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Zoning Board of Appeals- - Minutes 06/25/1987June 26, 1987 Mr. Lawrence Yaeger W136 S6597 Conrad Court Muskego, WI 53150 Dear Mr. Yaeger: The Board of Appeals wishes to advise you that your request to appeal the Plan Commission's denial of parking permit sought pursuant to Section 17:6.04 (4) G (2c) of the City code has been denied as submitted. The Board of Appeals upholds the Plan Commission's previous denials but grants one year to remove the trucks and relocate. The Board feels that this type of trucking activity is unsuitable for this area. Thank you. Sincerely, BOARD OF APPEALS Lynne Sweet Recording Secretary /ls cc: Chairman Gerald Fohr CITY OF MUSKEGO BOARD OF APPEALS MINUTES OF BOARD OF APPEALS MEETING HELD ON June 25, 1987. Chairman Gerald Fohr called the meeting to order at 7:40 P.M. PRESENT: - Chairman Gerald Fohr, Vice Chairman Thomas Berken, Carol Nievinski, Linda Koester, Vincent Caporali, and Zoning Officer Gerald Lee ABSENT: Lloyd Erno, Peter Passick MINUTES: Mr. Berken moved to adopt the minutes of the May 28, 1987 minutes. Discussion followed and it was decided that clarification needed to be discussed during dosed session. APPEAL 9-87 - INSTRUMATICS, INC. (Deferred from April 23, 1987 meeting). This matter had been deferred due to the fact that the ordinance was in the process of being changed to allow 5% of wall area for signage on the wall the sign would be placed on. The zoning had allowed only 3% which would have required a 19 112 square foot variance. With the change the variance now requested is for 2.5 square feet. APPEAL 11-87 - PIZZA HUT (Deferred from May 28, 1987 meeting). This matter had been deferred with a request to the Plan Commission for recommendation regarding a change in the ordinance to incorporate extra footage for signage for reader boards. Zoning Officer Lee reported that the Plan Commission had architecturally disapproved the sign and that all requests for signs should be incorporated within the signage allowable per zoning district. With the Plan Commission's decision the Pizza Hut's appeal need not be addressed. APPEAL 12-87 - LAWRENCE YAEGER (Deferred from May 28, 1987 meetingZoning icer ee reported that the Plan Commission had approved the parking of trucks with conditions for a 12 month period of time. The Plan Commission had requested that the Board of Appeals clarify whether this permission would be for a one year period of time and the trucks removed at the end of this period or for a one year period of time with review at the end of each year. Discussion followed regarding the conditions placed on Resolutuion #P.C. 94-87 and the third Whereas ..."should be given time to find a new location to park the trucks, and". Mrs. Jean Zangerle stated that her objections to the parking of trucks were as follows: 1) Damage to the road from tri axle trucks (trucks when empty weighing 25,000 pounds); 2) The sign on Hillendale stating "No Trucking"; 3) A legal precedent would be established by allowing trucks to park and use Hillendale; 4) Other residents along Hillendale had been denied BOARD OF APPEALS - Page 2 June 25, 1987 parking of trucks in the area; 5) Permit application lists "barn"; 6) Mr. Yaeger has admitted on record to the police department that he is operating a business in a residential district with service provided to clients outside the area; 8) Hired drivers report to work at this location. She further stated that she felt it was not the neighborhood's responsibility to monitor the comings and goings of the trucks and questioned who would actually monitor and enforce the conditions setforth by the Plan Commission, what the penalty for infractions of the conditions would be and if possible the establishment of an equity bond for repaving of the road due to the damage caused by the use of the tri axle trucks. She felt this use should not be allowed in a residential district and was in violation of the zoning ordinance. The usage should be under industrial zoning. Mrs. Nievinski asked Mrs. Zangerle whether she had stated her complaints in writing. She replied that she had attended all the meetings and since no action had taken place as yet had not done so and was stating her objections at this time. Alderman DeAngelis stated the road has a weight limit of 10,000 pounds and the trucking is hazardous to the road. Within the next trree years there will be no road. In his opinion Mr. Yaeger had put the building up with the intention of running a business on the property. Zoning Officer Lee questioned the fact that the road had a weight limit of 6,000 pounds and through a recent change in the ordinance the limit had been changed to 10,000 pounds. APPEAL 13-87 - MARK A. GOODSON Mr. Mark Goodson appeared before the Board to