Zoning Board of Appeals 11-1999CITY OF
-MUSKEGO
J�C)
October 12, 1999
Mr. Robert Zielinski
W194 S9689 Racine Avenue
Muskego, WI 53150
RE: Appeal #11-99
Dear Mr. Zielinski:
DEPARTMENT OF CITY PLANNING
Brian D. Turk
Director of Planning
(262) 679-4136
Please be informed that your appeal from Chapter 17, Section 4.06(2) A.1
and Section 8.02(3) has been deliberated by the Zoning Board of Appeals.
Your appeal request a 7.85 foot front setback variance to permit construction
a second -story addition on an existing legal non -conforming residence
located 42.15 feet from the right-of-way line.
This appeal has been approved for the following reason:
Waukesha County took property when widening Racine Avenue causing
your lot to become legal non -conforming.
Please be advised building and zoning permits are required prior to
commencement of construction on your property.
Please contact Dustin Wolff, Assistant Plan Director, in the Planning
Department at 679-4136, with any questions regarding this issue.
Sincerely, C
Susan J. Schroeder
Recording Secretary
C: Mayor DeAngelis
W182 S8200 Racine Avenue • Box 749 • Muskego, Wisconsin 53150-0749 • Fax (262) 679-5614
Appeal #11-99
Petitioner: Robert Zielinski
Residence: W 194 S9689 Racine Avenue
Muskego, WI 53150
Location of Appeal: Same
1. Chapter 17—Zoning Ordinance: Section 4.06(2)A.1.Nonconforming Structure: No structure shall be
expanded or enlarged except in conformity with the regulations of the district in which it is located.
2. Chapter 17—Zoning Ordinance: Section 8A2(3) Building Location: Minimum Setback (in feet) 50.
Petitioner requires a 7.85 foot front setback variance to permit construction a second -story addition on an
existing legal non -conforming residence located 42.15 feet from the right-of-way line. The Ordinance requires
a 50 foot front setback.
DECISION OF THE BOARD OF APPEALS
as
Approved
Chairman Schepp
R
L�� �, Approved
��
Vice Chairman Sch&iker
Approved
Member Conley
Approved
Member O'Neil !
Approved
Member Brandt
ABSENT
Member Wiken (1st Alt.)
vacant
Member (2nd Alt.)
BOARD OF APPEALS APPROVED MINUTES
CITY OF MUSKEGO SEPTEMBER 30, 1999
Meeting was called to order at 7:05 P.M.
PRESENT: Chairman Schepp, Vice Chairman Henry Schneiker, Michael Brandt, Chris Wiken,
David Conley and Terry O'Neil.
STATEMENT OF PUBLIC NOTICE: Secretary reported notice was give on September 23, 1999,
in accordance with the Open Meeting Laws.
APPROVAL OF MINUTES OF THE AUGUST 26, 1999 MEETING. Mike Brandt made a
motion to approve the minutes as presented. Tent' O'Neil seconded. Upon voice vote, motion
carried. (6-0)
OLD BUSINESS: Signing of decision letters for the August 26, 1999 meeting.
NEW BUSINESS: Appeal #11-99 Petitioner: Robert Zielinski, Residence: W 194 S9689 Racine
Avenue Tax Key No. 2273.997.002 REQUESTING: Under the direction of Chapter 17 Zoning
Ordinance: Section 17:3.08(1) Appeal Provisions, Petitioner seeks the following variances: Chapter
17—Zoning Ordinance: Section 4.06(2)A.1.Nonconforming Structure: No structure shall be expanded
or enlarged except in conformity with the regulations of the district in which it is located. Chapter
17—Zonina Ordinance: Section 8.02(3) Building Location: Minimum Setback (in feet) 50. Petitioner
requires a 7.85 foot front setback variance to permit construction a second -story addition on an existing
legal non -conforming residence located 42.15 feet from the right-of-way line. The Ordinance requires
a 50 foot front setback. Zoned: R-1, Country Home District.
Henry Schneiker administered an oath to William Cesar, son-in-law to Robert Zielinski, also a resident
of this house. Mr. Cesar stated this is a 830 square foot home that they wish to add a second story.
When originally built in 1950's they had an 80-100 foot setback. Since Waukesha County has widen
the road, they have become legal non -conforming.
