Zoning Board of Appeals 12-1995CITY OF
MUSKEGO
May 30, 1995
Mr. James Kindler
S103 W22005 Kelsey Drive
Big Bend, WI 53103
RE: W216 S10621 Crowbar Road
Dear Mr. Kindler:
DEPARTMENT OF CITY PLANNING
Matthew G. Sadowski, Plan Director
(414) 679-4136
The Board of Appeals wishes to advise you that your request for a
variance seeking relief from Chapter 30, Section 15(9) General
Requirements of the Wisconsin Uniform Building Code was not heard
by the Board of Appeals on the basis that the time to submit an
appeal had lapsed.
Sincerely,
' V1
Collette M. Klenz
cc: Chairman Pionek
L-
W182 S8200 Racine Avenue 9 Box 903 * Muskego, Wisconsin 53150-0903 • Fax (414) 679-5614
CITY OF MUSKEGO
BOARD OF APPEALS
DATE^ May 25, 1995 APPEAL # 11-95
NAME James Kindler
ADDRESS W215 S10521 Crowbar Road
TELEPHONE
PROPERTY LOCATION ON WHICH VARIANCE IS REQUESTED
ADDRESS W215 S10521 Crowbar Road
TYPE OF ZONING Agriculture
1) Appealing Section 3.08 (1) Appeal Provisions, petitioner
seeks an appeal from an administrative decision rendered under
the authority of Chapter 30, Section 15(9) General
Requirements of the Wisconsin Uniform Building Code. Said
Section sets minimum construction standards for residential
units. Petitioner requests exemptions to the portions that set
minimum insulation standards.
80.00 FEE TO BE PAID AT TIME OF APPLICATION
DATE PAID 05-05-95 RECEIPT NUMBER 136161
DECISION OF THE BOARD OF APPEALS "�1t'r. c (�V1{C'.C5 c`�c� cc�)7t:ci�(i•1 ``ee 15 tO c' -,_r�-•XA-Lk
APPROVED DENIED
CHAIRMAN PIONEK N
VICE-CHAIRMAN SCHNEIKER +4biwko- ><UZ
MEMBER O'NEIL
MEMBER SCHEPP
MEMBER KERR
FIRST ALTERNATE HERDA
SECOND ALTERNATE BRANDT ,r
Secretary
Date�/�, /a-
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
Terry O'Neil, Mr. Dan Schepp, Mr.
Michael Brandt, Mr. Matt Sadowski,
ABSENT: All present.
Chairman Henry Schneiker, Mr.
Frank Kerr, Mr. Ed Herda, Mr.
and Mr. Carlos Trejo.
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 RS-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,
04/ 19119M5 10: H 414E-7 55614 MUSi:E'�C' PLANT DING QPT PAGE 02
CITY OF MUSKEGO
SOPM OF APPEALS
ApeliCation for Variance
Applicants Name-,TAME-5 _ k I N DL.c
subject Property Address: 1(0 5 1 (o2i w) A Pr� ice, y
Telephone (-0(0rL-3Wc1
Property Zoning: A(, . Key Z292.9 q T
petitioner's relationship to property (circle applicable):
owner lessee tithed€rJT
Fees: $80.00
Date inspector denied permit:LWkpjovjJ
Requesting variance to Section
To allow: EZ am �. _ ��I5ILfaoFoArp,6UrJQ
ASErY'ENT Eli Y�I wD -rTOry\ QF ITCHIVN
��C7U1Z VcRrc�; . '
A literal enforcement of the terms of the above -referenced section
would result in practical difficulty and unnecessary hardship
because;
-T'KC �x ►�A5 ErJ GorvSrR�c��p bF {Ep�TDv�
A2LVQX. 16IAt-L-c TIAC k5s07. FLao 7ati 2I�- R UGk [U'r
''lr»Pir'fZ. TT Wou ►� _Bk ImeRA_c'r,c.Ai c,� wno_,t Im7g2 Afpt-y
Sj o QAfr. PERmo4Nt-rvT IAig TIGrsT, 9►tcµ rl FLoc3Q � RE4 Hks MCcHAr,?iC-A
!N T1+6 WA,40ANp IS A CRAWL- SP.AGc* Ap.sA.
