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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