Zoning Board of Appeals 13-1996DEPARTMENT OF CITY PLANNING
Matthew G. Sadowski, Plan Director
(414) 679-4136
April 26, 1996
Mr. Mark Pfuehler
S75 W13901 Bluhm Court
Muskego, WI 53150
Dear Mr. Pfuehler:
The Board of Appeals wishes to advise that your appeal From Chapter
17, Section 5.02(3) A. has been deferred. Please contact Carlos
Trejo for information (679-5674).
Sincerely,
CA -
Susan J. Schroeder
Recording Secretary
W182 S8200 Racine Avenue + Box 903 • Muskego, Wisconsin 53150-0903 0 Fax (414) 679-5614
CITY OF MUSKEGO
BOARD OF APPEALS
MINUTES OF BOARD OF APPEALS MEETING HELD ON MAY 23, 1996.
PRESENT: Chairman O'Neil, Dan Schepp, Henry Schneiker, Mike
Brandt, Heather Schuster, and James Ross
ABSENT: Ed Herda
MINUTES: Mr. Schepp made a motion to approve the minutes of April
25, 1996, as presented. Mr. Brandt seconded. Upon voice vote,
the minutes of April 25, 1996, meeting passed unanimously.
OLD BUSINESS
Appeal # 13-96
Mark R. Pfuehler, S75 W13901 Bluhm Court, Muskego.REQUESTING:
Under the direction of Section 3.08 (1) Appeal Provisions,
Petitioner seeks one (1) variance: 1) Chapter 17--Zoning
Ordinance: Sections 5.02 (3) A Building Location: Offsets. Said
regulation requires a 15 foot offset on the eastern property
line. Petitioner seeks a 3 foot variance to permit a deck with a
12 foot offset.
Mr. Trejo reported to the Board that the petitioner had altered
his plans to bring the proposed deck into conformity with the
zoning ordinance. Mr. Brandt made a motion to deny the appeal due
to no reasonable hardship being requested and that the petitioner
was able to meet the required zoning offset. Mr. Schneiker
seconded. Upon a roll call vote, the Board denied Appeal #13-96
unanimously.
NEW BUSINESS
Appeal # 14-96
Fred Arbanella, W198 S11075 Racine Avenue, Muskego. REQUESTING:
Under the direction of Section 3.08 (1) Appeal Provisions,
Petitioner seeks one (1) variance: 1) Chapter 17--Zoning
Ordinance: Sections 5.02 (3) A Building Location: Offsets. Said
regulation requires a minimum 10 foot offset. Petitioner seeks a
six (6) foot variance to permit a detached garage located four (4)
feet from the lot northern property line. Mr. and Mrs. Arbenella
were sworn in.
Mr. Trejo explained to the Board the ordinance and zoning
requirements associated with RS-2/OLS zoning. Mr. Trejo further
discussed the awkward shape of the lot.
Mr. Arbanella explained to the Board that he had received approval
for the proposed accessory structure, but once the structure was
staked out, it was discovered that the turning radius for the
garage would cause difficulty. Trying to move the garage to the
other side would block off a joint access drive he shares with his
BOA 05/23/96
Page 2
neighbor to the south. This left no other alternative but to shift
the garage to the north and into the offset area.
Appeal # 15-96
Richard G. Bennett, S90 W13960 Boxhorn Drive, Muskego.
REQUESTING: Under the direction of Section 3.08 (1) Appeal
Provisions, Petitioner seeks offset variances: Chapter 17---Zoning
Ordinance: Sections 5.02 (3) A Building Location: Offsets. Said
regulation requires a 30 foot offset and 40 foot offset from
interior property lines. Petitioner seeks three (3) offset
variances for existing structures to conform to a proposed land
division. 1). A 21 foot offset from the northern property line and
a 28.85 foot variance from the south property line on Parcel 3.
2). A 21.42 foot offset variance from the northern property line
and a 1.45 foot variance from the western property line on Parcel
2. 3). A 4.5 foot offset variance form the southern property line
on Parcel 4.
Mr. Trejo explained the RS2/OLS/OLR zoning, stating the OLR takes
precedent over the other zoning catagories, thus the RS-2 zoning
offsets of 15 feet and 20 feet are doubled. Mr. Trejo told the
Board that subject appeal has been approved by the Plan Commission
as a sketch, any changes would require Plan Commission approval
and any future modifications by the Plan Commission would require
Board Approval if additional variances are still required.
Mr. Schepp administered an oath to Mr. Bennett. Mr. Bennett
explained Plan Commission had approved a sketch for the CSM,
however, variances are required for the offsets. This property has
been in existence since 1928. The reason for the variance for the
north lotline is the traps are located there as well as a public
walkway. The second variance is required to separate the house and
the tavern, which would mean he could sell each separately. The
third variance would allow him 3 acres to build his retirement home
on.
