ZBA-Minutes 14-1991CITY OF MUSKEGO
BOARD OF APPEALS
MINUTES OF BOARD OF APPEALS MEETING ON JUNE 27, 1991.
Chairman Gerald Fohr called the meeting to order at 7:30 P.M.
PRESENT: Chairman Fohr, Vice -Chairman Terry O'Neil, Thomas
Berken, Lloyd Erno, Donald Pionek, Bonnie Posbrig, Darryl Rowinski
and Director Chuck Dykstra.
ABSENT: No one.
MINUTES: Chairman Fohr requested that a correction be made to the
minutes of the meeting held on May 23, 1991. The correction being
on Page 2 in Appeal 12-91 correcting the name of the Chairman as
indicated from "Salentine" to "Fohr." Mr. Rowinski made a motion
to approve the minutes of the May 23, 1991 meeting and Mr. Erno
seconded. Upon a voice vote, the motion to adopt the minutes
passed unanimously.
APPEAL 14-91- Boehm Construction, S81 W17656 Haven Drive,
Muskego, Wisconsin. Chairman Fohr read the appeal for Boehm
Construction requesting an appeal of the decision by the building
department director to assess double permit fees. Zoning:
RS-2/OPD. Director Dykstra stated that the address was for a home
under construction by Boehm Construction which was previously
granted an "early start" permit by Gerald Lee on March 14, 1991.
The early start permit allows for the construction of the footings
and foundation only. Construction must cease at that point until
the building permit is obtained. Mr. Dykstra noted that it was
not until the 26th of April that Boehm Construction came in and
applied for the building permit. Mr. Dykstra informed the Board
that on May 17 he discovered that the house was further along in
the construction process than the early start permit allowed. The
roof was already on the structure and, in checking further he
found that the building permit had not been issued and paid for by
Boehm Construction. On that same day, he notified them of this
fact and informed Mrs. Boehm that they would be assessed double
permit fees as provided for by the city ordinance for commencing
work without obtaining a building permit. Gregory Boehm and Pam
Boehm appeared before the Board. Pam stated that Boehm
Construction was not aware of the ordinance which allowed the
assessment of double fees. She also told the Board that on two
different occasions, she had gone to the Building Department and
inquired about the permit for this house. Both times she stated
that the permit could not be located. She did not pursue the
matter. Boehm Construction believes the $246 double permit fee is
excessive. Mr. Boehm stated that since they had the early start
permit, he believes that the Building Department should have
realized that he would eventually be coming in to take out the
building permit. He also stated the double permit fee is unfair
and believes that the penalty was meant for people who do not take
out building permits at all. The fact that they were given the
Minutes of Board of Appeals
June 27, 1991 Meeting
Page 2
early start permit and applied for the building permit should have
been good enough. Mr. Dykstra again addressed the Board in
response to the Boehms' statements. He informed the members that
as director of the building department he no longer issues "early
start" permits. Mr. Dykstra stated that when Mr. Boehm applied
for the early start permit for this particular house, he did not
submit plans, surveys, or the building permit application itself.
This was not done until a month and six days later when Pam
actually applied for the permit on the 26th of April. He believes
that during that time, the Boehms forgot that they only had
obtained an early start permit and came in and applied after
having gone further than permitted with the construction of this
house. Mr. Dykstra stated that it is too difficult for his
department to keep track of early start permits that were issued
in the past and assume that all of these will be followed through
by the contractors. He stated that application for the permit in
itself does not grant the applicant permission to construct
anything. It must be paid for and in this case was not done so
until after Boehm Construction was contacted on May 17.
APPEAL 15-91- Richard Elliott, S76 W17871 Janesville Road,
Muskego, Wisconsin. Chairman Fohr read the appeal for Mr. Elliott
appealing the Plan Commission decision granting expansion and
amendment of the Conditional Use Grant to Jack and Marvin Strasser
(Johnny's Petroleum). ZONING: B-3. Chairman Fohr called upon
Director Dykstra for information on this appeal. Mr. Dykstra
stated that the B-3 zoning allows for a business use of the
property and the Plan Commission had granted expansion of the
conditional use of same. Mr. Dykstra stated that the Plan
Commission in granting the expansion placed numerous conditions on
Johnny's Petroleum. These conditions will have to be met.
Mr. Elliott, the spokesperson for the Kristen Down Homeowners
Assn., appeared before the Board. He stated that the association
is appealing the decision made by the Plan Commission for various
reasons:
1.) The association and/or subdivision was not notified by the
city regarding the sale of the three lots that the Strassers
are now proposing to buy. He feels that the association was
not given enough information to properly prepare for the
Public Hearing and Plan Commission meeting.
2.) This expansion will increase the noise and air pollution for
the area, having a negative effect on the Kristen Down
Subdivision and its residents.
