Zoning Board of Appeals 11-1996CITY OF
--MUSKEG
r �
April 26, 1996
Mr. Dale Karpinski
W183 S6581 Jewel Crest Drive
Muskego, WI 53150
Dear Mr. Karpinski:
DEPARTMENT OF CITY PLANNING
Matthew G. Sadowski, Plan Director
(414) 679-4136
The Board of Appeals wishes to advise you that your appeals from
Chapter 17, Section 4.06(2) A.1. Legal Nonconformity: Nonconforming
Structures, has been granted.
Your appeal from Chapter 17, Section 5.02(3) A. Building Location:
Offsets, has been granted.
Please be advised that a building permit is required prior to
commencing building on your property.
Sincerely,
Susan J. Schroeder
Recording Secretary
W182 S8200 Racine Avenue 9 Box 903 • Muskego, Wisconsin 53150-0903 0 Fax (414) 679-5614
CITY OF MUSKEGO
BOARD OF APPEALS
MINUTES OF BOARD OF APPEALS MEETING HELD ON APRIL 25, 1996.
PRESENT: Chairman O'Neil, Dan Schepp, Henry Schneiker, Mike
Brandt, and Ed Herda.
MINUTES: Mr. Schepp made a motion to adopt the minutes of March
28, 1996, meeting as corrected. Mr. Schneiker seconded. Upon
voice vote, the minutes of March 28, 1996, meeting passed
unanimously.
NEW BUSINESS:Appeal # 10-96 Carl Bergmann, W177 S6975 Wildwood
Drive, Muskego. REQUESTING: Under the direction of Section
3.08(1) Appeal Provisions, Petitioner seeks one (1) variance: 1)
Chapter 17--Zoning Ordinance: Section 4.05 (2) C.4 Accessory Uses
and Structures: Permanent Structures, Garages. Said regulation
limits the size of a detached private garage to 60% of the floor
area of the primary building. Petitioner seeks a 221 square foot
variance to construct a 648 square foot accessory structure (91%
of primary floor area).
Mr. Schepp administered an oath to Carl Bergmann and Mr. Jack
Bahr, his builder.
Mr. Trejo described the RS3-OED zoning and the variance
requested. Mr. Trejo stated that RS3-OED zoning takes into
consideration the lot's nonconformity, but neglects to take into
account the size of existing structures in existing developments.
This, in effect, limits the permitted size for accessory
structures, since most of the primary dwelling units do not meet
the minimum required building size.
Mr. Bergmann stated he intends to remove the existing shed. He
explained the access would be from Wildwood. The garage would be
located 8'7" from his home and will contain a firewall. It is not
feasible to locate the garage on the side lot because of the
mature trees in the area.
Appeal # 11-96 Dale Karpinski W183 S6581 Jewel Crest Drive
REQUESTING: Under the direction of section 3.08 (1) Appeal
Provisions, Petitioner seeks two (2) variance: 1) Chapter
17--Zoning Ordinance: Section 4.06 (2) A.1 Legal Nonconformity:
Nonconforming Structures. Said regulation restricts the expansion
or enlargement of a structure, except within conformity of said
district. Petitioner seeks to expand the existing legal
nonconforming home with an additional 560 square feet.
2) Chapter 17--Zoning Ordinance: Sections 5.02 (3) A Building
Location: Offsets. Said regulation requires a 7.5 foot offset on
the western property line. Petitioner seeks a 2.5 foot variance
to permit an addition with a 5 foot offset to an existing legal
nonconforming home.
Mr. Schepp administered an oath to Mr. Karpinksi and his builder,
Steve Beres.
BOA 04/25/96
Page 2
Mr. Trejo described the RS3/OED zoning. In this case two lots are
under the same ownership. When the dwelling unit was built on the
western lot, the structure meet the required offsets for the
single lot and was considered conforming. When the existing
garage was built, it was built over the joining property line with
the lot to the east. This eliminated the use of discounts on the
offsets and made the primary dwelling unit legally nonconforming
There had been a variance granted previously for the garage in
1986. None of the neighbors contacted the City with concerns.
Mr. Beres explained the addition cannot go to the north because of
the location of the garage and well. The home is built on a slab.
The variance would allow the house to look architecturally correct.