DELIBERATION
APPEAL #14-96 FRED ARBANELLA, W198 S11075 RACINE AVENUE. Mr Schepp
made a motion to grant the variance as requested. Hardship being
the shape of lot and the shared driveway. The request would not be
harmful or jeopardize public safety or welfare and would be
compatible with the surrounding character of the neighborhood. Mr.
Schneiker seconded. Upon roll call vote, the motion to grant the
variance was approved unanimously.
APPEAL #15-96 RICHARD BENNETT, S90 W13960 BOXHORN DRIVE. Mr.
Schneiker made a motion to alter the variances as follows:
Request #1, the 21 foot northern offset variance on parcel 3 was
denied as requested since their was no sufficient hardship
BOA 05/23/96
Page 3
identified, but the southern 28.85 variance from the southern
property line of parcel 3 will be granted due to the pre-existing
location of the two structures. Request #2, The 21.42 offset
variance from the northern property line of parcel 2 was granted
due to the pre-existing location of the two structure, however, the
1.45 foot variance from the eastern most property line of parcel 2
was denied due to lack of a sufficient hardship. Request #3, the
4.5 foot variance from the southern property line of parcel 4 was
denied due to lack of a sufficient hardship. Mr. Schneiker further
stated that any additions/remodifications to the existing
structures or any new structures must meet all zoning offsets and
setbacks for the RS-2/OLS District, variances are for the current
conditions of the existing structures only. Such variances will be
within the spirit of the zoning ordinance, will not jeopardize
public safety or welfare, and would maintain the character of the
general area. Mr. Brandt seconded. Upon roll call vote, motion
was approved unanimously.
MISCELLANEOUS BUSINESS
Mr. Trejo reported to the Board that both city Fire Chiefs' and
the City of Muskego Fire Code Coordinator have raised concerns
over raising the maximum height for single family dwelling units.
A detailed report and invitation to both fire departments will be
provided in the next scheduled meeting.
ADJOURN
Mr, Schepp made a motion to adjourn at 9:00 P.M. Mr. Schneiker
seconded. With no further business to come before this board,
meeting adjourned.
Respectfully submitted,
Susan J. Sc oeder
Recording Secretary
CITY OF MUSKEGO
BOARD OF APPEALS
MINUTES OF BOARD OF APPEALS MEETING HELD ON APRIL 25, 1996.
PRESENT: Chairman O'Neil, Dan Schepp, Henry Schneiker, Mike
Brandt, and Ed Herda.
MINUTES: Mr. Schepp made a motion to adopt the minutes of March
28, 1996, meeting as corrected. Mr. Schneiker seconded. Upon
voice vote, the minutes of March 28, 1996, meeting passed
unanimously.
NEW BUSINESS:Appeal # 10-96 Carl Bergmann, W177 S6975 Wildwood
Drive, Muskego. REQUESTING: Under the direction of Section
3.08(1) Appeal Provisions, Petitioner seeks one (1) variance: 1)
Chapter 17--Zoning Ordinance: Section 4.05 (2) C.4 Accessory Uses
and Structures: Permanent Structures, Garages. Said regulation
limits the size of a detached private garage to 60% of the floor
area of the primary building. Petitioner seeks a 221 square foot
variance to construct a 648 square foot accessory structure (91%
of primary floor area).
Mr. Schepp administered an oath to Carl Bergmann and Mr. Jack
Bahr, his builder.
Mr. Trejo described the RS3-OED zoning and the variance
requested. Mr. Trejo stated that RS3-OED zoning takes into
consideration the lot's nonconformity, but neglects to take into
account the size of existing structures in existing developments.
This, in effect, limits the permitted size for accessory
structures, since most of the primary dwelling units do not meet
the minimum required building size.
Mr. Bergmann stated he intends to remove the existing shed. He
explained the access would be from Wildwood. The garage would be
located 8'7" from his home and will contain a firewall. It is not
feasible to locate the garage on the side lot because of the
mature trees in the area.
Appeal # 11--96 Dale Karpinski W183 S6581 Jewel Crest Drive
REQUESTING: Under the direction of Section 3.08 (1) Appeal
Provisions, Petitioner seeks two (2) variance: 1) Chapter
17--Zoning Ordinance: Section 4.06 (2) A.1 Legal Nonconformity:
Nonconforming Structures. Said regulation restricts the expansion
or enlargement of a structure, except within conformity of said
district. Petitioner seeks to expand the existing legal
nonconforming home with an additional 560 square feet.
2) Chapter 17--Zoning Ordinance: Sections 5.02 (3) A Building
Location: Offsets. Said regulation requires a 7.5 foot offset on
the western property line. Petitioner seeks a 2.5 foot variance
to permit an addition with a 5 foot offset to an existing legal
nonconforming home.