3.) There is not adequate screening.
4.) The conditions imposed on Johnny's will be difficult to
enforce. Who will do the enforcing?
5.) At the present time, the Strassers are encroaching on sub-
division property.
6.) The association feels that the Plan Commission did not
discuss this matter thoroughly enough nor did they take all
aspects into consideration when granting the expansion of
the conditional use to Johnny's. They are asking the Board to
appeal the Plan Commission decision.
Minutes of Board of Appeals
June 27, 1991 Meeting
Page 4
Mr. Ashbaugh appeared before the Board and stated they want the
enclosed arena so their horses (3 total) can be worked all year
round. Mrs. Ashbaugh stated that she needs more room for the type
of riding she does. The structure will be sided, with the house
being resided in the future to match.
APPEAL 18-91- John Hojnacki, W132 56826 Fennimore Lane,
Muskego, Wisconsin. Chairman Fohr read the appeal requesting a 3'
4" offset variance from the south lot line to add additional
garage space. ZONING: RS-2. Mr. Hojnacki appeared before the
Board stating he has a hobby of collecting cars. The additional
cars are constricting his driveway. He intends to blend the
addition in with the rest of the house. His neighbors have no
objections. It was noted that the deed restrictions for the Hale
Park Meadows Subdivision allow a 10' side offset. Mr. Hojnacki's
plans must be approved by the Architectural Control Committee
and/or Homeowner's Association.
The Board adjourned into Closed Session.
APPEAL 14-91- Boehm Construction, S81 W17656 Haven Drive.
Discussion took place. The Board did not believe a hardship
existed. Mr. Rowinski made a motion to deny the appeal and Mr.
Berken seconded. Upon a roll call vote, the motion to deny the
appeal passed unanimously.
APPEAL 15-91- Richard Elliott, S76 W17871 Janesville Road.
Discussion took place. Mr. O'Neil made a motion that the appeal
be denied. Chairman Fohr seconded. Upon a roll call vote, the
motion to deny the appeal passed with Mr. Rowinski and Mr. Pionek
abstaining.
APPEAL 16-91- Kevin Keller, S70 W17373 Jewel Court.
Chairman Fohr made a motion to grant the 12' offset variance. Mr.
Rowinski seconded. The hardship being the shape of the lot.
Upon a roll call vote, the motion to grant the variance passed
unanimously.
APPEAL 17-91- Bruce Ashbaugh, S67 W20949 Tans Drive.
Mr. Pionek made a motion to grant the 2,734 square foot size
variance. Mr. O'Neil seconded. The hardship being the topography
of the land and the fact that he has animals to shelter. Mr.
Kovacs recommended that the appellants be required to record a
statement to the deed confirming that the RCE Zoning would not
permit commercial use of the property. The Planning and
Development and/or Building Inspection Departments are to aid Mr.
Ashbaugh. He must do this prior to the issuance of a building
permit for the structure. Upon a roll call vote, the motion to
grant the variance passed unanimously.
APPEAL 18-91- John Hojnacki, W132 S6826 Fennimore Lane.
Mr. O'Neil made a motion to grant the 3' 4" offset variance. Mrs.
Posbrig seconded. The hardship being the lack of space to store
Mr. Chuck Dykstra, Sr.
Building Inspector
City of Muskego
Dear Chuck:
You asked what the policy was in
construction beyond a foundation
Foundation Permit was issued.
June 19, 1991
the past regarding the continued
after an Early Start Permit or
I can only remember a couple of times when that happened. After
discussing it with the inspectors to determine the extent and any
other problems they were having with the contractor, the decision
I made was to have a Stop Work Order placed on the job until the
permit was taken out.
I do not know if this was the most effective way to handle the
problem, but it did not put the burden on the department such as
going to court if a citation was issued.
I understand you have chosen to charge double permit fees for work
done without a permit. This is one of the many options available
and may be the most effective in stopping contractors from doing
this in the future.
Good luck,
GERALD P. LEE
Retired
APPEAL 14-91
Iu1:4z[Q1iohIIII) l
DATE:
June
17, 1991
TO:
Board
of Appeal Members
FROM:
Chuck
Dykstra, Sr.
RE:
Boehm
Construction
On March 14, 1991, Gregory Boehm came into the Building Inspection
Department and took out an "Early Start" permit for a home located
at S81 W17615 Haven Drive in Meadow Green West Subdivision. At
that time, he paid $50 which is the fee for an Early Start permit.