Appeal # 12-96 Mark Schultz, S79 W20473 Tyler Drive REQUESTING:
Under the direction of Section 3.08 (1) Appeal Provisions,
Petitioner seeks one (1) variance: 1) Chapter 17--Zonis
Ordinance: Section 5.03 (1) Height: Maximum Height Restricted.
Said section restricts the maximum height of any residential
structure to 30 feet. Petitioner seeks a 4.2 foot height variance
to permit a residential structure with a maximum height of 34.2
feet.
Mr. Schepp administered an oath to Mr. Robert Schultz (the father)
and Mr. Tim Sidel, the builder.
Mr. Trejo explained the City received a letter from Ms. Carol
Yeager, the Architectural Control Board for Kimberly Estates
withdrawing her Architectural Approval for this home. Mr. Trejo
explained he received two telephone calls in regards to the appeal
that opposed the height request and one that was not concerned.
Mr. Sidel, the petitioner's architect, explained the bedroom
layouts are based on the excess ceiling heights and the
proportions of the home and the structural integrity of the home
are also based on the excess pitch. Changes to the height would
effect the costs and looks of the structure.
Mr. Schepp administered an oath to Mr. Wayne Salentine and Mr. Jim
Ellis, neighbors in the subdivision. They did not oppose the
variance, however, both commented that their intention is to build
ranch style homes.
Mr. Schepp administered an oath to Mr. James Szalacinski on
Monterey Drive, he was not concerned.
Appeal # 13-96 Mark R. Pfuehler, S75 W13901 Bluhm Court
REQUESTING: Under the direction of Section 3.08 (1) Appeal
Provisions, Petitioner seeks one (1) variance: 1) Chapter
17--Zoning Ordinance: Sections 5.02 (3) A Building Location:
Offsets. Said regulation requires a 15 foot offset on the eastern
property line. Petitioner seeks a 3 foot variance to permit a
deck with a 12 foot offset.
Mr. Schepp administered an oath to Mr. Pfuehler. Mr. Pfuehler
stated he has had many builders look at his home to design a deck
BOA 04/25/96
Page 3
with the limited shape of the lot. He has received Architectural
Approval from the Subdivision Control Board. Mr. Pfuehler stated
his hardship is the location of the house on his lot and the pie
shape configuration of the lot.
DELIBERATION OF APPEALS
Appeal #10-96 Mr. Herda made a motion to grant the variance as
requested. Hardship being the size of the pre-existing
noncomforming house, the lack of storage, and that the request
would not be harmful or jeopardize public safety or welfare. Mr.
Schneiker seconded. Upon roll call vote, the motion to grant the
variance was approved unanimously.
Appeal #11-96 Mr. Schneiker made a motion to grant the variance
as requested. Hardship being location of the existing structure,
the location of the well and the topography. Mr. Brandt
seconded. Upon roll call vote, the motion to grant the variance
was approved unanimously.
Appeal #12-96 The Board of Appeals feels the Plan Commission
should review the height ordinance due to the fact two variance
have appeared before this Board within two months. Mr. Schepp
made a motion to deny the variance due to lack of hardship, the
Architectural Approval being withdrawn and the impact it would
have on the surrounding area. Mr. Herda seconded. Upon roll call
vote, motion to deny was approved. Mr. O'Neil voting against the
motion.
Appeal #13-96 Mr. Brandt made a motion to defer this item until
Mr. Pfuehler is able to review his options with Planning Staff and
amend his request. Mr. Schepp seconded, upon roll call vote,
motion to defer was approved unanimously.
ADJOURN
Mr. Herda made a motion to adjourn, Mr. Brandt seconded. With no
further business to come before this board, meeting adjourned at
9:45 P.M.
Respectfully submitted,
Susan J. chroeder Recording Secretary
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 7:00 P.M., Thursday, April 25,
1996, to consider the following petitions for appeals to the
Zoning Ordinance of the City of Muskego:
Appeal # 10-96
Carl Bergmann
W177 S6975 Wildwood Drive
Muskego, WI 53150
REQUESTING: Under the direction of Section 3.08 (1)
Appeal Provisions, Petitioner seeks one (1) variance:
1) Chapter 17--Zoning Ordinance: Section 4.05 (2) C.4
Accessory Uses and Structures: Permanent Structures,
Garages. Said regulation limits the size of a detached
private garage to 60% of the floor area of the primary
building. Petitioner seeks a 221 square foot variance
to construct a 648 square foot accessory structure (91%
of primary floor area).
