Zoning Board of Appeals 12-1993CITY OF MUSKEGO
BOARD OF APPEALS
MINUTES OF BOARD OF APPEALS MEETING HELD ON MARCH 25, 1993.
Vice -Chairman Don Pionek called the meeting to order at 7:30 p.m.
PRESENT: Vice -Chairman Don Pionek, Mr. Lloyd Erna,
Mr. Thomas Berken, Mr. Robert Vitt,
Mr. Chuck Dykstra, Sr.
ABSENT: Chairman Gerald Fohr, Mr. Darryl Rowinski
MINUTES: Mr. O'Neil made a motion to approve the minutes of the
February 25, 1993 meeting, with the correction of the
word "home" after nursing in Appeal #5-93. Mr. Vitt
seconded. Upon a voice vote, the motion to adopt the
minutes passed unanimously.
APPEAL #10-93 - Peggy L. Prokop, S70 W17495 Forest Dr., Muskego,
Wisconsin, 53150, appeared requesting a variance from 17:8.08(3)
to allow a 2'0" sideyard offset requiring a 7'-5" variance from
the requirement of 9'-5" and a variance from 17:8.08(5) requiring
an open space of 6300 square feet to allow 3,840 square feet of
open space or a variance of 2,360 square feet. Ms. Prokop is
requesting to build a deck over an existing concrete patio. The
existing concrete patio is presently 2' from the lot line. The
site is non -compliant even without the deck, being that the garage
and house are already over the open space requirement. Ms. Prokop
stated she is requesting this variance to replace an unsitely
concrete patio, as it is useless the way it is at the present
time. There will be a fence around deck - 3' lattice work and 3'
spindles (total of 61).
APPEAL #11-93 - Dimitrios Jifas, S75 W17358 Janesville Rd.,
Muskego, Wisconsin, 53150, appeared requesting a 17'5" setback
variance from 17:8.14(3) to allow construction 69' from centerline
of Janesville Rd. for an addition to an existing locational
non -conforming building. Existing building is 86.5' from
centerline, requirement being 100'. A planter will be constructed
in front of the building at sidewalk level and the canopy will be
removed. Jim Maho, Consulting Engineer, stated he was informed
that there was no proposed plan or time frame for the future width
of Hwy. L (Janesville Rd.). Mr. Jifas is requesting a variance to
square the building off in front to make it look like something.
Mr. Maho stated the drive-thru will have a traffic pattern to
alleviate a build-up on Janesville Rd. The changes will occur to
the west wall, north wall and part of front wall -with no
basement. New bathrooms will be installed and will be
handicap -accessible. Plan Commission has approved the operating
hours as 10:30 a.m. to 12:00 midnight. The old sign structure
will remain with a new signage inserted within. The fence on the
east side will be maintained. The building site and operation
plan was approved by Plan Commission.
Board of Appeals
Page 2
March 25, 1993
APPEAL #12-93 - Rudolph Raab, 1516 S. West Ave., Waukesha,
Wisconsin, 53186, appeared requesting an 18' setback variance
from 17:8.15(3) to allow construction of a new building 32' from
the property line on an odd -shaped lot. Zoning deed restriction
requires a 50' setback from the road. Mr. Raab is requesting an
18' variance for a small corner of the building as the
construction will be placed on an angle. The building was moved
because of the drainage ditch with the front of the building
facing the apartment buildings. Mr. Raab stated he cannot
construct this building over the sewer easement. Mr. Dykstra
stated setback requirements are established to maintain some
uniformity. Hardship being the shape of the lot and the proximity
to the sewer. Mr. Raab is developing this structure to lease out
to tenants; no future tenants at this time. He would like to be
able to construct a building maximum size and yet have enough
parking capacity.
APPEAL #13-93 - Dennis Herdeman, S74 W21052 Field Dr., Muskego,
Wisconsin, 53150, appeared requesting a side lot variance of 11'
from 17:8.01(3) requirement of 40' to allow new building 29' from
west lot line, and a variance of 3' from 17:8.01(6) requirement of
15' max. bldg. height to allow an 16' high building, and a
variance of 330 sq. ft. from 17:8.01(7)B.2 requirement of max.
1614 sq. ft. of area to allow a 1944 sq. ft. building. Side lot
variance requested due to location of septic system as per
Waukesha County letter. Zoning RCE requires a 40' side lot. Mr.
