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Zoning Board of Appeals 13-1997i; BUILDING DEPARTMENT CITY OF Chuck D. Dykstra, Sr., Director (414) 679-4145 so zu;o Inspection Requests (414) 679-4110 June 27, 1997 Mr. and Mrs. Michael Recknagel W190 S7096 Wentland Drive Muskego, WI 53150 RE: Appeal #13-97 Dear Mr. and Mrs. Michael Recknagel: The Board of Appeals wishes to advice your appeal from Section 5.02(1) Building Location was approved as submitted. And your appeal from Section 4.06(2) Legal Nonconformity was approved as submitted. Please be advised building permits are required prior to commencing building on your property. Should you have any question, please contact Carlos Trejo at 679-5674. Sincerely, n Susan J. Schroeder Recording Secretary W182 S8200 Racine Avenue • Box 903 • Muskego, Wisconsin 53150-0903 • Fax (414) 679-5618 is Appeal 97 Anne and Michael Recknagel W I90 S7096 Wentland Drive Muskego, Wl 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. I 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. DECISION OF THE BOARD OF APPEALS Approved as submitted. Hardship stated was the pre-existing location of structure and concerns regarding the basement leakage. j n e, Approved Chairman O'Neil Approved Vice Chairman Brandt Absent Member Herda I Approved Member Schepp -�— - - Absent Member Schneiker Approved Memb r Schuester (l" ) Approved ember Ross (2nd Alt.) CITY OF MUSKEGO BOARD OF APPEALS MINUTES IF THE MEETING HELD JUNE 26, 1997 PRESENT: Chairman O'Neil, Vice Chairman Mike Brandt, Dan Schepp, Heather Schuster and James Ross. ABSENT: Ed Herda and Henry Schneiker. STATEMENT OF PUBLIC NOTICE MINUTES: Dan Schepp made a motion to accept the minutes of May 22, 1997, meeting. Heather Schuster seconded, upon voice vote, motion carried. OLD BUSINESS:Signing of decision letters from May 22, 1997, meeting. NEW BUSINESS Appeal # 13-97 Anne and Michael Recknagel,W190 S7096 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--ZoningOrdinance: 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. Mr. Trejo explained to the Board members that this is a different submission with new drawings and new location on survey. Chairman O'Neil administered an oath to Michael and Ann Recknagel, Barbara LaMere, and Attorney Kurt Frank. Dan Schepp made a motion to hear this appeal based on the new information. Jim Ross seconded. Upon roll call vote, motion carried unanimously. Attorney Frank described the modified proposal and the need to cover the exposed basement area covering the sump pump. Enforcement of the zoning code would cause unnecessary hardship due to preexisting location of the residence and a variance would not be in contrary to public interest and would be in the spirit with the public code because the existing offset would not be increased but maintained. The home would be improved and aesthetically pleasing in accord with spirit of the code. it would increase the tax base for the city and not adversely affect the neighborhood. BOA 06/26/97 Page 2 The upward addition of 1200 sqare feet would increase livability of the home and create what the Recknagel's originally planned when they purchased the home. Mrs. Barbara LaMere, neighbor most affected by addition was here in support of proposed addition. Mrs. LaMere further stated all the homes in this area are all too close to the lot lines. Carlos Trejo explained the house is 4.6 feet within the nonbuildable area. The second floor would increase to the total amount of square footage that is already nonconforming. Mr. Trejo, further stated, that the extent of the renovation of the home could exceed the 50% allowed for nonconforming structures. Per assessment records, the dwelling is listed at $54,000, allowing $27,300 for improvements. Mr. Trejo questioned costs and a need for a cost breakdown. Mr. Recknagel stated his designer has 30 years of experience and estimates the cost at $18 per square foot, totaling $17,000 dollars. The Recknagel's stated that they plan to do a lot of the work on their own. Appeal #17-97 Parkland Venture LLC/ Arthur D. Dyer, S74 W17000 Janesville Road, REQUESTING: Under the direction of Section 30.09 (4) Inspections: Board of Appeals, Petitioner aggrieved by decision of Building Inspector: 1. Chapter 30-Building