request a 10 172 ront setback variance to construct a 7' X 24' deck around his home to cover the concrete stoop and blacktopped area. Zoning Officer Lee stated that the homes in the area were quite close to the 16' road. Mr. Goodson felt the deck would be an improvement to the area. APPEAL 14-87 - JESSE A. BENTLEY Mr. and Mrs. Jesse Bentley appeared before the Board to request a 10' offset variance from rear lot line to build a residence. The topography of the lot indicates that the lot line from the road steeply pitches uphill. They would like to locate the home on the flatest portion of the land to utilize the lot better which would be 10' from the rear lot line. The outlot behind their lot is undevelopable. The Board took a 5 minute break at 9:05 P.M. The Board remained in open session. APPEAL 9 -87 Mr. Berken moved to approve the appeal as submitted. Mrs. Nievinski seconded and the motion carried. The hardship is the design of the sign. 30ARD OF APPEALS - Page 3 June 25, 1987 Mrs. Nievinski wanted the record to reflect that the Board of Appeals plans to adhere to the 5% permitted signage allowable in the future. APPEAL 11-87 Mrs. Koester moved to deny the appeal as submitted. Mr. Berken seconded and the motion carried. The Board of Appeals has already granted a variance on the existing Pizza Hut sign. APPEAL 12-87 Mr. Berken moved to deny the appeal as submitted and uphold the Plan Commission's decision that previously denied the parking of trucks for Lawrence Yaeger and grant the appellant one year to remove the trucks and relocate. The Board of Appeals felt that this type of trucking activity is unsuitable for this area. Mrs. Koester seconded. The motion to deny carried in the majority with Mr. Fohr and Mr. Caporali casting dissenting votes. Mr. Fohr wanted the record to reflect that his opinion as stated at the Plan Commission meeting of June 16, 1987 was that Mr. Yaeger would be allowed to review the parking of trucks in one year increments. Mr. Berken moved to approve the minutes of the May 28, 1987 m�gting. Mr. Caporali seconded and the motion carried. APPEAL 13-87 Mrs. Nievinski moved to approve the appeal as submitted. Mrs. Berken seconded and the motion carried. The hardship is the location of the house in relation to the 16' road. Mrs. Koester abstained from voting. APPEAL 14-87 Mr. Fohr moved to approve the appeal as submitted. Mr. Caporali seconded and the motion carried. The hardship is the topography of the lot. ADJOURNMENT: Mrs. Koester moved to adjourn the meeting at 11:05 P.M. Mr. Berken seconded and the motion carried. Respectfully Submitted Lynne Sweet Recording Secretary "Is CITY OF MUSKEGO BOARD OF APPEALS MINUTES OF BOARD OF APPEALS MEETING HELD ON May 28, 1987. Chairman Gerald Fohr called the meeting to order at 7:30 P.M. PRESENT: Chairman Gerald Fohr, Vice Chairman Thomas Berken, Carol Nievinski, Linda Koester, Lloyd Erno, Second Alternate Peter Passick, and Zoning Officer Gerald Lee. ABSENT First Alternate Vincent Caporali MINUTES Mr. Berken moved to approve the minutes of the April 23, 1987 meeting. Mr. Passick seconded and the motion carried. APPEAL 11-87 - PIZZA HUT Kim Conroy, Manager of Muskego Pizza Hut appeared before the Board to request a 23.12 square foot variance for additional signage. This sign would be attached to the bottom of the present sign and would be a reader board to advertise promotions, community and sports events, etc. Zoning Officer Lee explained that this sign had been established before the ordinance was adopted in 1979 and the present sign was larger than permitted by the ordinance. Mr. Jeff Jarvik, area manager for Pizza Hut stated that the franchise throughout the area was adding these reader board signs. APPEAL 12-87 - LAWRENCE YAEGER Mr. Lawrence Yaeger and his attorney, James W. Hammes appeare efore the Board to request an appeal regarding the Plan ^ommission decision to deny Mr. Yaeger's request to park trucks pursuant to Section 17:6.04 (4) G (2c). Mr. Yaeger stated he had purchased approximately 26 acres of property to build three homes and when he found out it wouldn't perk had requested to put up a building to store trucks on the property in 1981. Mr. Yaeger had parked his trucks across the street from this property for approximately five years prior to the purchase of the property. Mr. Yaeger stores approximately 14 vehicles (dump trucks and snow plow vehicles) Attorney Hammes stated that Mr. Yaeger has a hardship based on the facts that if not granted permission to park his vehicles the building would have no economic use and this should be taken into account; the area is predominantly undeveloped at this time will not perk, and a mound system was denied; two years ago $3,000 worth of electrical service was added to the building -permit granted adding