Zoning Board of Appeals 12-1997CITY OF MUSKEGO
BOARD OF APPEALS
PRESENT: Chairman O'Neil, Vice Chairman Mike Brandt, Dan Schepp,
Henry Schneiker, Ed Herda and James Ross.
ABSENT: Heather Schuster
STATEMENT OF PUBLIC NOTICE
MINUTES: Mike Brandt made a motion to accept the minutes of
April 24, 1997, meeting. Henry Schneiker seconded, upon voice
vote, motion carried.
Henry Schneiker made a motion to accept the minutes of May 15,
1997, meeting. Mike Brandt seconded, upon voice vote, motion
carried.
OLD BUSINESS: Signing of decision letter from the March 27, 1997
meeting.
Appeal #10-97 Ronald P. and Joanne L. Knox, W180 S6807 Muskego
Drive REQUESTING: Under the direction of Section 3.08 (1)
Appeal Provisions, Petitioner seeks two (2) variances: 1.
Chapter 17-Zoning Ordinance: Section 5.02 (3) Building Location:
Offsets. Said regulation requires a minimum five (5) foot offset
from the northern property line. Petitioner seeks a 1.5 foot
variance to build an addition 3.5 feet from the northern property
line. 2. Chapter 17-Zoning Ordinance. Section 5.03 Height.
Said regulation limits the height of an accessory structure to
fifteen (15) feet from grade at entry to peak of roof.
Petitioner seeks a 4.3 foot variance to build a gazebo 19.3 feet
high. Zoned: RS~-3/OLS, Suburban Residence District with a Lake
Shore Overlay
Board member James Ross excused himself from hearing this appeal.
Mr. Knox had been deferred from the April 24th meeting. Mr.
Brandt swore in Mr. Knox.
Mr. Trejo stated the interpretation of entry level was the Zoning
Department's interpretation of Section 2.02 (20) Grade,
Established: The elevation of the finished street at the
centerline or curb as fixed by the Engineer or by such authority
as shall be designed by law to determine such an elevation. Mr.
Trejo further stated there is no permit on file in the Building
Department for the existing deck.
Mr. Knox stated the hardship is the house was located where it is
before the current zoning was in place. Mr. Knox is trying to
locate the gazebo as faraway from the property line as possible.
Any other location on this site would destroy the site from the
house to the lake. The location also would preserve the tree
which the deck surrounds.
Appeal # 11-97 Steven B. Brauch, S69 W16706 Martin Drive
REQUESTING: Under the direction of Section 3.08 (1) Appeal
Provisions, Petitioner seeks two (2) variances: 1. Chapter
17--Zoning Ordinance: Section 4.05 (2) C.4 Accessory Structures:
Permanent Structures. Said regulation restricts the square
footage of total outbuildings to 60% of the floor area of the
principal building on the lot. Petitioner seeks a 113% variance
to a build an accessory structure totaling 173% of the floor area
of the principal building on the lot. 2. Chapter 30--Building
Code: Chapter XI, Section 30.43 (3) (c) Garages: General
Requirements. Said regulation restricts the interior area of a
wood framed accessory structure to 720 square feet. Petitioner
seeks a 112 square foot variance to permit a 832 square foot
accessory structure without a dividing firewall. Zoned: RS-1,
Suburban Residence District. This zoning calls for home to be a
minimum of 1600 square feet.
Board member James Ross excused himself from hearing his appeal.
Mr. Brauch wrote a letter to the Board challenging the April 24th
minutes, the Board decided the minutes were correct as submitted.
Mr. Brauch stated his intentions are to build a new home within
the next 10 years as well as divide property into two lots.
Also, if a firewall were to be installed, he would not be able to
store his two handicapped vans, motorcycle with sidecar, lawn
equipment nor snowblower.
Mr. Trejo stated staff has serious concerns regarding the need
for a garage 832 square feet, most residential garages are
between 500-600 square feet. Mr. Brauch is looking for a
variance of 173%, he does have the option to attach the garage to
his home, add square footage to his current residence or reduce
the size of his request. Mr. Brauch questioned the total square
footage of his home and the method of measurement used by the
Plan Department.
NEW BUSINESS
Appeal #12-97 Gary Badura, 5105 W20676 Valerie Drive REQUESTING:
Under the direction of Section 3.08 (1) Appeal Provisions,
Petitioner seeks one (1) variance: 1. Chapter 17--Zoning
Ordinance: Section 5.03 Height. Said regulation limits the
height of any primary structure to 30 feet from grade at entry to
peak of roof. Petitioner seeks a 2.4 foot variance to build a
new residence 32.4 feet high. Zoned: RS-1, Suburban Residence
District.