Mr. Schepp administered an oath to Mr. Karpinksi and his builder,
Steve Beres.
BOA 04/25/96
Page 2
Mr. Trejo described the RS3/OED zoning. In this case two lots are
under the same ownership. When the dwelling unit was built on the
western lot, the structure meet the required offsets for the
single lot and was considered conforming. When the existing
garage was built, it was built over the joining property line with
the lot to the east. This eliminated the use of discounts on the
offsets and made the primary dwelling unit legally nonconforming
There had been a variance granted previously for the garage in
1986. None of the neighbors contacted the City with concerns.
Mr. Beres explained the addition cannot go to the north because of
the location of the garage and well. The home is built on a slab.
The variance would allow the house to look architecturally correct.
Appeal # 12-96 Mark Schultz, S79 W20473 Tyler 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 (1) Height: Maximum Height Restricted.
Said section restricts the maximum height of any residential
structure to 30 feet. Petitioner seeks a 4.2 foot height variance
to permit a residential structure with a maximum height of 34.2
feet.
Mr. Schepp administered an oath to Mr. Robert Schultz (the father)
and Mr. Tim Sidel, the builder.
Mr. Trejo explained the City received a letter from Ms. Carol
Yeager, the Architectural Control Board for Kimberly Estates
withdrawing her Architectural Approval for this home. Mr. Trejo
explained he received two telephone calls in regards to the appeal
that opposed the height request and one that was not concerned.
Mr. Sidel, the petitioner's architect, explained the bedroom
layouts are based on the excess ceiling heights and the
proportions of the home and the structural integrity of the home
are also based on the excess pitch. Changes to the height would
effect the costs and looks of the structure.
Mr. Schepp administered an oath to Mr. Wayne Salentine and Mr. Jim
Ellis, neighbors in the subdivision. They did not oppose the
variance, however, both commented that their intention is to build
ranch style homes.
Mr. Schepp administered an oath to Mr. James Szalacinski on
Monterey Drive, he was not concerned.
Appeal # 13-96 Mark R. Pfuehler, S75 W13901 Bluhm Court
REQUESTING: Under the direction of Section 3.08 (1) Appeal
Provisions, Petitioner seeks one (1) variance: 1) Chapter
17--Zoning Ordinance: Sections 5.02 (3) A Building Location:
Offsets. Said regulation requires a 15 foot offset on the eastern
property line. Petitioner seeks a 3 foot variance to permit a
deck with a 12 foot offset.
Mr. Schepp administered an oath to Mr. Pfuehler. Mr. Pfuehler
stated he has had many builders look at his home to design a deck
BOA 04/25/96
Page 3
with the limited shape of the lot. He has received Architectural
Approval from the Subdivision Control Board. Mr. Pfuehler stated
his hardship is the location of the house on his lot and the pie
shape configuration of the lot.
DELIBERATION OF APPEALS
Appeal #10-96 Mr. Herda made a motion to grant the variance as
requested. Hardship being the size of the pre-existing
noncomforming house, the lack of storage, and that the request
would not be harmful or jeopardize public safety or welfare. Mr.
Schneiker seconded. Upon roll call vote, the motion to grant the
variance was approved unanimously.
Appeal #11-96 Mr. Schneiker made a motion to grant the variance
as requested. Hardship being location of the existing structure,
the location of the well and the topography. Mr. Brandt
seconded. Upon roll call vote, the motion to grant the variance
was approved unanimously.
Appeal #12-96 The Board of Appeals feels the Plan Commission
should review the height ordinance due to the fact two variance
have appeared before this Board within two months. Mr. Schepp
made a motion to deny the variance due to lack of hardship, the
Architectural Approval being withdrawn and the impact it would
have on the surrounding area. Mr. Herda seconded. Upon roll call
vote, motion to deny was approved. Mr. O'Neil voting against the
motion.
Appeal #13-96 Mr. Brandt made a motion to defer this item until
Mr. Pfuehler is able to review his options with Planning Staff and
amend his request. Mr. Schepp seconded, upon roll call vote,
motion to defer was approved unanimously.
ADJOURN
Mr. Herda made a motion to adjourn, Mr. Brandt seconded. With no
further business to come before this board, meeting adjourned at
9:45 P.M.
Respectfully submitted,
Susan J. chroeder Recording Secretary
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 Muskego Room
at the Muskego City Hall, W182 58200 Racine Avenue, at 7:00 P.M.,
Thursday, May 23, 1996, to consider the following petitions for
appeals to the Zoning Ordinance of the City of Muskego:
OLD BUSINESS
Appeal # 13-96
Mark R. Pfuehler
S75 W13901 Bluhm Court
Muskego, WI 53150
REQUESTING: Under the direction of Section 3.08 (1)
Appeal Provisions, Petitioner seeks one (1) variance:
1) Chapter 17--Zoning Ordinance: Sections 5.02 (3) A
Building Location: Offsets. Said regulation requires a
15 foot offset on the eastern property line. Petitioner
seeks a 3 foot variance to permit a deck with a 12 foot
offset.