The variance, if granted, will not be contrary to the public
interest and will be in accord with the spirit of the code
because:
R5. SrAtMa TkiC L-4fr- -MNAw? OAJ ,,V occ.OPln THF- +',r-rC.kEN APJ0
N6W SA r�4 As2eA SHE 15 9(- O n. TkF[c ADGAC AGc 1hic., air
InvWhu; AND Cerc.lruG5 _6 NROPAL)f PPA.C-" HCATE T k1TcNEPJ�
ELEcT RQREATS TN+~ l ,W �� " CrrHCR CoryDJTi or�5 FOeor ,
U-LG JN5af-cYa2 DEPT. HAVc LcctV MC'r, olz ARE 1rV"Tk{P bGESS OF CornPLCMj0rnJ.
The variance, if granted, will not adversely affect public safety
or jeopardize public welfare because:
-*I -TEE UY-ATior,�i of -rlal< 5 APPRoy'. c,EryTEyggp. ar_a
�9.5 ACRES. -IMPER1, oF_ A6MC- WAytcf5F4A cooA.sTY Ar.4i-TN AND
QaP 2-r GkEc H 5 Li
So Y95. -#5 MR. KINDL-:612, w,L-L- S+Gry ry AFF'OAvi-T -THAT
'rl DWEI<I�ING BE RAISED 1JP00 r:^.R5_ Srr-� 0r-A-rH,
Page 1 of 2
maw: aaw�ul .�
�-�-93
04/19/1995
10: OEM 4146795614 MUSkE60 �--ANND+r DPT
CITY OF 1iUaNzoo
HOARD OF APPEALS
Appealing Administrative Decision
Applicants Name
INDLCR//kGt�N
6p-sonl
Petitioner's relationship to property (circle applicable):
owner lessee other CENT
Subject Property Address W 2110 „q 6c,1-1 GRoWBA2 Rt>
Telephone Wl- 10( n
Parcel Zoning:
Fee: $80.00
Ash _ Tax Key # AKt, Z2�32,gq�
Appeal Administrative decision regarding:
PAGE 05
�11�5 APPEAL- 15 Fo12 r-L1oG CoN>a�T�yNS Pr5p- LE-r1-r=2,
DA-VEL-" EEL EPONN i OF MOSKE60 .—T-WE APP AL-
v Rr t" tf F A PPL_ --ro cA 15T1 0,J6 f VJ t�L- . "6 one L,�t . A N D
P15 1 CAL-%-'Y �O& RELIEF PPL.`!{ n1 12. T 2(-)FoArr%
r2oo'J pE12nETER. GFIA5EMe-Nr WALLS Y�.owt��, K}TcN�
CR.Aw" SPACE.
Code enforcers name: Li - OF vu-sk-e:-G0 L-DG. 1"5ECTT10rJ DEN-.
Reason decision regarding section -So,. ASS L) is incorrect
or improperly interpreted: LACk of GaNSiDERA-rio" GoIEN
�o AGE CoN5TQucuofv Dw��LiN� �'oDAYS ��
DO NOT COfV5{DER. uovj iMP Ac-r,c.At, AWE �IF�iGu�-r
W o v i-D g 'TO G o r`,� P E� " .. c� ,�. P --
Names & last known addresses of the last fee owners of record of
all land within 100 feet of any part of the proposed building or
?rCfftilw7F. (P}CG1 qq�:.... ..r: +7jh ti:r• :r}r�rv:.�r+,a.+�.. r.....w++++- .r r.. r
`J 4, '+'� • ..w yr i �Y.�rAYT1TTRT'^.1. ii '! .
_ .. _ . i 'T�-hFlz
addizianai agncae aye_-_��yui�,��1__-_
02/10;W5 10:09 126194106
REPORT BY C8U
TO THE PUBLIC M= C 'M E
FBBROAr 11195
(REVTSED TO SHOW WITH INPORMATioN ONLY)
W216 S10621 Crowbar Road -
Raze �order Issued, temporary restraining order
obtained by. Helen Smith/Jean Crotty. Hearing to
det.ormine if permanent restraining order cr razing
order should be uphold took pl4ce January 31,
1995. Razing order upheld by Judge. Restraining
order dissolved. Property in process of being
sold, proposed buyer desires to bring structure
up to minimum st4ndarrds only, Chapter 30
(Building Code), requires entire structure to be
brought ups to current day codes. Buyers intent is
to allow Helen to stay on property till she is no
longer capable of laving alona.
