.
Brandt seconded. Upon a roll call, Appeal #11-95 passed five (5)
to one (1), with Mr. Schepp voting nay.
APPEAL #12-95 - James Kindler, W216 S10621 Crowbar Road, Muskego,
WI. The Board denied hearing Appeal #12-95 during deliberations.
APPEAL #13-95 - Bernie and Terri Evans, S69 W13830 Tess Corners
Drive, Muskego, WI. The Board deliberated over what type of
hardship could be granted to ensure the preservation of the
existing barn structure if the parcel was subdivided. Mr.
Schneiker made a motion to approve the variance as submitted under
the condition that the only outbuilding permitted is the existing
barn structure at 2,337 square feet. The hardship cited was the
unique historical appeal of the barn structure being an asset to
the City and would be a severe loss to the City if it was torn
down. Mr. Kerr seconded. Upon a voice vote, the motion was
defeated unanimously.
Since the appellant had not secured subdivision of the parcel, the
Board believed granting a percentage variance for a fictional lot
would be inappropriate. Mr. O'Neil made a motion to defer the
appeal until reviewed by the Planning Commission and that the fee
be waived for the second appeal or refunded if the appellant
wished not to return. Mr. Schepp seconded. Upon a roll call
vote, the motion to defer Appeal #13-95 passed unanimously.
APPEAL #14-95 - Mike Dudash, S78 W16775 Spinnaker Drive, Muskego,
WI. Chairman Pionek reminded the Board that the current location
of the lot was an error in the City's part. Discussion ensued
over how this hardship would be continuously transferred to any
future owners. Mr. O'Neil made a motion to approve the appeal as
submitted. The hardship cited was the pre-existing non -conforming
status of the lot through the City's error. Mr. O'Neil further
stated that the granting of this variance would not be contrary to
the public's interest, would be within the character of the area,
and would not effect the public's safety or welfare. Mr.
Schneicker seconded. Upon a roll call vote, Appeal #14-95 passed
unanimously.
APPEAL #15-95 - Donald and Kathy Ross, W216 58790 Crowbar Drive,
Muskego, WI. Mr. Schepp made a motion to approve the appeal as
submitted. The hardship cited was the imposed rezoning making the
lot non -conforming. Mr. Schepp further stated that the granting
of this variance would not be contrary to the public's interest,
Page S Board of Appeals, May 25, 1995
would be within the character of the area, and would not effect
the public's safety or welfare. Mr. Kerr seconded. Upon a roll
call vote, Appeal #15-95 passed unanimously.
MISCELANEOUS BUSINESS
Discussion ensued over Appeal #9-95, Robert Sindic, S74 W17522
Lake Drive, Muskego, WI. Mr. Sadowski told the Board that he has
had discussions with the appellant but no survey has been
submitted to date.
Chairman Pionek updated the Board over the proposed session for
area Board of Appeals members. The session was cancelled, but a
separate session will be done for the Board. No date has been set
yet.
Chairman Pionek explained to the new Board members the recent
court ruling concerning the Planning Commission and Board of
Appeals.
Mr. Schneiker made a motion to adjourn, Mr. Kerr seconded. Upon a
voice vote, the motion to adjourn passes unanimously. With no
further business to come before the Board, the meeting was
adjourned at 10:53 PM.
Respectfully submitted,
Carlos Trejo
Recording Secretary
i-rrrk
�fMGdO-i.ronnr, k. 1.
r"
x
00
q
O
�tu�tn
?�NOC
�0
!z2ZM
n(AM..
n � rn
y�rn
Z
u v
4
z
0
C)
O
c
Vl (A Ln
m O
n
rri
ava m-oat�Z*]U�b
am
.i to p
ul O E rr1 N
o w r in
rq
>04AcCD
� MP OO
j
O Z m
� C 1Z,
m Z��
oy� z
Zt>
oM cn
z-- w
M �, o
p c,+�-�
1'.. v
O J m N
O
w �o
U
�o
r-O FT0Z,Or
sCi1'f��CO
n M
go ono
�z
Oi�Z�Z�7C
Z d
:EoM0 C.
z��n
n
G �
\ 1<OZ
\ ��2 C
M
1
t Tl
M
r-
0
Qm
-- --�-. -
5�ffF' irG
eV� I � r ��Vlll �a:s98.•6!! I , I .0. � 9o=gyp,!