NEW BUSINESS
Appeal # 14-96
Fred Arbanella
W198 511075 Racine Avenue
Muskego, WI 53150
REQUESTING: Under the direction of Section 3.08 (1)
Appeal Provisions, Petitioner seeks one (1) variance:
1) Chapter 17--ZoningOrdinance: Sections 5.02 (3) A
Building Location: Offsets. Said regulation requires a
minimum 10 foot offset. Petitioner seeks a six (6) foot
variance to permit a detached garage located four (4)
feet from the lot northern property line.
Appeal # 15-96
Richard G. Bennett
S90 W13960 Boxhorn Drive
Muskego, WI 53150
REQUESTING: Under the direction of Section 3.08 (1)
Appeal Provisions, Petitioner seeks offset variances:
Chapter 17--Zoning Ordinance: Sections 5.02 (3) A
Building Location: Offsets. Said regulation requires a
30 foot offset and 40 foot offset from interior property
lines. Petitioner seeks three (3) offset variances for
BOA 04/25/96
Page 2
existing structures to conform to a proposed land
division.
1. A 21 foot offset from the northern property
line and a 28.85 foot variance from the south
property line on Parcel 3.
2. A 21.42 foot offset variance from the
northern property line and a 1.45 foot
variance from the western property line on
Parcel 2.
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 19.85 (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
Terry O'Neal, Chairman
Dated this loth day of May, 1996
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 Muskege City Hall, 679-5625.
Also, Board of Appeals members may conduct site visits for informational purposes_
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 7:00 P.M., Thursday, April 25,
1996, to consider the following petitions for appeals to the
Zoning Ordinance of the City of Muskego:
Appeal # 10-96
Carl Bergmann
W177 S6975 Wildwood 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 4.05 (2) C.4
Accessory Uses and Structures: Permanent Structures,
Garages. Said regulation limits the size of a detached
private garage to 60% of the floor area of the primary
building. Petitioner seeks a 221 square foot variance
to construct a 648 square foot accessory structure (91%
of primary floor area).
Appeal # 11-96
Dale Karpinski
W183 S6581 Jewel Crest Drive
Muskego, WI 53150
REQUESTING: Under the direction of Section 3.08 (1)
Appeal Provisions, Petitioner seeks two (2) variance:
1) Chapter 17--Zoning Ordinance: Section 4.06 (2) A.1
Legal Nonconformity: Nonconforming Structures. Said
regulation restricts the expansion or enlargement of a
structure, except within conformity of said district.
Petitioner seeks to expand the existing legal
nonconforming home with an additional 560 square feet.
2) Chapter 17--Zoning Ordinance: Sections 5.02 (3) A
Building Location: Offsets. Said regulation requires a
7.5 foot offset on the western property line.
Petitioner seeks a 2.5 foot variance to permit an
addition with a 5 foot offset to an existing legal
nonconforming home.
Appeal # 12-96
Mark Schultz
S79 W20473 Tyler Drive
Muskego, WI 53150
REQUESTING: Under the direction of Section 3.08 (1)
Appeal Provisions, Petitioner seeks one (1) variance:
BOA 04/25/96
Page 2
1) Chapter 17--Zoning Ordinance: Section 5.03 (1)
Height: Maximum Height Restricted. Said section
restricts the maximum height of any residential
structure to 30 feet. Petitioner seeks a 4.2 foot
height variance to permit a residential structure with a
maximum height of 34.2 feet.
Appeal # 13-96
Mark R. Pfuehler
S75 W13901 Bluhm Court
Muskego, WI 53150
REQUESTING: Under the direction of Section 3.08 (1)
Appeal Provisions, Petitioner seeks one (1) variance:
1) Chapter 17--Zoning_Ordinance: Sections 5.02 (3) A
Building Location: Offsets. Said regulation requires a
15 foot offset on the eastern property line. Petitioner
seeks a 3 foot variance to permit a deck with a 12 foot
offset.
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 19.85 (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
Donald Pionek, Chairman
Dated this 17th day of April, 1996
PLEASE 140TE: 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.
Z 3 CITY OF MUSKEGO
BOARD OF APPEALS
Application for variance
Applicants Name a, R. T_�Up__Ue(
Subject Property Address: S 5 W 3 0 U
Telephone Z ]' 0
Property Zoning Key # 2 Zo -�. OLf 2
Petitioner's relationship to property (circle applicable):
owner lessee other
Fees: $125.00
Date inspector denied permit:
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