Herdeman is requesting to place this structure 29' from the side
lot and 12' from the house, with a front setback of 751. The
septic system is behind the house. A firewall is being
installed. Mr. Kurt Fifer, a neighbor, was only concerned if the
building use would be commercial. Mr. Herdeman responded it
wouldn't. It would mainly be used for equipment to maintain his
orchard of over 100 trees and his other hobbies. His home is a
tri-level and he also needed more space for storage. At present
time, his boat and camper are in storage. Mr. & Mrs. Earl
Beilfuss', also neighbors, appeared in favor of the building.
APPEAL #5-93 - Gregory Wade, S77 W18512 Janesville Rd., Muskego,
Wisconsin, 53150, requesting a 17' variance from the 60' base
setback requirement from C/L Janesville Rd., to allow sign within
base setback area to move business sign as part of overall
landscape theme. Mr. Dykstra read Section 4e of Rules of
Procedure: Re -submission. No appeal which has been dismissed or
denied shell be considered again within one year except (a) on a
motion to reconsider the vote made by a member voting with the
majority, or (b) on a request for a re -hearing. City Attorney
informed Mr. Dykstra, to handle this variance in one of two ways:
1) Board member could make a motion for a new hearing or 2)
Petitioner writes a request for a new hearing. Petitioner felt he
was being penalized because board members were absent at a
previous meeting. Mr. O'Neil made the motion to request a new
hearing, Mr. Vitt seconded. Mr. O'Neil made the motion to have
the re -hearing take place at this meeting, Mr. Vztt seconded.
Board of Appeals
Page 3
March 25, 1993
A brief review of the variance was discussed. Mr. Wade is
requesting to move his existing sign further east and slightly
closer to the road. Mr. Wiedemann, d neighbor, was concerned
about the lights on the sign reflecting brightly to look like a
car was approaching. Mr. Wade stated he would be willing to
record deed restrictions so this sign could be removed if the road
is widened. Mr. Wade also stated the top section of the mailbox
will be cut down. In response to Mr. Wiedemann's concern, Mr.
Wade stated the lights on the sign will point down. Sign height
will be just above the picket fence height.
The meeting remained in open session.
APPEAL #10-93 - Peggy L. Prokop, S70 W17495 Forest Drive,
Muskego, Wisconsin. Hardship being size and shape of existing lot.
Mr. Erno made a motion to approve this appeal as submitted.
Mr. Vitt seconded. Upon a voice vote, the motion passed
unanimously.
APPEAL #11-93 - Dimitrios Jifas (formerly Golden Chicken)
S75 W17358 Janesville Rd., Muskego, Wisconsin. Mr. O'Neil did not
understand Why Mr. Jifas couldn't square the building off further
from the front setback. Hardship being that is a non -conforming
existing location building. Mr. Erno made a motion to approve
this appeal as submitted. Mr. Berken seconded. Upon a voice
vote, the motion passed 4 to 1.
APPEAL #12-93 - Rudolph Raab, 1516 S. West Ave., Waukesha,
Wisconsin. Mr. Raab purchased this land from the City. The
projections he made for this building on this site have changed.
He didn't receive an accurate survey from the City until two years
after the purchase. Hardship being topography of the land and
shape of lot. Mr. Vitt made the motion to approve this appeal as
submitted, provided he carries forth the landscaping plan. Mr.
O'Neil seconded. Upon a voice vote, the motion passed 4 to 1.
APPEAL #13-93 - Dennis Herdeman, S74 W21052 Field Dr., Muskego,
Wisconsin. Mr. O'Neil made a motion to approve this appeal as
submitted. Hardship being the location of the septic tank.
Mr. Vitt seconded. Upon a voice vote, the motion passed
unanimously.
APPEAL #5-93 - Gregory S. Wade, S77 W18512 Janesville Rd.,
Muskego, Wisconsin. Mr. Vitt made a motion to rehear this appeal
at this board meeting. Mr. O'Neil seconded. Mr. O'Neil stated he
found himself looking off the road to view sign at this time.
Mr. O'Neil made a motion to approve this appeal as submitted.
Hardship being trees have grown, obscuring visibility of existing
sign. Mr. Vitt seconded. Upon a voice vote, the motion passed
unanimously.