Appeal # 11-96
Dale Karpinski
W183 S6581 Jewel Crest Drive
Muskego, WI 53150
REQUESTING: Under the direction of Section 3.08 (1)
Appeal Provisions, Petitioner seeks two (2) variance:
1) Chapter 17--ZoningOrdinance: Section 4.06 (2) A.1
Legal Nonconformity: Nonconforming Structures. Said
regulation restricts the expansion or enlargement of a
structure, except within conformity of said district.
Petitioner seeks to expand the existing legal
nonconforming home with an additional 560 square feet.
2) Chapter 17--Zoning Ordinance: Sections 5.02 (3) A
Building Location: Offsets. Said regulation requires a
7.5 foot offset on the western property line.
Petitioner seeks a 2.5 foot variance to permit an
addition with a 5 foot offset to an existing legal
nonconforming home.
Appeal # 12-96
Mark Schultz
S79 W20473 Tyler Drive
Muskego, WI 53150
REQUESTING: Under the direction of Section 3.08 (1)
Appeal Provisions, Petitioner seeks one (1) variance:
BOA 04/25/96
Page 2
1) Chapter 17--Zoning Ordinance: Section 5.03 (1)
Height: Maximum Height Restricted. Said section
restricts the maximum height of any residential
structure to 30 feet. Petitioner seeks a 4.2 foot
height variance to permit a residential structure with a
maximum height of 34.2 feet.
Appeal # 13-96
Mark R. Pfuehler
S75 W13901 Bluhm Court
Muskego, WI 53150
REQUESTING: Under the direction of Section 3.08 (1)
Appeal Provisions, Petitioner seeks one (1) variance:
1) Chapter 17--Zoning Ordinance: Sections 5.02 (3) A
Building Location: Offsets. Said regulation requires a
15 foot offset on the eastern property line. Petitioner
seeks a 3 foot variance to permit a deck with a 12 foot
offset.
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
Clerk's office. All interested parties will be given an
opportunity to be heard.
Board of Appeals
City of Muskego
Donald Pionek, Chairman
Dated this 17th day of April, 1996
PLEASE NOTE: It is possible that members of and possibly a quorum of members of other governmental
bodies of the municipality may be in attendance at the above -stated meeting other than the
governmental body specifically referred to above in this notice.
Also, upon reasonable notice, efforts will be made to accommodate the needs of disabled individuals
through appropriate aids and services. For additional information or to request this service,
contact Jean K. Marenda, City Clerk, at Muskego City Hall, 679-5625.
Also, Board of Appeals members may conduct site visits for informational purposes.
CITY OF MUsxg?;o
BOARD OF Apr AI.s
A ifCdt: _ t"r -3r.ance
John Beres Builders, Inc.
Subject FLoF=:cr.r :. W183 S6581 Jewel Crest Drive
Telej t,^ne 786-5003
MSKC 2174 165
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CITY OF MUSKEGO
BOARD OF APPEALS
DATE April 25, 1996 APPEAL # "-96
NAME Dale Karpinski
ADDRESS W183 S6581 Jewel Crest Drive
Muskeg,WI 53150
TELEPHONE 786-5003
PROPERTY LOCATION ON WHICH VARIANCE IS REQUESTED
ADDRESS W183 S6581 Jewel Crest Drive
TYPE OF ZONING RS-3/OED
REQUESTING: Under the direction of Section 3.08 (1) Appeal
Provisions, Petitioner seeks two (2) variance:
1) Chapter 17--Zoning Ordinance: Section 4.06 (2) A.1 Legal
Nonconformity: Nonconforming Structures. Said regulation
restricts the expansion or enlargement of a structure,
except within conformity of said district. Petitioner seeks
to expand the existing legal nonconforming home with an
additional 560 square feet.
2) Chapter 17--Zoning Ordinance: Sections 5.02 (3) A
Building Location: Offsets. Said regulation requires a 7.5
foot offset on the western property line. Petitioner seeks
a 2.5 foot variance to permit an addition with a 5 foot
offset to an existing legal nonconforming home.
DECISION OF THE BOARD OF APPEALS
APPROVED DENIED
CHAIRMAN O'NEIL
VICE-CHAIRMAN SCHEP1P
MEMBER SCHNEIKER 1
MEMBER HERDA
MEMBER BRANDY
FIRST ALTERNATE
SECOND ALTERNATE
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