Mr. Brandt administered an oath to Mr. and Mrs. Gary Burda and
Mr. Bob Raymond the builder. Mr. Raymond stated in both Franklin
and New Berlin homes are being built at 35 feet height. The roof
is to be a 10-12 pitch with 9 foot ceilings on the first floor.
There is already a home on Churchill Court that was granted a
height variance.
Mr. Trejo stated in staff's opinion the hardship is self imposed.
This is a vacant piece of property, why create a nonconforming
lot. The pitch of the roof could be lowered.
Mr. Badura stated that the house was given architectural approval
from the subdivision.
Mr. Phil Dibb, coordinator for the Tess Corners Fire Company and
the Muskego Volunteer Fire Department sent a letter requesting
this request be denied due to safety.
Appeal # 13-97 Anne and Micheal Recknagel, W190 57096 Wentland
Drive, REQUESTING: Under the direction of Section 3.08 (1)
Appeal Provisions, Petitioner seeks two (2) variances: 1.
Chapter 17--Zoning Ordinance: Section 5.02 (1) Building Location.
Said regulation requires a 7.5 foot offset from the northern
property line. Petitioner seeks a 4.6 foot variance to build an
addition to the rear of the home 2.9 feet from the northern
property line. 2. Chapter 17--Zoning Ordinance: Section 4.06 (2)
A.1 Legal Nonconformity: Classification and Regulation. No such
structure may be expanded or enlarged except in conformity with
the regulations of the district in which it is located.
Petitioner seeks to construct an addition 2.9 feet from the
northern property line.
Zoned: RS-3/OLS, Suburban Residence District with a Lake Shore
Overlay.
A letter was received requesting to be on the June agenda. Mr.
Henry Schneiker made a motion to defer to June. Mr. Herda
seconded, upon voice vote motion carried.
Appeal #14-97 Excel Engineering, Inc., 100 Camelot Drive, Fond
Du Lac, WI 54935 Address of subject property: W186 57825 Lions
Park Drive, Northwest corner of intersection of Lions Park Drive
and Janesville Road REQUESTING: Under the direction of Section
3.08 (1) Appeal Provisions, Petitioner seeks one (1) variance:
1. Chapter 17--Zoning Ordinance: Section 5.02 (1) Building
Location. Said regulation requires a 40 foot setback from the
Janesville Road right-of-way. Petitioner seeks a 10 foot setback
variance to build a primary structure 30 feet from the Janesville
Road right-of-way.
Mr. Brandt administered an oath to Mr. Dave Stubs of Keller
Structures. Mr. Stubs explained the hardship is a safety issue,
requesting not to have cross access in front of building. County
denied access to Janesville Road.
Appeal #15-97 William R. and Pamela Lehmann, W183 56453 Jewel
Crest Drive, REQUESTING: Under the direction of Section 3.08 (1)
Appeal Provisions, Petitioner seeks two (2) variances: 1.
Chapter 17--Zoning Ordinance: Section 5.02 (1) Building Location.
Said regulation requires a 55 foot setback from Topaz Drive.
Petitioner seeks a 21 foot variance to build an accessory
structure 34 feet from the centerline of Topaz Drive. 2. Chapter
17--Zoning Ordinance: Section 5.02 (1) Building Location. Said
regulation requires a 55 foot setback from Jewel Crest Drive.
Petitioner seeks a 29 foot variance to build an accessory
structure 26 feet from the centerline of Jewel Crest Drive.
Mr. Brandt administered an oath to Mr. and MRs. Lehmann. Mr.
Lehmann stated he would tear down existing garage and shed. They
are not able to attach garage because the current breezeway does
not have footings under it. If they were to turn it around, it
would not cosmetically look good with house.
Mr. Trejo stated staff has concerns regarding the ultimate road
right-of-way and vision corner. They could build a 18' x 12'
garage. Public works and the police department have concerns
regarding the closeness to the street.
Appeal #16-97 Harold Swanto III, S76 W18234 Janesville Road
REQUESTING: Under the direction of Section 3.08 (1) Appeal
Provisions, Petitioner seeks one (1) variance: 1. Chapter
17--Zoning Ordinance: Section 4.06 (2) A.2 Legal Nonconformity:
Classification and Regulation. Said regulation restricts
structural alterations and repairs of a nonconforming structure
to 50% of its fair market value before having to be brought
entirely into legal conformity. Petitioner seeks an $80,000
addition and $20,000 dollar renovation to a $64,900 structure.
Zoned: RS-3/OLS, Suburban Residence District with a Lake Shore
Overlay.
Mr. Brandt administered an oath to both Mr. Harold Swanto III and
Mr. Harold Swanto, Jr.
Mr. Swanto III stated he needs to remodel this property to make
it handicap accessible, it has a small basement and crawl space.
The question was asked why not just rebuild. Mr. Swanto III
stated he could not do so because of the Floodplain Ordinance.