46010-
5�� V i i ToN nrarc i � � •, �,: I. � �•
V � f ': F/a.nn,ti..-t z.c�c•.�, � � ���j
4 KCd
c ( a-ae•..••, �, .� � �
1`
�•
a►V E �i��vro r 0 p !
I Ftb ' R/QEA
Ll
f
4 Q J
t,i• V t• S i I 11// t pC- fc?r b[FC
i
�� � i ..! :• ry`�
�'k-•--
Gxo,.r
' �•.. //y,:R� .¢`..�.["�G ,�iifc Coow r @ -4 7. 'O p CL. ~
r i W�, � f UiO�Q O!'i Cv•� 2 In � �0� � _ /{�' ilic GAL ^�OLE 1�:N
P rG flz 7
`� e I r iC
F�f s _ P I/5_
I4 w- M rJ0 ' M ; La-O�i. � r TOf /�JL 4•�ALir � 2b � �h f:J•: i G,04. w/ � �.
+ w �
l I 1 •l 3 4
O- O' i � b � �... I s //
1 `Z 41 I 1� _ 4 -
I � f ?" 1 Ip-= a •� � .h, _,.6 , p,, /.« � s - �'� q 3��_�� . 7:•, _-�_ �..._—moo :_d
'� � O/4k : i •. .. .. -• •� ° �: - P ,yam:; v✓.•.O.w!}r
—� a.... � !�" `r u � � �•`p L ; -Q EL.. �g fir/ry
Le$ o
' iJ�•R 7 I NI.;ti4 I _ r '
]` ��` ! f�s 1,�3• J � i %bP !�tlr Ii R:.K,JLl1
� �..• V ; • _ r.� _.S. �j. :. C� ,-.._—.' S r I ! 4 � M= L G J 11, .�Di �• f 0.
E
EXHIBIT I }�rc0.• T-
ur1:c:svA7� I
P>F.GfLg7rhil Qe ( ice=o�n'�'S t' o1r�tN(, Y ; rrruati� j
Yi iars- o era, V Ifif r, y�
1r—, ti j 101. ray C 1 F
,
A
1" t•Z'-O" $"+'' ~'-,� [OI•Jj�; 5" n" \ �,¢r_p' •! c� Irl'-0
--Y- /Og-'2" = 0 1 s
4L
m 4 t:
Q
7 fi IZr�Oa �r// �yr-9r 2: -� Id-(i" -- cJ` z•�-!o` .4- 3_�" - I�4.. I I'I'- 5
�- s I 4 •rift, u,sr. • d` i
0 .✓••-,♦ I Y � r--. ai be � ......
i,�c• ui Fc•trk. � h
-7P— y/NYL 4C
I 4iw V'f qs pepw
cN t+1.
40
I/� O,� v-r6rw.. C7Cif,atG �O
.. - _ ON Z1'C,.. .-_ .� -T GED.9�= �aOX•Ovr I _
t
qU �
j ga rs e r�l� i 'PAC-
1
'
�
^
�
�
»
�
�
|�
| ^*
!�
|
/
------
��p --- -1
(
�w�Sr) F��-� �t�,��hb�
DLA I L-V% C_
71
7m.r
e-'r- ------ -
GL
SIZ4 1.
—77
go
'70;Ljr ii
jr eT' I'
14.
ffiIBIT C
Page 2
4
Gawf L� ,o-- 17' .
,Q �y
�f l / D r
00
EXHIBIT