sufficient improvement to this property. Mr. Hammes read the names and comments of petitioners who had signed a petition regarding the Yaeger's truck use. Zoning Officer Lee reported on the series of events leading to Mr. Yaeger's being placed on the Plan Commission agenda. He stated a complaint had been made in 1986 regarding the running of a business from this property. This matter was investigated, a letter was sent to Mr. Yaeger regarding the use of the building, the matter was defeated in a BU _RD OF APPEALS Mav 28, 1987 4-3 vote on January 6, 1987. Attorney Lentz asked that the matter be reconsidered, matter was placed on the March 17, 1987 Plan Commission agenda and was again defeated by a 4-3 vote. Mr. Mark Sawyer, W208 S8343 Hillendale Drive stated his concern was the amount of trucking done on Hillendale where the neighborhood is residential. Alderman DeAngelis spoke and stated the Plan Commission had denied this request twice. He stated that within one mile along Hillendale in the vicinity of the Yaeger site 19 houses are located. The road is not very wide or surfaced very well. He felt the Appeal Board should deny the appeal. Mrs. Nievinski questioned Mr. Yaeger as to whether he was running a business out of tiie building. Mr. Yaeger stated there is not advertising on the building or mailbox. A phone is located in the building but rings at the house. When questioned about the listing in the white business pages of the Milwaukee phone book, he stated when asked by the phone company for designation he told theL to put it in under trucking in the phone book. He stated he would be willing to take the number out of the phone book and the phone has been disconnected. Chairman Fohr asked for any more comments. Mrs. Nievinski stated she felt this appeal centered around interpretation of a zoning use which was the function of the Plan Commission and should not be reviewed by the Board of Appeals. Mr. Erno felt the area being largely undeveloped could remain at its present use with conditions being set for one year period increments because of the possibility of sewer and water being put in which would change the development of the area. Attorney Hammes stated he felt the Board could act independently of the Plan Commission as a review board. He requested continuous use of the property as is with restrictions being set. Mr. Passick moved to go 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 quasijudicial hearing; said cases being the above listed appeals. Mrs. Koester seconded and the motion carried. Chairman Fohr declared a five minute recess. The Board of Appeals reconvened into open session. Mr. Berken asked for clarification on the Fisher property. Zoning Officer Lee explained that in April, 1985 Mr. Fisher was granted an extention of time to remove the existing duplex at W172 S7513-15 Center Drive and was granted this extention to 1990, however, the approval was conditioned upon repairs being completed within one year. A letter was sent to Mr. Fischer on April 27, 1987 stating the repairs had not been done and that he should make application to the Board of Appeals to review this matter or condemnation proceedings would begin to BOARD OF APP ALS - Page 3 May 28, 1987 remove the property. Mr. Fischer has now complied with the repairs and therefore was not placed on the agenda. Zoning Officer Lee explained why the Board of Appeals will now act as the housing appeal board which was adopted by the Common Council in Ordinance #566 on April 28, 1987. APPEAL 11-87 Mr. Passick moved to approve the appeal as submitted. Mr. Ber en seconded. The hardship being the location of the building and present location of the sign. Mrs. Nievinski and Mrs. Koester voted in the negative. The vote failed because of a majority vote and the appeal was automaticallv dc-nied. Mrs. Nievinski moved to defer for one month subject to the Plan Commission's reviewing the current number of reader boards and the feasibility of continued requests in the future with a recommendation from the Plan Commission regarding either a change in the ordinance or granting of extra footage for signage. Upon the recommendation of the Plan Commission's study the Board of Appeals will act upon the Pizza Hut request. Mr. Fohr seconded and the motion carried. APPEAL 12-87 Mr. Fohr moved to defer action for one month and recommended that this matter be referred back to the Plan Commission with the recommendation that the Plan Commission grant a one year extention of time to remove the trucks and that the Plan Commission be responsible for setting conditions upon the use. Mr. Erno seconded and the motion carried. ADJOURNMENT: Mr. Berken moved to adjourn at 10:40 P.M. Mrs. Koester seconded and the motion carried. Respectfully submitted, Lynne Sweet Recording Secretary /ls