Mr. Wolff agreed with the petitioner. When additional right-of-way was taken by County for Racine
Avenue, the property in question became legal non -conforming. Mr. Wolff stated that there should
have been a variance granted at that time to leave the property "whole", or conforming, in the eyes of
the City. This property will eventually have sewer and will be rezoned at that time. All properties with
sewer have a setback requirement of 40', which this property will conform with. Staff feels they have
met the hardship requirements as a result of the eminent domain.
Appeal #12-99 Petitioner: Marc O'Hair, Residence: W 197 S6730 Muskego Drive,Muskego Tax
Key No. 2174.876 REQUESTING: Under the direction of Chapter 17 Zoning Ordinance: Section
17:3.08(1) Appeal Provisions, Petitioner seeks the following variances: 1. Chapter 17—Zoning
Ordinance: Section 4.05(2)C.6. No detached private garage shall be erected, structurally altered or
relocated so that any roofed or enclosed portion thereof is closer than 10 feet to the principal building
on the lot. 2. Chapter 17—Zoning Ordinance: Section 5.02(3)A. No building shall hereafter be
erected, structurally altered, or relocated so that it is closer to any lot line than the offset distance
hereinafter specified by the regulations for the district in which it is located. Petitioner seeks a 4.17
foot side offset variance to construct a detached garage. The Ordinance requires an 11.25 foot side
offset. In addition, petitioner seeks a 5 foot variance to construct the detached garage 5' from the
existing attached garage. Zoned: RS-2/OED, Suburban Residence District as modified by the Existing
Development Overlay.
Henry Schneiker administered an oath to Marc O'Hair. Mr. O'Hair explained he would like to fully
utilize his land and add a 22' x 28' garage on the north side of property 7' off the north property line.
Mr. O'Hair feels this is not an unusual request and the neighbor's have signed a statement giving their
approval for this request. Mr. O'Hair also feels this new garage would enhance the property and
reduce crime by having items inside a garage.
Mr. Schneiker questioned the size of the existing garage. Mr. O'Hair stated it only affords room for
one vehicle because the fireplace chase sticks out into the garage and the garage only has a 16' door..
Mr. O'Neil questioned why not add on to existing garage. Mr. O'Hair stated that was discussed,
however, it would be an additional $5,000 - $7,000 for an attached addition to that garage and he does
not feel he would be able to ever recover that money.
Mr. Wolff stated that the property is legal conforming in all regards. Economics alone does not merit
hardship, and there is no other hardship affecting the property. The setback requirement is more of an
inconvenience to the petitioner's proposal. Other possible locations exist for a detached garage on the
property without requiring a variance, but aren't popular alternatives as they reduce the amount of
usable yard. Mr. O'Hair could have a 22' x 28' attached garage without the need a variance.
DELIBERATIONS
APPEAL 99-11 Henry Schneiker made a motion to approve the variance as submitted. Hardship
being the County took eminent domain, causing this property to become legal non -conforming. David
Conley seconded. Upon roll call vote, motion carried 6-0.
APPEAL. 99-12 Terry O'Neil made a motion to approve the request as submitted. Mike Brandt
seconded. Upon roll call vote, motion was denied 6-0, for lack of hardship, monetary concern is not
considered a hardship.
ADJOURN: With no further business to come before this board. Terry O'Neil made a motion to
adjourn at 8:20 P.M. David Conley seconded.
Respectfully submitted,
Susan J. Schroeder
Recording Secretary
BOARD OF APPEALS AGENDA
CITY OF MUSKEGO
NOTICE OF PUBLIC HEARING
RESCHEDULED SEPTEMBER 23, 1999, BOARD OF APPEALS MEETING:
NOTICE IS HEREBY GIVEN pursuant to Wisconsin State Statute 62.23 (7) (e) 6, that a Public Hearing will be held
in the Muskego Room at the Muskego City Hall, W 182 S8200 Racine Avenue, at 7:00 P.M., Thursday, September
30, 1999, 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 AUGUST 26, 1999 MEETING.
5. OLD BUSINESS
• Signing of decision letters for the August 26, 1999 meeting.
6. NEW BUSINESS
Appeal #11-99
Petitioner: Robert Zielinski
Residence: W 194 S9689 Racine Avenue
Muskego, WI 53150
Location of Appeal: Same
Tax Key No. 2273.997.002
REQUESTING: Under the direction of Chapter 17 Zoning Ordinance: Section 17:3.08(1) Appeal
Provisions, Petitioner seeks the following variances:
1. Chapter 17—Zoning Ordinance: Section 4.06(2)A.1.Nonconfornaing Structure: No structure shall be
expanded or enlarged except in conformity with the regulations of the district in which it is located.