Building Dupartment has taken position that
sanitary taldcs, pump and alarm must be installed
so that they can be utilized as a tL�mporary
holding ta_ak (permitted by county during winter
months). A contract for the balance of the mound
system work, along with a bond in the amount to
fulfill the contract shall be deposited with the
city. New plumbing must be installed from
approved well to point of uSS, to provide hot and
cold running water to all required fixtures. Work
to install tanks must be atartcd by February 22,
1995, to qualify for March 1st extension.
if these items can be installed, inspected and
approved by March 1, 1995, Mrs. Smith will be
allowed to continue her occupancy of this
structure with the condition that regular
inspections be allowed and continuous progress be
Lade on the remaining cods violatidris. Permit to
construct addition will be allowed if aa.rzitary
system (tanks) installation, is substantially
underway, plumbing permit is obtained and work is
underway. Local holding tank approval required
prior to now plumbing being connected to holding
tanks.
Structural roof upgrades per Strauss -Maguire and
Associateu letter of July 12, 1994, Must alac be
completed prior to March 1, 1995,
The fcllowiag items will have priority and shall
be completed no Later than April 1, 1995.
Rewiring of electrical systems within hone from
FEB 16 '95 Vie,ai G7441e6 PAGE.004
~ 0Y/18f9S 10:iQ '�879a108 �? 2005
new panel to point of use, all wiring to meet
current code, including
countertop area.
Insulate dwelling per 30.13(9), after structural
roof upgrades, electrical upgrades and
wall/ceiling repairs have been completed.
(Wall/ceiling repairs required to ensure
insulation does not fail down or out of walls, see
19.09(1)).
Provide code compliant heating system complete
with all required duct work end other connections
(energy or heat loss calculatJonx required).
Test existing well to ensure safe water and
provide certificate to verity same, or drill new
well and provide safe water report for same_
Provide handrail at stairs to basement per
19.07(2), see also 30.13(5).
one exterior door to be 35" wide, per 30.15(7),
(verify compliance).
Faiiuxe to meet these requirements and respective
deadlines will resalt in the City taking action tv
have Mrs. smith removed from her home and resuming
the razing process.
--
FEB S6'95 10 82 - 6'794106 PAGE.Wf
CITY OF MUSKEGO
W182 S8200 Racine Avenue, Muskego, WI 53150
M E.M 0 R A N D U M
TO: Mike Iverson
FROM: Chuck Dykstra, Sr., Bldg Director
DATE: February 20, 1995
RE: Permit for Helen Smith's Property
Prior to obtaining a permit to work on this property a $5,000 bond
must be submitted to the City of Muskego.
An application for a permit needs to be filled out.
Before receiving this permit, we need the new owner's signature
agreeing to deadlines as stated in the Public Safety report of
February, 1995.
,.�- ;�0 -qS
a k 0a 'W1 TO
i�q
To: Board of Appeals Members
From: Chuck D. Dykstra Sr.
Director of Building Department
Date: May 25, 1995
Re: Appeal # 12-95 (Kindler)
In regard to the appeal case mentioned above, I offer the following
comments:
Mr. Kindler was presented a copy of the February Public Safety
Committee report prior to February 20, 1995. *This report included
the requirement that insulation was to be per Muskego Municipal
Code #30.15(9), which references the Uniform Dwelling Code
requirements that Mr. Kindler is appealing.
On February 20, 1995, Mr. Kindler signed a statement agreeing to
comply with all requirements and deadlines of the February Public
Safety Committee report.
Muskego Municipal Code 30.09(4) states in part... Any person
feeling aggrieved by any order or ruling of the Building Inspector,
may appeal from such ruling to the Board of Appeals within twenty
(20) days of such order or ruling._
Muskego Zoning Code 17:3.07(4)B.2. requires the Board of Appeals to
adopt Rules of Procedure.
The Board of Appeals - Rules of Procedure, Section 3(a) states in
part... Every appeal shall be taken within twenty 20 days from
the date of the making of an order, ruling or determination from
which an appeal is taken.
Therefore, since Mr. Kindlers statement signed February 20, 1995
acknowledges the February Public Safety Report, it is obvious that
he was aware of the order requiring compliance with insulation
requirements at that time.
Since Mr. Kindler did not file this appeal with the Board of
Appeals until May 5, 1995, a full 74 days after the order was
acknowledged, it is my opinion that this case is not eligible to be
heard by the Board of Appeals and must be refused.
*See attached copy of Mr. Kindlers written statement and receipt
for the $80.00 filing fee (dated May 5, 1995).
Thank you for your consideration of these comments.
Sincerely,
Chuck Dykstra Sr.
W�hA`-Te'
H
spa-
p2u;
VaN SHj�eR: 14elPti S M,Th
r