Code: Section 30.05 (1) (c) Permits: Permits Required. Said regulation requires permit for wrecking or razing work; and Chapter 30-Building Code: Section 30.50 Failure to obtain permit. City of Muskego, Schedule of Building Permit Fees sets regulation for a penalty fee of three (3) times the applicable permit fee when work is started prior to a permit being issued. The property is zoned B-4/OPD, Highway Business with a Planned Development Overlay. Chairman O'Neil administered an oath to Building Director Chuck Dykstra, Sr., Art Dyer, George Resch, Attorney Richard Frederick and Wendy Reinbolt. Attorney Frederick explained to the Board the intent of his work at the Parkland Mall was only clean-up. Wrecking is a dilemma, there is no definition in the City Code defining exactly what constitutes wrecking or razing. There is also no definition in the State Statutes. The Wisconsin Administrative Department of Natural Resources, however, has a definition under 442.02(11) for demolition. The work done at the Parkland Mall was strictly clean up work, not removing load -supporting structural walls. Attorney Frederick feels this is selective enforcement on the part of the Building Department directed to the Parkland Mall. Chairman O'Neil stated this is not the issue before the Board and would not hear this argument. Mr. Dyer stated that researching past practice in community, he found that there were no demolition permits issued over past five years. There were no wrecking permits for the old Sentry store located in the adjacent parking lot. Mr. Dyer refered to letter sent to previous owner requiring work be done immediately to the roof of the Parkland Mali. Mr. Dyer stated that he was complying with the conditions of the letter. buildable space and at that time it was exp..allle l.� 1'11 what the 50 % rule was. Mr. Trejo stated the Cityis not denying Mr. Lubecke the use of his lot, however, this is a public safety issue being too close to the intersection and too close to the uildTaesecond story norother issue ealfirst rand apermits no second story applied for too b on the new foundation. Mr. Terry O'Neil stated he has been living next to this structure for 10 years and has requested from the Building Department to have it condemned to no avail. It is a pleasure to finally have someone fix up this house and no longer have to watch it being vandalized. A ten minutes recess occurred. chairmanship over the meeting. DELIBERATIONS: Chairman Terry O'Neil resumed Appeal #13--97 Mike Brandt made a motion to accept appeal as submitted. Hardship being structure located 2.9 feet from the BOA 06/26/97 Page 6 property line (preexisting location) and basement leakage (safety). Jim Ross seconded. After discussion upon a roll call vote, motion passed unanimously. Appeal #17-97 Dan Schepp made a motion to deny as submitted. Mike Brandt seconded. Mr. Schepp and Mr. Brandt rescinded their motion upon the advice of the City Attorney to make positive motions. Mr. Dan Schepp made a motion to approve appeal as submitted. Jim Ross seconded. After discussion, upon roll call vote, motion was denied 4-1, Chairman O'Neil voting yes. Appeal #18-97 Heather Schuster made a motion to approve as submitted on location "B" with the stipulation that a survey be submitted to the Plan Department with setbacks located on the map. Hardship being unique parcel (narrow). Jim Ross seconded. After discussion, Ms. Schuster made a motion to defer until location "B" could be identified on a certified survey, a location not to be in the Right -of -Way. Jim Ross seconded, upon roll call vote, motion to defer passed unanimously. Appeal #19-97 Dan Schepp made a motion to accept the appeal as submitted. Hardship being location of building on site. Heather Schuster seconded. Upon roll call vote, motion to accept was denied 4-0. (Mr. O'Neil abstained from voting). MISCELLANEOUS BUSINESS Mr. Brandt questioned when building ordinances would be rewritten. ADJOURN: Mike Brandt made a motion to adjourn. Heather Schuster seconded, with no further business to come before the board, meeting adjourned at 12:30 A.M. Respectfully submitted, 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, W182 S8200 Racine Avenue, at 7:00 P.M., Thursday, June 26, 