Mr. Swanto III stated his hardship is a disability his fiance has
and is wheelchair bound.
The Floodplain issue had not been previously mentioned. Mr.
Trejo requested a recess to review the Dam Failure Shadow area
map.
This property is within the Dam Failure Shadow area, the City is
trying to have this removed, however, it probably will take the
summer to get the maps changed.
DELIBERATIONS:
Prior to deliberations, Attorney Larson stated he was just
present to observe, however, he would answer questions if asked.
Appeal #10-97 Mr. James Ross did not participate on the
discussion nor the vote. Mr. Dan Schepp made a motion to deny
the first appeal due to lack of hardship and to approve the
second appeal, height, due to the fact that entry level is an
interpretation. Mr. Mike Brandt seconded. Upon roll call vote
the motion passed 5-0.
Appeal #11-97 Mr. James Ross did not participate on the
discussion nor the vote. Mr. Dan Schepp made a motion to grant
variance to 60% rule and motion to approve appellant's
administrative decision regarding zoning Mr. Mike Brandt
seconded, upon roll call vote, motion passed 4-1, with Mr. Herda
voting nay.
Appeal #12-97 Mr. Dan Schepp made the motion to deny variance
due to the fact it is vacant land and the request is
self-imposed. The Board feels they should uphold the Fire
Department's stand on this issue. Mr. Ed Herda seconded. Upon
roll call vote, motion to deny was passed 3-2. Mr. O'Neil and
Mr. Schneiker voting to grant the variance. Mr. James Ross's
vote was not called, due to the fact there was a quorum.
Appeal #14-97 Mr. Dan Schepp made a motion to grant a variance
as submitted due to safety and circumvent liability with having
the access in the back. Mr. Henry Schneiker seconded. Upon roll
call vote, motion passed 4-1, with Mr. Herda voting nay. Mr.
James Ross's vote was not called, due to the fact there was a
quorum.
Appeal #15-97 Mr. Ed Herda made a motion to accept the first
portion #1 as submitted, hardship being pre-existng shape of the
nonconforming lot. Mr. Mike Brandt seconded. Upon roll tail
vote, motion was denied 5-0. Mr. James Ross's vote was not
called, due to the fact there was a quorum.
Mr. Ed Herda made a motion to accept the appeal #2 as submitted,
hardship being preexisting shape of the nonconforming lot. Mr.
Mike Brandt seconded, upon roll call vote, motion was denied 5-0.
Mr. James Ross's vote was not called, due to the fact there was a
quorum.
Appeal #16-97 Mr. Ed Herda made the motion to accept as
submitted. Mr. James Ross seconded. Hardship being handicap
accessibility. Upon roll call vote, motion denied.
Mr. James Ross made a motion to request to have appellant return
to the Board of Appeals within 60 days with appropriate
information regarding FloodPlain map. Mr. Henry Schneiker
seconded, upon roll call vote, motion carried.
MISCELLANEOUS BUSINESS
Mr. Trejo requested setting up a meeting with Attorney Eric
Larson to discuss Board of Appeals procedures. The first
acceptable date was June 12, 1997.
ADJOURN Mr. Mike Brandt made a motion to adjourn. Mr. Ed Herda
seconded, with no further business to come before the board,
meeting adjourn at 12:00 A.M.
Respectfully submitted,
c- 4�
Susan J. Sc roeder
Recording Secretary
AGENDA
CITY OF MUSKEGO
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN pursuant to Wisconsin State Statute 62.23 (7) (e) 6, that a Public Hearing will be
held in the Wisconsin Room at the Muskego City Hall, W 182 S8200 Racine Avenue, at 7:00 P.M., Thursday, May
22, 1997, 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 APRIL 24,1997 MEETING
5. OLD BUSINESS
1. Signing of decision letter from the April 24, 1997 meeting.
Appeal #10-97
Ronald P. and Joanne L. Knox
W 180 S6807 Muskego Drive
Muskego, WI 53150
REQUESTING: Under the direction of Section 3.08 (1) Appeal Provisions. Petitioner seeks two
(2) variances:
1. Chapter 17 Zoning Ordinance: Section 5.02 (3) Building Location: Offsets. Said
regulation requires a minimum five (5) foot offset from the northern property line. Petitioner
seeks a 1.5 foot variance to build an addition 3.5 feet from the northern property line.
2. Chapter 17—Zoning Ordinance. Section 5.03 Height. Said regulation limits the height of an
accessory structure to fifteen (15) feet from grade at entry to peak of roof. Petitioner seeks a 4.3
foot variance to build a gazebo 19.3 feet high.