Board of Appeals
Page 4
March 25, 1993
MISCELLANEOUS BUSINESS:
The Board decided they need more time to review the Board of
Appeals fee schedule and requirements. Board members were asked
to bring their input to the next meeting. It was suggested that
the structure of the Board of Appeals form be up -dated.
ADJOURNMENT:
There being no further business, Mr. Vitt made a motion to adjourn
and Mr. O'Neil seconded. Upon a voice vote, the motion to adjourn
passed unanimously. The meeting was adjourned at
10:45 p.m.
Respectfully submitted,
BOARD OF APPEALS
Karh-
hyA recht
Rei g 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 7:30 P.M., Thursday, March 25,
1993 to consider the following appeals:
APPEAL #10-93 Peggy L. Prokop
S70 W17495 Forest Drive
Muskego, WI 53150
REQUESTING: A variance to 17:8.08(3) to allow
a 2'0" sideyard offset requiring a 7'-5"
variance from the requirement of 9'-5"
and
A variance from Section 17:8.08(5) requiring
an open space of 6300 square feet to allow
3,940 square feet of open space or a variance
of 2,360 square feet.
REASON: Existing patio - deck to cover
ZONING: RS3-OED
APPEAL #11-93 Dimitrios Jifas (formerly Golden Chicken)
S75 W17358 Janesville Rd.
Muskego, WI 53150
REQUESTING: a 17'5" setback variance
to 17:8.14(3) to allow construction 69' from
centerline of Janesville Rd.
REASON: Addition to existing-locational
non -conforming building.
ZONING: B4
APPEAL #12-93 Rudolph Raab
1516 S. West Ave.
Waukesha, WI 53186
REQUESTING: 16' setback variance
to 17:8.15(3) to allow construction of a new
building 32' from property line.
REASON: To construct a new industrial building
on an odd shaped lot.
ZONING: Ii
APPEAL #13-93 Dennis Herdeman
S74 W21052 Field Dr.
Muskego, WI 53150
REQUESTING: Side lot variance of 11' from
17:8.01(3) requirement of 40 ft. to allow
new building 29' from west lot line.
and
A variance of 3 ft. from 17:8.01(6)
requirement of 15 ft. max. bldg. height to
allow an 18 ft. high building
and
A variance of 330 sq. ft. to 17:8.01(7)B.2
requirement of maximum 1614 sq. ft. of area
to allow a 1944 sq. ft. building.
REASON: Side lot variance requested due to
location of septic system as per Waukesha
County letter
Height variance for 10 ft. doors to fit vehicles
& boat
P.C. #28-93
ZONING: RCE
A motion to permit a re -hearing may be made
concerning Appeal #5-93 which was previously denied.
Should such motion and subsequent vote permit
a re -hearing, the re -hearing may take place at
the March 25, 1993 Public Hearing or at a
future date to be determined.
APPEAL #5-93 Gregory S. Wade
S77 W18512 Janesville Rd.
Muskego, WI 53150
REQUESTING: 17' variance from the 60' base
setback requirement from C/L
Janesville Rd., to allow sign
within base setback area.
REASON: To move business sign as part of
overall landscape theme.
ZONING: RS3/OOS
NOTICE OF CLOSED SESSION:
PLEASE TAKE NOTICE that the Board of Appeals of the City of
Muskego will 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
Gerald Fohr, Chairman
Dated this loth day of March, 1993
CITY OF MUSKEGO
BOARD OF APPEALS
DATE
NAME PU P O ; 2 n 12, /46
ADDRESS !S/l� �� �Z, L_ yc_--- - _ TELEPHONE 6- V 7 --d,?U/
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PROPERTY LOCATION ON WHICH VARIANCE IS REQUESTED
ADDRESS Q,-�L! 1J F3 A- cl,i z .
SUBDIVISION LOT BLOCK
TYPE OF ZONING
VARIANCE REQUESTED: WlEQa s n"- A �8` se•-k'occi� vcct(,•-ce [�: g
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REASON FOR VARIANCE REQUEST: r `,
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$35.00 FEE TO BE PAID AT TIME. OF APPLICATION: orgy A- oho 4; 4*p67-o Lo;J,
DATE PAID 3L �RECEIPT NO.
DECISION OF THE BOARD OF APPEALS
CHAIRMAN
VICE-CHAIP-4AN
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MEMBER Z6��
MEMBER
IMEMBE
FIRST ALTERNATE
SECOND .ALTERNATE
Secretary
Date
Proved l Refuse
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