2. Chapter 17—Zoning Ordinance: Section 8.02(3) Building Location: Minimum Setback (in feet) 50.
Petitioner requires a 7.85 foot front setback variance to permit construction a second -story addition on an
existing legal non -conforming residence located 42.15 feet from the right-of-way line. The Ordinance requires a
50 foot front setback.
Zoned: R-1, Country Home District.
Appeal #12-99
Petitioner: Marc O'Hair
Residence: W 197 S6730 Muskego Drive
Muskego, WI 53150
Location of Appeal: Same Tax Key No. 2174.876
REQUESTING: Under the direction of Chapter 17 Zoning Ordinance: Section 17:3.08(1) Appeal
BOA 9/30/99
Page 2
Provisions, Petitioner seeks the following variances:
l . Chapter 17—Zoning Ordinance: Section 4.05(2)C.6. No detached private garage shall be erected,
structurally altered or relocated so that any roofed or enclosed portion thereof is closer than 10 feet to the
principal building on the lot.
2. Chapter 17—Zonin Ordinance: Section 5.02(3)A. No building shall hereafter be erected, structurally
altered, or relocated so that it is closer to any lot line than the offset distance hereinafter specified by the
regulations for the district in which it is located.
Petitioner seeks a 4.17 foot side offset variance to construct a detached garage. The Ordinance requires an
11.25 foot side offset. In addition, petitioner seeks a 5 foot variance to construct the detached garage 5'
from the existing attached garage.
Zoned: RS-210ED, Suburban Residence District as modified by the Existing Development Overlay.
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 Clerk's office. All interested parties will be given an opportunity to be heard.
Board of Appeals
City of Muskego
Dan Schepp, Chairman
Dated this 9'h day of September, 1999
NOTICE
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 TO GATHER
INFORMATION; NO ACTION WILL BE TAKEN BY ANY GOVERNMENTAL BODY AT THE ABOVE -STATED
MEETING OTHER THAN THE GOVERNMENTAL BODY SPECIFICALLY REFERRED TO ABOVE IN THIS NOTICE.
NOTICE
"Please note that, 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 Marenda at City Hall, W182
S8200 Racine Avenue. (414) 679-5625."
CITY OF MUSKEGO
ZONING APPLICATION FORM
Application # 2f - 5
Building Permit # 5--16
JcD/Project Description J
Value of Work
ncl. labor - whether self or contractor, materials)
Variance yes or no
Subdivision Name
Owner's Name
Owner's Address
(including zip
k, --4-
/3/
Owner's Phone 9/4/-
(including area code)
I to / I%-C k -r k:
s2U.) / libl C W ,5 S31W
E. -lders Name S /� ®' '� <Y
Builders Address Iy 3 5 lu, 5 � 7
(including zip code)
Builders Phone -III q` �5 -
(including area code)
(D �1v
Address of Property w % %K % , ' (/o
Tax Key #
1 -3
6
�
Signature
Date
DO NOT
FILL OUT
FORM BEYOND THIS
POINT
J C�:ed Received /
Receipt #
Deadline for Review . //.
�Y
Received by �
continued next page
NEW RESIDENTIAL
Zoning Permit No.: 331-95 Bldg Permit No: 95-1694
Date Submitted: 090195 Completion Date: 091195
Tax Key No.: 2273.997.001 Lot Number: Parcel 1
Subdivision: CSM 7550
Address: W194 59689 Racine Avenue
Zoning: EA/R-1
ELEVATIONS:
Nearest Flood
Plain Elevation: NONE
Final Yard Grade: 101.6 per builder discussion on 090595
Difference:
If near a flood plain, does one (1) foot of fill above the
flood plain elevation exist fifteen (15) feet from all
building sides:
Basement Floor Elevation:
COMMENTS:
SEWERED: NO
Basement habitable:
YES
ARCHITECTURAL APPROVAL: Not applicable
ZONING REGULATIONS:
Lot Size:
Lot Width:
Set Back:
Off Sets:
1st Floor SF:
2nd Floor SF:
Total Sq. Ft.:
Max. Height:
Proposed
159140*
335
552
84/189/228
1686
716
2402
iR, s
Exclusive Ag
Minimum
15246000
1275
75
75/30
1200
1200
35
COMMENTS:
FYG set at 101.6 per builder on 090595
Recommendation: APPROVED
Approval Date: 090595
R-1
Minimum
80000
200
50
30/30
1600
1600
30
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