This permit allows construction of the footings and foundation
walls only. Find enclosed highlighted area from the Wisconsin
Administrative Code explaining permits to start construction of
footings and foundation. Also enclosed on the same page, a time
frame of 10 business days to approve or deny a building permit
application. Also enclosed on the following page, Section 30.50
from the municipal code: Failure to Obtain Permit. This states
double fees shall be charged if work is commenced prior to the
issuance of a building permit. The following page is a copy of
the Certification of Footings dated March 19, 1991 showing that
five days after the Early Start permit was granted, the footings
were installed. The next page is an inspection report showing
that on March 20, 1991, the footings were inspected. On April 26,
1991, an application for building permit which would allow
construction beyond the foundation when approved and paid for was
applied for and although the date next to Pam Boehm's signature
states the 25th of April, in the lower left hand corner next to
"Fees:," you will see that this application was received and plan
review was paid for on April 26, 1991. The next page shows a plat
of survey. It also shows the date I approved the survey on
5/7/91. The next page shows the corner section of the blueprints
and the date that they were stamped approved, 5/7/91. I would
like to point out that from 4/26/91 to 5/7/91 there are only seven
working days and according to the Wisconsin Administrative Code,
this department has 10 working days to either approve or deny the
application for building permit. The following page shows how the
fees were totalled for this project and it designates the double
permit fee that was charged. The final page is a copy of the
receipt showing the date the money was received at the top
(5/20/91). The date the plans were reviewed (5/7/91) and 5/17/91
being the day that I discovered this home had been built without a
building permit. On May 17, 1991, I contacted Boehm
Construction's office and informed them that they would have to
come down to the inspection department and take out a permit for
this work and that they would be charged double permit fees. On
May 20, 1991, Gregory Boehm came into the office to discuss the
matter, quite excited I might add. Mr. Boehm claims that they
came in numerous times for this plan and it was not ready or it
was unable to be located. I do not feel that this is the case and
feel that what probably happened, looking at the dates of the
construction, is that they forgot that they only had an early
start permit. From the time of the footing inspection (3/20/91)
to the time that they came in and applied for the permit (4/26/91)
was a month and six days. With today's construction schedules, I
find it unrealistic to believe that Boehm Construction let this
foundation sit for a month and six days without ever coming in and
applying for a permit. I feel that it was after a month and six
days that they realized themselves that they had neglected to get
the permit and then came in to try to get it. Now having been
caught with the roof on the home, they would now like to point
their finger in my department's direction and I feel that this is
unjust.
These ordinances and the Wisconsin Administrative Code rules are
made for a reason. They are to be followed. If any of you Board
members or I would go out and break a law, whether we knew it was
a law or not, we know we could expect to pay the penalty for such
action. If I am to enforce the rules, I will need your support.
Thank you.
Section 30.47 -- IDENTIFICATION OF PRODUCTS
100,
All materials shall be identified by the approved label, the grade mark, the
trade mark, or by other approved manufacturer's identification.
Section 30.48 -- INVALIDITY OF PART
If any section, subsection, paragraph, clause or provision of this code shall be
adjudged invalid, such adjudication shall apply only to the provisions so ad-
judged, and the rest of this Code shall remain valid and effective.
Section 30.49 -- VIOLATIONS
It shall be unlawful for any person to erect, use, occupy, or maintain any building
or structure in violation of any provisions of this Code, or to cause, permit or
suffer any such violations to be committed. Any person violating any of the pro-
visions of this Code shall, upon conviction, be subject to a forfeiture of not less
than One Dollar ($1.00) or more than Two Hundred Dollars (S200.00), together with
the costs of prosecution and, in default of payment thereof, shall be imprisoned
for a period of not less than one (1) day or more than six (6) months or until such
forfeiture and costs are paid. It shall be the responsibility of the offender to
abate the violation as expeditiously as possible, and each day that such violation
is permitted to continue shall constitute a separate offense.
If, in any action, a permit was issued, it shall not constitute a defense, nor
shall any error, oversight, or dereliction of duty on the part of the Building in-
spector constitute a defense.
Section 30.50 -- FAILURE TO OBTAIN PERMIT
It shall be unlawful to commence work prior to obtaining a permit therefore. Double
fees shall be charged if work is commenced prior to the issuance of a permit.
- 75 -
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Permi t 1I
City of Muskego
W182:_S8200-Racine Ave.
Muskego- WI ,5315Q:--
679-4110 _
CERTIFICATION FgOTJNGS
Data .��� /71
I hereby cartify that 1 have surveyed the footing corms for the proposed
building located at under Building
Permit No. and the setbacks and footing elevations for the proposed
building are as follows:
Front Yard Setback ................................... a�aC feet
25�r Side Yard Setback....... ............. 17 ec feet
wzs� Side Yard Setback .................... 7j�,.gS feet
Rear Yard Setback .....................................
Top of footing grade -731 9�2 %TcP H s%
Proposed slab grade
Chief off -Survey Party
\ G i
Survey3rr-
- ScG
Reg. No.
NOTE: This certificate is not valid unless it contains all signatures.
Date
Checked by , Building Inspector
feat
RESIDENCE FOR: YVES MACK