Zoned: R.S-3/OLS, Suburban Residence District with a Lake Shore Overlay
Appeal # 11-97
Steven B. Brauch
S69 W 16706 Martin Drive
Muskego, WI 53150
REQUESTING: Under the direction of Section 3.08 (1) Appeal Provisions. Petitioner seeks two
(2) variances:
1. Chapter 17--Zoning Ordinance: Section 4.05 (2) CA Accessory Structures: Permanent
Structures. Said regulation restricts the square footage of total outbuildings to 60% of the floor
area of the principal building on the lot. Petitioner seeks a 113% variance to a build an accessory
Page 2
structure totaling 173% of the floor area of the principal building on the lot.
2. Chapter 30—Building Code: Chapter XI, Section 30.43 (3) (c) Garages: General
Requirements. Said regulation restricts the interior area of a wood framed accessory structure to
720 square feet. Petitioner seeks a 112 square foot variance to permit a 832 square foot accessory
structure without a dividing firewall.
Zoned: RS-1. Suburban Residence District.
6. NEW BUSINESS
Appeal #12-97
Gary Badura
S 105 W20676 Valerie Drive
Muskego, WI 53150
REQUESTING: Under the direction of Section 3.08 (1) Appeal Provisions, Petitioner seeks one (1)
variance:
1. Chapter 17--Zoning Ordinance: Section 5.03 Height. Said regulation limits the height of any primary
structure to 30 feet from grade at entry to peak of roof. Petitioner seeks a 2.4 foot variance to build a new
residence 32A feet high.
Zoned: RS-1, Suburban Rcsidcncc District.
Appeal # 13-97
Anne and Micheal Recknagel
W 190 S7096 Wentland Drive
Muskego, WI 53150
REQUESTING: Under the direction of Section 3.08 (1) Appeal Provisions, Petitioner seeks two (2)
variances:
1. Chapter 17--Zoning Ordinance: Section 5,02 (1) Building Location. Said regulation requires a 7.5 foot
offset from the northern property line. Petitioner seeks a 4.6 foot variance to build an addition to the rear
of the home 2.9 feet from the northern property line.
2. Chapter 17--Zoning Ordinance: Section 4.06 (2) A.1 Legal Nonconformity: Classification and
Regulation. No such structure may be expanded or enlarged except in conformity with the regulations of
the district in which it is located. Petitioner seeks to construct an addition 2.9 feet from the northern
property line.
Zoned: RS-3/OLS, Suburban Residence District with a Lake Shore Overlay.
Appeal #14-97
Excel Engineering, Inc.
100 Camelot Drive
Fond Du Lac, WI 54935
Address of subject property: W 186 S7825 Lions Park Drive
Northwest corner of intersection of Lions Park Drive and Janesville Road
Page 3
REQUESTING: Under the direction of Section 3.08 (1) Appeal Provisions. Petitioner seeks one (1)
variance:
1. Chapter 17--Zoning Ordinance: Section 5.02 (1) Building Location. Said regulation requires a 40 foot
setback from the Janesville Road right-of-way. Petitioner seeks a 10 foot setback variance to build a
primary structure 30 feet from the Janesville Road right -of --way.
Appeal #15-97
William R. and Pamela Lehmann
W 183 S6453 Jewel Crest Drive
Muskego, WI 53150
REQUESTING: Under the direction of Section 3.08 (1) Appeal Provisions. Petitioner seeks two (2)
variances:
1. Chapter 17--Zoning Ordinance: Section 5.02 (1) Building Location. Said regulation requires a 55 foot
setback from Topaz Drive. Petitioner seeks a 21 foot variance to build an accessory structure 34 feet from
the centerline of Topaz Drive.
2, Chapter 17--Zoning Ordinance: Section 5.02 (1) Building Location. Said regulation requires a 55 foot
setback from Jewel Crest Drive. Petitioner seeks a 29 foot variance to build an accessory structure 26 feet
from the centerline of Jewel Crest Drive.
Appeal #16-97
Harold Swanto III
S76 W 18234 Janesville Road
Muskego, WI 53150
REQUESTING: Under the direction of Section 3.08 (1) Appeal Provisions, Petitioner seeks one (1)
variance:
1. Chapter 17--Zoning Ordinance: Section 4.06 (2) A.2 Legal Nonconformity: Classification and
Regulation_ Said regulation restricts structural alterations and repairs of a non -conforming
structure to 50% of its fair market value before having to be brought entirely into legal conformity.
Petitioner seeks an $80,000 addition and $20,000 dollar renovation to a $64,900 structure.
Zoned: RS-3/OLS, Suburban Residence District with a Lake Shore 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 19.95 (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.
Page 4
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
Terry O'Neil. Chairman
Dated this 9th day of May, 1997
PLEASE NOTE: 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 other than the governmental body
specifically referred to above in this notice.
Also, 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 K. Marenda, City
Clerk, at Muskego City Hall, 679-5625,
Also. Board of Appeals members may conduct site visits for informational purposes