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 MAY 22,1997, MEETING 5. OLD BUSINESS None. 6. NEW BUSINESS Appeal # 13-97 Anne and Michael 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.I 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 #17-97 Parkland Venture LLC/ Arthur D. Dyer S74 W 17000 Janesville Road Fond Du Lac, WI 54935 REQUESTING: Under the direction of Section 30.09 (4) Inspections: Board of Appeals, Petitioner aggrieved by decision of Building Inspector: I. Chapter 30—Building Code: Section 30.05 (1) (c) Permits: Permits Required. Said regulation requires permit for wrecking or razing work. 2. Chapter 30—Building Code: Section 30.50 Failure to obtain permit. City of Muskego, Schedule of Building Permit Fees sets regulation for a penalty fee of three (3) times the applicable permit fee when work is started prior to a permit being issued. Zoned: B4/OPD, Highway Business with a Planned Development Overlay. FRANK AND KENNY ATTORNEYS AT LAW SUITE 1500 633 WC5T WISCONSIN AVENUE MILWAUKEE, WISCONSIN 53203.19IS TELEPHONE (414) P77 0377 FACSIMILE (414) 277.1303 May 19, 1997 Carols Trego Planning Department City of Muskego P.O. Box 903 Muskego, WI 53150 Via Facsimile 679-5614 RE: Michael and Anne Recknagel Appeal # 13-97 Dear Mr. Trejo: AMY a 1 Mr, and Mrs. Recknagel respectfully request that their appeal number 13-97 be removed from the May 22, 1997, calendar and be rescheduled to the next meeting of the Board of Appeals. Thank you for your courtesy and attention in this matter. Very truly yours, FRANK AND KENNY "I,,mes E. Kenny i - JEK/sdb RECKNAGEWORRE.SI Page 2 structure totaling 173% of the floor area of the principal building on the lot. 2. Chapter 30--BuildingCode: 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 32.4 feet high. Zoned: RS-1, Suburban Residence District. Appeal # 13-97 Anne and Micheal Recknagel W190 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. i 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-31OLS, 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 57825 Lions Park Drive Northwest corner of intersection of Lions Park Drive and Janesville Road 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 S7096 Wentland Drive, REQUESTING: Under the direction of Section 3.08 (1) Appeal Provisions, Petitioner seeks two (2) variances: I. 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 S7825 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 S6453 Jewel Crest Drive, REQUESTING: Under the direction of Section 3.08 (1) Appeal Provisions, Petitioner seeks two (2) variances: I. 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 CITY OF MUSKEGO BOARD OF APPEALS Application For Variance Applicants Name: Anne Recknagel Subject Property Address: W190 S7096 Wentland Drive Telephone: 679-4174 Property Zoning: Key: Petitioner's relationship to property (circle applicable): owner) lessee other Fees: $195.00 Date inspector denied permit: 10-30-96 Requesting variance to section: To allow: A room addifion with a full basement attached to the N.E. corner of the existing building. A 3/4 deck will be constructed on the roof. A literal enforcement of the terms of the above referenced section would result in practical difficulty and unnecessary hardship because: The former stoop with a full basement and containing the sump pump crock is attached to the N.E. corner of the building. The above predates the zoning ordinance, as does the house itself. If the setback is observed, the addition will not be of ❑ reasonable design. The variance, if granted, will not be contrary to the public interest and will be in accord with the spirit of the code because: The aesthetics of the house will increase the property value of said property and adjoining properties. The addition will form a continuous structure, while not encroaching upon the property line any more than the existing structure. The variance, if granted, will not adversely affect public safety or jeopardize public welfare because: The essential character of the neighborhood will be enhanced, since upon completion of the addition, the entire structure will be reroofed and resided providing a seamless whole. Adjoining properties will not be adversely affected. S i r iv --�-__ - - ' - -- . - -'-` � _-- / | ' Sj}1 L i_'?%..